CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 14TH, 1896.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
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OYER AND TERMINER AND GAOL DELIVERY
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AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, December 14th, 1896, and following days.
BEFORE the RIGHT HON. GEORGE FAUDEL PHILLIPS, LORD MAYOR of the City of London; the Hon. Sir JOHN COMPTON LAWRANCE ,. Knt., one of the Justices of Her Majesty's High Court; Sir REGINALD HANSON , Bart., M.P., Alderman of the said City; Sir CHARLES HALL , Q.C., M.P., K.C.M.G., Recorder of the said City; Lieut.-Col. HORATIO DAVID DAVIES , M.P., ALFRED JAMES NEWTON , Esq., JOHN POUND , Esq.,WILLIAM PURDIE TRELOAR, Esq., GEORGE WYATT TRUSCOTT , Esq., and RICHARD CLARENCE HALSE , Esq., other of the Aldermen of the said City; Sir FORREST FULTON, Knt., Q.C., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
ROBERT HARGREAVES ROGERS, Esq.
WEBSTER GLYNES, Esq.
RICHARD CLAKKNCE HALSK, Esq.
CENTRAL CRIMINAL COURT.
PHILLIPS, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 14th 1896.
Before Mr. Recorder.
He received an excellent character.— Discharged on his own Recognizances.
MR. MORESBY Prosecuted.
VERNON RUDOLPH SCHOLTZ . I live at 35, Billings Road, West Kensington—in November last I was in want of a cook, and advertised for one in the Surrey Comet; this is it—in reply I received these two letters, signed "J. Newbury," from 59, Mortlake Road, Richmond, recommending a servant, the writer being about to leave England for the Cape, and requesting a shilling for her expenses in coming to town to keep an appointment—on the 13th I sent the shilling—on the following day my wife went to the address at Richmond.
CAROLINE SCHOLTZ . I am the wife of the last witness—I wrote a letter at my husband's dictation, making the appointment on the Thursday, and came up to Kensington and saw the prisoner—she said she could do everything we wanted; that she had been living with Dr. Newbury a number of years—I did not exactly like her, and after she had gone I went to the address she gave to see Dr. Newbury—I saw the landlady, Mrs. Eley, who said there was no Dr. Newbury living there—the prisoner had told me that he was going to the Cape, that he was very ill, and she did not think he would live to get there.
MARY ELEY . I live at 49, Mortlake Road, Richmond—I sometimes let lodgings—on October 26th the prisoner called; I had a card in the window, "A bedroom to let"—she said she came from he Lady Superior at Hampton Court Palace, and took the room, as she was not well, and wanted a rest—she gave the name of Mrs. Newbury—afterwards I received letters directed to Mrs. Buckle; she had them; she said that was her name, but she had married a second time, and did not wish her
children to know it, as they were always wanting something—she left on November 14th to go to a lady as cook, to oblige her—the last witness afterwards came and asked for Dr. Newbury; he never lodged at my house.
Cross-examined by the Prisoner. You owed me a week's rent when you left.
HARRY MORGAN (Police Inspector T). I took the prisoner into custody on the 17th ult., at 67, The Grove, Baling—I told her I was a police officer; I showed her these two letters, and told her there were three charges against her—she said, "I will show you Mrs. Newbury"—she went upstairs to the bedroom of the landlady, Mrs. Matthias, and said, "This is a police officer; don't answer any questions"—I afterwards took her to the station—she said, "I wrote the letters myself, but I did not think I was doing any harm"—she gave her name as Annie Newbury—before the Magistrate she said, "John Newbury lives at Madeira Rise, Bournemouth."
The Prisoner, in her statement before the Magistrate, and also in her defence, alleged that Dr. Newbury gave her permission to write the letters in his name
A conviction of a similar offence at the Weft London Police Court in March, 1892, was proved against her.
Six Months' Hard Labour.
MESSRS. RICHARDS and SOPER Prosecuted.
TOM NICHOLSON . I am an engineer, living at 49, New Street, Woolwich—in October I lived in the same room there with the prisoners—he left there on Monday, November 2nd—I was a depositor in the Post Office Savings Bank; I last saw my book safe on Sunday, November 1st; it was then in the pocket of a coat which was hanging up in a cupboard in the bedroom—I missed the book on November 4th, and have not seen it since—I gave notice to the Post Office authorities, and found that about £6 had been drawn out—these signatures, "Tom Nicholson" and "T. Nicholson," are not in my writing—I did not tell anyone to write my name.
ELIZABETH ANN DARLOW . I am employed at the King's Cross Post Office—on November 2nd or 3rd the prisoner came in to withdraw some money by telegraph—he produced a Post Office Savings Bank book—I gave him instructions how to do it—I saw him write this notice of withdrawal; the name on the back is Tom Nicholson—I sent the telegram for him to the Post Office authorities; the money was to be paid at Goswell Road—on November 5th he came again—I recognised him—he produced the same book, and I filled up this receipt for £6, which he signed—I paid him the £6, and entered it in the depositor's book—I next saw him at the General Post Office, where I identified him.
Nicholson, and produced a Savings Bank book with that name on it I filled up this receipt for £10, and saw him sign it—I asked him if it was his book, and he said it was—I paid him in gold—I picked him out at the Post Office afterwards—he was dressed in the same way then as now, I believe—I distinctly remember that he had the black mourning band on his arm, as he has now.
GEORGE HENRY FRY . I am a constable attached to the Post Office—on November 27th I found the prisoner at St. Thomas's Hospital, suffering from chest disease and a bad throat—I waited till he was discharged, and then asked him to go to the Post Office—he was there identified by Miss Darlow and Miss Gentry—I charged him with these frauds, and showed him the receipts; he said he was innocent, and that he was only identified by one of the clerks.
The Prisoner, in a written defence, stated that he had been invalided home from his regiment in India, and discharged, and that he had suffered since from ill-health.
GUILTY .— Five Months' Hard Labour.
MR. WILSON Prosecuted.
GEORGE NICHOLAS . I am a butcher, of 339, Portobello Road—on November 27th I was in Smithfield Market from two till just after four—I bought this keg of sausage-skins for 48s.—my van was there—I did not sell it to the prisoner—pigs' bellies are never put into a keg like this.
Cross-examined by the Prisoner. I knew what the keg contained when I bought it; this is the receipt.—I do not know if you keep a stall, or if sausage-skins would be of no use to you—I employ a regular cartminder—the man who saw you take this keg was not my regular man, who had gone to a coffee-shop—he is a teetotaler—you were not a teetotaler when you took these skins.
ROBERT LAWRENCE . I am a cart-minder, and live at Long Lane, Smithfield—on November 27th, about 4.15 p.m., I was watching Nicholls's cart, opposite the Fish Market—I saw the man who drives the cart bring this keg, and put it on the cart, and afterwards I saw the prisoner come and take it off, and walk away quickly with it—I went after him, after getting someone to look after the other carts, and followed him round to Farringdon Station, and I saw a policeman stop him, and I went back for Nicholls—I am sure the prisoner is the man; I only lost sight of him for a few minutes as he went round the corner—he was about 400 yards from me.
Cross-examined. I was about twenty yards from the van when the keg was taken—I was walking up and down, minding the carts—I am not a licensed cart-minder; I am a shoeblack by trade, but I help the cart-minder, and I was minding carts that day—it was two or three minutes before I went after you; I had to get someone to look after the carts—the policeman took you on misprision—Nicholls engaged me to look after the cart on this day; he pays me—I was asked to mind the cart while the minder went to have some coffee—when I came back Nichoils told me he had lost a tub of sausage-skins, and I said, "I have got the man that took it; the policeman is taking him to the station"—I called out to a butcher to mind the carts—I did not notice if many people were
about at the time; there were a lot of butchers in blue smocks—I did not notice anyone else—you had on a white smock, I believe—Friday is a busy day—when the policeman arrested you you had the keg; you were intoxicated, and so he arrested you, and you said it was a keg of pigs' bellies.
FREDERICK HUNT (266 G). On November 27th I was in Cowcross Street—I saw the prisoner, who had this small cask on his shoulder—on seeing me he drooped his head, and looked into the Castle public-house—I kept my eye on him—he proceeded about ten yards, and stopped again, and screwed round his head to see if I was watching him—it aroused my suspicion, and I crossed the road and stopped him, and said, "Where are you going with that? and where did you get it from?"—he said, "I am going home, and I bought it from a man in the market, who lives in Somers Town, for 10s."—I asked him what it contained—he said, "Bellies of pork"—I said I was not satisfied with his account, and should take him to King's Cross Station—he said, "I am sure to cheat you"—while explaining it to my inspector at the Police-station, Nicholls came and identified the property as his, and said it contained sausage-skins—I took the prisoner to Snow Hill Station, where he was charged—in answer, he said, "I gave 10s, for it, and would buy some more at the price if I had the chance"—I believe, from what I have heard, that he has kept a butcher's stall in Exmouth Street for some little time—he was the worse for drink at this time—he has not suggested to the police that he wanted witnesses called here to-day.
Cross-examined. You did not tell me you were looking in the Castle for a man you employ—I have been in Exmouth Street for twelve months—I had not seen you before to my knowledge.
The Prisoner, in his defence, stated that he went to the market to buy meat for his stall; that he met a man who asked him to buy a barrel of pigs bellies; that after bargaining for about five minutes lie paid 10s. for it, and was taking it home when he was arrested.
GUILTY .—The RECORDER remarked that he believed the prisoner had done it more as a drunken, foolish freak than anything else.— Discharged on Recognizances.
63. HENRY JAMES CROWHURST (25) PLEADED GUILTY to stealing, while employed in the Post Office, a post-letter and a postal order for 2s., the goods of the Postmaster General.— Eight Months' Hard Labour.
64. PENELOPE POTTER (25) , to forging and uttering a receipt for £10, and also to forging and uttering a Post-office withdrawal notice. The prisoner received a good character. A lady connected with the Reformatory and Refuge Mission undertook to help the prisoner.— [Pleaded Guilty: See original trial image.] Discharged on Recognizances.
65. WALTER MEDHURST (35) , to stealing a post-letter, the property of the Postmaster-General; and also to forging and uttering a receipt for 3s. The RECORDER suggested that Mr. Wheatley might help him to find work.— [Pleaded Guilty: See original trial image.] Discharged on Recognizances. And
66. ARCHIBALD WILLIAM JOHNSTONE (20) , to stealing nine watches and other articles, the goods of August Lebert : also to stealing a pocket-book and other articles, the goods of Jules Martin, and to forging and uttering a notice of withdrawal of £10 from the Post Office Savings Bank.— [Pleaded Guilty: See original trial image.] Six Months' Hard Labour.
NEW COURT.—Monday, December 14th, 1896.
Before Mr. Common Serjeant.
67. ELIZABETH SMITH PLEADED GUILTY to feloniously uttering counterfeit coin, after a conviction of unlawfully uttering counterfeit coin on February 28th, 1887. Other convictions were proved against her.—Eighteen Months' Hard Labour.
MADLOCK— [See original trial image.] Ten Months' Hard Labour. NORTH— Five Months' Hard Labour.
MR. WILKINSON Prosecuted.
DORA BROWN . I am an assistant at the shop of Mr. Dean, a confectioner, of Shored itch—I was serving in the shop on November 11th, between six and seven p.m., the other prisoner (See next case) came in for a penny biscuit, and gave me a Bonn—I examined it, and took it to Mrs. Dean—Mr. Dean came into the shop, put it into the tester, and a piece came out—she gave it back to me, and the woman left the shop—Mr. Dean followed her, and in a few minutes she was brought back with the prisoner—this is the coin (produced).
JOHN SMITH (305 H). On November 11th Mr. Dean gave me information, and pointed out the prisoner and a woman, at the corner of Baker Street, about five yards from the shop, walking together—I followed them through Baker Street to Chilford Street, turned to the right, and then turned back and met them—I said to Ryan, "Where is that twoshilling piece you were trying to pass?"—the prisoner said, "Here it is, governor"—it was afterwards identified—I said to Ryan, "Where did you get it?"—she said that she got it in Hackney Road on Saturday night, in change for some boots she bought—going back to Baker Street, I heard something fall, and said, "What is that?"—she said, "Nothing"—it was a bad florin—at the station the prisoner said, "I gave the woman a penny to take the coin back, when I saw it was bad"—1s, 2d. in good money was found on him.
Cross-examined by the Prisoner. I first saw you in Baker Street; I saw you with the other prisoner in Chilford Street, and you turned to the right—when I said I must take you back, you said that you had met her casually—you did not say that you had given her a penny out of fifteen-pence which you had in your pocket; you said that you did not know her at all.
ELLEN ANDREWS . I am female searcher at Commercial Street Station—I found this purse and a penny on the woman—after she was put back in her cell, she called out, "George, you had better not have come out tonight"—he said, "Shut up"—no other person spoke in No. 3 cell.
Cross-examined. I was in the passage with a woman in No, 2 cell, and the voice came from No. 3 cell.
coin is bad, and this one also which was picked up; both are from the same mould.
The Prisoner produced a written defence, stating that Bridget Bryant spoke to him in the street, and asked him to lend her a penny, as she had just been to a shop for a cake, and they had broken her florin, and that she said she had taken it at a boot shop, and the constable then came up.— GUILTY . He then PLEADED GUILTY to a conviction of unlawfully uttering counterfeit coin on April 10th, 1893.
The JURY then found him to be Guilty of felony. Ten other convictions were proved against him.
Three Years' Penal Servitude.
71. The said GEORGE BROWN was again indicted, with BRIDGET RYAN (34) , with unlawfully having counterfeit coin in their possession, with intent to utter it. (The case against Brown was not proceeded with, and the evidence in the former case was repeated. RYAN—
GUILTY .— Six Months' Hard Labour.
OLD COURT.—Tuesday, December 15th, 1896.
Before Mr. Recorder.
WILLIAM HARGRAVE . I am master of the ketch, Elizabeth, and live at Humber Cottage, Knottingley—on the morning of November 18th, about half past one, I was in a street I don't know the name of, and I was hustled by five men, knocked down, and robbed of about 10s.—a policeman came up, and had the prisoner with him—I said, "That is one of them"—the prisoner said I was charging an innocent man—my tooth was knocked out—I picked it up, and put it in—I was not perfectly sober—I was walking towards my ship, which was in dock—I saw the prisoner's face when I was down—I think he is the one that struck me, but I will not be certain; it was dark.
ERNEST WHITE (310 H). On November 18th I was in Coles worth Street, at a quarter past one—I heard cries of "Help," and saw four or five men running from Colesworth Street—the prisoner was one of them—I stopped him, and took him back to where I saw the prosecutor, standing in a fighting attitude, bleeding from the mouth—he was drunk—he said he had been knocked down and robbed by some men, and pointed to the prisoner—I had got hold of him at the time—he said, "Don't charge me, governor, for God's sake; I am an innocent man"—I searched him at the station, and 2s. 2d. was found on him—he was thirty or forty yards from the prosecutor when I stopped him; he was running towards me slowly.
Cross-examined by the Prisoner. I did not see you run across the road and stop to speak to a woman—there were some women there.
The Prisoner's Statement before the Magistrate: "I was in Colesworth Street; I was going to see my mother, who lives there, to see if she had gone home or not."
Prisoner's Defence: Since my father died my mother has kept a lodging-house, and I thought it my duty to go every night and see how she was, as she was bad, and had been in She infirmary. On the night of my arrest I went. She was not in; I went to look for her, and, seeing a woman who knew her, I asked her if she had seen her, and, before she could answer, the policeman caught me by the shoulder, and charged me with robbing this man.
E. WHITE (Re-called). He was running across the road when I stopped him—he did not stop to speak to any woman—his mother is a widow and used to live in Quaker Street.
NOT GUILTY .
HAWKINS PLEADED GUILTY .
MESSRS. A. GILL and BIRON Prosecuted.
HERBERT HIGGINS . I am footman to Mr. Percy Armitage, of 28, Hans Place—on the night of November 13th I went to bed between five and ten minutes past ten, after shutting up the windows, and seeing that they were fastened—about ten minutes to twelve I heard someone getting up the front railings—I slept in the basement—I got up and awoke Gibbs, the other servant, and while he was dressing I went along the basement—I could not see or hear anything—I then went upstairs with Gibbs to the dining-room floor, and opened the window backing upon Pond Street, but did not see or hear anything—I then went back to the dining-room; after waiting two or three minutes there was a noise on the leads over the conservatory dining-room, like a soft footstep; I did not see anyone—I then went out in front to see if I could find a policeman—I did not see one, but I spoke to a gentleman—shortly afterwards a constable, named Pickering, came to the house, and afterwards Shrimpton; they went round to the leads; one of them turned on his lantern; there was a scuffle, and the light went out; a man came down the steps, and Shrimpton went for him—I turned round to tell the other constable to look out, and I saw Hawkins running towards me with a jemmy, that he struck at me; I stooped down and missed the blow, and he went on the stairs—Barnacot caught hold of his left hand and collar, and part of his coat, and we all went down together; we then moved him and threw him across the window, and. something dropped from his hand, which turned out to be a chisel; this is it.
Cross-examined by Howard. I saw a man; I did not know it was you; it was someone of your description and height who came down the steps; I should not know the man again; I was not within ten yards of him.
THOMAS SHRIMPTON (334 A). About ten minutes past twelve on the morning of November 14th, I was called to 28, Hans Place; I saw Pickering, and we both went into the enclosure at the back of the premises;
we looked round, but could find nothing—Pickering then went up the steps to the leads at the back, turned on his light, and said, "Here they are"—I saw Hawkins, and I saw Howard jump down off the leads; I sang out to Pickering, "Look after that one; I will look after this"—I fell over a dog-kennel, and Hawkins struck me with this spike of a wheel; it cut both my knuckles; I got hold of his coat with my right hand, and held it, and he got another spike from the wall and hit me on the head with it; he gave a jerk, and two more spikes fell off—I heard a jump, as if he had fallen; I then left him, and went in search of the other—next morning I went to the station, and saw Howard among others, and picked him out as the man that had made his escape—I don't think he had a hat on when he fell over the wall, but I could not swear it.
Cross-examined by Howard. You were wearing an overcoat—I could see the side of your face when the light shone on your head—this cap (produced) was found on the premises before I left—as soon as I saw you at the station next morning I picked you out from among seven—the fact of your having on a surgical bandage did not assist me; I should have known you under any circumstances; I don't think you had a hat on then—I gave a description of you; I said you were a taller man than Hawkins, and you had on a light overcoat and laced boots, but I could not say whether you had a cap on or not—I said I should know the man again—I said I thought I could pick you out from anybody—at the Police court you took off the bandage and put it on the head of one of the other men, and then mixed with the others.
WILLIAM DOUGAL (Detective Sergeant B). On the early morning of the 14th I received information, in consequence of which I went, with Sergeant Hunt, to 13, Little Orford Street, Chelsea—I had known that address before; I knew that Hawkins lived there; I got there about half-past five in the morning—I knocked at the door; Hawkins's step-father came to the door; I knew him by sight—I went upstairs, and saw a brother of Hawkins' in bed; I saw no one else in the room—I searched the room, and under the bed I found Howard, undressed—I brought him out, and said we should take him into custody, charged, with another man detained at the station, for attempted burglary at 28, Hans Place, and violently assaulting a policeman—up to that time nothing had been said about the man having received injuries—he replied, "Is the man dead? has his dying deposition been taken? If he had not kicked me in the ribs I should not have hit him"—I then searched the room for his clothes—I found his trousers hanging up behind the room door, all in rags—they were put on—I also found his waistcoat and overcoat—in his waistcoat pocket I found this skeleton key, a pair of links, and a stud—I looked round the room for his hat; I could not find one—this straw hat was hanging on the door; it was perfectly dry, and covered with dust—it had been ruining in torrents all the night—I fitted the hat to his head; I found it did not fit—I called his step-father, and asked him if that was the prisoner's hat—he said, "No"—I then asked him if the prisoner was a lodger, and he said, "No"; he had not seen him before that night—the prisoner said, "It is mine"—the father said, "It belongs to Jim"; that is the other prisoner—I asked Hawkins whether Howard was a lodger of his—he said, "No"; he had never seen him before that night—on the way to the station Howard asked me whether Lynes was there—I
knew Hawkins by that name—I replied, "Yes "; and he said, "That's all right"—he was charged at the station; he made no reply—on the previous evening, about quarter to eight, I was in Sloane Square, when I saw the two prisoners together, going in the direction of Hawkins's lodging; they were both wearing billycock hats.
Cross-examined by Howard. I said at the station that Hawkins's step-father said the straw hat belonged to Jim—the Magistrate wanted the hat produced—since your arrest I have called there several times, but could not see Mr. Hawkins or his wife; I saw the daughter, but he kept out of the way—a summons was issued, but it took me four days to find him—I served him with the summons on the following Thursday—he did not tell me that he would not appear—the summons was to make him appear—when he produced the hat in Court he said it belonged to his son.
Re-examined. The prisoner stated to me that he had had a fight on Vauxhall Bridge—no one has been found who knows anything about that.
RICHARD HUNT (6 B). I accompanied the last witness to where Hawkins lived, and was present when Howard was found under the bed—I told him we should arrest him for an attempted burglary at 28, Hans Place, and for an assault—he said, "I don't know where Hans Place is; I was never there"—he then admitted that he was there—I was present when he was brought to the station and confronted with Hawkins—I did not hear what they said—they appeared to know each other perfectly well—I found this chisel in a small cellar, where Hawkins was arrested—he said, "Has the man's deposition been taken?"—I said, "No."
Cross-examined. You said, "Is the man dead?"—you did not say who the man was—you had a large wound on the forehead; it was bleeding—it was raining that night—your coat was wet; the hat was not—I could write my name in the dust all round it—I asked Mr. Hawkins who the hat belonged to—he replied, "My son, Jim"—the hat was left behind when you were taken to the station; it did not fit you, nor did the cap.
ALFRED BURDON (Inspector B). I went to 28, Hans Place, at one o'clock on November 14th—I examined the dining-room window, and inside of the putty found it slightly cut—I compared the marks with the chisel, and they corresponded—I also found two marks in the sash of the window which corresponded with this jemmy—it had been just pushed in, not forced; the glass was cracked—I was at the station when Howard was brought there about six a.m.; I told him he was charged with being concerned with another in attempted burglary and assaulting the police—he said, "I admit it"—I then asked him if he would like to put on his hat for identification—he said, "No. What's the use when I admit it?"—however, I thought it best to do so; therefore, I called in some more men and put him amongst them—I then entered the charge, and read it over to him; he then suddenly seemed to wake up, and said, "Oh, I was fighting on Vauxhall Bridge; that is how I came by my injuries. I had no idea that you were charging me with attempted burglary"—that was the first I heard of Vauxhall Bridge—I have since made inquiries.
Cross-examined. When I read the charge over to you you seemed surprised—I examined Hans Place that night; I did not see any garden seat there.
THOMAS NEVILLE , M.D. I am Divisional Surgeon of Police, 123, Sloane Street—I was called to see Howard at the Police-station on the morning of the 14th—he was suffering from a contused wound on the forehead, also from weakness; he seemed very shaken, and complained of pain in his left side, near the heart—I found no bruises there, or any marks of his having been violently kicked on the ribs; if he had been I should have expected to find some marks—the mark on the forehead might have been caused by a fall, or a blow from some blunt instrument, or by a fall from a wall at a height of twelve feet on to a garden seat; he was suffering from shock, and was very faint.
Cross-examined. I examined your chest; I looked at the part where you complained of having been hurt; the heart was beating at the time; your shirt was undone; I looked under it, there was no mark; there was a slight smell of drink, rather offensive—I should say you had taken a great deal of drink four or five hours before.
Howard's Defence; I want to know why Hawkins's father has not been produced. On November 13th, between six and seven, I met the prisoner Hawkins in Sloane Square, and was drinking in his company at various public-houses between nine and twelve, and during that time it was that two policemen saw me wearing a hard hat. On going over Vauxhall Bridge, a man shoving a bundle ran up against me, as if to cut Die on the eye; I had some words with him, and we started fighting, and he kicked me severely; I lost my hat. I got up, and we started fighting again. I gave him a kick, and left him, as I thought, insensible. A man came up and told me that he had been taken to the hospital. I went to see if I could find him, but could not. I went down to Hawkins' house, but did not see him or his father—his brother, seeing the condition I was in, asked me to stop, which I did. In the morning they told me a policeman was there—thinking I was in for an assault on a civilian, I got under the bed, where I was found and taken to the station. Seeing me without a hat, and a bandage round my head, they thought I must be the man they wanted.
Witness for the Defence.
RICHARD HAWKINS . I am a painter; I am step-father to the prisoner Hawkins—I know nothing about the case—I was called by the policeman to recognise the hat—I saw Howard put it on; it did not fit him—I passed the remark, "I think it might be my boy Jim's"—I did not know it; I never saw it before that morning—I don't know that it is yours; I saw McDougal when I was summoned—he asked me if I knew anything about the hat, and I said, "No."
Cross-examined. It was very much too small for the prisoner—I did not know that it was very dusty; I had just been called up—I was not there when Howard came in; I suppose my other step-son must have let him in; he had been at work in King's Road—the prisoner had no key to my house that I know of; he might have had one from Jim—I never saw him before—I did know that he was intimate with my son—Jim had a cloth cap; I believe it is at home now; I would not be quite positive—this produced is not it; I could almost swear so—his is a grey one.
By the COURT. I think I met the prisoner one evening in the dusk as I went out—I really could not swear it was him, but I fancy it was him.
The Prisoner. I wish to call my fellow prisoner; I did not know that I could call him.
Hawkins was called into the witness-box, but he refused to be sworn; he threw down the Testament when it wets put into his hands, and refuted to give evidence.
HOWARD— GUILTY . (See next case.)
JOHN PICKERING (387 B). On the early morning of 14th I was called to 28, Hans Place, in company with Shrimpton—we went through the premises; we found two men on the leads, who were afterwards identified as the prisoner and Howard—the prisoner was climbing up the lattice-work—I tried to hit him with my truncheon; he turned round and struck me with an iron instrument—I fell backwards, and whilst I was holding him he struck me several times in the face with it; I became unconscious; when I came to I heard a police whistle and someone shouting, and I got up and wandered into the garden, and found three men holding Hawkins—I was taken to the hospital, and remained there three weeks—I could not see the instrument with which I was struck—I heard afterwards that a chisel was found in the garden.
CHARLES ROBERT WATSON . I am house-surgeon at St. George's Hospital; I saw Pickering there on the morning of the 14th—I examined him roughly; I could not see his face; he was smothered in blood, and was faint from loss of blood—I had him put to bed, and I dressed his wounds carefully, and stitched them up—there was a large wound on the right side of the forehead, four inches in extent, inflicted by a sharp instrument; there was also a wound on the left side of the forehead, done by a sharp instrument like this chisel—his nose was cut, and there was another wound from a sharp instrument; they were all separate wounds—there was a contused wound on the left side at the top of the forehead, this jemmy would produce such a wound, or it might be done by the chisel—the mark on his left cheek and eyebrow will be scars for life; from the instruments not being clean there is danger of erysipelas—I saw him yesterday; his wounds have healed; but, of course, after a blow on the head, symptoms may arise; he is hardly fit for duty, and is still feeling the effects.
GUILTY .—He also PLEADED GUILTY to a previous conviction on November 13th, 1893, in the name of George Richards; and William Dougal, police sergeant, proved other convictions against him and against Howard.— Seven Years' Penal Sevitude each.
MR. ORMSBY Prosecuted.
WILLIAM WILKINSON . I am employed by Mr. Ashton—on November 13th I delivered some castings in Fetter Lane, leaving my barrow outside—I had to wait while the ticket was signed—when I came back my barrow was gone—I next saw it on Saturday morning at Guildhall.
further off I saw Moss with a barrow, on which were two of our one hundredweight cases of sugar—I took the empty box from Henderson, and he walked to Moss—I said, "What are you doing with this sugar?"—Henderson said, "A man has sent me from the Castle public-house to fetch them away."
HARRY DORMAN (346, City). I arrested the prisoners in Farringdon Street about 4.45, and charged them with stealing two boxes of sugar—I charged them at six o'clock with stealing and receiving the barrow—they said it was standing in the street when the man, who asked them to fetch the sugar, was by it—it is about 500 yards from Fetter Lane to the grocer's in Farringdon Street.
Moss, in his statement before the Magistrate, said that the man who employed them was unknown to him.
GUILTY . MOSS had been three times convicted of refractory conduct in the workhouse.— Six Months' Hard Labour. HENDERSON— Four Months' Hard Labour.
