CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD MAY 3RD, 1897
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ., Q.C.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
VOL. CXXVI. SESSIONS VII, TO XII.
STEVENS AND SONS, LIMITED, 119, CHANCERY LANE,
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On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
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, May 3rd, 1897, and following days.
BEFORE the RIGHT HON. GEORGE FAUDEL PHILLIPS, LORD MAYOR of the City of London; the Hon. Sir WILLIAM GRANTHAM , Knt., one of the Justices of Her Majesty's High Court; Sir REGINALD HANSON , Bart., M.P.; Sir JOSEPH SAVORY , Bart., M.P., SIR STUART KNILL , Bart., SIR JOSEPH RENALS, Bart., Aldermen of the said City; Sir CHARLES HALL , K.C.M.G., Q.C., M.P., Recorder of the said City; Lieutenant-Colonel HORATIO DAVID DAVIES , Esq., M.P., FRANK GREEN , Esq., MARCUS SAMUEL , Esq., JOHN POUND , Esq., WALTER VAUGHAN MORGAN , Esq., WILLIAM PURDIE TRELOAR, Esq., and FREDERICK PRATT ALLISTON, 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 CLARENCE HALSE, Esq.
CENTRAL CRIMINAL COURT.
PHILLIPS, MAYOR. SEVENTH 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, May 3rd, 1897.
Before Mr. Recorder.
327. JOHN MAY , to stealing a purse and key from the person of Ann Russell; also to an assault on William Gough, and to a previous conviction at Reading.— Eight Months' Hard Labour. [Pleaded guilty: See original trial image.]
330. ALBERT EDWARD HAYWARD (34) , to two indictments for stealing, whilst employed in the Post Office, letters containing postal orders for 20s. and 1s.— Nine Months' Hard Labour [Pleaded guilty: See original trial image.]
MR. SIMMONS Prosecuted.
HENRY ARTHUR MAY . I am a licensed victualler in Stoke Newington Road—on the morning of April 8th I closed the premises at the usual time, 12.30, and saw them secured—I was aroused at about 4.45—I was aroused by a bell—I went downstairs, and found a police-man—the skylight over the kitchen was broken, that looked on to the street at the back yard; the fanlight was wrenched off, and a ladder was put through inside the window, resting on the fender; the kitchen leads into the bar-parlour; the door between them had been taken out, and entry had been effected into the bar-parlour—I afterwards
examined the place, and missed four sets of billiard balls, and about 10s. in coppers, and a few stamps and a silk wrapper—on the night of the 9th I was shown the property at the station; I recognised the billiard balls by certain marks—one set was never used, and was in my writing-desk; the others were in boxes in the bar; two of those are chipped—I examined the premises; I found foot-marks in the garden next door; the ground was soft; it had only just been dug up—I called the attention of the police to the marks, and they covered them up; the boots of the prisoners were taken off, and impressions were taken of them—there was no peculiarity about the boots, except size, and one has a very high heel, at one part sloping, as in the mould—there were four impressions altogether.
THOMAS BOLTWOOD . I am a tobacconist, of 46, Stoke Newington Road—on the morning of April 8th I got up at twenty minutes to six—I noticed a ladder against the wall next door; I did not call the attention of the police to that—next morning, at eleven, Mr. May came to my place, and we examined some foot-prints near the ladder in my garden; the ground was very moist; we found the impressions of some boots; I was not present when they were made.
Cross-examined. I saw the foot-marks when I got up in the morning—I did not cover them over—there were four impressions—I only saw one boot; that was put on the foot-print.
JOHN FORD (334 J). I was on duty outside the public-house on the morning of the 8th, about 4.50; and again at 5.20, when I found the door open—I aroused the landlord and examined the premises—I found they had been entered at the back; a ladder was placed through the skylight, and the door from the kitchen to the bar-parlour was forced open, and papers were scattered about the floor; on the kitchen table I found this jemmy.
EDWARD PARSONS (Police Sergeant, J). I was on duty with Sergeant Spiller on the evening of the 9th, about half-past eight, and arrested Thompson—I said to him, "We are police officers; what have you about you?"—he said, "I have some billiard balls; the man who has just run away gave them to me"—a man had run away, and was followed by another officer—at the station, in Thompson's trousers pocket I found seven billiard balls in pieces of paper; ten altogether—some were in his left coat pocket; it seemed as if the lining had been cut away, and the balls had worked round between the coat and the lining—I was present when two other balls were found at 11, Abbot Street, Kingsland Road, where Thompson was living—I arrested Knopp at Dalston Junction about ten the same evening; he endeavoured to get away—I said to him, "Where have you slept the last few nights?"—he said, "I am not living at home now, and decline to tell you where I have slept"—I said, "I shall take you into custody for being; concerned with another man"—at the station he said, "I know nothing about it; I am innocent"—I had seen the foot-prints in the ground, and had covered them over; there were four deep impressions—I afterwards took off Knopp's boots, and the sergeant took an impression of them; I have the boots and the cast here—the prisoners at the station denied all knowledge of each other—I knew them to be companions.