77. GEORGE LAMBERT (32) PLEADED GUILTY to breaking and entering the shop of the Army and Navy Co-operative Society, Limited; also to being found by night with housebreaking implements in his possession without lawful excuse; and to a conviction * of felony in October, 1894, at this Court. A detective sergeant stated that he believed the prisoner had been trying to earn an honest living since his last conviction.— Fifteen Months' Hard Labour.
78. THOMAS WALKER (31) , to unlawfully attempting to obtain 4s. of George Knill by false pretences, with intent to defraud, and to attempting to steal 4s., his money.— [See original trial image.] Discharged on his own Recognizances . And
No evidence was offered against HENDERSON.— NOT GUILTY .
NEW COURT—Tuesday, December 15th, 1896; and
THIRD COURT—Wednesday and Thursday, December 16th and 17th, 1896.
Before Mr. Common Serjeant.
80. HENRY EDWARD TATHAM and GERALD HARCOURT TATHAM, Unlawfully selling and negotiating without authority, certain securities entrusted to them as brokers. Other Counts—For unlawfully forging and uttering a transfer of ten shares in the New York Central Railway Company.
HENRY EDWARD TATHAM PLEADED GUILTY to all except the two for forging and uttering.
MR. H. AVORY and MR. BODKIN Prosecuted; MR. GILL appeared for H. E. Tatham, and LORD COLERIDGE, Q.C. and MR. G. ELLIOTT, for G. H. Tatham.
JAMES KEANE . I am a gentleman's servant, of 39, Claverton Street, S.W.—before 1891 the firm of John Robinson and Henley, of Warnford Court, acted as my stockbrokers; there was a change of partnership, and the firm continued to do business for me—in 1891 I lost some securities, and mentioned it to the elder defendant, who suggested that he should keep my securities in his Stock Exchange safe—in September, 1891, this list of my securities was made out, and on it is six bonds of Spanish four per cent, Nos. 47539-47543 to 48 and 19353, making £436 9s. 5d.—the
last on the list is £200 Havana Railway stock, also a certificate of ten New York Central Railroad—the last entry in the list, as it originally stood, is the Havana Railway bonds, but I gave instructions subsequently, and other bonds were bought—this bought note was sent to me, showing the bonds and expenses, £205—I did not get the securities; they took care of everything after I bought them—I first received the interest, which was payable quarterly, from Morgan and Co., the London agents. of the company; that continued up to January, 1895, after which I received it from the firm by their cheque—it struck me as a strange thing, but I made no inquiry about the securities till after the failure, when I inquired of Messrs. Morgan, and then went to the defendants' office—I saw them both, and asked them how it was I had been receiving the dividend from them, when I had it previously from Messrs. Morgan—they both said that they did not know, and could not understand it—I did not tell them I had been to Messrs. Morgan's office—they said that every thing would be right, and they should pay over 20s. in the pound—the older defendant said that they could not hand the bonds over to me, because the keys had been taken away—I never gave either of them authority to sell or dispose of my shares—this is a certificate in my name of ten New York Central shares; the front of it bears the words, "Cancelled by London Register." (On the back of this was a transfer of ten shares to the witness, signed "J. Kean" in the presence of H. R. Tatham, Tokenhouse Buildings.) I never signed that; it is not at all like my writing; I usually sign my full name to official documents—I cannot write like that—this letter (produced) is my writing, and this is my usual signature, "J. Kean" (Exhibit 10)—in March, 1895, I gave notice to the defendants' firm to sell £119 worth of my Four per Cent. Spanish stock at 17 £, and got this sold note as the value of it—in January, 1896, I got this memorandum, in the elder defendant's writing, of the securities, which they still held, and these Spanish bonds are in it—in August, 1892, I instructed the defendants' firm to purchase twenty Pennsylvania Railway shares for £226 Os. 6d.—they were purchased, and I got this letter, giving the particulars, and in December, 1893, I gave instructions by this letter for four more to be purchased—in January, 1895, I gave instructions to sell ten of the Pennsylania shares; that would leave me fourteen—in January, 1895, I got this letter, enclosing a cheque for the dividends, and, among others, on the remaining fourteen Pennsylvania shares—after the failure I removed some of my securities. through the Official Receiver, but I did not get back the Hanoverian or the Spanish bonds, or the ten New York Central, or the fourteen Pennsylvanias—the value of the securities not returned to me is about £770, and there were some dividends also, amounting to about £40—they were bonds and securities entrusted to the defendants' firm for safe custody and collection of dividends.
Cross-examined by LORD COLERIDGE. I have had many negotiations with the firm of Tatham and Co.; I have known the elder prisoner since 1881; he was the cause of my dealing with his firm; I used to call in on him, and nearly always saw him—I saw the younger man once or twice, if the elder prisoner was out; the conversation would consist of general discussion on possible investments—I wrote to H. E. Tatham and Co., but inside I put "Dear Sir"—I cannot recollect any letter which I sent to H. E.
Tathain only—I received cheques which were all signed in the same writing.
Re-examined. I have often received documents written like document 5, "H. E. Tathain and Co.," but I do not know whose writing it is; it is not H. E. Tatham's writing—I often received documents from the firm so signed.
JAMES HILDFR . I am a stockbroker—I produce my book, of October 24th, 1893—on that day I purchased from H. E. Tathaina and Co. £2,023 12s. 9d. of Spanish Four per Cents.—I saw the younger prisoner, and afterwards received the bonds, and among them were Nos. 47539 to 47543, and No. 19353, at £39 10s. 7d. each—I sold the whole of them to a jobber the same day, and delivered them in due course.
Cross-examined by LORD COLERIDGE. It was Mr. Gerald who acted on the Stock Exchange; I did not see Mr. Henry.
NICHOLAS CHARLES PENNY FIRMI . I am a clerk in the office of Mr. Morgan, agent for the New York Central Railway—transfers of shares go through the office—on August 16th, 1893, Certificate 161693 for ten £100 dollar shares was left with me by Mr. John Tatham for surrender to James Eeane; this is the surrender form—afresh certificate is usual after the transfer has been properly executed—all these certificates have the blank form of transfer printed on the back—from August, 1890, to January, 1895, I paid the dividends regularly to James Keane by warrants—the January 15th, 1895, dividend was the last I so paid—on March 15th, 1895, I received the same certificate, with the transfer form At the back, duly executed, with the surrender form No. 14—the usual process was gone through, and three certificates for ten shares each were issued to Mr. Burke.
Cross-examined by LORD COLERIDGE. It is the practice for American Railway shares to be endorsed in blank, and to have the transferor's name inserted afterwards—the filling up of the transferror's name would be the work of an ordinary clerk—I do not know that there was any difficulty in passing New York shares in March, 1895.
Re-examined. The transferrer inserts his name first, at the broker's office or at home; the transferrer may or may not put on his own signature.
FRANCIS EUSTACE BURKE . I live at Ferriers, High Wycombe—I know the firm of Tatham and Co.; they have acted for me and my brother for many years—in June, 1895, I went to their office, and gave them notice to buy thirty-six shares in New York Central, and got this bought note, signed "H. E. Tatham and Co.," showing the price, with commission, to be £619 19s.—on January 17th I sent this cheque for £619 19s.; it has been endorsed and paid—about two months went by before I got the certificate, and then I received three certificates each for ten shares, dated March 5th, 1895, with pencilled signatures; I do not know who wrote them—I never saw this transfer on certificate No. 3 before—in August, 1895, my brother and I purchased about £2,000 of Pennsylvania Railroad shares, through Messrs. Tatham; my brother took the active part in it; we never got the certificate.
Cross-examined by LORD COLERIDGE. I do not think I saw the younger prisoner from first to last—I think my letters were addressed to the firm, but throughout I have dealt with the elder prisoner rather than the younger.
ALFRED VALENTINE KEENS . I live at 212, High Holborn, and am a clerk—I was formerly clerk to Messrs. Tatham—I think I went them in 1888, and stayed till they failed—Mr. Robinson was a member of the firm when I went there; he left in 1893, leaving the two prisoners partners in the business—the younger prisoner was a partner when Mr. Robinson left—they were both in the habit of attending at the office. and were in personal supervision of the business—Mr. Gerald did the dealing part; the elder defendant was mostly in the office—I am familiar with the writing of both—these words in No. 3, "Francis Eustace Buke," and "Ferriera, High Wycombe," are in Gerald's writing—H. E. Tatham is the attesting witness; the name and address are both written by him—in the signature the "e" and the "a" look like Henry Tatham's writing—I do not know Mr. Kearie's writing—there was an American Share Register in the office, and on March 15th, 1895, I have got three entries on the register, two of which are in one writing; the single one is Mr. Gerald's; that shows that the certificates 168 and 112 of Mr. Keane's were taken from the box to transfer to Mr. Burke—the other two are in my writing—I should copy the particulars from the documents.
Cross-examined by LORD COLERIDGE. I should copy the essential part—Mr. Gerald Tatham went into the Stock Exchange; Mr. Henry very seldom did—Mr. Henry would give instructions to Mr. Gerald as to what to buy and what to sell; he would come in and write them down, and rush out again and transact the business—these entries were made by a clerk, Mr. Lionel Tatham—the entry is usually made in the book when the transfer is sent—I cannot swear that the date was not in—the usual practice is for the endorsements to be in blank, and the transferror's name to be given to the person filling it up.
Re-examined. The elder defendant used to stay in the office, but if he was out, Gerald would see persons, or ask them to wait—the transfer of the American shares was witnessed at the time the signature was put on—when the sale was complete the purchaser and the seller would receive a contract note—that would be the intimation of the sale.
By the COURT. The younger prisoner had his own room when be came into the business—he kept the cash-book—the books were not examined every half-year by a member of the firm, or every year—he did not examine them from time to time that I know of.
JAMES KEANE (Cross-examined by MR. GILL). I never saw this certificate till a few days before I was examined—I had most complete confidence in the firm—I have no recollection of the number of documents I have signed in the last fifteen or sixteen years—my honest belief was that I had signed no transfers in 1895, and that I did not sign this, but I might have signed some documents "Jos. Keane," but not James Keane in full—I do not do much writing—I usually write with a J pen, but in an office with any pen they gave me—I do not remember being asked to sign an instrument in blank—I always sign in full "James Keane"—I think I should always know my signature—this (produced) is my signature; the date is October 15th, 1895—that transfer was executed by me; I have no recollection where I signed it, most probably at home; it may have been sent to me—I sometimes sign "Jas.," but more often than, not the other way—this is a transfer in the same year in my writing (October,
1895)—there are two signatures of mine on this—when I am asked to sign I do not say, "How shall I sign?"—I am never influenced by there sing pencil on the document—I might sign "J." or "Jas." if I was in a hurry, but I do not remember signing a document simply " J.'—I generally sign "Jas." in writing letters, but in formal documents I sign "James."
By the COURT. This is the way I sign "James Keane" to what I call a formal document—this other transfer is mine (produced), and here are two others; I think two of them are signed "Jas,"—I write up more often than I write down, this is one of the down ones, when I was writing in a hurry—my signature varies—this signature (another) is mine—I think I more often write sloping upwards than downwards—this is one where I wrote down, and there is one which is neither up nor down, but level—when the alleged forgery was shown to me I knew that my money had been lost—I was sent for to the Treasury—I signed several documents that year, but mostly in buying—my belief was that I had signed no transfers, but I had nothing before me.
Re-examined.). I recognised the five or six signatures shown me by Mr. Gill, at once; I think they are all for the purchase of stock—I was not selling any stock that year, to the best of my recollection—I used to go to Mr. Tatham's office and say, "What had I better do with this money?" and then the transfers would come by post—I might sign it at home, I don't remember—I have executed a transfer in his office, I signing my name and he his—I cannot swear whether, when a transfer came by post, I have ever sent it back without the attesting witness's name—I regard the New York Central as a good investment; I bought them for invest-ment, and not for taking advantage of any rise—I had never held any of them before or since, and never had any intention of selling them.
THOMAS HENRY GURRIN . I am an expert in handwriting, of 68, Holborn Viaduct—I have had before me letter 10 and the transfer at the back of certificate No. 3—the signature "J. Keane" on the transfer, to the best of ray belief, is not in the same writing as the signature "James Keane" on letter 10; I believe it to be in the same writing as the name of the attesting witness on transfer 3; there is a similarity in the signatures, to the best of my judgment—I have studied the character of Mr. Keane's writing and that of the defendant, H. E. Tatham, and find characteristics of Mr. Keane's writing in the signature of the attesting witness.
Cross-examined by MR. GILL. The material I had was these two letters in Mr. Keane's handwriting—T did not hear him give his evidence, and know nothing about the case; the Treasury are prosecuting—I also had lots of letters, and letters from other people—I saw no other transfer—Mr. Keane's writing is not that of an uneducated man, but I do not consider it good writing; I have seen worse by educated men—it begins with a small "i" for "1."(The witness pointed out the similarities in the different documents, and the JURY compared them.) I can trace a simi larity between the "Yours truly, J. Keane,' and the "J's" on the other paper, and in several of them—I have said, "The genuine signature is in a straight line"—I give that as one of my reasons; I had not then seen any of those which are written straight on—this one produced) runs up hill very much, and this other has an upward tendency—I attach importance
to the reasons I give—even I am liable to mistakes—there have been cases where there have been marked different opinions—the fact of seeing these signatures does not influence my judgment now I look at them—I have said, "I find the elder defendant always writes in an ascending line" and the genuine one is in a straight line.
Re-examined. The elder prisoner's writing has a tendency to slope up towards the end of the signature—there is a great contrast between the thick and the thin strokes, but both the up and the down strokes are heavy—it is what I call a thick writing; he always makes a little loop at the bottom of the "t" to make the "a"—Mr. Keane does not, as an invariable character, bring his "J" below the line, but there is a similarity between the "J's" which go below the line, and those which go to it—part of the "E" where it bends over is very much thickened, and in the letter "a" the first down stroke shows thickness in the writing—I do not find it in Mr. Keane's writing, and I do find it in Mr. Tatham's writing, according to the material there before me—I cannot express an opinion without having an opportunity of examining it: I can tell you to-morrow—I find at the bottom of the "J" in the disputed signature a kind of loop which I also notice in the other writing.
ANN MART CLEAVER . I live at Roseville Road, Fulham—in June, 1892, I instructed Messrs. Tatham to buy for me £300 worth of Havana bonds—I kept them till May, 1893, when there was a burglary, and I got a little nervous about them, and took them to the elder Mr. Tatham, and handed them to him for safe custody—he gave me these receipts, 2337, 2338 and 2341—I received the dividends up to January, 1896, from Messrs. Tatham by postal order—on January 15th, 1896, I got this letter, "All coupons a little later; we hope to send them out in a few days for collection"—the dividends were paid half-yearly, and I got them regularly up to July, 1895—I did not get my bonds after the failure; I never gave H. E. Tatham any authority to deal with them, and had no knowledge of their being so dealt with till after the failure.
Cross-examined by LORD COLERIDGE. The letter I received on January 15th was written by H. E. Tatham—it does not seem that all the letters I received are in the same writing as this one, but I may make a mistake—they were all signed like this.
HERBERT FRANCIS WILLIAM TATHAM . I am assistant master at Eton—I produce two £100 Havana bonds, 2337 and 2338, which I purchased with other securities from the firm of H. E. Tatham and Co. on February 1st, 1893, paying for them by this cheque on Coutts, which has been endorsed and paid by them—the bonds were afterwards handed to Messrs. Coutts to keep safely for me—the first dividend I got was in July, 1893, but I have only put down, "Received from H. E. Tatham and Co."—it was paid straight to my bank.
Cross-examined by LORD COLERIDGE. My negotiations went through Mr. Henry Tatham; the order is to H. E. Tatham, Esq.
CLARISSA WHITEHEAD . I live at 4, Albion Terrace Road, Paddington—in July, 1888, I purchased, through Messrs. Tatham and Co., one Havana Railway bond—this is the bought note. (Dated July 30th, 1888, E. Tatham, brokers.) They kept the bond for me—in February, 1891, I became ill, and this receipt was given me for the bond, which he held.
(Dated December, 1891.) In August, 1893, I got Havana bond 2341 from Mrs. Tatham; I used to work for her—she lived at Teddington.
Cross-examined by LORD COLERIDGE. It was the elder Mr. Tatham who gave me the receipt; I asked for it; it bore his signature, and I received the bond at his house—I did not know Mr. Gerald Tatham in the matter.
WALTER FREDERICK MAPLESTON . I am a chartered accountant—my partner, Mr. Keefe, is acting as trustee of the defendants' firm—the books are in our hands; I have been through them personally—in ledger A to L, under the account of Miss A. M. Cleaver, I find a purchase of £300 Havana Bonds in June, 1892—there is a similar entry in a book, called the box-book of the same date—there is a book called the box-book, which shows Nos. 2237, 2238 and 2441 bonds, bought for Miss Cleaver, and entered in the journal and ledger—on July 29th, 1892, here is an entry in the index-book of 300 Havana bonds, 2337, 2338 and 2341, taken out of the box for Miss Cleaver; and in ledger M to G there is Miss Whitehead's account showing a purchase on July 3rd, 1888, of one Havana bond, credited to her up to April, 1895—No. 2374 is the bond standing in Miss White-head's name in the old book; it shows that that was converted into a railway bond, and became 2341—on September, 1893, there is an order showing that No. 2341 was sent to Miss Whitehead—there is no entry in the book that two of those bonds were sent to Mr. Tatham.
Cross-examined by LORD COLERIDGE. I have had all the books, and investigated them—this was a very large business; the turn-over might have been two millions a year.
ALICE MARGARET WERGE . I live at Malvern Wells—on the death of my mother, in 1891, I became entitled to 100 shares in the Pennsylvania Railway Company, and in November, 1892, I instructed H. E. Tatham and Co., as my brokers, to get those shares transferred into my name, and received this transfer note, No. 62, signed "H. E. Tatham"—on December 13th, 1893, I received a letter enclosing the dividend on the Pennsylvanian shares—I left the certificate for those shares in their hands for safe custody, and they used from time to time to send me the dividends on them by their own cheque in June and December, up to and including December, 1895—about May, 1893, a bonus was declared on those shares, and I received from Tatham and Co. document 65, which contained a form for me to sign, whether I preferred to have the bonus in cash or an additional share; I signed the form deciding to take it in shares, but Mr. Tatham sent it me in cash, £20; when I received that form a certificate for my 100 Pennsylvanian shares was enclosed (Signed "H. E. T."), and certificates for other shares—I do not think there were five, or that there was a printed form on the back—I never authorised either of them to sell or transfer any of those shares: I was quite satisfied with the investment—I never heard him tell, after this failure, that he had dealt with or transferred any of those shares—hearing of the failure, I wrote a letter of sympathy with Mr. Tatham; he has been our broker for three generations—I got a reply, and wrote on
February 3rd, asking for particulars about my certificates, but received no answer—in June, 1896, I received another letter from Mr. H. E. Tatham, and wrote this letter to the Official Receiver, making inquiries about my shares—I do not know whose writing this "Sold by pledger" across the face of it is—I do not know the younger defendant's writing.
Cross-examined by LORD COLERIDGE. All my letters were to Mr. H. E. Tatham, and the replies came from him—I have never seen Mr. Gerald before.
W. F. MAPLESTON (Re-examined). I examined the defendants' books to trace Miss Werge's securities, and found in the American registration book five certificates of twenty shares each, in Miss Werge's name, as having been sent to her on May 15th, 1893; they are numbered in the book 43701 to 43706, and the dividends are credited to her in the ledger up to December, 1895.
JOHN EGAN (Police Inspector). I was present at Guildhall, before the Alderman, when Miss E. Toplis was examined—the prisoner had the opportunity of cross-examining her—her evidence was read over to her, And she signed it. (The deposition of Ellen Toplis was here read, in which she narrated the purchase of shares and depositing them with Messrs. Tatham for safety).
W. F. MAPLESTON (Re-examined). In the ledger account of Miss "Toplis I find entries of New South Wales bonds up to July, 1895—I find no entries of the bonds in the box-book, or anywhere at all; there is no record in the books.
GORDON HAYDON BODLEY . I am chief accountant to Armstrong and Co., bankers, of Bishopsgate Street Within—I know the defendants' firm—they opened a loan account with us on September 16th, 1895—I saw the younger defendant in reference to it at the bank, and agreed to advance £1,000 on certain securities till the next account day; documents were deposited with me, and the advance was made—among the securities were Pennsylvanian Railway shares and some rupee paper; Mr. Gerald Tatham brought them—the loan was not paid off at the next account; it was renewed—particulars were taken of the numbers of the shares and securities deposited—I produce extracts from the books showing the numbers, and among others I find a certificate numbered 437016 of Pennsylvania Railway shares, and two New South Wales bonds 30013 and 30014—I also had £200 worth of bonds of the United Railway, and ten shares in the Illinois Central Railroad—he only brought two certificates on December 2nd, the Pennsylvania and the rupee paper—the total amount I advanced was £3,000, £2,000 of which I advanced on December 31st, 1895, and the agreement for the advance is dated December 31st—among the securities deposited for a further advance was £377 8s. 8d. Spanish Three per Cent, bonds up to January 5th—nothing was shown, and no question was asked as to who they belonged to. (The agreement was to Messrs. Armstrong and Co., stating that in consideration of their advancing £2,000, certain securities were deposited, and that in the event of the markets declining, additional securities would be given, with liberty to borrow on the securities.) That bears the signature of the firm, but I do not know the writing.
Cross-examined by LORD COLERIDGE. E. Tatham came on the first occasion and deposited two securities; they were realised from time to time—on October 10th ten of the seventy were taken away, and 2,000 rupees, but no others—that is a very common practice—the documents pledged did not indicate to whom they belonged; they were all to bearer.
Re-examined. I do not suggest that it is a common practice to borrow money on other people's securities—I did not ask any question; I thought they were the private property of the firm—if I had thought they were the private property of any other person I would not have made the advance.
ALFRED VALENTINE KEENE (Re-examined). The signature, "H. E. Tatham and Co.," to this list of securities deposited with Armstrong and Co., is Mr. Gerald's, and this list of securities at the bottom is his writing, too.
Cross-examined by LORD COLERIDOE. I do not remember having taken securities to the bank to leave on loan, but I cannot swear.
FRANCIS ALLEN . I am a member of the Bar, and live at 42, Duke Street, St. James's—I am the petitioning creditor in this bankruptcy—I employed the firm as brokers for about two years—on January 21st, 1895, I asked them to purchase for me £2,500 London and North-Western stock, and got this bought note, showing the price of stock £1,800 with expenses—it is signed "H. E. Tatham and Co., brokers"—I had also this letter from him. (Stating that he had just purchased 100 New West Brewery shares, £2,500 London and South-Western, and 1,000 Beira Debentures, and was obliged to purchase them for cash.) On January 26th, 1895, I got this list of securities bought for me, and the price of each, 2,500 South Western Deferred, etc., showing a total due from me of £6,392 4s. 6d., and I enclosed this cheque in a letter addressed to H. E. Tatham and Co., which has been paid by my bank—I did not get delivery of the stock; I got this letter of April 5th, 1895, from H. E. Tatham, referring to other securities which I was selling—on June 10th I got this exhibit: "Dear Sir,—Your note to hand. We must regret the delay in the delivery of the South-Western, but it was only purchased with the proviso not to press the delivery"—I had written one or two letters before I got that—I was inquiring about it up to the end of the year, and got this letter from H. E. Tatham. (Stating that he had written to the Smith-Western Railway Company, and hoped to send the stock without delay.) I did not get the stock up to the failure, or since.
Cross-examined by LORD COLERIDGE. From first to last I had no dealings with the younger prisoner; I did my business with the father.
ALFRED V. KEENE (Re-examined). This bought note of Mr. Allen's South-Western stock is signed by Gerald Tatham, and this sold note for Mr. Keane, £119 of Spanish bonds, is signed by Gerald Tatham in the name of the firm—this bought note for Mr. Francis Eustace Burke for railway shares is signed by Gerald, and so is this bought note for £100 Havana bonds for Miss Whitehead.
Cross-examined by LORD COLERIDGE. Gerald Tatham was the member of the firm who transacted all the business, but he would not necessarily sign the bought and sold notes; they might be signed by Mr. Henry—it might be taken in as letters, without one partner, and without the other.
H. E. Tatham 2,500 Deferred stock, price £1,800; 72 per cent, for the account of January 30th—there was no privacy, and no bargain that the delivery of the stock should not be taken—on January 28th one of the Tathams arranged with me that the stock should be carried over, and they carried it over every account till the time of their being hammered—they had to pay contango for that—it was a net loss out of their pockets of £108, in deficiency of contango—it is not true that they had given notice to me to deliver the stock on the Thursday after January 29th; they never gave me notice to deliver it.
Cross-examined by LORD COLERIDGE. All my transactions were with Mr. Gerald.
WALTER FREDERICK MAPLESTON (Re-examined). In the bargains book, under date January 21st, 1895, I find 2,500 London sad South-Western Railway Deferred stock, purchased for £1,800, for Francis Allen, and that stock was carried over on the various settling days up to January 16th, 1896; it was not taken up then—during that time the defendants paid £426 11s. 2d. for differences and contangoes, and they would be entitled to receive for differences £240 12s. 6d. during that period, leaving a loss of £185 18s. 8d., caused by the repeated carryings over—I am trustee to the bankrupt, and, with my partner, I have made a complete and thorough examination of these books—I should say the firm became in-solvent seven years ago at least—a balance-sheet was made out at the end of each month, and they continued to show a balance on the wrong side during all the seven years—that was a thing which would be apparent to both partners—they would be aware of a loss during the last seven years—without about £60,000 borrowed from an elder brother, the business could not have gone on—under date of March 8th, 1895, I found in the bargains book a sale of £119 0s. 9d. Spanish stock for 77 1/4 on account of James Keane—there is no jobber's name; it was no actual transaction in the market—the entry is in H. E. Tatham's writing—on March 8th, 1895, there is an entry in Keane's ledger account, bringing the amount to his credit—the entry is made in the ordinary way in the bargains book—there are two similar entries, where no jobbers' names; appear, in the course of the year—they are posted into the journal, and then into the ledger—the journal is in the writing of one of the clerks.
WILLIAM ROOP TEAGE . I live at 8, West Chapel Street, Mayfair—I have had dealings with H. E. Tatham and Co.—on May 8th, 1895, I wrote this letter to them. (Instructing them to buy £500 Illinois Central at 95 1/4.) I got a reply, and afterwards wrote this letter. (Saying that he could take thirty at once, and would give a definite answer as to the other twenty the next day) I went to their office the next day, saw the elder prisoner, and authorised him to buy fifty shares—I got this contract note, showing that the price of the fifty shares was £966 6s.—the total amount owing by me on that contract note was £1,340 7s.—I sent this cheque for that amount, payable to H. E. Tatham and Co., enclosed in this letter—the cheque is endorsed "H. E. Tatham and Co.," and has been paid by my bank—I had had previous transactions with the firm, and it was their practice on my instructions to lodge securities coming into their hands on my behalf with the Union Bank, Fenchurch Street, and dividends on such securities were paid to my credit at the bank—I wrote this letter.
(Stating that lie presumed that the Illinois Share warrants had been Lodged at hit bank, and asking wither the company had been advised to pay the dividend to his account.) I received a letter enclosing a form of advice to the company—I returned that signed; but it was informal, and they sent me another, which I filled up correctly—the first dividend on these shares became due in September—my bank received the dividend on thirty shares; thirty shares were lodged, but not take remaining twenty—I went to the prisoners' office about those twenty shares; I never recollect seeing anybody but the elder prisoner in connection with this matter—I was put off with excuses from time to time, and never received the certificates for the twenty—after the prisoners' failure I consulted my solicitor, and proved in the bankruptcy for £397, as being the value of the shares.
Cross-examined by LORD COLERIDGE. I never had any dealings with the younger prisoner—I believe the signatures are all the same.
THOMAS WILLIAM PARRY . I am a clerk in the Union Bank, Fenchurch Street—Mr. Teage is a customer—on August 13th, 1895, I received this letter (54), enclosing thirty Illinois Central Railway shares for Mr. Teage—I produced a certified extract from the bank-book, showing the securities were received on August 13th, and placed to Mr. Teage's credit—I have received no others.
WILLIAM FREDERICK MAPLESTON . I find an entry in the bargains book showing that on May 5th, 1895, the prisoners' firm bought for Mr. Teage fifty Illinois Central Railway shares—that entry is transferred into the ledger account of Teage—under date June 12th, 1895, I find by the numbers book the firm received thirty Illinois Central Railway shares, 84601, 83248 and 83249—I find in the American share book those shares registered in the name of Teage—I find no record of any additional twenty shares in the company—the firm bought fifty shares on the market, but they only took up and paid the jobber for thirty; the other twenty would be cancalled in the ordinary course, I take it—only thirty were contracted and paid for.
WALTER ST. GEORGE BURKE . I live at Auberies, Sudbury, Suffolk—for a number of years I employed H. E. Tatham and Co. as my bickers—on August 24th, 1895, I wrote this letter to them (28). (Asking Tatham and Co. to buy £2,000 Pennsylvania Railway shares.) On August 28th, 1895, I received this bought note, showing 178 Pennsylvania Railway shares bought at 55 11/16 dollars, which, with fees, etc., came to £2,000 6s. 6d.—I sent them a cheque for £2,000 6s. 6d., drawn, as far as I recollect, to H. E. Tatham and Co.; it afterwards came back through my bank, can-celled—I did not receive any certificates for those shares up to October 15th—Tatham and Co. were in the habit of sending certificates to me or my brother—I wrote on October 15th, saying that I hoped the Pennsylvania Railway share certificates would be sent before long—on December 2nd I received this letter from the elder prisoner (32). (This stated that the shares were very scarce, and he had only been able to get some.) Shortly before December 18th, 1895, I instructed Tatham and Co. to purchase 400 Imperial Continental Gas stock—this is the bought note I received from them, dated December 18th, for 400 Imperial Continental Gas stock, £947—I wrote on December 19th, enclosing a cheque for £956 13s. 6d., being the price of the stock and fees, and commission, and
I received this acknowledgment of it—on February 3rd, 1896, I received 260 of the Gas stock, but not from the prisoners; I had the transfers, and as soon as I heard of this case I sent them to my solicitors, and they got them for me after the failure—I also got seventy more, making 330 of the 400 I had purchased—I have never had the balance of seventy—I proved in the bankruptcy for about £167 in respect of that stock—I got no Pennsylvania shares—my cheque for £956 13s. 6d. was paid by my bank and returned to me—I received transfers for the Pennsylvania shares, and I executed those and sent them to my brother, Mr. Francis Burke, and I believe they were executed by him and returned to Tutham and Co.—they were bought in my and my brother's names.
Cross-examined by LORD COLERIDGE. I received the transfers for 110 and 150 shares on January 3rd, and another transfer on February 15th—I addressed my letter to Mr. Tatham personally; he addressed me as "Dear Colonel Burke"—I never saw the younger prisoner in my life, so far as I know.
Re-examined. To the best of my recollection the transfers of the Pennsylvania shares were on ordinary forms like this, such as you would buy at a law stationer's, I suppose—my total loss is £2,700 odd—I proved in the bankruptcy for the Pennsylvania as well as the £167.
CHRISTOPHER HENRY WALLIS . I am a clerk to Pot and Co., stockjobbers, of Throgmorton Street—on August 27th, 1895, Messrs. Tatham bought of us 180 Pennsylvania Railway shares for the September 12th account—I have the entry in this book—at that time, also, ninety similar shares were carried over from the last account, making 270 shares in all—those, and other of the same shares, making in all 350, were carried over on September 12th, and up to the December 30th account—we then closed the account; Messrs. Tatham gave us a name for them, which we passed on.
W. F. MAPLESTON (Re-examined). I find by the bargains book that the prisoners' firm bought on August 7th, 1895, 178 Pennsylvania shares for Colonel Burke and another, from Messrs. Pot—a cheque for £2,000 6s. 6d. is credited to Colonel Burke in the books—I find, turning to Messrs. Potts' account in the books on August 27th, a purchase from them of 178 Pennsylvania shares—on September 10th it appears that those shares, with others, making 350 in all, were carried over then, and from account to account till December 30th, 1895, when the transaction was closed; the shares were not taken off the market—I find in the bargains book on December 18th, 1895, a purchase by the prisoners' firm of 400 Imperial Continental Gas Stock for Colonel Burke—they were not taken up except to the extent of 330—I got that from the registration book—330 were registered in Colonel Burke's name—I cannot find from the books how much of that stock was taken up; the bankrupts had several dealings in that stock with a jobber, and I cannot separate it.
COLONEL JOHN PDREFOY JERVOISE . I am bursar of Keble College, Oxford, and live there—the prisoners' firm have been employed as brokers for that college—on November 21st, 1895, I wrote this letter (36). (Asking Messrs. Tatham to sell £3,859 India Three per Cent, stock.) A little later the same day I wrote this letter (37). (Asking them to sell out only £3,600.) Next day I received this letter from Messrs. Tatham. (Stating that the second letter had come too late to fix the amount of the
power of attorney, which was taken out for the whole sum; that they had sold £2,385 at 106 1/2, but could not at present get on with the remainder.) On November 25th I wrote this letter, enclosing the power of attorney, which was to sell £3,859 of the stock, and explaining that I only wanted £3,459 14s. 6d. to be sold—I received this letter, signed "H. E. Tatham," enclosing the sale note of £3,459 19s. 6d. India Three per Cent. stock, realising £3,684, dated November 22nd, and this letter of December 7th—I waited, without receiving the draft as promised, till December 26th, 1895, and then wrote this letter. (Stating that he had been expecting to hear about the money realised by the sale of the stock.) I got this answer. (Stating that he might rely on a draft on Monday next.) I did not get the draft—on January 1st I went to the prisoners' office, but, as it was a holiday, the office was closed—I went again next day, and saw the elder prisoner—I asked him the cause of the delay, and he said the money would be sent in a few days' time; there was some difficulty in completing the sale—he said the draft should be sent on January 7th—I did not get it then—on January 9th or 10th I called and saw him again—some further excuses were made, and he promised to send the draft on the 14th—I did not get it on the 14th, and I sent this telegram on January 20th, addressed "Tatham, 3, Tokenhouse Buildings. Have heard nothing of Kehle College 4,000 India stock. Please write to me to-day, at 94, Piccadilly, stating fully cause of delay, and when sale will be completed "—I received this letter (47) in answer. (Regretting that no definite information could be given then, but stating that their accounts were being fully investigated by their solicitors.) The body of that letter is in one writing, and the signature in another—I have never received the proceeds of the sale of those India Three per Cents.—on behalf of the College I have proved in the bankruptcy for the amount—it represents a loss to the College of £3,684 17s. 6d.
Cross-examined by LORD COLERIDGE. I believe it was written after the prisoners had been declared defaulters.
WALTER DORLING . I am a member of the firm of Webber and Dorling, stock-jobbers, of 7, Copthall Court—on November 7th, 1895, I purchased from H. E. Tatham and Co. £3,459 19s. 6d. Three per Cent. India Stock for £3,684 17s. 6d.—on 27th November I paid that, with other moneys, for other matters, by this open cheque for £5,733 12s. 6d. to the prisoners' firm, made payable to H. E. Tatham and Co.—it was paid into their account at Glyn's; it is crossed "Glyn and Co."—it is drawn on our bank, Prescott's.
CHARLES NORTHCOTE LATTER . I am in the Accountant's Department of the Bank of England—under this power of attorney, which has been identified by Colonel Jervoise, the stock was transferred on November 27th, 1895.
WALTER DORLING (Cross-examined by LORD COLERIDGE). I am a member of the Stock Exchange—I have had many business transactions with Gerald Tatham on the Stock Exchange, where, as a rule, he represented Tatham and Co.—I have always looked on him as an honest man.
and Co., bankers, of Lombard Street—this is the certificate that we have complied with the law—Messrs. Tatham have banked with us since 1864;. before that they banked with Messrs. Currie, who joined us in 1864—on August 29th, 1895, Colonel Burkes cheque for £2,000 6s. 6d. was paid in to their account—on December 20th, 1895, Colonel Burke's second cheque for £956 13s. 6d. was also paid in, according to this slip—on May, 10th, 1895, a cheque for £1,340 7s. on the Union Bank, Fenchurch Street branch,' was paid in—on November 27th, 1895, a cheque for £5,733 12s. 6d., drawn on Prescott's bank, was paid in—on January 28th, 1895, a cheque for £6,392 4s. 6d. on the London and County Bank, Oxford, was paid in—in addition to the ordinary current account, Messrs. Tatham had for many years a loan account, carried on from account to account—it might be closed, and then, revived—securities were always deposited as against advances made by the bank—they would be withdrawn from time to time, and others substituted—the sums advanced by the bank would be placed to the credit of the current account, and the debit of the loan account—at the time of the failure we held a number of securities against the-loan account then running—the amount of the loan then was £7,500—this document (59). is a list of the securities held by us against a loan of £5,000 in November, 1895—among others on that list there are Illinois Central, New York Central, and Pennsylvania—that list would be presented a day or two before, or on the morning of the periodical settlements, by the borrower, when the loan was renewed from time to time—we have an agreement with all brokers with whom we deal now; but Messrs. Tatham having come over to us from Currie's, I cannot find one with them; there must have been one when they originally borrowed from Currie's,. but I cannot find they entered into the ordinary agreement with us—I could not swear to the writing on the list—I generally saw the younger prisoner with reference to the advances on settling days; he would come to the discount office, which is practically part of the partners' room, and express his wish to go on with the loan, or pay it off, and it would be settled verbally—the securities would be brought with the list; it is really a memorandum of deposit—we should have made no difficulty in increasing the loan account if additional securities had been deposited—this is the list (No. 60), showing the securities we held at the date of the failure; it includes Pennsylvania, Illinois Central, New York Central, and Havana Railway—this list was made out at the bank; I went through the securities, and put them down—upon the failure the—securities were sold by us to realise the advances, and there was a surplus, after doing so, and discharging the loan and interest, of £122 13s. 1d.—on the morning of December 30th, 1895, the current account stood in credit £9.997 15s.—I believe that was on account day—in the evening the credit balance had sunk to £1,062—the balance on the morning of January 1st was £831, the balance on the morning of January 14th was £1,362 10s., and that, with £122 the margin, after paying off the loan and interest, made £1,485.
Cross-examined by MR. GILL. I have known the elder prisoner for some years; he has been known at Glyn's since 1864, but at Currie's long before that; I do not know the date of his opening the account there, but a very long time ago—I should think he had had an account
there for something like fifty years—my own memory goes back to 1880—it was a very large stockbroker's business, with a large turn-over for a thoroughly good investment business, which it was—it would not be a large turn-over for a speculative business—it was an account that was invariably in credit; I should say that, as a rule, the average balance was over £2,000—it is ridiculous to suppose that we should not have cashed his cheque for £200 at once—I should not be surprised to hear that in March, 1895, his balance was £10,000—I know he had a partner, Robinson—we understood from the elder prisoner that he got rid of his partner, Robinson, in 1892, in consequence of Robinson having embarked in large speculations, and we heard rumours that Robinson had introduced business by which large debts had been incurred—Mr. Bertram Currie, in consequence of rumors as to the solvency of the firm, sent for the elder prisoner, who explained matters, and from that time Mr. Robinson was out of the firm—I was not present at the conversation, but that is what I understood.
Cross-examined by LOND COLERIDGE. The younger prisoner came to the bank from time to time, bringing securities on the loan account—it is a constant practice for stockbrokers to have loan accounts and deposit securities as against loans; there is nothing unusual in the transaction, supposing the securities belong to the firm.
Re-examined. I think the elder prisoner's interview with Mr. Currie was in 1892—the interview was sought for the purpose of ascertaining something about the firm's solvency—the interview was satisfactory—the account went on just the same after the interview—if it had been represented to us in 1892 that the firm was insolvent, we should probably have taken some other action.
A. V. KEENE (Re-examined). The body of this list (59) of securities left with Messrs. Glyn on November 13th, 1895, is in the younger prisoner's writing.
Cross-examined by LORD COLERIDGE. I see one item is 1,400 United Railway of Havana.
Re-examined. There are also a number of Pennsylvania shares.
W. F. MAPLESTON (Re examined). There is no entry of the sale of Keane's ten New York Central Railway shares in any book, except the American share book—if the transaction had been an ordinary sale on behalf of a client, there would have been entries in the bargains book, day book and ledger.
Cross-examined by LORD COLERIDGE. Those other books were kept by a clerk—I believe the younger prisoner joined at one time as a salaried partner; I have not examined the books so far back as that—I have seen balance-sheets as far back as 1887, I think, but I have not examined them thoroughly—I have not seen an entry of his salary—I believe Robinson retired in 1892-93—so far as I have seen, the younger prisoner brought no money into the business, but he was debited on his entering into partnership with about £4,000—I have not discovered any deed of partnership—the debit was treated as an advance by the younger prisoner to the business, and I believe compound interest was charged upon the advance in his capital account, and at the time of the failure the debit of his capital account had amounted to some £12,000—the books are very complicated, and are not clear; it would be impossible for any other than a skilled person
to unravel them in some respects—an entry appears in the books of a large private loan to the elder prisoner by his brother, starting in 1863—the principal eventually reached £61,000—it was a private affair between the elder prisoner and his brother—this loan has been a disputed point in the estate; the firm were jointly and severally liable—there was no document showing under what circumstances the money, was originally advanced—it went into the business, and was used by Mr. Tatham in the business—it appears in the books from 1863, I believe—the first personal knowledge of the transaction I have is in 1887, when there is a balance of £29,000 to the credit of Mr. Charles Tatham—when Robinson failed his losses were added to the deficiencies of the firm—I believe there were articles of partnership with Robinson—Mr. Henry was a partner at one time; he went out in 1887, I think; there were articles of partnership with him—there is nothing in the books to identify an advance of £1,000 by the younger prisoner, by way of legacy; I have not come across anything to identify his drawing out as against that £1,000—I have looked for it—his drawings in 1893 amount to £1,538—on June 16th, 1893, I find £300 drawn out, and on July 17th £250—there is no ear-marking of the legacy in the books—in 1894 his drawings amount to £1,270—on May 27th and 28th I find £105 and £100 drawn out—there is no ear-marking of those sums as against the legacy—his drawings in 1895 amounted to £1,076—on April 25th he drew £200; there is no ear-marking of that as against a legacy—after the—bankruptcy the younger prisoner's estate was realised; he had a house and a few shares—he had no creditors', and we have the money, a surplus of over £2,000, I think, in hand—it was hypothecated to the creditors of the business—there was no letter-book containing copies of letters written to customers—I found some letters written by customers—I am told it was the custom of the firm never to copy a letter, and that made investigation into the accounts more difficult—I have seen a few cheques, and most of them were drawn by Henry Tatham; I do not remember to have seen one signed by Gerald Tatham; the same applies to the endorsements on the few cheques I have seen in Court as received by the firm.
Re-examined. The receipt of advances on securities belonging to clients would be entered in a separate cash-book kept for the purpose—I have examined it—there is no entry in it of dividends received on Keane's New York shares after March, 1895—the book would not give details of how the amount was made up, but you would see by referring to the ledger account; as the money came in on one day, it would be credited to a client—each item of dividend, as it came in during the day, would be entered in the cash book in detail, showing the name of the client, but not the security—this book, by the help of the ledger, would show that no dividend was received on behalf, of Keane after March, 1895, and that would apply to other bonds, as to which dividends were paid after the bonds had been parted with—the cash books were very carefully kept, and you could trace everything as regards the cash.
Cross-examined by MR. GILL. I nave had since January to ascertain the condition of the prisoner's estate—I find on the books a very large amount of bad debts—there is an indebtedness to the firm by Robinson, the late partner, which, I believe, is assigned to Charles Tatham's estate with other debts and securities—Robinson's liability to the firm was
about £20,000, I believe—I should think the bad debts due to the firm in respect of transactions they had carried out amounted to, approximately, £100,000, or not so much as that—they had been incurred before Robinson left the firm, and had been running on for years—up to the time of the failure money was being paid in respect of some of those debts by the debtors—I thought the names of the debtors were good, but the debts were bad—one debtor owes £7,000—in 1887 a large number of debts were written of—since then they have been carried on as if there was some possibility of them being recovered—some were made within the last three or four years—both those, before and after 1887, were treated as assets—if they amounted to over £100,000, and had been paid, it would have made the firm practically solvent, I should think—I recognise some of the names—I have not been round to see the people and try and get them to pay—there is no question that they are real debts incurred over real transactions—I have not compromised any of them.
By LORD COLERIDGE. A balance-sheet was made up every month, showing the position of the firm; there was no annual or biennial balance-sheet; these were the only ones—I believe the exact financial state of the business was taken every month—all debts not written off would appear, and they are treated as good debts, worth 20s. in the £—it showed a much better position than the facts would warrant—this month's balance-sheet shows that Mr. H. E. Tatham's balance in May, 1895, was £7,000; that is, after crediting him with the £60,000 borrowed from his brother—those figures would show to anyone who did not understand the position a solvent balance-sheet—the £60,000 does not appear; it had been dealt with previously.
By MR. AVORY. I have not seen a document with regard to the arrangement made for the purpose of paying off Charles Tatham—when I answered as to what had been done about the £60,000, I spoke from general information obtained in my investigation of the bankrupts' affairs, and different applications that have been made from time to time in connection with these disputed claims—certain documents were put in, but I do not remember seeing an agreement—bad debts, amounting to about £16,000, were written off in 1887—I have the names of the persons—my attention has been called to the debtors' statement of affairs, which they verified, and in which they set out the book debts—they set out there as assets, "book debts, good, £1,132; doubtful, £3,697; bad, £6,861"—Gerald Tatham was debited in the books with about £4,000 as his capital, he not bringing any money into the business, and each year he was debited with compound interest upon that capital and his drawings, and at about the end of 1895 the debit against him was about £12,000; the book was not made up at the time of the bankruptcy.
JOHN BROUGHTON KNIGHT . I am an examiner in the department of the Official Receiver in Bankruptcy—under the direction of the Official Receiver I have had conduct of some part of the prisoners' statement of affairs and examination—I have personally inspected the prisoners' books and papers—I have made an investigation, with the books, into the list of unsecured creditors, amounting to £82,651—there are claims In respect of stocks and shares paid for by clients, but not delivered, £15,732—£22,328 represent stocks and shares of
clients which have been pledged and sold since by the pledgees—£9,935 represents securities of clients sold and the proceeds not accounted for—£501 represents dividends due to clients, but not paid—I find by the books that in the autumn of 1893 the debt of H. E. Tathara to his brother was about £66,000—it appears in the books as the capital of the senior prisoner—he is credited with it in the monthly balancesheets—I was present at the preliminary examination of the prisoners—this paper I either found among the documents, or one of the prisoners handed it to me—it was identified by them both at the preliminary examination as the document which verifies this transaction—the preliminary examination consists of printed questions, supplemented by such other questions as the examiner thinks fit to ask—I do not think there is a note among the answers as to the production of this document; the effect of it is described—the question was, "State shortly the nature of your assets," and upon the point of book debts a long answer, extending over some pages, refers to this document, which is dated September 4th, 1893, and addressed to Mrs. Mary Tatham, the widow of Charles Tatham—she was the committee of the brother at that time. (The document, in consideration of her forbearing to commence proceedings against him, charged certain securities and moneys with the repayment of the amount borrowed from Charles Tatham It was signed by H. E. Tatham and Gerald Tatham agreed, so far as any of the securities and moneys belonged to him as his father's partner, to give effect to the charge.) From the autumn of 1893 the books in several instances show that contangoes were being paid to jobbers for carrying over stock which had been bought and paid for by clients—I did not calculate from the books the total amount which appears to have been paid in dividends on stock which had been parted with.
Cross-examined by LORD COLERIDGE The younger prisoner brought no capital into the business—he said, with reference to the document just put in, "I distinctly dispute any liability on my part or that of the firm for my father's indebtedness to Mrs. Tatham. This claim was never treated as a firm liability either at the dissolution with Henry or with Robinson. The payments were made with the firm's cheque, but those amounts were always charged to Mr. H. E. Tatham's private account"—that was a correct statement so far as the books show.
Cross-examined by MR. GILL. The elder prisoner always asserted that he had the control of the financial part of the business—he attributed his financial troubles to his connection with Robinson—in the deficiency account there is a sum of £23,000, a private debt of Robinson to the firm—there are an enormous number of bad debts incurred in respect of persons introduced to the firm. by Robinson—throughout the elder prisoner has always stated that if the bad debts were paid there would be 20s. in the £ for everybody—probably if they were good assets it would be so—the prisoners had a safe at the Stock Exchange—the Official Receiver states that he obtained stocks and shares of the face value of about £40,000—I learned that Charles Tatham had met with an accident that affected his mind, and there was pressure for payment; the interest had to be paid, and an arrangement had to be made for paying or securing the principal—the interest amounted to some £2,000—throughout the whole of the investigations H. E. Tatham always said that, with regard to the financial control of the business, his judgment and will were exercised.
Re-examined. I did not go back in the books so far as 1887.
T. H. GUERRIN (Re-examined). I have now examined these additional documents in the shape of transfers signed by Kean in 1890, and they in no way shake the opinion I have expressed as to the signature on the New York Central transfer—they convince me more than ever that the signature on the transfer is undoubtedly a forgery, and I cannot find sufficient ground for altering my opinion that it is in the handwriting of the elder prisoner.
Cross-examined by MR. GILL. I have examined all the signatures of Keane that have been submitted to me—there is an attempted similarity to Keane's writing in the J. Keane disputed signature—I made a report upon the material submitted to me, pointing out the discrepancies between the disputed signature and the two real ones—I did not give my best reason first, but the one that struck me first—probably the most obvious would strike me first—I make notes in the order they strike me—I should not necessarily give my strongest reason first—the general appearance of the writing is one of the first things that strike me—the first thing that struck me about this writing was that it was written on a gradually ascending line—all of Keane's writing that I had then seen was written straight, but I have since seen signatures of his that are written on an ascending line—that reason must not go; I should not have stated it with such force if I had seen the other signatures—I still say that the formation of the capital J's is entirely different—I stand by the reason I gave that the contrast between the thick and thin strokes is much more marked. (MR. GILL cross-examined the witness as to the formation of various letter sin the documents.) Writing varies much according to the circumstances under which a man is writing; the kind of pen and the amount of ink in the pen, and the position he is in; and it might vary according to the condition of a man's health, if he were a little delicate in the morning.
Re-examined. In all the admitted genuine signatures of Keane, I donot find one instance of this shakiness or hesitancy which appears in the disputed signature—I find it specially noticeable in the up stroke of the capital K—I find no instance of Keane making an "n" such as is in the disputed signature—I am absolutely certain the signature was not written by Kean, the witness—I cannot say in further examination has strengthened me in my opinion that it was written by the elder prisoner, but it has not weakened it—on the evidence of the transfers alone, apart from other documents, I should certainly say that this document is not signed by Keane; he would write more carefully when signing a formal document—it would be better to compare formal documents; my original opinion I expressed with regard to comparison with signatures on letters.
JOHN EGAN (Detective Inspector, City). I received warrants in this case—on October 3rd I saw Gerald Tatham in the Isle of Wight, and told him I was a police officer, and held a warrant for his arrest—I read it to him—it charged him with fraudulently converting ten New York Central shares and one Temisconata bond—he said, "My lawyer knows of that matter; otherwise I should have been gone away some time ago"—he was brought to London—the same day I saw the elder prisoner at Waterloo Station (he had been brought up from Wimbourne by another officer), and arrested him—when I read the same warrant to him he said,
"All I can say is, I know nothing about it"—when charged at the station neither prisoner made any reply.
Cross-examined by LORD COLERIDGE. I made a very rough note at the time—the younger prisoner asked whether he might go upstairs to change his clothes, and he said, "You need not be afraid of my going away; if I had been going away I should have gone long ago"; he continued talking, and I cautioned him—it was not in connection with that statement that he mentioned his solicitor.
Witnesses for G. H. Tatham.
LIONEL TATHAM . I am a son of the elder prisoner and a brother of the younger prisoner—I was a clerk in their firm from 1891 to 1896—any brother was clerk from 1874 to 1881; I was not in the office then—I believe he became a partner in 1888, but I was not in the office then—he is my elder brother—H. E. Tatham conducted the financial business of the firm entirely—my brother's opinion was never asked on matters connected with business of clients of the firm, only as to his own personal friends—apart from them, the general business was entirely in his father's hands—he received directions from time to time from my father—I should say he was not treated in any sense as an equal by his father—he took the business on the Stock Exchange, and that took him a great deal out of the office—when I went to the firm in 1891 Robinson was there—my brother had no private room till Robinson retired; he was very much like a head clerk—my father gave instructions about buying and selling on the Stock Exchange, and he wrote or signed letters to the customers, as a rule—some letters were written too Mr. Tatham personally, and some to Tatham and Co.—press copies of letters were not kept unless they were very important; to lawyers, or something of that kind—my father speculated on his own account in a very small way, but Robinson did speculate, and he left the partnership on that account—the losses incurred by the firm in respect of Robinson's speculations amounted to about £26,000 or £30,000—I heard Mr. Mapleston's evidence—I understood that my brother brought nothing into the firm—I do not know the terms of the partnership—my brother told me he received a legacy of £1,000 from Mr. Hamilton in 1893—I have very often filled in the names of transferees to these American securities—we each had our allotted books, but if pressure came we were asked to do one another's work, and so we made entries in each other's books when occasion arose—the books show entries in different writings of different transactions—it was more my duty than anyone else's to keep the American registration book, but others made entries in it—Keene, I think, made a good many entries in it—other persons than the younger prisoner took securities to the bank; I have taken them—I should say that other clerks in the office have done so—I never examined them, or inquired whose they were; only handed them in—in October, 1893, the firm had a quantity of Spanish bonds—my father or my brother might hand securities to the clerk to take to the bank—clients' securities, deposited with us for safe custody, are kept in a box in the strong room, or in a safe in the office—my brother had the keys of the box and safe, and I had a duplicate key—I do not know, one way or the other, if my father or the firm had other securities.
Cross-examined. No book was kept that I know of showing what securities belonged to the firm as distinguished from those belonging to
clients—my father had no key of the strong room or of the office safe; that I know of—when securities were taken to the bank I or my brother had to get them out of the strong room—the safe was open during the day, and anyone could go to it—no distinction was made as to which were kept in the strong room and which in the office—clients' securities were mostly kept in the strong room—I did not know whether I was taking clients' securities or not to the bank; I was told to go and fetch certainbonds, and I did so, and brought them into the office—I do not remember the particular case of September, 1895, when my brother went to Armstrong and Co. with a bundle of securities—I was told to fetch such and such bonds—I was not often down there—when I did go and fetch securities I had directions from in my father or brother—I have, on some occasions, taken securities to the bank—I cannot say if they were taken out of the Stock Exchange strong room—clients' securities never came into my department—a record of them may have been, kept as they were deposited for safe custody; I don't think there was—generally they were tied up, and labelled, to indicate to whom they belonged, I won't say always, and when they were brought out of the strong room into the office the label would be on them—I cannot say if the—label was taken off before they were taken to the bank—I never examined the securities taken to the bank—the label was an ordinary square slip, with the name of the firm and the client's name, slipped in—I cannot say if I ever took securities to the bank with the label still attached; the security was handed to me, and I took it to the bank, and never examined it—a long blue book was kept in the office to record the securities deposited at the bank against loans—I believe it contained a record of all securities deposited with the bankers, but I had no connection with it—I cannot say if the bankers would advance money on a security which had a label, showing it belonged to a client—a client might want money, and we might take the securities and deposit them, and leave the ticket on, and borrow the money—I knew the firm was borrowing money for a long time before the failure—I thought our difficulties were only temporary—I had been thinking that for two years—I must have been with the firm when a new loan account was opened at Armstrong's, but I don't know anything about it—I think it was known generally in the office that the firm was it temporary difficulties—we knew in the office that they were carrying over stocks which clients had paid for; none of us liked to know it; I thought it was so—there was a client Allen; I don't know what the particular case was—I knew some South-Western Deferred stock was being carried over all through 1895; I did not know whose it was—in the ordinary course of book work it would be brought to my notice each account day that such an item was being carried over from account to account, and differences settled on it—probably every other clerk in the office knew it too—Gerald Tatham did the buying and selling on the Stock Exchange—the entry of March 15th, 1895, of New York Central shares is the only one in his writing on that day, the others are in Keene's writing—the account day would be about the middle of the month—if those ten shares of Kean's had been sold by his direction, Gerald Tatham would have been the person to sell them on the Stock Exchange—he has his, own book for the purpose of doing business on the Stock Exchange—if he made such a sale he might enter it in his book, or he might bear it in mind, and
enter it in the book in the office when he came in—his usual practice was to enter everything in his own book—when he came into the office there would be an entry in the jobbing book, with the name of the jobber with whom the bargain was made—all the entries in his book are copied into the jobbers' book—that entry being made in the American Share Register, it would not be anybody's duty to post it in any other book; it is an in-dependent record—I did not know in November, 1895, of this sale of India Three per Cent, stock for Keble College; I don't remember anything about it—my brother would sell it—the jobber's cheque for the stock delivered would be received in the office—the signature of the bought note is my brother's—that would not indicate that he carried the matter through; he generally signed the contracts—this entry in the cash book of the jobber's cheque, including Webber and Dorling's cheque for £5,000, is the largest amount on that page; it is a striking item to anyone who looks at the book—the book was open to the clerks or partners to look at, if they wanted to know if the jobber had paid that cheque—the entry is in my brother's writing—I knew some shares were bought for Colonel Burke which had not been taken up, and I knew some were being carried over; I presumed they were part of his—I had admittance to the house; I was not always there.
Re-examined. Mr. Gerald was in the house in order to know what was going on—if securities were to be taken, to the bank, my father or my brother might have given directions—if there is a bought transaction and a sold transaction with regard to the same stock, we should enter it—I know a cheque was signed for the amount of this India stock, because an envelope was found after the failure—this is the cheque in my brother's writing. (The cheque was "December 30th, 1895. Pay Colonel Jervoise or order £3,679.—H. E. Tattiam and Co "The letter enclosing it stated the the cheque was for the proceeds of the India Three per Cent.) I do not know whether the South-Western Railway stock had been paid for—the account day was December 30th—throughout the two years my father considered himself solvent; he said nothing about his financial position to me, or in my hearing—I knew nothing about his private means apart from his business; he said nothing about them to me or in my hearing—I always understood he was well off, apart from his business—I have had my own establishment since 1893—I never spoke to my father about money matters; I was only a clerk in the office, and did not like to ask any questions.
By MR. AVORY. This entry in the cash book of January 31st, 1895, "F. Allen, £6,392," is in Gerald Tatham's writing.
By LORD COLERIDGE. The cheques were given to him, and he entered them in the cash book as a rule—I have done it myself sometimes—there are a great many there—I should think 150 or 200 a week.
FRANCIS GEORGE BOLTON . I live at 16, Ramsay Road, Forest Gate—from 1881 to 1895 I was a clerk to H. E. Tatham and Co.—at present I am employed by Messrs. Hirsch and Co., of Warnford Court—I became thoroughly acquainted with the method of business in the prisoners' office—the part of the business connected with seeing the clients was principally conducted by H. E. Tatham—Gerald Tatham was principally in the house doing the business, and occasionally assisting in the office work—he took shares to the bank for loans, and things of that sort—I never took
securities to the bank—I knew the firm had securities of their own apart from securities of their clients—I knew, from the books, that the firm had a large quantity of Spanish stock—the special ledger, No. 2, would show it—those securities were kept either in the safe in the office, or the safe in the house, in the same places as clients' securities were kept—the American Share Register was kept generally by Mr. Keene, and some times by Mr. Lionel Tatham—any clerk might have made an entry in it with regard to a transaction in American shares—I recognise Gerald Tathara's writing under the head of New York Central; the entries above and below are in the writing of Keene and Gerald Tatham, and I think some are by another clerk, Buckley, but I am not certain about that.
Cross-examined. I am aware that Lionel Tatham said that all those entries on that day were written by Keene, with the exception of the one relating to the New York shares; I am not prepared to dispute that—this book is not posted from or into any other book—whoever makes the entry must get the information from somewhere; I think it would come from the sold note; I am not sure about it—any person making the entry in the book would have the sold note before him—I do not know that it is a record of a non-existing transaction—I kept the day book, or journal, and made out contracts, and assisted the book-keeper in posting from the journal into the ledger—I could not say positively that there is no entry in the ledger of Keane's account of the transfer of his shares—I have never looked to see—I did not know for some time before the actual failure that the firm was in difficulties—I heard no rumour of it at all—I only knew that business was very quiet—I left at the end of March, 1895—clients' securities were always labelled with the client's name before being put in the safe—either Lionel Tatham or Keene would do that; I might have to do so on emergency.
Re-examined. If Gerald Tatham had been handed a transfer from Mr. Keene into the name of Mr. Burke, it would, or might, be his duty to make such an entry in the American register, and that entry would be perfectly regular unless the document was forged—there are various handwritings through the book—I recognise two or three hands; mostly Mr. Keene's.
By the COURT. I had nothing to do with the securities—I had no entry to the house—I did not put them in the office safe—my duty was limited to occasionally putting labels on clients' securities; that was very seldom, only on an emergency—I have seen in the Spanish ledger, in an account called Spanish stock, the fact of the prisoners having Spanish securities of their own—T have seen Tatham's name attached in connection with the entries in the book as proprietor of them—the amounts were very large; I cannot say what—ledger No. 2 was used for keeping an account of the stock as it was bought and sold; Mr. Tatham's stock, principally—I think there was other stock besides the Spanish which was Mr. Tatham's property, to a very large amount, and a valuable asset—it was Spanish Government stock, which could be easily converted into money—I think it was sold principally to clients of the firm—that was the purpose for which it was retained—Gerald Tatham kept the cash book.
GUILTY upon all counts excepting the forgery. The JURY recommended the elder prisoner to mercy on account of his age.— Three Years' Penal Servitude each.
OLD COURT.—Wednesday, December 16th, 1896.
before Mr. Justice Lawrance.
MR. BIRON Prosecuted, and MR. MUIR Defended.
JAMES FAYER . I live at Yew Tree Road, Liverpool—I was employed on board the screw steamer Queensland, in the capacity of second cattle foreman—in October she was returning from Argentina to this country—the prisoner was shipped on board at Argentina as a cattleman—the deceased, Evan Evans, joined at the same time; he was night watchman of the cattle—there were eighteen cattlemen altogether, including the foreman and deputy—it was Evans' duty to go round at night and see to the animals; he had a lantern with him, and went round every half-hour till six a.m.; he was then relieved by a cattleman—I used to call the cattlemen; Evans called them a few times, but it was my custom to do so—on October 18th it was in my duty to call them—prior to the 18th, there was an order given to Evans about calling them in the morning—on the 18th I went down to call them shortly after five; they slept in the cabin opposite the galley; it was very warm that night, and they were sleeping all over the deck and in the cabin as well—the prisoner was among those sleeping in the cabin—when I got down I saw the prisoner there, waking the cattlemen outside 'the cabin door—he said something to me—I went into the cabin and told them to come over to work, and they did—I heard Evans say, "I have a good mind to go in for him"; there was a tussle, and they closed—Evans made a charge for him—I could not say whether he struck him or not; he was the last man that came out—the next thing I heard was Evans shouting out, "Oh! oh!"—that was almost directly after they had been struggling—at the time Evans went for the prisoner he had nothing in his hand, nor had the prisoner—there was a light in the room, and a light in the galley; a small ordinary lantern hanging on a nail—it was rather a dark place at any time in the galley-way—they started to struggle between the galley door and the cabin door; it was completely dark there—it was getting day-light at half-past five, but you could hardly see—I was able to see—I saw the prisoner using a knife a day or two previously; he always carried a knife—I did not see the knife at this time—I assisted Evans into his cabin; I was on deck afterwards when the prisoner was brought up before the master.; the captain put a revolver to his head and asked him if he had the knife, and he took it from inside his breeches and threw it overboard.
Cross-examined. The cattlemen were generally called about five—Evans had no business to call them at half-past four; it was my duty to call them—I did not call them with a broom-handle—there had been trouble two mornings before about Evans calling them; they did not like his calling them, I suppose because he was one of themselves; he was about twenty-one; he was a Welshman; he was a strong, stout lad—when he went for the prisoner that morning I did not think he was going to strike him—he made a rush at him—I saw no knife; I should not
think it was light enough for the prisoner to see whether Evans had anything in his hand.
Re-examined. Evans was not as tall as the prisoner; the prisoner was the strongest man on board.
ANDREW MACKEESY . I was second cook on board the Queensland—the galley is opposite the cabin in which the cattlemen slept—on October 18th, about half-past four a.m., I saw Evans come down to the cabin, and go in and make a noise to wake the men up—he had a light in his hand, and there was a light in both rooms—he had a long stick in his hand—this is it (produced); it is a broom-handle—he used to carry it about in the night to get the cattle on their feet; he was tapping each bunk with the stick—after he had done that he came rushing out; I don't know why, but afterwards this sheath came flying out at the door of the cattlemen's room; it is aniron thing, weighing about fourteen pounds—Evans stepped on one side, or it would have hit him; it passed close to my face—I did not see who threw it—the prisoner was in his bunk, in a stooping position; the other men were dressing themselves at the time—I picked up this sheath, and walked into the room—the prisoner bad this piece of iron in his hand; I took it from him; it is called a block—I saw him take his knife from his side, and put it back into its sheath; it was lying down by his side, and he took it up and put it back into the sheath; that was after I had taken the iron from him—after that Evans was standing in the galley—I remember his saying, "I have a good mind to go for him," and he walked up close to the prisoner, and the next thing I heard was his howling out "Oh!"—that was about a couple of minutes after he had walked up to the prisoner, or a couple of seconds, I could not say how long; perhaps a minute or a minute and a-half—at the time Evans went up to the prisoner he had nothing in his hand; he had the stick—he was in the habit of carrying a knife; this is the sheath.
Cross-examined. It was kept in his belt—I had not been in the cattlemen's bunk that morning—the men did not take off all their clothes at night; the prisoner had his trousers on when I saw him—I don't know what he did with his knife—I wear a sheath knife attached to my belt; I take it off when I go into my bunk—I did not see the prisoner put the knife into its sheath; I merely saw him take up the knife from the bunk—I would not swear it was not in the sheath, I don't think it was—there was a very dull light there—he allowed me to take his band off quite peaceably—I never had anything to do with him before—I would not swear that he did not touch the prisoner with the stick that morning; I did not see him do so; I saw him make a point at him with it, I suppose because he was asleep—there were two rows of bunks, one above the other; it held nine men; the prisoner was in the top one—I cannot say that Evans made a rush at the prisoner—I heard him say, "I have a good mind to go for him," and immediately after that he did make a go at him.
Re-examined. When I saw the knife in the cabin, I should not like to say whether it was in the sheath or out of it.
RAYMONDA AGEESE (Interpreted). I was employed as a cattleman on the Queensland— I slept in the same cabin as the prisoner—I remember Evans coming into the cabin on October 18th—he came in with a stick, and began to hit the bunks all round—then he struck the prisoner with it in the chest—the prisoner asked him why he did that—I did not
understand the reply, it was in English; then Evans struck him another time, and hit him in the jaw—the prisoner said, "Why do you come and knock me, for no reason whatever?"—he then got hold of the stick, and threw it at him, but it did not hit him—the prisoner then threw this sheath—I did not see anything in his hand—I saw nothing after chat—the prisoner got out of the cabin—I went out first, and the prisoner came after me, and as soon as he came outside Evans began to strike at him; he actually struck him—the prisoner seemed putting up his hand to defend himself, and Evans was striking at him—I saw blows, and when the prisoner could not defend himself with his fist, he took a knife and stabbed him—I saw him draw the knife from the sheath which he carried in his belt; it was done in the thousandth part of a minute.
Cross-examined. It was Evans that roused me the morning before; he had a lantern in one hand, and I said, "Come on, come on," and he seized hold of one, and the other—when he first came in he had not the stick in his hand, but he went out, and came back with it; one of them asked him why he seized him by the arm to call him, and he used the stick—he did not use the stick to the prisoner that morning—on this morning he and the prisoner were struggling three minutes, or three and a-half. before he drew the knife—the prisoner could not use his fist to defend himself—he raised his arm to keep the blows off.
WILLIAM H. FRANCIS . I live at Liverpool—I am master of the screw steamer Queensland—on October 18th, about half-past five, I was called to the port side of the deck, and saw Evans lying on the deck, bleeding freely from a wound in his left thigh—I first tried to stop the bleeding he was afterwards moved to the other side of the deck—there was no doctor on board—I saw a very Urge wound in his hip—I sewed it up, and stopped the bleeding, and then I saw another wound—the wound on the hip was about three inches long, and it appeared to go right to the bone—it would have required tremendous force to cause that wound—it was quite on the hip, and round to the back—it was a blow from a man facing him, and done with the right hand—I could not stop the bleeding with plaster, and so I sewed it up; he had another wound, a small one on the chest, about three-quarters of an inch long—it cut the flesh, but I could not see that it penetrated—it was done with a knife; nothing else could have done it—I ordered the prisoner on deck, and put on handcuffs, which I took from my pocket—he lifted up his shirt, and took the knife from under it—the sheath, which ought to have had the knife in it, was empty—he threw the knife overboard—before he was handcuffed he pointed to his chin—I did not look at it at that time; I did shortly after-wards, and saw a slightish wound; but that was an old wound it was not a mark that would be caused by a fist; there was no other mark—he remained in handcuffs in a cabin—I took them off occasionally for him to wash himself—Evans died about half-past ten on the night of the 18th.
Cross-examined. When I went up to the prisoner I did not ask him for his knife—I might have done so; I don't remember it; I speak very little Spanish—I was very much irritated at the time; I covered him with my revolver—he took out his knife with his right hand, took a few steps, and threw it over; I was afraid he was going to use it—T asked Evans if he had struck the prisoner, and he said he had—as far as I knew, they had
been on good terms before this—I saw the wound on his chest again; it did not appear worse, but afterwards a great amount of blood came from him, and laid in a pool in his bed; I am afraid that wound was deeper than I thought—the wound on the hip grew together; the knife in his hand might have inflicted the wound—I think it must have been a wilful stab it was a very deep wound—I did not have any conversation with the prisoner through an interpreter; I told him the man was dead, and he cried all but two of the men were foreigners; they spoke Spanish; they joined at La Plata—I had not had them on board before—the Queensland was a British ship.
HENRY MOORE (Police Inspector, New Scotland Yard). On November 8th I took the prisoner into custody; I had an interpreter, and I told the prisoner through him that he would be charged with causing the death of Evans—he refused to say anything—at Deptford he was formally charged—he said nothing; he seemed very much upset, crying and pleading for mercy—I received these pieces of iron when the ship was in dock.
GUILTY Under great provocation. Recommended to Mercy.— .— Discharged on his own Recognizances, the Chilian authorities undertaking to send him back to his own country at once.
MESSRS. BODKIN and E. PERGIVAL CLARKE Prosecuted, and MR. PURCELL.
CLARA NASH . I am the wife of George Nash, of 24, Caledonian Crescent—the two prisoners lodged with me—Zucchi came first—he gave his, name as Nossi—he took a bedroom for himself and friend—he gave his friend's name, but I can't recollect it—they each had another name; one was Andrew—I suppose they were Christian names—Roscone, I think, was the friend's name—they remained with me till October 24th—they slept together, and used to come down to meals—I could not tell whatwork they did when they went out; Zucchi used to make flowers—on Tuesday, November 24th, Raymond went out first after breakfast, between ten and eleven—Zucchi went out nearer twelve—later, about twelve, Raymond came back—he came in at the outer door—I told him a gentleman came to see him, and I told him you were not in—he ran upstairs and went to him, and that was the last time I saw him till I saw him at the Court—he owed me £6 for food and everything, and Zucchi owed me a little over £1.
Cross-examined by Raymond. You told me that you would not be quick enough to make the flowers if you got an order, unless you had someone to sell them—when you came in at five you did not remain indoors a second; you went straight upstairs, and then ran out—I did not notice that you were troubled—you asked me for a description of the person that called, and I told you, "An English gentleman."
Cross-examined by MR. PURCELL. Zucchi told me that he was making
artificial flowers—he said he received money from his mother at Milan, and had a postcard from Milan this morning to say that she was sending some sweets for the children—Zucchi gave money to Raymond from time to time, and he paid me; I believe he tried to get work.
THOMAS HENRY GUERRIN . I am an expert in handwriting, and a translator, at 59, Holborn Viaduct—I have had submitted to me these three letters, marked 1, 2 and 3. (Read: "The Wonderland Company,. Buenos Ayres, October 25th, 1896. M. Pierre Raymond, London. Bear Sir,—I am in receipt of your much esteemed favour of the 20th., and have now the pleasure to enclose $400 Argentine pesos in full of all demands. I remain, gentlemen, your most obedient servant, yours truly, pp. the Wonderland and Co.—LOUIS OSTWALD.") The second letter is dated "October 19th, Buenos Ayres "(Calle General Lavalle, 11-27, "My dear Hermann)". (This letter commenced in affectionate terms, expressing hopes of soon meeting again, and contained these expressions; "I can promise you that the resemblance is most perfect, so much so as to compel the bank to withdraw that issue, because the bank itself cannot distinguish them "; "In a city like London the disposal is very easy; your attention must be paid to one thing alone—effect the exchange on the same day, and at eight different places," etc. Letter 3, dated October 30th, contained instructions to the like effect, and urged him, if successful, to join the writer immediately.) I was at Bow Street on December 2nd, the day the case was concluded—Zucchi began to make a statement to the Magistrate in answer to the usual caution, and he added, "If I had known the note was a false one, why should I have gone to a place where I was well known?"—I have examined the handwriting of all the three letters, and I say, undoubtedly, they are all written by one person—I have made translations of the second and third.
ALEXANDER KERR . I am a constable of the Metropolitan Police, special branch—on November 24th, about half-past twelve, I was on duty in the Strand, and saw the two prisoners together, close to Somerset House—they were walking towards Charing Cross—I followed them to the corner of King William Street, about 150 yards from Mr. Hand's office, 16, Strand—they parted; Raymond went up King William Street, as if to Mr. Hand's office, which he entered—I followed him, and remained outside—I saw a constable called in subsequently—I saw Mr. Hands, and in consequence of what he said I went to his office, and seized Zucchi—I said to him, "I am a police officer, and you will be detained at Scotland Yard pending inquiries"—he said, "Well, if the note is a bad one, it has nothing to do with me; I got it from my friend Raymond on leaving him at Ludgate Hill, about three hours ago"—he was taken to Scotland Yard—I left him there, and went to Caledonian Crescent about half-past five—I saw Raymond, and said, "Your friend Zucchi is detained at Scotland Yard for being in possession of foreign forged notes; you will have to accompany me there"—he said, "Yes, I gave it to him this morning at the General Post Office, Cheapside"—I then conveyed him to Scotland Yard.
Cross-examined by Raymond. The questions you asked me at the Police-office were written down—I was standing at the corner of Caledonian Crescent when you came home that night; when you came to the corner I spoke to you—I asked you at Scotland Yard how you came by the injury
to your arm—you said, "That was some time ago, when I met with an accident"—I said, "I knew you before"—when I saw you in the Strand with Zucchi I was perhaps twenty yards from you—I met you promiscuously; I did not watch for you; I called a cab, and drove you to Scotland Yard.
Cross-examined by MR. PURCELL. I spoke to Zucchi in English—I did not ask him where he got the note from; he said immediately, "I got it from my friend, Raymond"—he spoke English fairly; I could understand him; he spoke it somewhat with difficulty—I had been informed that Argentine notes had been forged and circulated—I had known Zucchi before that day in respect of political matters, quite independent of what he is now in custody for—I knew of two addresses that he had; I had known him for about eighteen months—I did not know that he was receiving an allowance from his mother; I had heard so—it was known at Scotland Yard that he was supported by his mother, the widow of a medical man.
Re-examined. It was in London that I knew him fur eighteen months—he knew his way about London.
PHINEAS HANDS . I am a money-changer at 16, Strand—on October 24th, between twelve and one, Zucchi came to my office and tendered this note at my desk—I looked at it, and said I did not believe it was all right, and I thought I would ask him kindly to walk to Scotland Yard to see the inspector about it—I called a policeman, Mr. Kerr, from outside—Zucchi said he did nut like going through the streets with a policeman; he was perfectly willing to go with him, and they left together—I had never seen any Argentine notes of this issue; I don't know that they are in circulation yet—this purports to be one of January 1st, 1895, No. A 00007358.
Cross-examined by MR. PURCELL. I had not seen Zucchi before, to my knowledge—I frequently change Italian notes—if he has said that he had been before twice a month, I would not contradict it; he may have been; I have only myself and manager.
CHARLES RICHARDS (Inspector, Scotland Yard). On Tuesday, November 24th, I was there on duty when Zucchi was brought in by Mr. Kerr, who gave me this fifty-dollar note—I showed it to Zucchi, and said, "It is alleged that you took this note to Mr. Hands, the money-changer at Charing Cross, and asked him to change it"—he said, "Yes"—I said, "Mr. Hands says it is a forgery; where did you get it from?"—he replied, "My friend, Mr. Raymond, who lives with me, owes me some money, and he gave it to me in payment"—I said, "Where did you see him this morning?"—he said, "At Ludgate Circus"—I said, "What time did you leave him?"—he said, "Two or three hours before I went to the shop"—later on in the evening Raymond was brought to Scotland Yard by Kerr—I said, "Raymond, have you a pocketbook with you?—he said, "Yes"—he took it from his pocket and handed it to me—I said, "Have you any Argentine bank notes?"—he said, "Yes," and handed me seven—I said, "You know Zucchi is detained for trying to pass one of these notes?—he said, "Yes, I gave him the note"—I said, "Where did you get them?"—he said, "From a friend of mine, Ostwald; I received them in this registered letter yesterday"—he then handed me the letter and the envelope produced; the envelope and the first letter is in English—he went
on to say, "Ostwald used to be in business with me at the Ostend Exhibition, and when we parted he owed me some money, and sent me these notes in payment; if there is anything wrong with the notes, I know nothing of it; and Zucchi is quite innocent"—I said, "Where did you leave Zucchi this morning?—he said, "We went to the Zoo together, and I left him as we came out at the door; it might be about 11.30, or a little later"—Raymond had no money on him; Zucchi had sevenpence, and they both gave the same address, Caledonian Crescent—I found on Raymond these two letters, 2 and 3, and seven other letters.
Cross-examined by Raymond. I don't think they are in your hand-writing—you did not ask me if it was possible to wire to Buenos Ayres—I told you that inquiries would be made, and next day I told you the inquiry was not completed—you told me that you were living under a false name at your lodgings.
CHARLES JAMES WALLACE . I am a director of Bradbury, Wilkinson and Co., printers—for some time past, and up to January, 1895, we had the contract for printing for the Argentine Government notes put in circulation up to that date—in 1894 the contract was given to the South American Company, at Buenos Ayres, to print as from 1895—I have here three genuine Argentine bank notes—the printing of the alleged forged notes is badly done; the figures used in the numbers differ from those used in the numbers of the genuine notes; 1,4 and 5 are different—the printed signature of Dr. Erico differs also from that on the genuine notes—the serial numbers should be consecutive; no two or more genuine notes ever bear the same number—the inverted "B" is used in all Argentine notes to show the termination of the number—I should say that these notes are distinctly not genuine.
STEPHEN WALTER MARCHANT . I am a director of T. H. Saunders and Co., bank-note paper makers, of Purfleet Wharf—by contract between us and the South American Government at Buenos Ayres, we supply bank-note paper for the higher value of notes, 50 dollars and upwards—paper of our manufacture is water-marked with the words "Republics Argentino Cinquenta pesos" on each note—I cannot detect any such water-mark on these notes; I should if the notes were genuine—I have nothing to do with the printing, and had not seen printed notes till I was shown some by Richards—the paper on which these notes are printed was not manufactured by us for that issue.
Zucchi, in his statement before the Magistrate, stated, that he received the note from Raymond, in good faith; that he had seen Raymond receive it in a letter, and that he had previously seen him with notes.
Raymond, in his defence, stated that a friend who owed him money, and had previously sent him money on account, sent him the notes; that he did not know they were forgeries, and that he gave one to Zucchi to change.
ZUCCHI— NOT GUILTY .
RAYMOND— GUILTY .— Three Years' Penal Servitude.
NEW COURT.—Wednesday, December 16th, 1896.
Before Mr. Recorder.
MR. BEARD Prosecuted, MR. RANDOLPH appeared for Solomon, and
MR. ROOTH for Oscar.
FREDERICK TURNER . I am carman to James Harris, of Artillery Lane—on October 19th I went with two delivery vans to Fresh Wharf for fifty half-boxes of Valencia's and forty boxes of almonds—I received them in the van; I did not notice how they were marked—my mate and I then went into a public-house to have a drink, and when we came out five minutes afterwards everything was gone—I communicated with my employer.
CLEMENT SHEPHERD (City Detective.) On October 19th I went to Arbour Square Station with Turner—I showed him a horse and cart which I had found nearly a mile from where it was lost—it was empty when I found it.
MR. AARON. On October 19th I was traveller and warehouseman in Mr. Morgan's employ—a loaded van came there that day; the carman got down, went into the place, and spoke to Solomon Magnus; he then unloaded the van, and carried the things through to the basement—Oscar Magnus told me to help him, and I did so—Oscar Magnus, who was sitting in the basement, gave the carman some beer-money, and he drove away—Oscar Magnus then opened some of the boxes, and handed me a scraper, and told me to scrape the marks off the boxes; I did so to them all—next morning Solomon Magnus said to me, "Come down in the cellar with me, and hold these sacks up"—he commenced opening the boxes of almonds and raisins, while I held the sacks up—he then went upstairs with me, and the sacks were put in the long shop at the back, upstairs—while I was in the basement he told me to put ten boxes of almonds in the rear of the cellar, and cover them up with sacks, and to break up the boxes which had been emptied into the sack—I did so—this kind of box is not generally returned—they send them out—I have broken up boxes before—I was told to bring up ten boxes with the aid of Dick and Philip, and put them into Magnus's little van per carman—Dick then drove away, and returned two or three hours later with eight boxes of almonds, which they carried into the shop—I went to Seething Lane Station, and saw four empty almond boxes, five boxes of raisins, and other articles.
Cross-examined by MR. RANDOLPH. John Harris is a contractor; Solomon Magnus is the Al Tea and Coffee Company; he never had so many almonds before while I was there; he deals in almonds, but does not have them in sacks—I had only been there three weeks then, but I was there four years, off and on—I remember going to a man named Gillingskie on the Monday before Lord Mayor's day; I took with me three cases of sugar; Solomon Magnus came on the scene and said, "What are you doing here with the van?"—that was eleven or 11.30 p.m.—he said, "You have no right to be delivering sugar to Gillingskie; have you got an order?" I said, "Yes "—I was charged at Worship Street with stealing it, but I was discharged—I did not leave the Court very indignant, but I felt revengeful with Magnus—I did not say that I would be revenged
on him—I first gave evidence at the Mansion House on November 13th—none of the almonds I put in the sack were sold, to my knowledge.
Cross-examined by MR. ROOTH. Mr. Oscar paid my wages on Sunday nights direct to me in silver; he was the manager, and I looked to him as my employer—I was away eighteen months or two years—when the van arrived I was in the warehouse, and could see it come—I was not asked to go outside—I saw the carman go in and have a conversation with Solomon; they were together alone—after that I received the order to carry the things down, and he stacked them in the ordinary way—he was not below; he may have been in the office—he was not there the following day.
By the COURT. The sole part Oscar took was that he told me to help the carman to stack the boxes, and when I was down there he told me to stack them.
ISAAC LADD . I am a grocer, of Cable Street East—I know both prisoners—at the beginning of October I gave Solomon an order, for some boxes of almonds and raisins, on a sample which he sent me—on October 20th I received forty boxes of valencias, and this account with them—I saw him next morning, and asked him why he had sent me forty boxes, when I had ordered twenty only—he said that he would take them back, and a week following he sent for ten only—I paid for twenty, and this is my cheque (produced.) dated the day after the day they were delivered—Sergeant Or ouch afterwards came and took the boxes away.
Cross-examined by MR. RANDOLPH. The goods were up to the sample—it was an ordinary business transaction, and I paid the full market price—I never got a double quantity before, but he said that he had made a mistake.
Cross-examined by MR. ROOTH. I am dealing with Solomon Magnus; my cheque was payable to him, and is endorsed by him—I have known him as a large wholesale merchant—I did not notice any marks on the boxes.
PHILIP GOLDSTEIN . I am a grocer, of Little Colston Street—I was a customer of Solomon Magnus—I bought fifty-six pounds of almonds of him, in two boxes—this is the invoice—I did not notice any marks on them—this is the lid of one of the two boxes I bought (Produce.)
Cross-examined by MR. RANDOLPH. The detective brought it—I am sure this is one of the lids—this was a transaction in the ordinary way of business, and I paid the full price—I have known him some time, and always found him honourable.
Cross-examined by MR. BOOTH. It was Solomon I did the busmese with, and he also came for the money.
JOHN HARRIS . I am a licensed carman, of 5 Artillery Lane—on October 17th I received these two orders from Mr. Baker; they were delivered to the carman on that day, and finished on the 19th—I received a communication, went to Arbour Square, and my horse and van were found; they were worth £25.
Cross-examined by MR. RANDOLPH. The goods were worth £44 14s. 10d.
Cross-examined by MR. ROOTH. I did most of my work for Oscar—I afterwards worked for Solomon.
said, "Yes"—I said to Oscar, "Is your name Oscar Magnus?"—he said, "No"—I said, "I want to see him"—we went to the rear of the shop, and he said, "That is my name, Oscar"—I said, "You will be charged together with stealing, on Oct. 19th, a horse, van, and a quantity of raisins, and with stealing and receiving twenty boxes of sultanas and two boxes of almonds"—they said that they did not understand it—I said, "I have seen a quantity of raisins in the possession of Mr. Grant, of Cable Street East, which have been recognised as from Fresh Wharf"—they said that they did not understand it—I searched the premises, and in the basement found three boxes of almonds, one box of raisins, and some little empty raisin boxes—they were taken to the station and charged—the name and marks have been erased from the boxes, and the same with the almonds—this is a portion of the lid of one of the boxes, and these packages are the same; all the marks have been taken out—I found four on Friday and one next day on Magnus's premises—the basement contained a great number of broken boxes similar to the raisin boxes, and the marks on those had all been erased also—Mr. Goldstein handed me this lid, the mark on which has been erased—Aaron has seen the boxes, and identified them as those which he had written on—they were taken to the station and charged; they made no reply.
Cross-examined by MR. RANDOLPH. I have brought four here—I say that some of the pieces which were among the rubbish in the basement had been scraped—I did not tell the Magistrate that; I was not asked—I knew that that was an important fact—I was called twice at the Police Court—they have a pretty good turn-over.
By the COURT. Solomon gave no explanation where he got the boxes.
Cross-examined by MR. RANDOLPH. I send out thousands of these boxes, and it is my duty to mark each; if it is ten I put "1," and if twenty I put "2"—I do not know how these were marked; it has been scratched out.
EDWARD BEIMON . I am superintendent to John Mill and Co., of Fresh Wharf—I forwarded two orders from Baker to Mr. Harris; they were cleared by two carmen, Turner and Lyon—I was not present—some almonds and raisins and empty boxes were shown to me, and I identified them—I identified thirty-eight boxes of raisins as part of the load—the consignment mark has been erased, but there is my mark on them—I identify this box-lid and box as part of the load by what is on them.
Cross-examined by MR. RANDOLPH. We get thousands of boxes; we had seventy; Mie vessel might contain 1,200 or 1,500 boxes, but not all the same consignment—there is a different mark to each consignment—I agree that several boxes of almonds and raisin have been lost since their arrival.
ROBERT TYSON (Detective H). On June 15th Charles Benjamin and Joseph Flack were charged with stealing sugar—Oscar Magnus signed the charge-sheet—I was present, and heard him make the charge—the charge-sheet is at Scotland Yard.
Cross-examined by MR. ROOTH. He did not tell me that hip brother
was away in Holland, and that the office was in his charge—he speaks English very well—he is a Jew—the inspector asked to whom the property belonged, and he said that it was his—the inspector took the charge right through—I have not been spoken to by them since Jane till, yesterday—this copy of the charge has not been supplied from Scotland Yard, but by the inspector.
Re-examined. Oscar claimed the property at the station; the indictment was made out in his name.
DANIEL FASCAR . I am in the employ of Joseph Travers and Co.—on February 2nd this year I obtained a receiving order in bankruptcy against Oscar Magnus, and he is an un discharged bankrupt, and unable to trade in his own name.
Cross-examined by MR. BOOTH. The order of Court would prevent him trading at all.
J. CROUCH (Re-examined by MR. RANDOLPH). When I took Solomon Magnus he searched for and found some invoices for almonds and raisins, which he showed me; they were kept untidily; his place was very untidy.
The prisoners received good characters.
GUILTY of Receiving.
85. SOLOMON MAGNUS and OSCAR MAGNUS were again indicted, with JOHN SYDNEY (43) , for stealing twenty boxes of sultanas of JOHN KNILL , the master of Sydney. Second Count—For stealing boxes of sultanas.
OSCAR and SOLOMON MAGNUS PLEADED GUILTY .
MR. BEARD Prosecuted, and MR. MUIR Defended Sydney.
ROBERT PHILLIPS . I live at 20, New Tyson Street, Bethnal Green, and am carman to Pickford and Co.—on October 19th I had instructions to go to Fresh Wharf for goods, and saw the prisoner Svdney, the delivery foreman—besides the goods I called for I received twenty boxer of sultanas, which I had no delivery note for and no receipt—he said, "Take these twenty boxes, and deliver them to Magnus, as the carrier has lodged an order, and he could not wait"—I told him that we should collect any goods, and take them to the White Swan Yard to our depot, and our clerk, Mr. Pinket, made a note of it on October 22nd—I received two half-boxes a few days afterwards, but I do not know the date—I did not hand any delivery order for them; Sydney asked me to take them and deliver them; I had no receipt for them; I took them to White Swan Yard, and never saw them again.
Cross-examined. I do not know either of the Magnus's at all—I have not delivered goods at their place—I have taken goods from Fresh Wharf before, and sent them to the Magnus's—I do not go past their plane—the middle of this year was the first time I had orders, and sent goods to Magnus—I did not take any from Fresh Wharf to the depot, last year to be booked to Magnus—the two seasons were twenty-eight months—my first season was the beginning of last year—I go there twice a day all the year—I know Frank Day—I never told him that if he would let me have some stuff I knew where to dispose of it—Sydney helped to load the van twice out of three times—he has four or five men, and sometimes fifteen, under him—he has a desk—the man did not see him give me the raisins, because the man was taking
down the stock, and handed it to my tailboard—I cannot point to any man who heard him tell me to take them to Magnus—I once got some goods on the van by mistake, and brought them back from our yard—October is a busy season at this wharf—I was arrested on this charge, and told the prosecutor that I knew nothing about it—I was kept in custody—I did not cross-examine the witnesses at Seething Lane—I said I had been there two seasons, and was asked to take the goods, and I took them, and knew nothing about them—I said I did not know there was any transaction between the Magnus's and Sydney—the Magnus's were charged with me—I first mentioned Sydney's name at Seething Lane—my goods yard is ten minutes or a quarter of an hour's walk from Seething Lane—Sydney and the Magnus's were both in, and we were all charged together—Mr. Beerman only said, "Speak the truth"—I said, "Sydney says that the carrier Jodged the order, and asked me to take them"—that was the first time I mentioned Sydney's name—Sydney delivered the goods to me on the ground floor; the other goods came down on slings that day, but his did not—I received no other goods that day without a delivery order—I have not asked Frank Day on several occasions to get me some stuff—he would not know my private house; he was employed at the wharf—I was charged in the evening, and went before the Lord Mayor next morning, and let out on my own recognizances the first time—I came up and surrendered, and was discharged at the prosecutor's request—the transaction of the twenty boxes with Sydney was on Saturday, between nine and ten p.m.—that is not always the busiest time—I delivered the two boxes in the morning; I do not remember the day of the week—Sydney's wife said, "Somebody is speaking false"—I said, "All I know of it is, I collected the goods"—I did not say, "I scarcely knew what I was saying"; I said, "Sydney" on the spur of the moment, and "Next week I will clear him"; we had not time to talk the words; she was coming up the steps when she spoke to me—I wish to speak about Mr. Day; he came to me at Fresh Wharf, and said that he had previously taken goods away, and that he and Sydney were very thick.
Re-examined. I have been six years in Messrs. Pickford's employ—this conversation with Day took place outside the wharf; I was going to have a drink; he said that he was out of employment—I said, "Will you have a glass?"—he said, "Yes," and then he told me he had carried a bundle of anchovies away, and the people at the wharf were silly—Mrs. Sydney spoke to me on the steps of the Mansion House on the day of the remand—I was called as a witness—Sydney was represented by Counsel, Mr. Morris, on the remand—I was not cross-examined by him—this is the first time I have heard this suggested conversation—I have never taken goods from Fresh Wharf, except from an official—Sydney was the foreman, and he delivered them to me; he did not shout out.
JOSEPH PINKET . I am booking clerk to Pickford and Company, Whitechapel—I produce Phillips' delivery sheet of October 19th for twenty boxes of sultanas and two and a-half boxes of raisins to be taken to Magnus.
Cross-examined. I have had about a dozen transactions of that kind.
Co., of Fresh Wharf—Sydney was my foreman on the first floor and basement—in consequence of something which came to my knowledge early in November I searched the register and missed twenty boxes of sultanas and two boxes and a-half of raisins—I could not find any delivery note for them, or any carman's receipt—they should always take a delivery note—I did not speak to Sydney, but gave information to the police—the goods should have gone out of the basement, that is his floor.
Cross-examined. I have known Sydney sixteen or seventeen years, first as a temporary clerk, and afterwards for twelve or thirteen years; we had constantly employed him at the British and Foreign Steam Wharf, and afterwards at the General Steam Navigation Company—he left to come to us at our request—his character is good—if any goods were missing he would be responsible—he had six or seven men under him, sometimes more—he would have a sub-foreman under him, and a sub-gang when there was pressure—there was pressure at this time, and it was greatest on Saturday nights—Sydney had a desk on his floor—there is a half floor, so that he had three floors under him—when goods are brought in they are verified, and then sent on—it is possible that the goods in this order might be on three floors; one order may have three or four consignments in it, and Sydney could not be on all three floors—goods might be brought up from three floors at the same time—the breaker out gets the goods, and takes them to the gang, who loads the van, and the foreman supervises the whole business—it is possible for a man to hand out goods without the foreman knowing that such a thing has passed.
The RECORDER inquired whether there was evidence to corroborate Phillips. MR. BEARD stated that there was not, and that he could not go further with the case.
NOT GUILTY .
SOLOMON MAGNUS— Three Years' Penal Servitude. OSCAR MAGNUS— Four Years' Penal Servitude.
OLD COURT.—Thursday, December 11th, 1896.
Before Mr. Justice Lawrance.
86. CHARLES HENSON STANNILAND (60) PLEADED GUILTY to unlawfully obtaining 2s. 6d. from Thomas Seabrook, and 1s. 6d. and 4s. 6d. from Alfred Thomas Lee by false pretences.— Fined £10, or One Months' Imprisonment.
NEW COURT.—Thursday, December 17th 1896.
Before Mr. Recorder.
MR. BIRON Prosecuted.
WYATT DIGBY . I practise at 5 and 6, Clement's Inn—the prisoner was formerly a partner in the firm of Turner and Heale, dealers in printer's materials, in Farringdon Road—I had dealings with him, and know his
writing—he left the partnership prior to January, this year—I was then in John Street, Bedford Row—he came there to see me about an agreement between him and his wife about some bills of exchange—at the first interview he said he could obtain or had got good trade bills which he wanted discounted; I understood him to say that he obtained them in the course of business—I said that I would see if I could find some client who would discount them—he brought these two bills (Produced,) a day or two afterwards, for £22 6s. 9d, and £23 13s. 7d. (One of these was signed "G. Joseph," and accepted by Hart, Barnard and Co., and the other by Theophite Regan.) The signature "Joseph," and the making of the note on the face of the bill, and the endorsement are the prisoner's writing, I have no doubt—he said that the endorser was a substantial firm in the printing trade—the acceptance, in my opinion, in each case, is the prisoner's writing, and the body of each bill is certainly his—I said that I would see if I could get them discounted, and Mr. Pocock advanced £19 by three cheques, two of which I gave to Joseph, and one I got cashed and gave him the cash and the two cheques—one of them has been paid, and the other is cancelled, but payment has been made to the holder of it—I think I wired to the bank to stop payment, but it was too late—on January 13th the bill purporting to be accepted by Hart, Barnard and Co. became due; I presented it at the National Provincial Bank of England, and received it back, marked "No account"—he did not come to see me, and, in consequence, he was arrested and taken to Clerkenwell Police Court, and the case was remanded to January 22nd—I had communicated with the various people who had purported to draw these bills—during the remand the prisoner's wife came to me and made a proposition, and handed me £9 and one of the cheques which had not been negotiated—I said, "I can enter into no negotiations with you; if you like to pay the money do so"—I instructed Counsel—Mr. Pocock was the only prosecutor, and the Counsel laid the facts before the Magistrate, and asked him to allow the charge to be withdrawn—I gave more information to the police, and left them to take the matter up.
Cross-examined by the Prisoner. You gave me these bills a day or two before January 4th, and on January 4th I gave you a cheque—you very likely came to me on the Monday, and told me you wanted £16 by Wednesday—I gave you one cheque first, and that was after banking hours—you sent me this telegram next morning: "Do not present bills; I have cheques," and you wrote me a letter, which I received on Monday, saying that you would call on Monday with the cheques—I do not know that you called in the afternoon, and put a card in my box—I have seen you about the streets since February.
By the COURT. The prisoner was discharged, and the papers laid before the Treasury.
THOMAS POCOCK . I am a surveyor, of 64, Cannon Street—I gave Mr. Digby three cheques for £19 altogether on some bills—these (produced) are two of them—in consequence of information I stopped the cheques, but some of them had already been dealt with—I had to take two of them up—one had been paid by in bank—I heard of Joseph's arrest; I did not give instructions for it; I left the matter in the hands of my solicitor, and received back £6 10s. and £9; I lost £4.
20, Blandford Street—I do not know the prisoner, but some years ago I had dealings with Turner and Heale—this signature is not the acceptance of my firm; I know nothing about it—I do not bank at the Baker Street branch of the National Provincial Bank.
Cross-examined. I declined to prosecute because I had lost no money by it.
THEOPHILUS CREBER . I carry on business at 60, Union Street, Plymouth—some years ago I had business with Turner and Heale—this acceptance is not my writing, or signed by my authority—I never saw Joseph in my life till I was at the Police Court.
RICHARD JACKSON . I am one of the firm of Ford, Shipton and Co, of Lincoln's Inn Fields—some years ago I had dealings with Turner and Heale—the acceptance to this bill for £39 Os. 6d. is not my writing, or made with my authority or knowledge.
W. DIGBY (Re-examined.) I received this bill of exchange also from Jackson on, I believe, January 7th—it is accepted by Ford, Chappie and Jackson.
THOMAS HENRY GURRIN . I have been an expert in handwriting for some years; I have compared the signature "Joseph" on the face of these bills with the writing of the various acceptances—the first is December 10th; I have marked them 1, 2 and 3—I have compared the acceptances "Hart, Barnard and Co." with the signature "Joseph," and I believe it is in the same writing—all three acceptances are disguised.
By the, COURT. Comparing the writing and the body of the acceptance, I find a similarity—the body of the acceptance is in the same writing as the "Joseph"; the whole of the writing of these three bills is in the same hand—I compared the word "Accepted," but taking them in detail, the capital "T" in "The National Bank," the capital "F" on acceptance No. 2, the capital "T" in acceptance No. 1, and another capital "T" in No. 1, are, in my opinion, all in the same hand—the word "London" bears a strong similarity in all three bills—the word "Company" appears in each acceptance, and I point to the strong similarity in each case.
By MR. BIRON. The capital "B" in bank in No. 1, and in Baker in No. 2, and in "Bolitho" in No. 3 are alike, and there is a similarity in the whole of the word "Bank" in Nos. 1 and 2—the word "Limited" appears in Nos. 1 and 2, and another instance of similarity is the small "a" in the word "payable" in Nos. 1 and 2; that is a striking peculiarity—those are some of the principal characteristics which lead me to believe that the three are written by the same person—as to whether the hand which wrote the signature to the bill wrote the acceptance, I point to a likeness in the "y" in "payable" in No. 1, and the "y" in "January," and in "my" in the bill, and the "n" in "National" and in "six-pence" and in "month" in No. 3—I also notice similarities in the small letters "p," "h," "g," "d" and "v," and in my opinion the whole were written by the same person—I am consulted by the Treasury, the Post Office, and other departments, and by the Bank of England; I We given evidence for nearly thirteen years—it is strong evidence, because I find similarity in so many instances in letters which have striking peculiarities—there would have been nothing in finding one or two similarities, but when you come to a large number it is different.
ARTHUR WALTERS (Detective Sergeant E.) I arrested the prisoner originally on January 14th, and told him he would be charged with forging and uttering two bills with intent to defraud—he was discharged on January 23rd, and on February 24th I received instructions to look for him, but could not find him till November—he said nothing to the charge—I went to his last place of abode; he had removed from there.
Cross-examined. I went there six or seven times—I did not know that you were in Holloway at the time—I have not been there since August—that is not five minutes from Holloway Road.
By the COURT. His wife was not there when I went in February; the family had removed and left no address
Prisoner's Defence: These bills were given to Mr. Digby on January 7th. I asked for the money for Wednesday, but was put off till Friday, three days before the bills came due. They were not given to me till after banking hours on Friday. I told him not to do anything, and I would give him the money back. I only used one of the cheques; the cheque for £6 was given back by my wife. It is not feasible that I should take these three cheques for £23. When the case came before the Magistrate, Mr. Digby gave no explanation; he simply gave no evidence; he has seen me in the City.
—Recommended to mercy by the Prosecutor, believing that he acted under great pressure, and intended to take the bills up.— Discharged on his own Recognizances.
88. JAMES YOUNG (41), JOHN CHRISTY (40), THOMAS LESTER(35), and THOMAS THOMPSON (29) PLEADED GUILTY to breaking and entering the shop of Alfred Frank Penniket, and stealing 192 pairs of boots, his property, having all been before convicted; Young at Clerkenwell on November 19th, 1888; Christy at Clerkenwell, on May 5th, 1889; Lester at this Court, on February 8th, 1892; Thompson at Clerkenwell, in December, 1892. (Several other convictions were proved against them, and Young, Lester, and Christy were still under ticket-of-leave. YOUNG— Seven Years' Penal Servitude.
CHRISTY— Six Years' Penal Servitude. LESTER— Five Years' Penal Servitude. THOMPSON— Four Years' Penal Servitude.
MR. HILL Prosecuted.
HENRY CHARLES GODFREY . I am superintendent of the District Messenger Office, Wormwood Street—on December 17th a boy named Clark made a communication to me, and this cheque (Produced) was handed to me.
FREDERICK CLARK . I live at Westbury Road, Barking, and was a porter to the District Messenger Company—I went with this cheque for £3 (Produced) to the second bank in Victoria Street, and cashed it—as I was returning the prisoner came behind me, tapped me on my shoulder, and asked if I was the boy who had come from the bank with £3—I said, "Yes"—he said, "Give me the money"—I did not give it to him at once, and he said, "If you don't give it me I will have you summonsed "
—I gave it to him, and he said, "Bun back to Mr. Baker's" and I did so—I gave a description of him to Sergeant Murphy at the station—I afterwards saw the prisoner among others, and picked him out—he said nothing; he did not deny it.
Cross-examined by the Prisoner. You had an overcoat on, and a lady's low hat—you spoke sharply and quickly, and it was the same Voice.
CHARLES BRYAN (City Detective Sergeant.) I was present when the prisoner was placed with ten others; he selected his position, and the boy went up immediately, without passing him, and said, "That is the man."
Cross-examined. Each officer brought his own man to the bottom of the stairs—each officer brought the boy. in his particular case, but did not go into the room.
JOHN O'HAWAY (Detective Sergeant, City.) On November 23rd I saw the prisoner in Clerkenwell with a number of other men, and immediately recognised him as a man I was looking for; he saw me coming, and ran away—I caught him in Goswell Street, and said that it was for robbing several boys in different parts of London; he made no reply—he was charged at Seething Lane with loitering and speaking to boys; he made no reply—I had no description of the man who robbed the boy, but I had watched him from October 1st speaking to boys who came out of banks.
Cross-examined. Fifteen boys came, to identify you—one of the other men stopped the boys, while you watched the bank—I do not know that you are the brother of a man who was convicted, and I do not know now that you have a brother; I did not say so at Seething Lane.
Witness for the Defence.
Cross-examined. I have a husband living; he is in prison, and so is my son, the prisoner's brother, for loitering about banks—the prisoner was always at work; there is no one here to say that he has ever done any honest work.
GUILTY .— Twelve Months' Hard Labour.
JOSEPH HILLIARD MOORE . I am a physician, of 5, Bernard's Place, Bloomsbury Square—on September 7th, about 6.45, I was in St. Martin's Lane—the prisoner approached me, and I felt my watch-chain against my dress, and I was kicked below my knee—the prisoner ran away, and I followed him through Long Acre—a number of others joined in the chase—I followed him two or three streets, and became exhausted, and gave up the chase—a policeman asked me to describe the man; I did so, having seen his face under the light, and stated the colour of his hair—I was then asked to go in, and picked the prisoner out from seven or eight others—I have felt much pain from the kick, the skin was knocked off', and it is still sore—part of my watch-chain was left, and my watch was saved—I am quite certain the prisoner is the man—I am accustomed to study faces; there was something in his countenance which impressed me; he was looking up into my face.
Cross-examined by the Prisoner. I did not see who kicked me, but
there was no one near enough to do it but you—I think the object of the kick was to attract my attention from my chain.
ALFRED ABRAHAMS . I live in Wellington Street—on the night of December 7th I was in Long Acre, and saw the prosecutor—I heard him call out and saw the prisoner standing by his side; he was rubbing his leg—the prisoner ran away; I ran after him down several streets—I did not see him caught, but I saw his face looking up into the prosecutor's face; he is the same man—I saw no one else running after him; I lost him at the bottom of the hill—I gave a description of him, and went to the station and identified him.
ARTHUR PHILLIPS . I live in White Lion Street, and am an errand boy—on the night of December 7th I saw the prisoner running, and Mr. Abrahams after him—I touched the prisoner on his arm as be went by; I followed him through a court and Little White Lion Street, and then he and another man had a fight—a lot of children were running after him—he went up Mill Street, and got on a 'bus in Charing Cross Road; and when he had got up six steps he got down and got on another 'bus, and got down and went into a lavatory—I paw two constables take him; I followed to Bow Street—he never got out of my sight—the prisoner is the man.
THOMAS O'CONNNOR (Police Sergeant, 3 C.) On September 7th I was in Cambridge Terrace, saw a crowd, and was told that a man had been fighting, and was in the lavatory; I entered it, and saw the prisoner at the bottom of the stairs—I said, "What is the matter with you?"—he said, "Nothing, governor; I have been fighting, and am followed by the crowd"—I said, "I shall take you for stealing a watch"—I took him to the station, and noticed that he had altered the shape of his hat; I put it back again, placed him with others, and he was identified—when the charge was read, he said to the prosecutor, "Did I assault you?"—the prosecutor made no reply—I found 1s. and some tobacco on him.
The prisoner produced a written defence, stating that he was liberated on licence on November 2 3rd, and was Cooking for work, and when temptation came in his way he could not resist it, and snatched the prosecutor's chain, but never kicked him.
GUILTY .—He then PLEADED GUILTY to a conviction at Clerkenwell on August 20th, 1894; and four other convictions were proved against him.— Three Years' Penal Servitude.
MR. NATHAN Prosecuted, and MR. HUTTON Defended.
WILFRED TATE . I am chief clerk at Marylebone Police Court—I produce the file of evidence given there on November 27th in "Martin v. Buckingham"—the prisoner was sworn by the officer of the Court, in my presence, on the Gospels—before he was sworn the Magistrate cautioned him as to speaking the truth—I took his evidence down, this is it: "I am the defendant, and am a cab-driver. I came down this day in another ease, and saw Buckingham in Court. I was not turned out; I walked out. I was going away to the Yorkshire Stingo, and met Bucking-ham and his pal, and some of my smoke came in his face. I did not use the language he says I did."
Cross-examined. Buckingham said that the defendant used abusive words to him, and the defendant denied it—I do not remember whether he said that he came in the case to Date; he said that he was interested in some other case—he was not cross-examined—witnesses were called to corroborate as to the language used.
Re examined. I do not think the prisoner was represented legally.
JAMES BUCKINGHAM . I am hackney-carriage driver, 26274, and live at 14, St. Luke's Mews—on November 24th I had business at the Marylebone Police Court, and left about 3.30; Mr. Fullerton, Mr. White, Mr. Dunn, and others were with me—I walked towards Marylebone Road; the prisoner followed me out of Court, and said, "I will gnaw
your b—old windpipe"—I said, "I shall give you in custody"—I had had no quarrel with him, but because I am a carriage-driver I am pestered—there was a woman there, and he put his hand in his pocket, and said. "I will rip the old b—up"—I went to a constable at the door of the Court; he said that he could not leave; I told another constable, and he summoned him—this is the summons (produced) it came off on November 27th, and I gave the evidence I have just given—I called several other witnesses, and then the defendant gave evidence—he was cautioned by the Magistrate, and denied it in to to—he blackguarded me in Court—I called the attention of an officer to it, and asked him to turn him out, and as I left the Court He followed me.
Cross-examined. Dale was not present; he was fined, and had gone out of Court—I did not see him outside, or Burton, nor did I meet them—I do not know whether I saw Mrs. Dale; there were two women—I was not smoking, nor was I smoking afterwards—I did not spit in front of the prisoner, nor did he wipe his face and say that he had a good mind to push it down my throat—the lady said, "He is only an old blackleg; leave him alone"—I never spoke to the lady—from 1867 to 1869 I had no license; I think I was abroad—I had been thirteen years a cab-driver, and have been convicted fourteen times—I was once convicted at Middlesex Sessions for assault, and had six weeks—I was with Gurdon and others, and with Nina or Dunn—they are corroborative witnesses—I had known Dunn some time.
CHARLES ALBERT GURDON . I am a travelling photographer, and have been a bailiff—on November 20th, at 3.30, I saw Buckingham coming out of Court with the prisoner, and saw the prisoner being held by his wife by his shoulders—he said, "You b—f—old b—, I will grog your b—guts out"—Buckingham did not reply, but he went to the Police Court—I was in Court on November 27th, was summoned as a witness when Mr. Buckingham's summons came on, and repeated the words he used, which I have told you to-day—I wrote it down before the Magistrate, who said that it was too filthy to read out, and I repeated it before Mr. Plowden, another Magistrate.
Cross-examined. I wrote it down, and Mr. Plowden told me to repeat it—I was very much shocked—I wrote it down on the 20th; he used those words on November 20th, about 3.15—I was asked to fetch a constable—I know Buckingham as a respectable cabman; I have employed him four or five, times, but he is no friend of mine—I lost my certificate for alleged misconduct; I was convicted at "West London Police Court, and had to pay £6 fine—I was once convicted of wilful damage, and paid £2
fine, and once for assault—when I lost my certificate, the lady recovered £50 10s., but not through me.
JOSEPH DUNN . I am a bailiff; my business is in Edgware Road—I was with Buckingham on November 20th at Marylebone Police Court—I went outside with him, and the prisoner was there—he threatened Buckingham that he had a good mind to rip his guts out, and said something about ripping his windpipe, and he followed him again, and again threatened to rip him up—a woman was holding him, and he said that if she did not let him go to get at Buckingham he would knock her down—I did not give evidence on November 27th.
Cross-examined. I am a friend of Buckingham's—I am a certified bailiff—I have been summoned for a legal offence at a Police Court, but the case was dismissed—I was never fined £10 at a Police Court; I was fined £5 seven years ago—I did not pay the fine; I went to prison—I was not summoned eighteen months ago for an illegal arrest, and fined—I was committed to prison for non-payment in the case of Jackson and Dunn, but I did not go; I paid the money.
Re-examined. It was for a dispute between another bailiff and myself that I was fined the £5.
EDWARD GEORGE FULLERTON . I am cabman 14589, and live at 9, Dorset Street, Marylebone—on November 20th, about three or 3.30, I was in Marylebone Police Court, and left with Buckingham and some others—we walked as far as the baths, and the prisoner came at Buckingham in a very furious manner, and said that he would gnaw his b—guts out, and gnaw his windpipe—I was there when the constable took his address—I gave evidence at the Police Court on Friday, the 27th, and used the same words that I have now—Martin was in the dock—he gave evidence; he said that he had not been ejected from the Court, and the words we used he totally denied.
Cross-examined. I did not give evidence when he was committed for trial—I saw some women—this was outside the Paddington Baths—the prisoner was not smoking; I was—he did not spit—the Yorkshire Stingo was to our left, but we had not decided which way to turn—I had known Buckingham about six weeks—we both drive cabs.
Re-examined. I did not spit.
JAMES MORAN (Police Inspector.) On December 2nd I arrested the prisoner on a warrant for perjury on November 27th, which I read to him—he made no reply—the charge was read to him at the station, and he said, "All right."
Cross-examined. He has been a cab-driver for twenty years.
Witnesses for the Defence.
HENRY DALE . I live at 316, Harrow Road, and am a cabman—on November 20th I was summoned by Mr. Bennett for leaving my cab untended, and sentenced to pay the costs—the prisoner is a friend of mine; he left the Court with me and my wife—I saw Burton in Court—I did not see anything take place with Buckingham inside the Court—Mr. Buckingham was in front, and some one said, "Here is old Bucking-ham;" and presently he said, "Here is old White"—he was turned out, but was allowed to come back when my case was heard.
Buckingham and his wife—Dale said, "There is Buckingham and his wife"—I did not see what took place outside—I saw them go out.
JANE DALE . I am the wife of Henry Dale, of 316, Harrow Road—I was in Court daring the summons between my husband and the prisoner—we left the Court with the prisoner and his wife, and when we got to the baths I saw the prisoner as he was leaving the Court again; he deliberately took his pipe out of his mouth, spat in his face, and wiped his face, and Mr. Fulierton said, "Lock him up; he is just the one I want"—I said, "If he had spat in my face I would have knocked him down"—he took it like a lamb—I said that I would smack his face if he took him before a Magistrate; and he walked away.
By the COURT. I have no doubt he did it deliberately, because of the nasty smile on his face—I did not hear the prisoner call him those names—it was me that spoke, and I took away my child in my perambulator.
Cross-examined. He did not say anything, because I was talking—there has been a good deal of feeling among the cabmen—my husband is a Unionist—I can't say whether there is a little jealousy—I was there because my husband was summoned.
By the COURT. At that time the feeling was strong, calling one another Unionists and blacklegs.
GUILTY.— Judgment Respited.
OLD COURT.—Friday, December 18th, 1896.
Before Mr. Justice Lawrance.
NOT GUILTY .
(For the case of John Brown, tried on this day, tee Surrey Cotes.)
NEW COURT.—Friday, December 18th, 1896.
Before Mr. Recorder.
93. CHRISTINA PACINI (56), EMMA UGOLINI (28), ETTORE PACINI (25), and PAOLO UGOLINI (24) , Conspiring to steal and stealing a quantity of lace, the property of Lewis and Allenby and Peter Robinson and Company, Limited.
MESSRS. GRAIN and LEYCESTER Prosecuted, and MR. METCALFE Defended; and the Evidence was interpreted to the Prisoners.
STEPHEN MERRYFIELD . I am lace buyer to Messrs. Lewis and Allenby, Limited, of Conduit Street and Regent Street—on Friday, November 4th, I saw the two female prisoners go to the lace department—Emma said in French she wanted some real Brussel's lace—a person in the shop interpreted, and I speak French a little—I showed them some lace—nothing I had was long enough—they wanted seven and a-half yards and seven inches wide—I undertook to telegraph to Brussels to ascertain if they could have it within the time, and they promised to call at three o'clock the next day, but did not do so—they left without making any purchases—a few days afterwards I heard something about Peter Robinson's—I then went through my stock—I missed a piece of lace from my stock, numbered
8170, at two guineas a yard, of which I had a rubbing in my book, which I now produce—I have no doubt this is the piece—it was taken into stock in January last, and numbered—it has never been sold—it was originally nine yanls—it was in one of the boxes placed before the prisoners of point de graze lace—the value of the six and a—half yards produced is thirteen guineas.
Cross-examined. The lace was bought from Jeanne Luig and Co., of 34, Rue Fosse-aux-Loups, Brussels—my opinion is, nothing similar has been made—it is exceptional, and known as Du Barry lace—I could not swear no similar pattern has been sold in this country.
By the COURT. The lace has never been used—I expect to find it rolled up much like it is (looking at it)—it bears no trace of having been used.
By MR. METCALFE. It is altered—the beading would be taken off from time to time as it is used—that is not necessarily an indication of its being new—a shopkeeper who wanted to sell it a second time might take the trouble to put the beading on.
JOHN JOSEPH POTCH . I am a salesman at Peter Robinson's, in the boot department—I was on duty there on November 5th, when I saw the female prisoners and Bettor—I spoke to them in English—Ettore said, in English, that he wanted a pair of boots—after buying them he wanted them sent to the Hotel Alexandra—he wrote on the top of this bill, "Countess Marini, Alexandra Hotel, Chambre 123"—"to-night" is my writing, because he said he wanted them by five o'clock specially—the prisoners were with me between 3.30 and four o'clock—they were to be paid for on delivery—he made roe understand he must have them because it was very urgent, so we had to send them by special messenger—I sent them to be there by five o'clock—the messenger brought them back.
Cross-examined. I was first asked about the handwriting at Marlborough Street Police Station—I wrote "Countess" and "Alexandra Hotel"—the prisoner wrote "Marini" and "Chambre No. 123."
JAMES WILSON . I am carriage attendant at the Oxford Street entrance of Messrs. Peter Robinson—between four and 4.30 p.m. on November 5th, I saw the female prisoners come out of the boot department with Ettore I had kept observation about thirty minutes, and had seen Paolo going up and down, and looking in at the boot-shop doors—the three prisoners, with their backs to the windows, turned towards me, when Paolo joined them—they crossed the street towards the other shop, when I lost✗ of them—they went in the direction of the Portland Street door on the right.
THOMAS DUNKKRSON . I am the carriage attendant outside the principal entrance in Oxford Street—on November 5th, between four and five o'clock, I saw the male prisoners standing outside the entrance to the lace department, the main entrance to the shop, for about half an hour.
FRANK BECKER . I am a salesman at Messrs. Peter Robinson's—I act as interpreter in French and German—I saw the female prisoners in the hosiery department—Emma said to me in French, "I want to see some lace"—I took them to the lace department—the assistant, Miss Gravely, showed them some imitation lace—the younger prisoner spoke all through—she said she wanted to see some better—Miss Gravely showed them some better lace—after looking at some she showed me a piece, and asked me if we had that in a narrower width—Miss' Gravely found some smaller
lace in a narrower width, and showed them—she said she wanted seven yards—I said, "There is not sufficient here; shall we procure some more?"—Miss Gravely went to the lace buyer, who sent to the agent to inquire—I was left alone with the female prisoners—I asked if they wanted anything else—they conversed in Italian, and she said she wanted to see some gloves—Miss Gravely brought some ladies' gloves—the younger prisoner selected six pairs—she said she wanted to see some gentlemen's gloves—I went away to fetch them—I asked them if they could wait ten minutes, and I could let them know about the lace—the answer came back, "The agent did not know," and I told them I was not quite sure, but if I could not procure the same patterns, I would send some patterns nearest—the younger prisoner said that was good—they gave me an address which I misunderstood, and put on the bill "Countess Marini, 23, Alexandra Hotel," asking the younger prisoner if that was right—she said, "17"—I showed them out, and they went away—she told me to send the gloves—in consequence of something I heard they were not sent—they were left alone at the lace counter when Miss Gravely fetched the gloves, and I walked a few steps after her to say they wanted light ones.
Cross-examined. As a rule I serve in the dress department—I was brought to the lace department to interpret—there were about eight other assistants about, four within sight of the counter—the shop-walker is not confined to the lace counter—he would have a beat—I did not notice him while the lace transaction was going on—I am not prepared to say he was not there.
FLORENCE ROSE GRAVELEY . I am assistant to Peter Robinson and Co.—Mr. Becker brought the two female prisoners to me, and there was some conversation, which was interpreted to me, and I fetched some lace, and, among other pieces, showed them this piece (produced), which was in stock and under my control before they came in—they measured six metres, but I was not aware of the length at that time—the selling price was £6 the piece—the female prisoners were left alone at the counter where the lace was exposed, while Mr. Becker and I went away—the prisoners gave some orders, and about ten minutes after they left I commenced putting the lace together which had been shown to them, and missed this piece, which was the only piece of the kind we had, nor had I any piece like it under my control—none of the other goods were paid for—I mentioned the loss to the proper person—I recollect showing this particular piece to the women—on November 9th the police took me to Messrs. Attenborough's, in Shaftesbury Avenue, at a little after twelve in the day; the female prisoners were just passing out—by directions, I did not speak to them going into the shop; the assistant showed me this piece of lace, which I recognised at once.
Cross-examined. I can swear to this lace; I have looked at the photographs of it—I thought there was a tear in the piece I lost, but the shop-walker said no; I only saw it hanging in the window, and thought it had a tear near the end, but I have examined it, and do not find one.
GILLEMON DE COCK . I am a lace manufacturer, of Bruges—my business is very large, and I employ a great number of workers of lace, and families make it and bring it to me—I purchased this design (Produced)
from a middleman; it is still his property—he has the right to manufacture from it, and to sell to others besides me—when lace is made up into a piece, small samples are sent to persons who are purchasers of lace—we give part of the design to working hands, never the whole-pattern—this is a photograph taken at my establishment as a reference before the corresponding sample wont away—I had an agent in London then, but not now—it must have been last December that I got that design—on December 10th I received an order for some lace from Peter Robinson, which I sent on February 17th, this year—this (Produced) is the proof of it, and this is the design; I have no doubt whatever that this is the lace—two other pieces were made by me of that design; I brought it over myself, and the other piece was sold to Mr. Levy, of Bruges.
Cross-examined. Mr. Devean was the middleman, and he has had the right to make similar lace the whole time—the middleman employs workmen to make lace.
Re-examined. I have not seen Mr. Devean before or since I gave evidence at the Police Court.
EDWARD ROLLING . I am lace buyer for Peter Robinson and Co.—in December, 1895, I ordered from Mr. De Cock six pieces of lace from a pattern he showed me—I received other pieces of him in February, 1896, in the ordinary course, and put it into our stock—when lace of that price is sold it comes to my knowledge, and I put it into my book—this is the piece of lace made in execution of the order given by me in February—it has not been sold—on November 5th I had a conversation with Mr. Becker and Miss Graveley, and ordered them to go to the agents, and on that day I heard from the assistants of the loss of a piece of lace—I informed the managing director—I was shown this lace on the 9th, but could not say the length which was lost, and was not sufficiently certain to swear to it; but now, having seen the pattern, I have no doubt this was the piece which was put into stock.
Cross-examined by MR. METCALFE. When I came to that opinion I believed that Mr. De Cock was the only person who had a right to send lace of that kind to England, and that had a good deal to do with my coming to that opinion; it does not alter my opinion to find that he is not the only person.
Re-examined. I remember the lace on the inspection of the pattern, and this is the pattern—I have had twelve years' experience of lace—this is the same pattern and length as the piece which came in February in consequence of my order, and it is the only piece of the same colour—it has never been worn or used.
Cross-examined by Emma Ugolini. I swore before the Magistrate that it was the same lace, and that it was a copy of old lace—I was asked if it had been on a dress, and I said, "No."
Cross-examined by C. Pacini. The designs were before me when I made my statement before the Magistrate.
By the COURT. A piece of lace like this would take months to make if there were not many workers.
French—I cannot speak much French, but I went outside and brought in somebody who did—they wanted £15 on it—I refused to lend on it, and asked them to come on Monday—they came again on the 9th, about 10.30, and brought some pieces of lace for me to get a further opinion—I knew nothing then about the lace being stolen—I went to an expert, and Peter Robinson's were then communicated with—they came back at twelve o'clock, and I asked them to come again at two o'clock—they left the lace in my possession—at two o'clock Ettore came back, and Emma was outside—I saw Miss Gravely when they left at twelve o'clock.
Cross-examined. I did not give the opinion that the lace had been worn—I know nothing about lace—it was dirty enough to have been worn; it was soiled.
Cross-examined by E. Ugolini. I have a faint recollection of a woman bringing two fans only worth £2, and my saying that I could only take in pledges over £10.
THEODORE SUDOMT . I am a hairdresser, of Charlotte Street, Fitzroy Square—I am French, and sometimes interpret for the police—on November 9th I was called to Tottenham Court Road Station, and saw the four prisoners; I asked them their names and addresses—they said that they had been living at the Hotel Boston, at the back of Victoria Station—later in the day I returned, and, at the request of the police, read the charge to them; it was for stealing lace from Peter Robinson's—the younger prisoner said that she inquired the price because she wished to raise money on a piece she had, which-came from her family, that her mother had had it forty years, and that when she arrived at the station on Tuesday there were three dogs, and they would not let them go out without muzzles, and she went out to buy muzzles, and lost her purse with £1,000 in French francs; that they came from Italy, and left their luggage in Paris, as they only came here for a few days, and came on to London—Potts came in and identified Ettore—when Potts identified Ettore, he said, "Very likely the gentleman recognise me because I went into Peter Robinson's to buy some boots, but 32s. was too expensive for me"—the old woman said nothing; she can only speak Italian—I was present at Maryborough Street Police Court next day, November 10th, and as the prisoners were leaving the dock, Emma said, "If the gentlemen want to know where we bought the lace, it was bought in the Rue-de-la-Paix ten years ago."
Cross-examined by MR. METCALFE. The charge was read from the Charge-sheet, and I translated it; it was for stealing four metres of lace.
LUCIE BRASSEUR . I am an assistant in the lace department at Messrs. Marshall and Snelgrove's, and act at times as interpreter—on November 6th I saw these two women in the shop, and interpreted for them in French—the younger one wanted to see some lace; I took them to the lace department, and Mr. Gill showed them some lace; she asked for some very good, and he got her several more pieces—she was not quite sure what she wanted—they chose one piece, and then looked at some veils, and ordered some—she gave her name, "Countess Albertina," and her address—she could not have said "Ubertina," because I spelt the name out to her after I had written it—the elder woman only spoke a few words; the did not speak to me—they went away.
Cross-examined by MR. METCALFE. This was not my department—when things were brought somebody else went to fetch them, so that I was attending to them the whole time—I saw no stealing of lace; I am not suspicious, and I did not watch them.
By the COURT. It is possible there may have been a theft while I was there, without my seeing it.
JOHN BROOK GILL . I am an assistant in the lace department of Marshall and Snelgrove—on November 6th the two female prisoners were brought to the lace counter by the shop-walker, the last witness, who carried on the conversation with the prisoners in French—I had to go away three or four times to get lace to show them—there were a considerable number of pieces on the counter where they were—some of this is called antique lace; that does not apply to the age, but to the pattern—an order was given for veils—she gave her address at the French Embassy—I did not know we had lost anything till November 4th, but I heard of their arrest—I looked over the stock of lace on Monday, the 18th, and missed these two pieces, which were in stock when these women called; one to the best of my belief, and the other I am confident of—we get our lace from Cummings, Foot and Co., of 37, Gutter Lane—we purchased from them lace similar to this in the early part of last year—what is called a photograph was taken of the pieces we purchased—these were produced afterwards from the Boston Hotel.
Cross-examined by MR. METCALFE. We have the invoices (produced)—we have no stock-book—the lengths from the invoices are 11 1/8 and 1 11/16—I have measured these two pieces of lace; they are the same length as we bought from Cummings.
FREDERICK WILLIAM JACQUES . I am assistant to Frederick Noble Jones, a hosier, of 13, Burlington Arcade—the two female prisoners came to the shop about twelve o'clock, and the younger one pointed to some fans on the counter—I showed them half a dozen, and then went upstairs to look for some gloves, leaving the fans within their reach—they selected some blouses, and gave the address, "Countess Rudolf, Hotel Paris "; the younger prisoner dictated each letter as I put it down—she left; the blouses were sent to the hotel by a porter, who brought them back—I did not miss any of the fans till I saw a report of Peter Robinson's case—I then looked at the fan stock, and missed a white and a black one—I got the pawn-ticket, went to Mr. Sutton's, in Victoria Street, and there saw these two fans, which I had seen in stock two or three days before—they gave an address, but paid nothing—they were in boxes when I showed them, they were not broken—they are very easily broken; if one was put into a pocket it might be broken.
The Prisoner Emma. The white one was broken coming from Paris to London.
WILLIAM RING . I am assistant to Mr. Sutton, a pawnbroker, of Victoria Street—on November 7th the two female prisoners came into the shop about four p.m., and pawned two fans with me—this is my duplicate. (In the name of Madame Pacino, Hotel Alexandra, found on Paolo.)
Cross-examined by MR. METCALFE. One of these pieces of lace was
brought to me, I believe, by the prisoner Ettore—I think it was after the fan affair—it was a valuable piece of lace, and I asked them to leave it—I do not identify either of them.
Cross-examined by Emma Ugolini. You did not bring some lace at eleven a.m., it was a man who brought it.
CHARLOTTE ELIZABETH WHITTAKER . My father keeps the Boston Hotel, 245, Vauxhall Bridge Road—on Tuesday, November 3rd, the four prisoners arrived, with a servant and a baby, and engaged four rooms, one of which was occupied by the elder prisoner, one by the married woman and her husband, another by the bachelor man, and another by the nurse and child—the odd numbers run together, 4, 6, 7, and 9—the married couple occupied No. 7, and mine was the next room—they were to pay two guineas a week, and 30s. for board—they stayed tall November 9th, when I heard of their arrest about seven o'clock, but I was not present—they were all four frequently out together during the day; they went out together, but the servant and nurse remained at home—they brought three dogs and a cat—the nurse and baby remained till the morning of the 10th—my father went early that morning to the Italian Consul, and then refused to allow them to remain any longer—no one occupied the nurse's room from the morning of the 10th till December 4th—they only had very small luggage—the cat and dogs remained behind—I had taken a fancy to the cat, and it was lost; in looking about for it I went into the nurse's room, and had to move a curtain, and found a parcel—I asked my father to come up; it contained a number of articles now in Court, done up in these newspapers—the parcel was handed intact to the police—they paid nothing at the hotel.
The Prisoner Emma. We did not pay because we lost the money.
Cross-examined by MR. METCALFE. The nurse's room was on the top floor; No. 9 was on the same floor as Nos. 4 and 6; so that the people who occupied 4, 6 and 7 would not go up to No. 9 unless to go to the child.
JAMES SIMMONDS (Detective Sergeant). I was employed in this matter all through—I was communicated with on November 5th—on November 9th I was in Shaftesbury Avenue, and saw the prisoner Ettore coming out of Mr. Attenborough's shop with a small brown paper parcel—he walked down towards where the other three prisoners were standing, about twenty yards from the shop, and walked by them, apparently taking no notice—I went up to him, and asked him in French what he had there, pointing to the parcel—he made a reply I did not understand—I then asked him, "How much?"—he turned to the other prisoners, and there was a conversation, and the prisoner Emma motioned me into a shop, and, through an interpreter, I asked her how much she would take for the lace—she said, "£15"—I asked if she would take £7—she said, "No"—I asked if it belonged, to her, as Ettore still had it—she said, "Yes"—I said that I was a police officer, and should take them in custody on suspicion of stealing lace last week—they all smiled, and said what I understood to be "Certainly"—up to that time there was no evidence against Paolo, but I beckoned to him to follow, and I took the four in a cab to the station—Christina the Countess, and Ettore were identified as having been at Peter Robinson's; they were then charged with stealing the lace, and Paolo was charged with unlawful possession of an opera glass
and, other things; they appeared before a Magistrate next morning at Marlborough Street, and were remanded for a week—I found on Ettore these blank forms for washing, with figures on the back; and on Paolo this duplicate of Mr. Button's for two for two furs—on December 4th, after the prisoners' committal, I went to the Boston Hotel, and received from Miss Whittaker two parcels, one done up in the Evening News of December 9th, the ten o'clock edition, and containing Marshall and Snelgrove's lace, and in the other nine packages of lace, five in one packet, two in another, and the rest were single pieces—I also found a fur necklet and a broken fan with diamonds, worth £30—there are three pieces of lace which we have not found any owner for—some pieces of lace were torn off and pinned to these blank washing bills, with figures of the same character as that found on Ettore.
Cross-examined by MR. METCALFE. The charge against Paolo was hardly a serious one, but I wanted to detain him—I charged him with the unlawful possession of the pawn-tickets and opera glass—binoculars appear on this bill, and there are a pair of binoculars which I have not found an owner for.
At MR. METCALFE'S request, the prisoners were allowed to make their own statements through the Interpreter. Christina stated that she was innocent, and was the mother of four children, and requested to be sent home; Emma begged for mercy for her child's sake; and Ettore stated that he was asked by his mother and sister to pledge what he knew to be the family lace, and that he had lost a year's study at the University through being kept in orison for a month, and that he did not know how his brother's wife became assessed of the pawn-ticket found on him.
GUILTY .—The JURY recommended Christina Pacini to mercy. Judgment Respited for inquiries in France.
THIRD COURT.—Friday, December 18th, 1896.
Before Mr. Common Serjeant.
MESSRS. BODKIN and TRAVERS HUMPHREYS Prosecuted; and MESSRS. RANDOLPH and CLARKE HALL Defended.
The money had been obtained from the parents of youths apprenticed to the prisoner, and the false pretences alleged to have been made were that the prisoner had a good business, and could teach the apprentices a trade, and find them employment. During the progress of the case the COMMON SERJEANT stated that though the prisoner might have used exaggerated statements as to his business, and might be civilly liable, his statements did not amount to false pretences, and he directed the JURY to return a verdict of NOT GUILTY .
Northampton—in October I advertised in the Gardener's Chronicle for a boiler—in answer I received this letter from 201, Kennington Road, signed "John Bell."(This offered a good second-hand boiler and piping for £20, carriage paid, guaranteed to be in a condition ready to put on the railway at once; and stated that he would accept a ten days' cheque for half the amount, and would return the money if the boiler and pipes were not as stated.) I replied, enclosing a ten days' post-dated cheque for £10 on account—I received this letter. (Acknowledging the cheque and enclosing a receipt on a printed form, stating he could not meet him in London on the Thursday, but would keep the boiler till he could see it, and asking whether he should send the pipes and valves.) I replied, asking him to send the pipes and valves, and to let me know if I could see the boiler the next day—I did not see anything of the boiler or pipes—I stopped my cheque at Northampton, and it was never presented there—I parted with my cheque believing his statement in the letter that he had got the pipes and boiler ready to deliver to me.
MAUD PERRY . I live at 201, Kennington Road, where my father keeps a tobacconist's shop—I occasionally take in letters—about the beginning of October the prisoner came and asked if he could have letters addressed there in the name of John Bell—letters came there for him addressed in that name, and he called and took them away—after he was in custody I handed two letters, similarly addressed, to the police.
LAWRENCE PAGE . I am a solicitor, in the department of the solicitor to the Great Western Railway Company at Paddington—on October 5th I advertised in the Bazaar, Exchange and Mart: "Wanted, best quality heather honey, in sections"—I received this letter in reply, addressed from the George Hotel, Maidenhead, October 6th, in the name of W. Browning, offering honey for sale—I wrote to that address, enclosing postal orders for 7s., and ordering a dozen sections—I received this letter in reply. (Acknowledging the receipt of the 7s., and stating that the honey would be sent.) I received no honey—at the end of a week I wrote and asked what had become of it, and then I received this letter. (Stating that the honey had been miscarried, and that it should be sent to me.) I received no honey—I did not get the money back—I inquired at the parcels office at Paddington, and then wrote again to Browning, but I got no answer—I called at the George Hotel on the following Monday, and made inquiries; the answers were not satisfactory.
Cross-examined. I did not get a letter from you to say that the honey came in bulk, and was delivered at a chemist's shop.
WILLIAM AMBROSE . I am proprietor of the George Hotel, Maidenhead—the prisoner never stayed there—he was a customer at the bar—I knew him for two or three weeks at the latter end of September as a customer at the bar—he gave the name of Browning—I received four letters and a postcard for him, I believe—he asked if I had any objection to letters coming for him there in the name of Browning—I afterwards sent letters that came for him to the police.
JOHN LEIGH . In October I was a clerk in the parcels office at Maiden-head Station—I am now at West Drayton—I have examined the waybills between October 6th and 15th; between those dates no parcel was sent from Maidenhead, addressed to Mr. Page—there was no complaint at
the station of any such parcel having been sent and not delivered—the Great Western is the only line to Maidenhead.
HERBERT LEMPRIERE . I live in Llanfairfechan, North Wales—about October 5th I advertised in the Bazaar, Exchange and Mart, for a good Jersey bull—I received this reply, addressed from 38, Pancras Road, King's Cross, offering a Jersey bull, and giving particulars of it, and signed "Thomas Chester"—I sent a telegram—I received a notice that my telegram was not delivered, as the address was not known—later in the day I received this telegram: "Will send bull to-morrow. Send cheque, please.—CHESTER"—I then wrote this letter, and received this reply, dated from the Bear Hotel, Maidenhead. (The letter stated he was not a stranger at the address to which the telegram had been sent, but that the telegram was not delivered through a mistake of the girl in his shop.) I wrote this letter of October 10th. (Acknowledging the receipt of the letter, explaining the misunderstanding, and enclosing a cheque for £8, post-dated ten days.) This letter, acknowledging receipt of letter and cheque and stating that the bull would be sent on Thursday, was received—the bull never arrived—I stopped the cheque because I was rather suspicious.
BERTHA YOUNG . I am the wife of George Alfred Young, newsagent, of 38, Fancras Road, King's Cross—the prisoner had letters addressed to our shop in the name of Thomas Chester at the latter part of September and October—we take in letters at 1d. each, or so much the dozen—a telegram came about that time addressed to Chester; I had forgotten the name, and returned it—fifteen or twenty minutes afterwards the prisoner called for it, and I told him I had returned it—he gave me instructions to forward letters and telegrams that came for him to the Bear Hotel, Maidenhead, and left a deposit for it—I forwarded about twelve letters, to him—about October 9th, in consequence of a letter I had from him, I kept them, and handed him about a dozen, all addressed in his name.
ALICE ROGERS . I was, in September and October, a barmaid at the Bear Hotel, Maidenhead—I knew the prisoner by sight as a customer at the bar; he never stayed in the hotel—letters came for him in the name of Chester, and I handed him some in that name.
GEORGE FRANK MARTIN . I am a barman at the Duke of Edinburgh public-house, Queen's Road, Bayswater—about 6.30 p.m., on October 15th, the prisoner came in, and asked me to change this cheque for £8—I took it to my governor, and he said he could not change cheques—the prisoner asked for £2, and said he would call for the rest next morning, as he was too late for the bank.
REV. WALTER DUNSTAN MAY . I am the Vicar of Braybourne, near Ash-ford, Kent—at the end of May, or beginning of June, this year, I advertised in Bazaar, Exchange and Mart, for a Shetland pony—I received this letter in reply, addressed from 41, St. Andrew's Hill, Holborn, and signed "William Thompson."(This letter offered a good sound Shetland pony, and gave particulars of the pony, and of the terms of payment.) I wrote, asking for further particulars, and a photograph—I received two replies to my letter—I wrote again, asking for a reference, and I received this letter, giving as reference Mr. Charles Dixon, who "has known me these twenty-five years"—I sent a letter, enclosing this cheque for £2, payable to W. Thompson or order—he wrote, acknowledging the receipt of the cheque—it has been paid by my bankers; it is endorsed "William
Thompson"—it was crossed—I received this letter. (Asking him, before the pony was sent, to send another cheque, as the one received was crossed, and, therefore, of no use.) I wrote, expressing surprise that it was not returned if another cheque was asked for—I wrote to the reference afterwards, but got no answer—I received another letter, protesting that the crossed cheque was no use, and saying that he had passed it on to someone from whom he could not get it back, and asking me to send £2 at once—I got further letters, but I got no pony, and I did not get the 40s. or the cheque back.
Cross-examined. I never received two £1 postal orders from you.
ARTHUR WILLIAM RODOLSKY . I am a clerk in charge of the offices, which are let furnished, at 41, St. Andrew's Hill—I do not know anything of the prisoner as a person occupying an office there—about the end of May and beginning of June letters came there addressed in the name of William Thompson—they were given to the housekeeper—I did not see the person who came and fetched them away—no one named William Thompson occupied an office there.
ROBERT BLAU . I live at 63, Southwark Bridge Road—I knew the prisoner by sight two years ago—I know his name now as John Leigh; I did not know it before—he asked me to take in letters for him, addressed Charles Dixon, at my shop—he used to live next door to me, and was a customer of mine, but I never knew his name—the letters that came for him I gave to Rosina Andrews, who called for them—she brought me this note. (This, dated 17th June, 1898, requested him to hand to the bearer any letters or papers addressed to Charles Dixon, and to take in a parcel which might come for him.) That was the first time I knew the prisoner's name was Charles Dixon.
Cross-examined. You had some large shipping cases left at my shop about two years ago.
Re-examined. I did not see what was inside them; the prisoner told me they were bulbs.
JAMES HODDELL . I live at Oaklands, Clevedon, Somerset—in June I advertised in the Bazaar, Exchange and Mart for a governess car—I received this reply from 63, Southwark Bridge Road, signed "Charles Dixon."(This stated that the writer had a governess car, almost new, which he would sell for £4 10s., and pay the carriage.) I wrote, asking for further particulars, and received this letter of June 18th, giving further particulars—I received two or three other letters—on or about July 1st I sent this cheque for £2 10s. on Starkey's Banking Company at Cleve-don, dated July 10th, and payable to Charles Dixon or order—it has been endorsed "Charles Dixon," and paid through my bank—the date has been altered from July 10th to July 1st; the 0 has been scratched out—I never got or saw the governess car—I gave no authority for the alteration of the date of the cheque.
Cross-examined. I never corresponded with George Briggs about it—I never made a cheque out for George Briggs.
WILLIAM JAMES HOODLESS . I was manager to Mr. Lipton at 399, Walworth Road—lam now at his shop in Lambeth Walk—he is a provision merchant, with a number of shops—in July, when I was at 399, Walworth Road, a man (I did not know him as a customer) brought me this cheque, and asked me to cash it—he brought a letter, written by Mr.
Hoddell, referring to the cheque—I told the man if he left the cheque with me I would take it to the bankers, and he might call for the cash next day—I took the cheque and a copy of the letter—I cashed the cheque, and gave the man the £2 the next day—the cheque was crossed; I paid it into Lipton's Bank—I could not say I particularly noticed the date on the cheque; it was not post-dated when I took it, I am sure—I do not recognise the man who brought it to me; he was like the prisoner in stature, features, and complexion—the only difference is that the prisoner now has a beard, and the man had not.
Cross-examined. I will not swear you were the man who brought the cheque—I should not think he was taller and younger than you.
HUBERT HENRY . I am a photographer, of Bradford—on October 5th I advertised in the Bazaar for some hot-water piping—I received this reply from 38, Pancras Road, King's Cross, and signed "Thomas Chester" (offering hot-water pipes)—I received another letter from the same address, giving further particulars of the pipes, and then a letter from the Bear Hotel, Maidenhead, offering to send twenty-four pipes as a sample—I wrote on October 13th, enclosing a cheque for £1 5s., post-dated to October 23rd, and crossed—I stopped it when I got no pipes.
REV. THOMAS MILESHAM MORGAN . I am Vicar of Newchurch, Carmarthen—in October I advertised in the Bazaar, Exchange and Mart for a pair of carriage lamps, cheap for cash—I received this reply from 38, Pancras Road, King's Cross, signed "Thomas Chester."(Offering to send a pair of lamps, carriage paid, on receipt of 7s.) I replied, enclosing postal orders for 5s. and 2s.—I received no lamps, and heard nothing further of them—I wrote two letters to the address, but had no answer.
CHARLES TALMAGE . I am the manager of a butcher's business at 77, Queen's Road, Bayswater—on October 15th the prisoner asked me to cash this cheque, signed "John Bush well Clarke," and said he would give me ten per cent, for obliging him—I said we did not cash cheques for anyone unless we knew him personally, and the cheque was no good to me; in fact, I would not give him sixpence for it—I asked him who he was—he said it was in his name, "John Bell"—I said, "Where do you come from?"—he said, "Maidenhead," and that he lived with Mr. Green, a baker there and occupied two rooms there—I refused to cash it, and he left the shop—I followed him—he went into about ten or a dozen shops, and when he came back up the road I followed, and called a police sergeant's attention to him.
Cross-examined. You asked me to cash the cheque, and told me that Whiteley would pass it through his bank for you.
ALBERT GOLDSWAIN (Sergeant, 82 V). About 6.30 p.m. on October 15th, Talmage called my attention to the prisoner—I asked him if he had been trying to obtain £4 on an £8 cheque, drawn on the Capital and Counties Bank, and payable to John Bell—he said, "Yes"—I asked him where the cheque was; he took out his pocket-book, and handed me this cheque—it is Mr. Clarke's £10 cheque—I asked him if his name was John Bell, and if that was his endorsement, and he said, "Yes"—I asked him if he had any other cheques—he said, "No"—I said, "I just saw some more cheques in your book"—he said, "Well, I have two more"—he then handed me these two, Lempriere's and Henry's—I asked him, "What about these two cheques drawn payable to Chester?"—he
said he had received them from Chester in payment for a quantity of hot-water pipes that he had supplied him with two months ago—I asked him if he had any envelope he received them in—he said, "No"—I asked him if he had Chester's address in Bradford—he said he did not know it—I said, "How long have you been in London?"—he said he came from Maidenhead the day before—I repeated the question, and he said he had been in London two years, near Victoria—I took him to the station—he there gave the name of John Bell, and an address in Queen's Road, Bayswater, close to where I arrested him; on inquiry I could not find that any such person was known there—he was charged originally with unlawful possession of these cheques—I knew nothing of these cases at the time—after he was charged, he gave his name as John Leigh, Bridge Street, Maidenhead—on searching him at the Police station I found two cloak-room tickets referring to luggage; one article deposited at King's Cross, and the other at Paddington—I found on him a letter addressed to Thomas Chester by Mr. Henry, of Bradford; a letter addressed to Thomas Chester by Mr. Lempriere—I gave the cloak-room tickets to Sergeant Wheatley.
Cross-examined. When I met you, I took you back to one shop, and asked the lady what you wanted there, and she said you wanted a cheque cashed, and asked for £4 on it, as you did at the butcher's—these were the only two letters I got from you at the Police-station.
GEORGE WHEATLEY (Detective Sergeant F). I received from Goldswain the two cloak-room tickets which he took from the prisoner—one related to a Gladstone bag, deposited at King's Cross Station, and the other to two boxes at Paddington Station—I found in the bag at King's Cross a large number of letters addressed to Messrs. Brothers, Southampton, and coming from all parts of the Continent, in answer co advertisements, in all languages, about bulbs, orchids, fruit, eggs, and other things—I also found in the bag fifteen draft letters, signed in the name of Charles Dixon, and addressed from 63, Southwark Bridge Road to various places abroad—they are in the same writing as the letters that have been proved in this case—I found about 1,000 cards addressed to various florists throughout the United Kingdom: "Special offer of imported bulbs and roots, packing free and carriage paid; terms cash, with order. John Bell, importer of rare bulbs, 204, Kenuington Road, London"—I went to that address, and found it was a sweet stuff and newspaper shop, where they take in letters—the two boxes appear to have been deposited at Paddington on October 14th, the day before the prisoner's arrest—I delivered them to Rosina Andrews by this authority, which I saw the prisoner write—in the portmanteau I found six copies of the Bazaar, Exchange and Mart, dated early in October, and three copies of the Gardener's Chronicle, dated in October; among them were the copies with Clarke's, Capt. Lempriere's and Mr. Morgan's advertisements; they are all marked, and many other things are marked as if they had been noticed—I went round to the various addresses that have been spoken of, and received a bundle of fifty-one letters that were waiting the prisoner's call—the prisoner had no beard when arrested—he has been in prison since October 16th.
Cross-examined. You have never asked me about writing; but you
have had every opportunity of writing—I believe the prison authorities would supply you with pens and paper.
Re-examined. I received letters from the prisoner since he has been in prison, asking me to go to various persons on his behalf—every endeavour has been made to induce persons to come here to give evidence—I have attended to any reasonable request he has made.
The Prisoner, in his statement before the Magistrate, and in his defence, stated that he had no intention to cheat and defraud.
Wheatley stated that the prisoner had been engaged in a system of fraud for some time.
Eighteen Months' Hard Labour.
The COURT commended the conduct of Talmage and Goldswain.
96. ALFRED MILNER CARPENTER (35) PLEADED GUILTY to obtaining 5s. from Ada Easher with intent to defraud, and to obtaining three rings and attempting to obtain a watch, chain and ring from Josiah Merrill, with intent to defraud.— Nine Months' Hard Labour.
MR. CONDY Prosecuted.
ARTHUR KERRY . I am a draughtsman, of 9, Stanhope Street, Clare Market—I was in the Strand on the evening of November 26th—I was not sober—I was "betwixt and between"—I was going home, and asked the prisoner and another man, about twelve o'clock, the way to Stanhope Street, but they led me in another direction—I think in Argyle Street I was knocked down from the back, of my head and my pockets rifled—I could not say whether the prisoner or the other man knocked me down—I had in my pockets between 8s. and 10s. when I was knocked down, and when I got up not a farthing—I struggled with the prisoner, when the constable came up—the other man ran away—I was cut in the hand (I had it bandaged up till the day before yesterday), and on the knees, and on my arm; I fancy I had a kick on my elbow, and my trousers were cut nearly off, I fancy when I fell—I came from Chester about November 5th.
Cross-examined by the Prisoner. I know nothing about your selling books in the Strand—I did not drink with you—I know nothing of a man saying he knew me, and drinking and shaking hands with me, nor my asking him where he came from, and his saying, "Scotland, of course," nor my saying to you, "He is after something"—I do not think I went into any public-house with you; I did not; I only asked a question—I do not remember going to a coffee-stall, and breaking a saucer, nor asking to go to Charing Cross, and your telling me I was too late for a train, nor my saying I had lost money and a lot of coppers, turning out my pockets, nor your wiping my hand—I remember struggling with you, and when the constable came up my pockets were turned inside out.
JOHN WARMAN (336 L). I saw the prisoner and the prosecutor between two and three a.m. on November 27th, struggling in Carlyle Street, Westminster Bridge Road—I said, "What's the matter?"—the prosecutor said, "This man has robbed me"—I saw his trousers pockets were turned out; his trousers were cut and his hands—they had been on the ground—the prosecutor was drunk, the prisoner was sober—I took the
prisoner into custody—the prisoner said, "This man owes me 2d."—the prosecutor had not a halfpenny on him—I searched the prisoner at the station, and found 3s. 1 1/2 d.—after the charge was read over he said he had been selling songs in the Strand—I found no songs on him—he told me at the Police Court he had handed them over to another man, and he should like to find him—no one was with the prisoner when I came up.
Cross-examined by the Prisoner. The prosecutor had a song in his pocket.
The Prisoner's statement before the Magistrate: "When this man met me in the Strand we had a drink. Another man came up, and he recognised him, and we had a drink with him, when he said became from Scotland. He would not pay for the drink, and we came outside. He had several falls, when I helped him up. On one occasion be cut his hand, and I bathed it with my handkerchief. We got into the next public-house, and they refused to serve any one of us, as the witness was too much intoxicated. Coming out there, the witness fell down. Another man, coming into the public-house, gave me a hand in getting him up. I stayed with him about two hours, till I was taken into custody. He said I robbed him. I never saw the other man until we got over Waterloo Bridge. He had my things that I was selling in the Strand."
The Prisoner handed in a written statement much to the same effect.
NOT GUILTY .
MR. PASMORE Prosecuted.
The evidence and defence were interpreted by Mr. H. J. Pierce, 867 City, so far as this was necessary.
JEANNE PLUCHON . I occupy a room and kitchen upstairs at. 13, Riding House Street, Marylebone—the prisoner lodged below—on the evening of November 5th I gave him £2, with a deposit book of the National Penny Bank, to deposit the £2—I next saw the prisoner, when he was arrested, at the Court—I have never seen my book nor money since—the prisoner did not come back—the following Friday I went to the bank to make a complaint—in consequence of what I was told I went to the police.
Cross-examined by the Prisoner. Several times I have given you money to deposit, and you deposited it.
EDWARD JOHN SANS . I am ledger clerk in the National Penny Bank, St. Martin's Lane—I do not know the prisoner—I remember a man and woman on November 5th bringing the book No. 66,415—by means of the book they drew out £10—I did not pay it, but I examined the entry in the ledger and the signature, which seemed to be correct—the signature "Jeanne Pluchons" in the form was signed in my presence—that is my initial at the side.
bone—on the evening of November 5th I received an order from Sans to pay £10 to the customer whose number was 66,415 in our books—I cannot say whether I paid it to a man or a woman.
JOHN MCCARTHY (Police Sergeant, Scotland Yard). On December 3rd I apprehended the prisoner at Liverpool on a warrant—I said, "Is your name Ernest Daboust?"—he said, "Yes"—I said, "I am an officer of the Metropolitan Police; I hold a warrant for your arrest"—I read the warrant to him, and said, "You will be further charged with stealing a bank book of the National Penny Bank, forging a receipt, and obtaining £10"—he said, "All right; I do not know whether it was I who signed the book or not"—I brought him in the train to London—in the train he said, in French, which I speak (the conversation was partly in French and partly in English), this, which I have written down: "I wish to explain the affair to you. I wish to speak French, so that I make no mistake. Her friend, Charlotte, borrowed from me £1, with her consent, and she gave me a receipt. She promised to pay it, but she only gave me 4s. 6d. I was very badly off and unhappy there, and had rendered a lot of service to her, and she never paid me. Under these circumstances, the woman who lives in the first floor said to me I was a fool not to pay myself, seeing that she owed me so much, and on that evening she gave me £2 to take to the bank. I kept them for myself. The woman, whose name is Marie, followed me, and said, 'Give me the book, and I will go and get some money.' I accompanied her to the bank, with the intention of paying the £2 in; but she, nevertheless, took the book and asked for £10, which she received and signed for in the ledger of the bank. Afterwards she left me, taking away the £10 and the bank book. I was then afraid to return to the house. I took the train to Manchester, where I remained a day; after that I went to Liverpool, where I have remained since. I only took £2, as, with respect to the other £10, the woman Marie kept it. She lived at that time in the same house; I do not know whether she is still there. I am very pleased somebody has come to search for me to lock me up"—I took him to the Tottenham Court Road Police Station, and charged him—he made no further statement.
The prisoner, on being asked, said the translation of his statement was accurate.
MARIE ROMMIE . I was living at 13, Riding House Street, Marylebone, on November 5th, in the same house as the prosecutrix and the prisoner—I only knew them from being bound to do so as living in the same house—I only went on one occasion for the prosocutrix to the bank—I never took her bank book, signed her name, and got £10—I know nothing about it.
At the prisoner's request, the witness signed the prosecutrix's name imperfectly, and the document was shown to the JURY.
The prisoner's written defence, which was interpreted, was: "They asked me if I had witnesses. I said, 'No'. but the prosecutrix has no more than I have. What do they accuse me of? Of having stolen £2, and having forged the signature of the prosecutrix to draw £10. The prosecutrix gave me herself the £2 to make certain use of it, which I have not done, but all the sane I did not steal it. It is only abuse of confidence. I did not take it out of her pockets; I did not steal it. It is only abuse
of confidence. As to the bank book, I neither touched it, nor did I forge the signature. To prove it I have no witnesses, but the cashier of the hank will tell you the person who came to do it was the woman. That is the person who signed the name of 'Jeanne Pluchon.' That is all the proof there is against me. This is the first time I have been in the country, and this is the first time I have been in a police cell."
GUILTY .— Nine Months' Hard Labour.
Before Mr. Common Serjeant.
HENRY JAMES HUDDERWELL . I am a butcher, of Canning Town—on the evening of November 16th the female prisoner came in for two small mutton chops, which came to 4 1/2 d., and gave me 1s.—I put it in the tester, and it doubled up, and when I took it in my hand it broke in half—she said, "Oh, is that the one I gave you?"—I said, "Yes"—she said, "I changed a half-sovereign at North Woolwich, and that must have been one they gave me "—she produced three shillings—I took one, and gave her the change—she said she would take the pieces back to where she got the half-sovereign changed—on the following Saturday I saw her with eight or nine other females, and picked her out.
THOMAS BARKER . I am barman at the Prince Alfred, Canning Town—on November 16th, about seven p.m., Hubbard came in for a glass of ale, and tendered 1s. (my place is about two minutes' walk from Mr. Hudderwells')—I said, "Do you know this is a bad shilling?"—she said, "No; I changed some coppers, and they must have given me bad money; try these"—I tried them, and they were good—I took my money put of a shilling—on the following Friday I picked her out from seven or eight other women.
ELLEN REED . I am the wife of Samuel Heed, of the Oxford Arms, Victoria Dock Road—on November 9th, about seven p.m., Godsell came in for a glass of ale, and tendered a shilling—I tested it with acid, and it turned black—I gave it to a constable—I saw Godsell the next afternoon at the station with others, and picked him out.
Cross-examined by Godsell. I have seen you at the house twice before, and found you honourable and honest—I know nothing about your playing with your boy outside our house.
EDWARD ROLF . I assist my father at the Town of Ayr, Victoria Park Road—on November 19th, about 11.30, both prisoners came in, and Hubbard asked for two glasses of drink, which came to 3d., and tendered this shilling (Produced)—I tried it on the counter, and broke it in two—I said, "Halloa! what does this mean?"—she looked surprised; I was busy serving other people; she picked it up, and gave me a good one—I gave information, and they were taken in custody—they did not come to the main entrance, they came from the music-hall attached to my house.
Hubbard, "I hear you have been passing bad money"—she said, "Yes, sir, but I did not know it "—I asked for the contents of her pockets; she handed me six sixpences, a shilling, and six pence—I said, "I shall take you both in custody "—I took them to the billiard-room, and found on Godsell a tobacco-box with Is 3d. in it and a piece of resin—I charged them; they made no reply.
WILLIAM BRISTOW (286 K). On November 17th I went to Mead's assistance—we took Godsell; I told him it was for uttering counterfeit coin; he made no reply—I asked their address; they said 37, Bays Street—I went there, and found this ladle, a metal spoon, a tin of whiting, some putty, plaster of Paris, bottles, and the half of a guitar.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to the Mint—these coins are bad, and from the same mould—we find such things as these in the manufacture of coin—the ladle is to melt the metal in, the plaster of Paris is to make the moulds; the bottles are both empty.
Godsell, in his statement before the Magistrate, and in his defence, stated that he went out with his violin, and had 1s. given him for playing; that he sent Hubbard with 1s. to get two chops, and she came back and said that it was bad, but he did not know it was bad, and that he bought the plaster of Paris and oatmeal to mix for beetles.
Hubbard's Defence: I am innocent of knowing they were bad.
GUILTY —GODSELL— Six Months' Hard Labour. HUBBARD— Two Months' Hard Labour.
Before Mr. Recorder.
MR. METCALFE Prosecuted.
JOHN HOLMES DOUGLAS . I am a fireman on board ship—the prisoner lives at 14, Nelson Tidal Basin—on December 7th I was indoors with John Cox and Mrs. Morris in the back room downstairs—the prisoner, whom I knew, came in between seven and eight, and asked Mrs. Morris for some money; she said she had none to give him—he said that he had a boarder just come, and then asked me—I said that I had no money; he struck me on my mouth, and rifled both my pockets and took about 13s., which was in my right pocket—I kept it there because I cannot use my left arm—I saw the money in his hand—I went out of the house—the blow cut my lip—I had just received my wages, 18s. 3d.—I had had a drink, but I knew what I was doing, and made a complaint to the police at once.
Cross-examined by the Prisoner. I paid that I had no money for the likes of you—I did not give you liberty to search me—I do Relieve I said, "Search me, if you like, and see if I have."
Re-examined. At any rate, I did not give him leave to take my money away.
Douglas might pay—he said that he had no money—the prisoner put his hands into both Douglas's pockets, and took some silver and coppers out—there was no fighting, but he hit him on his mouth, and it bled—the prisoner walked away, taking the money with him.
Cross-examined. Mrs. Morris said that Douglas had not paid her, and two other men were supposed to pay her that evening—she is the land-lady—Douglas said, "If you don't believe me, search me," and stood up—after that Douglas and I went into your room, but you had gone—you and I and Douglas and your wife did not then sit down in the kitchen, and have two or three pots of beer—I advised Douglas to go and get the police, because I knew he was robbed.
HARRIETT HEELAM . I am the wife of Mr. Heelam, but they call me Mrs. Morris—on December 7th, about 6.30, I was downstairs, and the prisoner came to the door, and asked me for 3s. for my husband—he said, "Where is that b—lodger? last night he got money," and hit him on his mouth and took the money out of his pocket; I saw it go down his sleeve, and his wife struck the woman who was doing my work—I sent for a policeman.
Cross-examined. I say that you took the money, and pat it up your sleeve; you were not in your shirt-sleeves—I did not tell you that Douglas had not paid me—Douglas did not say, "You can search me if you don't believe me."
By the COURT. We had not been drinking beer together—Douglas had had very little drink, but he could not pay in because he wanted his money for clothes—he said he would pay me £1 on Friday.
EDWARD FOSTER (467 K). On December 7th I was in Nelson Street—at 9.30, the prisoner came up and said, "Are you looking for me, governor?"—I said, "Yes, you are just the man I am looking for; you will be charged with stealing 13s.," and took him to the station—2d. was found on him.
Prisoner's Defence; I went into the kitchen; there were two men there, and a little girl, drinking. I said, "Mrs. Morris, will you pay me?"She said, "No, I have got no money. "I asked Douglas, and he said, "I have no money; search me. "I put my hand in his pocket, but could find no money; a row took place, and I hit him, and while I was sitting in the kitchen we had two or three pots of beer, and three or four hours after-wards a woman came, and said that two constables were looking for me.
NOT GUILTY .
Cross-examined. The landlady did not say that she would do for you the same as she had done for several people in America, stab you.
Prisoner's Defence: I thought he was going to strike me, and I struck him.
GUILTY of a common assault.— He had been several times convicted of assault.— Nine Months' Hard Labour.
Before Mr. Common Serjeant.
GUILTY .— Eighteen Months' Hard Labour.
Before Mr. Justice Lawrance.
MESSRS. C. F. GILL and BODKIN Prosecuted, and MR. ABINGER Defended.
JOHN WILLIAM BURROWS . I am clerk to Mr. B. rack ton Hicks, Coroner for the London South-Western District—on September 4th last an inquest was held on the body of Sophia Louisa Holliday, and continued by various adjournments until October 28th, when a verdict of the Jury was given—the defendant was summoned as a witness, and was in attendance on various days—on October 14th he was sworn, and gave evidence, and again on October 22nd and 28th—I took down his evidence in answer to the questions put to him, in the presence of the Coroner and Jury—he was represented sometimes by a solicitor, sometimes by counsel, and sometimes by both—on the 28th Mr. Abinger appeared as counsel for him; he put a number of questions to him; the Coroner allowed him to do so—I took down his answers; the general rule is for the Coroner to put the questions, but at his request he allowed his counsel to do so—I produce my original notes of the evidence given by the defendant on all the days when he was examined.
(These were put in and read, in which the defendant described himself as John Ferdinand, a duly qualified medical practitioner, an M.D., U.S.A., of twenty-five years' experience; that he had attended Sophia Louisa Holliday for cancer down to the end of June in the name of Alfred Woodland, and gave the certificate of her death in that name.)
Cross-examined. The inquiry before the Coroner was as to the cause of the death of Sophia Louisa Holliday, and witnesses were called as to that matter, amongst others three medical men—they did not all concur as to the cause of death—the defendant was called first on October 13th; he made a statement; he said he wished to be called—he was asked if he was a British subject—he said that, under the advice of his counsel, he declined to answer the question—he was asked if he was an American subject; he declined to answer—he said, "I decline to state to what nation I belong"—I have no recollection of his saying, "You are making a prisoner of me"—later on the Coroner asked him if he had a diploma—he said, "Yes"—the Coroner asked him if he had it there—he said, "No, I did not think it would be wanted; this is not a question of diploma, it is the cause of the woman's death"—the Coroner asked if he could fetch it, and he said, "I will send for it, and produce it on the next occasion; it is with a friend; I refuse to say his name"—the Coroner said, "If you on't produce the certificate to-day I shall send you to prison for contempt
of Court," and he adjourned the Court for two days—I believe he was in Court on the 22nd; I fancy in custody; not for contempt of Court—he was released on the second day, on sureties; afterwards, refusing to find sureties, he was re-committed to prison on the 22nd till the 28th.
Re-examined. On the 22nd the defendant produced the certificate, and the diploma was afterwards produced by Mr. Biggs, one of the defendant's sureties.
MR. ABINGER objected to the evidence given by the defendant being received, as it was obtained by threats of imprisonment, and was not relevant to the subject matter of the inquiry, that being only as to the cause of the death of the deceased. MR. JUSTICE LAWRANCE considered the evidence admissible.
CHARLES PHILLIPS . I am a baker, of Walton, near Bridgwater, near the village of Ashcot, Somerset—from 1864 to 1870 I was in the employ of young Mr. Puddy—at that time I knew a young fellow named Albert Woodland, a plumber and glazier; he was a young fellow about twenty, and lived with his father and mother about one hundred yards from Mr. Puddy—I used to see him frequently, and talked to him—I never went about with him; I frequently saw him—I have been in the house; I used to see him in the village street—I continued working for Mr. Puddy till 1870—Albert Woodland was then in the village—I have a particular reason for recollecting him in January, 1870—he then started at quackdoctoring; he had pamphlets printed, and professed to cure particular complaints—I have not seen him since till I saw him in Court—I left Ashcot in 1870—he never told me that he had been in America; he never showed me this diploma, or told me that he had been at the Eclectic—he was never absent from Ashcot for three years, or any part of that time—I was at the South-Western Police Court at one of the adjournments; I was brought there by Inspector Reynolds, and I there saw the prisoner, and recognised him as Albert Woodland—I have no doubt of it.
Cross-examined. I am now forty-seven years of age—I knew him from 1864 to 1870; I was fifteen in 1864; I last saw him in 1870—when I saw him at the Police Court he was in the dock—the police did not point him out—the name I knew him by was Albert Woodland—he lived just above my master's house, with his father and mother—he had two brothers, William and Joseph; I knew them—I have seen them within the last seven or eight years—I am sure the prisoner is Albert—I don't know how the police found me out—Inspector Reynolds came to my house—I had seen portraits of the prisoner in an illustrated paper before I identified him.
Re-examined. The sketch I saw of the prisoner was about three months ago—I recognised it.
HENRY HUAKER (Police Sergeant). I am a native of Chap wick, Somerset, which adjoins Ashcot—I left Ashcot in 1870; I was then about eighteen—I knew Albert Woodland; he would be about eight or nine years older than me—he was working with his father when I knew him first, in my village—he was then about fifteen or sixteen; that was while I was at school; I knew his family, but I knew the prisoner better; he learned his trade in the village, about five yards from my door; I might have seen him forty times a day, when I went to school, which was about eighty yards from where he learned his trade—he was not away from the place
for three years in that time—I never heard of his going to America and taking degrees there; he used to be picking various kinds of herbs and roots.
Cross-examined. In 1870 I was a farm labourer, working for Mr. Dibble—the prisoner worked at his trade next door to where I lived; our out-houses were connected with the plumber's shop—I left off being a farm labourer in April, 1870; I came to London and joined the force I believe in 1872—I saw him in 1870, not since, to the best of my belief—I knew his brothers; they both went away—I am prepared to swear that this is Albert Woodland—I swore at the Police Court that his brothers went away, to the best of my belief; I would not swear that any of them went away; I was not asked the question—I did not know the brothers as well as I knew the prisoner; I would not swear which was the eldest; there was not much difference between the prisoner and William; they were not alike in face; I should not think there was more than two or three years between them; William worked in a different village—the youngest was only eleven—the prisoner was then about twenty-six or twenty-eight, when I was eighteen—the youngest would be about thirty-six now—I am prepared to swear that this is Albert, and not William—I have not seen William since 1870.
WILLIAM JAMES DANIEL . I live at Victoria Place, Battersea Park Road—in February, 1894, my wife was alive, and suffering from cancer—I heard of a Dr. Ferdinand; that was the prisoner—he attended my wife from September 1st to the end of 1894—she died on January 8th, 1895—another doctor attended her for a day or two before her death—he was called in the night before—he declined to give a certificate of death, consequently I went with my son to the prisoner to get it—I told him what I had come for—he said he could not give us one then; he would forward it next day—I said I wanted it then—he said he could not find his forms—he looked among his papers—he got a piece of paper, and wrote this certificate. (This was signed "Albert Woodland, M.D., U.S.A.") My son called his attention to the name, and the prisoner said, "That is my right name"—I took the certificate to the Registrar of Deaths, and registered the death.
Cross-examined. The prisoner made no charge for the certificate—he did not tell me that he practised in both names, Ferdinand and Wood-land—I did not ask him.
WILLIAM SAMUEL DANIEL . I am the son of the last witness—my mother died of cancer; she had been attended by Dr. Ferdinand—after her death I went with my father to the prisoner to get the certificate—it was signed "Albert Woodland "—I called attention to the signature, and said it was not the same name as in the advertisement—the prisoner said that was his right name.
GEORGE WILLIAM YOUNG . I am a printer, at 82, Bridge Road West, Battersea—I know the prisoner by sight—in December, 1894, I printed for him 10,000 leaflets, similar to that produced—they referred to J. Ferdinand, Esq., M.D., Ph.D., L.L.D., Pennsylvania, U.S.A., soliciting funds for the erection of a "London hospital."
THOMAS LEA . I am a lithographer, of 74, Queenshead Street, Islington—I was in the employment of Mr. Daniel James, lithographer, of Barbican—at "the time of the inquest being held this diploma was brought
to Mr. James's place by the prisoner—I saw Mr. James hold it up and examine it, and I heard him say, "You have been endeavouring to clean this out yourself, to take the name out"—when Mr. James held it up I could see it quite distinctly; there was no name there, but there were tracings of a name having been there—I saw the name "J. Adolphus. Ferdinand" put in there—Mr. James put it in at the time I was there it was sent for—I do not know who came for it; it was while the matter was under inquiry—there were other diplomas in the place at the time waiting; the person who came for it paid 5s. for the work that was done—Mr. James took the other diplomas away.
Cross-examined. I was employed by Mr. James for about eighteen month s—I knew the sort of business he was doing; he is a respectable lithographer—other diplomas were brought; the messenger asked if the diplomas were there—they were to be filled up for doctors—I am a toucher-up of diplomas—that is not my speciality; it may be Mr. James's speciality, it is not mine; he is a lithographer—he has diplomas brought him to fill in by the persons who brought them to be filled in—I never filled them in—I did not know the seriousness of filling in these diplomas—I am still with Mr. James—it seems to me now that he has done wrong—besides touching up the name, he filled another name in—he must have done more than touch up the name—I have heard that he swore before the Coroner that all he did was to touch up the name—there was no name visible before he touched it; there were little marks badly taken out of an original name—I saw the diploma on the bench—I did hot take it in my hand; I examined it—I should say it was two days in the room—Mr. James took out the old names; the slight signs of a name—there are still marks of a name having been there previously—I don't think Mr. James is here; I don't know.
Re-examined. Pumice-stone is used to prepare a surface to write on—I saw Mr. James using pumice-stone to get the marks more clearly out.
JAMES PARRY . I am a lithographic artist, of Liverpool Road, Islington—I know the last witness; we have worked together for years—I saw this diploma about five weeks ago at Mr. James's office, at Barbican—I saw Mr. James working on it; he was pumice-stoning it, for the purpose of getting a proper surface to put a name in; I suggested that he should use cuttlefish for the purpose—there was no name; there were some scratches or marks—I saw the name filled in afterwards—Mr. James made it "Ferdinand."
Cross-examined. I am now working at home for myself, in no one's employment—I went to Mr. James to see if there was any work about; I was slack at the time—I examined this diploma—cuttlefish and pumice-stone would be used to clean up a diploma.
EDWARD BIGGS . I keep a shop at 26, Tysoe Street, Battersea—I am a friend of the defendant's; I have known him some time—I was at the Coroner's Court on October 14th, just after the inquest—I saw the prisoner there—he gave me a note, and asked me to take it to Daniel James to get his diploma, and bring it to the Coroner next day—I went to Beech Street, Barbican, saw Mr. James, paid him 5s., and got the diploma—on the 15th I took it back and tried to find the Coroner—I could not find him, and I went again on the 16th—I had not seen this diploma before.
ALFRED GEORGE BATEMAN . I live at 49, Bevonshire Street, and am secretary of the Medical Defence Union, Strand—I am also a duly qualified medical practitioner—I produce the English Medical Register of 1896—there is nobody registered there as John Woodland, or A. A. or J. A. Ferdinand—if a person once has his name registered, it would continue to appear until removed by death or improper conduct—in the Register there is also collected the foreign qualifications recognised in England.
Cross-examined. It does not contain the names of the practitioners in America; I have a book here which does contain it.
FRANCIS JOSEPH BEBMAN . I am publisher of medical works in Adam Street, Strand—from 1874 to 1889 I resided in the United States—from 1887 to 1889 I was connected in business with medical publishers in America—lam quite familiar with American degrees—there is a well-recognised book, published in America by Mr. Cook, called the Medical and Surgical Register—it is accepted as an authority there—from my knowledge derived from my residence, and the position I occupied in the United States, I can say there is no such degree as "M.D., U.S.A."
Cross-examined. There is a good deal of the degree of "M.D." in America—an "M.D." would not describe himself in America as an "M.D. of England," nor in England as "M.D. of the United States."
THOMAS HENRY GURRIN . I practise as an expert in handwriting at 59, Holborn Viaduct—the diploma produced has been submitted to me for examination by the Treasury Solicitor—I have examined it—it is apparently printed on parchment—the names "Adrian, Albert, John, Adolphus, Ferdinand," have been written in—Ferdinand and Adrian have been written on the clean parchment, and the other names over an erasure—the six lines at the bottom, headed "Faculty," commencing with the name of "John Buchanan," and which appear to be signatures of persons with their qualifications, in my opinion, are written by the same hand, as well as the signatures of the persons describing themselves as "secretary" and "president"—on the seal of the college is "Eclectic Medical College of Pennsylvania, incorporated 1850," and inside are the subjects, including Thompsonnia, Allopathy, Homoeopathy, and Hydropathy (I cannot see them all), and in the centre is "Eclectic," and the rest of the signature.
Cross-examined. I am not short-sighted, but the thing is indistinct, so that I have a difficulty in reading it—I did not devote much time to the examination—I did not give evidence on the Parnell Commission; I do not know why—I have not been wrong once on any trial this year, to my knowledge—it is not my general experience to find the Jury decide against my opinion; that has been very exceptional—I do not remember more than four or five occasions where the Jury have been against me—I have no doubt the writing of the signatures is the same as that in the document I base my opinion on the similarity, which is obvious—I do not recognise the characteristic of American writing here—the ink is the same throughout, but some lines are written darker and heavier than others—it does" not look as if it was written within the last ten years—I see it purports to have been signed in 1869; I do not see any grounds for the theory that it was not written in 1869—the similarities in the signatures are: in the final "k" in "Ollenback"; in the third line, in coming down the pen goes a little to the right, and there is a little nick in the top which I find exactly, only in a more emphasised
form, in the word "Clark" in the next line—the "C" in "Clark" in line 4 is almost identical with the capital "C" in "Cochrane," and the capital "C" in "Chemistry" in line 6, and with the "C" in "Clothier" on the other side—there is much character in the letter "C," which depends upon the ingenuity of the writer and his habit—the capital "D" in "M.D." in the first line is similar to the "D" in "M.D." in the second line, and to the "D" in the abbreviations in the third line, and the "D" in the fourth line before "Professor,"; and again on the fifth line I find dissimilarities; many very likely.
Re-examined. The similarities are obvious to anyone.
GEORGE WILSON CAMERON SHIELD . I was the proprietor of the West Middlesex Advertiser—the prisoner inserted the advertisement "D" in my paper in 1895—this is a portion of the proof—he paid me £25 for advertising for three months. (The proof being read, stated that Mrs. Holliday, wife of a bricklayer, had received successful treatment, and to give skeptics opportunity of inquiry, and to show that Ferdinand was no quack, consultations could he had free of charge at 191, King's Road, Chelsea.) To the best of my belief, the copy is the prisoner's writing.
WALTER GEORGE CHAPPLE . I am a butcher, of High Street, Lindhurst—I am a native of Ashcot, Somersetshire—I know the prisoner as Albert Woodland—I knew the prisoner there—I was in Swindon from 1885 to 1895—the prisoner, as Albert Woodland, was the proprietor there of "Moon Sweet Bitters."
Cross-examined. I am thirty years of age—I saw the prisoner at Ash-cot from when he was a child till he was seven or eight years of age—his brother Joseph worked for my father—I knew his brother William, who left Ashcot when I was at Swindon.
WILLIAM REYNOLDS (Police Inspector V). I was present at the inquest held on Sophia Louisa Holliday on October 14th, 22nd, and 28th, and September 4th—I saw the prisoner examined as a witness—after the Jury had given their verdict he was given into custody—he was taken before the Magistrate at the South-Western Police Court the following and subsequent days, and in the result he was committed for trial—I procured this certificate of birth (of Albert, son of Henry Woodland, plumber and glazier; born March 25th, 1846, at Ashcot).
Cross-examined. I know his brothers William and Joseph; I have not subpœnaed them.
The Prisoner's statement before the Magistrate was': "I reserve my defence; I call no witnesses here."
GUILTY .— Twelve Months' Hard Labour.
GUILTY .— Three Months' Hard Labour.
MESSRS. C. F. GILL and E. PERCIVAL CLARKE Prosecuted, and
MR. BIRON Defended.
there as A lodger—the house belonged to myself and daughter—after that we went to live in Goldhawk Road, and after that at Brixton—part of the furniture in the house was on the hire system, not all, a part that was hired on the prisoner's account, not mine—in July, 1394, the prisoner was arrested, and was sentenced to three years' penal servitude—after he was sent away the furniture on the hire system was taken away—after that we went to live at different places, until we went to live at 14, Linom Road—before going there we lived in Bonham Road—my daughter used to write to the prisoner while he was in prison, but not for the last six months—on October 31st he came to Limon Road, after being released from prison—I opened the door to him—at first I did not know him—he said, "Don't you know me?"and then I knew his voice—my daughter came in in about a quarter of an hour; she was rather upset—the prisoner stayed at the house after that—he was very civil and kind—he did not talk much—I never knew him talk much—he moved some of the furniture from downstairs upstairs to his wife's work-room; she worked as a dressmaker—I remember the prisoner saying to me, "Do chemists sell poisons without a label?"—I said I thought not—nothing more was said on the subject—he never said anything to me about borrowing money on the furniture—he said he should sell the chairs in the front room next week—I said, "Henry, I can't see how you can sell them; I have been the landlady eighteen months; I think you are in my debt"—he said, "I shall see next week;" that was all that was said upon the furniture—I never saw this agreement (produced)—it is in the prisoner's writing—I know nothing about his inquiry for other houses—on November 8th, the day before this assault, I do not remember anything being said about his going out for a walk with his wife—he was very quiet that day. nothing at all unusual; he was looking at the paper; his wife asked him to take a little walk with her, and they went out for half or three-quarters of an hour; they went out together, and came in together—he and his wife slept in the back room, first floor, and I slept in the front—on the Sunday night I went to bed first, as I generally did; I left them downstairs—in the night someone jumped out of bed very heavily in their room; it shook the floor; I don't know which it was, him or her—in the morning my daughter came into my room; she always came in to me the first thing—she went down to get breakfast, and then brought me a cup of tea, and when she came up the second time she said to me, "Mother, I have had something in my tea, the same as you had last week"—she looked dreadful; I drank some of my tea, and I felt the same—she said, "I must go downstairs; I shall be sick," and she went down—I was sick—that was about twenty minutes or a quarter to eight in the morning—I got up, and went downstairs—before I got to the bottom flight I heard my daughter screaming dreadfully, and I could hear the blows—I got downstairs into the passage—I looked into the cellar, and there I saw the prisoner beating my daughter—I did not know what to do, if I went down I could not get back—in the meantime the prisoner came up the steps and floored me down at the top of the cellar, in the passage—I put up my hand to save myself, and he beat me down, and I lost my finger—he beat me in the head, and I was in the hospital for three weeks—there was a coal hammer
in the cellar—he had in his hand this hammer, which is a different one to that in the cellar, which was a larger one—at this time he was afraid of somebody coming to take him away—on one occasion he said he was going to give himself up to the police, and he went out to do so, but he returned again—he once came in with a large bundle of old newspapers—I don't remember telling him to go and lie down, as he looked so very queer; his wife may have said so—I said nothing to him—about that time I had arranged to go and visit some friends at Derby—my daughter asked me to stop with her, but I could not; I had packed up my things—I did not notice that he was more than usual in ill-health—I think he remains in the house more than usual—I think he said he had taken another place—he was released from prison on the last occasion on October 31st—he had written to say that he was coming home, and we expected him—then was no ill-feeling when he came that I was aware of; he was very quiet in his manner—he seemed anxious, as he said, to make a fresh start—on Sunday, "November 8th, he had nothing to do; he was looking at the paper—he took no notice of anything all the evening—he had the paper before him on the table; he was spoken to, but never answered—his wife asked him to go out for a walk, and they went out together—when she came back she said nothing about his behaviour. while they were out; she got him some supper, and he ate it—I gave evidence before the Coroner; what I said there was true—at supper he sat by himself in a part of the room; neither his mother nor I took any supper, only him—I don't know that he refused to come and sit by the fire; she put a chair for him—when he jumped out of bed it was in the dead of the night; it made a tremendous noise—I heard nothing after that; all was quiet till my daughter came to my room—the next I saw of the prisoner was when he rushed upstairs and struck me.
Re-examined. I remember his being convicted at Wakefield; he was not married then—he came back and lived with me and my daughter—I fancy there were more convictions against him, but I never heard of it—I don't remember it—when he was living with us in Goldhawk Road he was afraid someone would come and take him away, to arrest him; we did not know what it was for at the time—I remember the last time he was convicted; it was for stealing a pony and trap—that must have been six or seven months before he was convicted—he was not convicted till June or July, and he had stolen the pony and trap at the beginning of May—we were then living in Goldhawk Road—the police came there for him, and he escaped away—when he came back he did not say anything about his licence; he was not particularly anxious—he said he must try a fresh start, and he must be very careful how he acted, and what he did—I don't know what he did with the bundle of newspapers that he brought, home—when I first knew him he represented himself as a traveller—when he came home, this last time he said the furniture looked very nice, that we had a very nice home; he was very pleased to see such a comfort-able home—I told him his wife had worked very hard indeed to help keep such a home, and I kept things together myself.
HARRIET PLUMMER . I am the wife of Jacob Plummer, of 12, Linom Head—about half-past eight on the morning of November 19th I was in ray kitchen, next door to Mrs. Locke—I heard her calling out "Murder?'—I could hear every sound plainly in the next cellar; there is only a brick
wall between—I went out and found Matthews, the milkman, and went with him to the door of 14—he knocked at the door, and called out, "What are you doing?"—I looked through the glass of the door, and saw two persons in the passage, near the kitchen door—the man came up to the door, and did something to the bolt; Matthews went and fetched a police-man; I waited about, but heard nothing more; I went back to my house—shortly after I heard a noise at my door; I opened it, and found the deceased there; she was covered with blood, and was bleeding from the head—I took her indoors, and sent for a doctor—when I went out I saw Mrs. Locke in the passage of her house, trying to get to the front door—the doctor and the police came, and the women were taken to the hospital.
Cross-examined. I did not see or hear any more blows after the man came to the door.
SAMUEL MATTHEWS . I am a milk carrier, of 137, Landor Road, Stock-well—on Monday morning, November 9th, about half-past eight, I was going my rounds, and on getting near 14, Linom Road Mrs. Plummer spoke to me, and I went with her to the door of 14; I heard faint cries and groaning—I knocked at the door, and halloed out, "Milk" in the usual way; I call there every morning—I got no reply—I heard groans a little louder than before, and I banged at the door—I looked through the glass of the door—the knocking in the cellar ceased as I banged at the door again; I saw the shadow of a man coming from the coal cellar, and, as I looked through the glass, I saw him striking somebody three or four blows, apparently by the kitchen door—the old lady was in a crouching position; I saw enough to make me sure that something was wrong, and I called out, "Stop it; I shall know you again"—the man came to the door, and, as I thought, bolted the door—I kept knocking as loud as I could, and he stooped and bolted the door at the bottom, and then stood up, and bolted the top bolt; that man was the prisoner—I called to a man who was passing to break in the door; he had not time to stop—I saw a man in Acre Lane, and I ran to him, and then came back, and found Mrs. Brown in the passage next door.
CHARLES RUSSELL (592 W). On the early morning of November 9th I was called to 14, Linom Road by the last witness—I found the deceased and an old lady; they were taken to the hospital—I sent for Dr. Barrie.
TOM MARSDEN (283 W). I was called to 14, Linom Road on the morning of November 9th—I saw the two women, who were removed to the hospital—I entered the house; I found the floor of the kitchen covered with blood, and various ornaments strewing the floor of the kitchen and passage—on searching the kitchen I found this hammer, covered with blood and hair, on the kitchen table.
ABRAHAM MUPFETT (158 W). I went to this house on November 9th; I found the door of the first floor back room locked—I forced it; it was barricaded inside with furniture—on entering I found the prisoner lying on the floor, near the bed, unconscious—he had his shirt and trousers on; his shirt was unbuttoned—I found seven wounds in the region of the heart—this knife was lying by the side of him, with blood upon it—Dr. Barrie was called, and he was afterwards taken to the hospital.
14, Linom Road to St. Thomas's Hospital; he was unconscious all the time—he made no statement.
JOHN BARRIE , M.D. I practise at 77, Bedford Road, Clapham—on November 9th I was called to 12, Linom Road—I found the deceased, Fanny Brown, suffering from a number of contused and two lacerated wounds—I dressed them temporarily, and she was removed to the hospital—I also saw Mrs. Locke, who had wounds upon her finger, and her finger was crushed—the wounds on the wife and the old lady were such as could have been caused by this hammer—I subsequently saw the prisoner at No. 14; he was unconscious, and suffering from severe stab wounds in the region of the heart—the wounds did not seem very deep; they required force—there was not sufficient force to penetrate the cavity of the chest—they were such wounds as would be caused by a knife like this (produced)—I dressed the wounds, and he was removed to the hospital.
Cross-examined. From what I saw of the injuries to Mrs. Brown, great violence must have been used; great and repeated violence—I have studied the question of insanity professionally—if there has been insanity in a father there might be predisposition to it in the son—if other members of the family had suffered the tendency would be increased; it might remain latent for a long time—it might be produced by various causes—mental worry is a recognised exciting cause of insanity—probably the same causes as brought it about in the father would bring it out in the son—it is common for insane people to have delusions—it is not unusual for the patient to imagine he has been treated improperly—it is a common symptom of some forms of insanity to fancy things have been put in the food, that people are grinning at them, or following them—the presence of such symptoms would cause one to suppose that the person was developing insanity—change of manner is a symptom also—refusing to speak when spoken to—pains in the head or sleeplessness might be but not necessarily—a symptom of predisposition after an accident would be noted—there is insanity of the mind and of the will, and sometimes both com-bined—impulsive insanity is a recognised form—I know Dr. Luff's name—I studied under Dr. Clouston—Dr. Luff, the author of the text-book of "Forensic Medicine and Toxicology," is a recognised authority—he is described as a physician, a lecturer on Medical Jurisprudence and Toxicology in St. Mary's Hospital, and Examiner in Forensic Medicine in the University of London and in the Victoria University, and Official Analyst to the Home Office—I agree with what he says in his book: "The term impulsive insanity is applied to a mental disorder in which the patient is driven by a morbid and uncontrollable impulse to the commission of acts of violence, the reason being for the time overpowered "; and "The states of morbid impulse may be momentary or constant"—a man may have insanity of the will one moment, and be perfectly sane shortly afterwards, within a minute—the impulse is frequently directed to those dearest to the affected person—it is possible for the insane to have no recollection of his violence; that he had committed a murder—it is not uncommon to find homicidal mania accompanied by a suicidal tendency.
Re-examined. The unconsciousness of the prisoner was the result of self-inflicted wounds and loss of blood—I had no opportunity of judging of his insanity; I saw nothing of it.
JAMES SMITH . I am house surgeon at St. Thomas's Hospital—the deceased was admitted on the morning of November 9th—she was semi-unconscious, and suffering from a, number of contused woundson the forehead and face, the wounds taking a right-hand direction—they must have been inflicted with considerable violence—they might have been caused by a weapon like this hammer—the skull was fractured on the right side—she was more or less conscious on the Monday, but relapsed into unconsciousness—she was taken down to the theatre, and her wounds well washed, but nothing was done to the scalp—there were twenty-four scalp wounds—the fracture of the skull was the result of one blow, and was the cause of death—she died on November 15th—I saw the prisoner; he was not under my charge—he remained a patient till November 25th.
Cross-examined. I have studied the question of insanity—there is impulsive insanity—I have had no experience in the treatment of insanity.
Re-examined. The prisoner was under the charge of Dr. Fraser.
ALBERT FOSSEY (280 L). I was at St. Thomas's Hospital from the time the prisoner was taken in until November 25th, keeping observation upon him, subject to being relieved from time to time—part of the time he was unconscious—he became conscious, and could speak—he talked, and appeared to be very cheerful at all times—he never made any reference to what had taken place—he usually read a book, or chatted at times—he did not speak to the other patients, but to me.
JAMES MACKENZIE (150 L). I assisted in keeping observation on the prisoner from November 12th to 15th, when he was arrested—he asked me how his friends were getting on—I told him they were getting on all right, and he seemed pleased at that—he seemed all right—I looked after him in the daytime—he never mentioned anything else than about his friends arid general subjects.
ISRAEL BEDFORD . On November 25th I arrested the prisoner at St. Thomas's Hospital—I told him I was a police officer, and should take him into custody, and he would be charged with murdering his wife, Fanny Brown, and attempting to murder Mrs. Locke, and with attempting to commit suicide—he said nothing—I took him to Lambeth Police Court, and charged him—the charge was read over to him—he made no reply.
SARAH LOCKE . I am the sister of the deceased woman, Fanny Brown—after her death I went to 14, Linom Road, and removed the furniture—on inspecting the room I found these three documents (produced; see the evidence following)—the agreement is the prisoner's writing.
Cross-examined. The furniture belonged to my mother.
ALFRED SMITH . I am an auctioneer, of Laurence Pountney Hill—I received this letter of November 5th from H. Brown, 14, Linom Road, Clapham, and answered it by mine (produced) of November 5th. (The letter asked for terms of a loan on a bill of sale, to be repaid in twelve months, and the reply was that the witness would be pleased to advance £30 if the security was good enough. The agreement referred to teas for taking over the furniture.)
"Henry Brown, builder, contractor, decorator, Clapham," and is, "Dear Sir,—Will you please send me a list of houses you have to let near Honor Oak Park "—I did not see my correspondent. (Sarah Locke identified this letter as the prisoner's writing.)
RICHARD ALLAN (Inspector W.). I was at the Police-court when the prisoner was brought in and charged—he made no statement—the prisoner's last conviction was on July 23rd, 1894, of an offence committed n February 19th, 1894—the officer is here.
Cross-examined. There has been no conviction for violence.
Re-examined. The prisoner was unrepresented before the Magistrate—he made no statement, and called no witnesses.
JAMES SCOTT . I am medical officer of Her Majesty's Prison, Holloway—the prisoner has been at the prison from the time of his arrest on November 25th till the present time—I have seen him almost daily—I have had several interviews with him—he has conducted himself in a quiet and proper way all the time—he has taken his food fairly well—I believe he has slept fairly well, as a rule—I could not detect any delusion.
Cross-examined. I saw him first on November 26th—there may have been insanity on November 8th—I know Dr. Luff's well recognised work on insanity—I agree that not infrequently the acts of impulsive insanity are directed towards people with regard to whom in their right mind the patient would have feelings of affection—I was in Court when Dr. Barrie gave his evidence—I agree with it—I agree that," in endeavouring to estimate the responsibility of such a person for an act of violence, a careful inquiry must be made into the past history of the person, and also into that of his relatives. The act itself, and the manner of its commission, must also be taken into consideration "—in considering the act itself, one first considers whether there was motive or not; also the way the act was done, and whether it was done in such a way as would ensure detection, and considerations of that kind—also the fact whether unnecessary or outrageous violence was used—having the considerations you have referred to in my mind, I kept the prisoner under careful observation whenever he spoke of his life, with a view to find out anything that would throw light on or explain the crime for which there appeared to have been no motive—what he told me was told voluntarily—he told me he believed his father died in an asylum, but he was uncertain as to the date—as far as his recollection went, he thought his father had shown violence at the time, especially when worried about business matters—he told me his father's insanity had been brought about by worry and anxiety of mind, that his father had been confined at Colney Hatch, and that he had taken his father from there—he believed his father had died in an asylum—he had no definite recollection of the mental condition of his other relatives. (Read from the witness report: "Mother not very good health, but no mental affection.") He could not give any statement as to that—after the prisoner's statement, I believe inquiries were made at Colney Hatch—I am told that a person of the same name as his father was confined at Colney Hatch; that efforts had been made to find the asylum in which his father died, but it is very difficult to get information as to far back dates—I heard this morning that the prisoner's father died at the Caterliam Asylum—as far as I can test them, his statements made in my report
are accurate—the prisoner said the first accident he met with was to his back, but that was trifling—the first serious accident was in Wakefield Prison in April, 1893, when he told me he had some liquid caustic painted over his stomach, and that since then he had never been the name man—he said it caused him pains all over; not that it made blood run from his ears, but that he had a weakness of the eyes, and perspired in the morning when he rose—he did not tell me about people grinning and jeering at him while he was in prison—I wrote to the doctor of Wakefield Prison, under whose charge the prisoner had been—it was then brought to my knowledge that on April 20th, 1893, the prisoner had been treated with a blistering fluid on his stomach, and that on one occasion he complained of his food having disagreed with him, and I believe he was put under observation for a short time at Wakefield Prison—there was some foundation for his statement—if there had been none it would have been more likely to have been a delusion—people of unsound mind not infrequently misrepresent medical treatment—the prisoner said he thought people had watched and followed him, and he carried a revolver; that people were going to come into his house and take him away; that he started out one morning between six and seven, expecting to be taken up by the police without knowing what for; that he wandered to the City, and bought a lot of old newspapers, and took them home; and that this condition of affairs lasted for about a week, and was due to loss of property, and not to drink, as he was a temperate man—he said he had complained, when he returned from Borstall Prison in October, 1896, that he had pains from time to time—he said people followed him while he was out walking; that when he got home his friends sat near the fire, and he sat on the other side of the room; and that in the middle of the night, after Sunday, the 8th, he had violent pains in his side; that he got up and walked about till breakfast time, and that after breakfast he found himself lying on the floor in pain, with a constable standing over him, in his own bedroom.
Re-examined. At the interviews with him I listened to all he had to-say—I questioned him as far as I could without interfering with the actual offence—in June, 1894, he might reasonably have been apprehensive of being followed if he had committed a felony in February, and had not been arrested—if he was apprehended the following month, his apprehensions were well founded—the result of my interviews with, and observations of, the prisoner was that he was sane—I could detect no evidence of insanity or of real delusion.
OLIVER NAYLOR TREADWELL, M.D . I am Medical Officer of Borstall Prison, two miles from Rochester, Kent—I had the prisoner under my care from April, 1895, to the end of October, 1896—I saw him whenever he complained of being sick, which was about fifteen to eighteen times every month, at the general inspection, and every week on parade—he was a very well—conducted man—I never saw any signs of melancholia—I should not call him cheerful—he complained of pains and slight ailments, but never of anything that had no foundation—I never detected any sign of delusion—I never had any ground for supposing he was not perfectly sane.
Cross-examined. He complained during the earlier portion of his imprisonment of pains in his right ear—I saw nothing in his conduct during
his imprisonment to lead me to suppose he would commit a crime of violence.
The Prisoner: "I am not guilty of committing the offence knowingly."
GUILTY .— DEATH .
Before Mr. Recorder.
MR. ROBINSON Prosecuted.
ARTHUR EDWARD CHANDLER . On Sunday, December 6th, about one a.m., I was in East Street, Walworth, and saw a shadow on the wall; a man pulled my head back, and pulled my handkerchief off, and took it—I forced him against the wall; the prisoner and three other men were round—the prisoner said, "You call yourselves pals; why don't you put him to sleep?"—I followed the prisoner; he made a violent blow at me; I still followed him, and gave him in charge.
WALTER CHANDLER (Policeman 225). I saw the prisoner in Walworth Road early on December 6th, with a lot of people—he struck Chandler on his head, and ran round a cab—Chandler told me that he had been robbed of a handkerchief by violence, and gave the prisoner in custody—he said, "I have done nothing."
Prisoner's Defence: I saw a scuffle, and crossed the road, as it did not concern me—I spoke to a woman, and the prosecutor came up and gave me in charge—I said, "I was talking to this female half an hour ago "—I was standing still at the time.
A. E. CHANDLER (Re-examined). No, he was not—he made a blow at me, and I have hardly been able to sleep since—I did not attempt to strike you.
GUILTY .—He then PLEADED GUILTY**† to a conviction at Southward on March 27th, 1896; and two other convictions were proved against him.
Twelve Months' Hard Labour, and Fifteen Strokes with the Cat.
ADJOURNED TO MONDAY, JANUARY 11TH 1897.