Cross-examined by Thompson. You said at the station that you had
the balls to carry for a publican—I found eight in your coat pocket, and two in your trousers pocket—I was present when Roberts found the other two—there were twelve altogether—your mother was not present when the two were found; the landlady might have been.
WALTER ROBERTS (Detective, J). I was on duty with the last witness on the evening of April 9th, about a quarter to nine—I saw Thompson and another man with him—as I approached the other man he ran away; I caught him about half-an-hour afterwards, and took him to the station, and confronted him with Thompson, who said, "That is not the man; the man with me had no jacket on and an alpine hat, and said he was a publican—I said, "This is the man I saw with you, and his name is John Small"—he was detained for four hours, and then released, after inquiry—I went to Thompson's address in Abbot Street, and in the pocket of an old coat under the bed were these two billiard balls; I gave them to Parsons—I believe the landlady was there at the time, and saw me find them.
BERNARD FINUCANE (Police Sergeant, J). On the evening of April 9th I was on duty in Bowling Road with the two last witnesses—I saw Thompson leave a beer-house and meet another man—I gave a signal to the sergeants, the other man got away—I followed him, but lost sight of him; subsequently I saw him at the station—I recognised him; I knew him well—I was present when he was confronted with Thompson; he denied all knowledge of him—when the prisoner's boots were taken off, I made an impression on the soft mould with Knopp's right boot, which fitted; there is a peculiar piece of leather in it where the sole has been cut away, and there is the same peculiarity in the cast taken of the impression—I produce the boot and the cast—the left boot also corresponds with the impression—after the casts were taken I fitted the boots into the impressions, and they fitted exactly—I have seen the prisoners in company together several times.
The Prisoners, in defence, protested their innocence—
KNOPP— NOT GUILTY .
THOMPSON— GUILTY .
He then PLEADED GUILTY to a previous conviction on March 15th, 1894; and three other convictions were proved against him.— Six Months' Hard Labour.
NEW COURT.—Monday, May 3rd, 1897.
Before Mr. Common Serjeant.
334. CHARLES SMITH (21) and WILLIAM THOMAS (21) PLEADED GUILTY to unlawfully possessing twenty-four florins, with intent to utter them. SMITH— Six Months' Hard Labour; THOMAS (who had been eight times convicted)— Twelve Months' Hard Labour.
335. WALTER BARTLEY (63) , to stealing a brush, the goods of Samuel Banbury, having been convicted at this Court on September 14th, 1885; and another conviction was proved against him.— Twelve Months' Hard labour. [Pleaded guilty: See original trial image.]And
(336) CHARLES HAMMOND CROXFORD (25) , to wilfully making false entries in the books of the Gas Light and Coke Company, his masters, with intent to defraud; also to embezzling £1 2s. 5d., 6s. 8d. and 7s. 8d.; also 10s., 7s. 9d. and 4s. 1d., of his said masters.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. WILKINSON Prosecuted.
JOSEPH SIMMONDS . On April 13th, about ten p.m., I saw the prisoner in Charlotte Street, Fitzroy Square; I watched him, and asked him what he was hanging about there for; he said, "I am waiting for a man who promised to bring me some meat and bread"—I waited some time, and no one came—I rubbed him down, and found a bad florin in his waistcoat pocket, and he took another from his right-hand pocket—I said, "These are sniders"—he said, "I am sorry I touched them, if you let me go I will do you good"—I was getting him into a cab, but he kicked, and his clothes and collar were torn off—he kicked at my private parts, and I knocked him down—he was charged, and said, "Somebody must have got them, then; I have not got them"—he was committed for having them in his possession, with intent to utter them—it took four constables to take him to the station; he was like a mad man; he had been drinking.
PAUL SCHMIDT . I am a warder, of 4, Wardour Street, Soho—I knew the prisoner for a fortnight before his arrest, but not to speak to—I saw him two or three times in a public-house in Charlotte Street, Fitzroy Square—on the day he was arrested I met him in Charlotte Street, and he offered to sell me a ring for 4d.—I said I had no money—I saw him afterwards in Charlotte Street, and he paid me, and showed me five florins in a piece of newspaper, from his left coat pocket, and said he would take 1s. 8d. for the lot—I counted them; two were bright and three dull; I could see that they were bad—I asked why he made them, so black; he said, "To pass them," and that he would get me more every day, but I refused to buy them—he said that he wanted a clean shirt and collar from me, because he wanted to pass the coins—he talked in English—he said that I must not tell anybody about it; I must keep it to myself—he said that he asked me to go, as I was better dressed than him, I refused, and he should like me to pass "them at shops where girls were, because they would not notice so much.
The Prisoner produced a written defence, stating that Schmidt had been convicted, and had nine months' hard labour, and lived with a prostitute for whom he had bought the ring.
GUILTY .—Three previous convictions were proved against him.— Six Months' Hard Labour.
OLD COURT.—Tuesday, May 4th, 1897.
Before Mr. Recorder.
338. ROBERT THURGOOD (32) PLEADED GUILTY to two indictments for stealing bankers' cheques for £321 17s. 6d. and £96 3s., the property of Julian Josephs and others, his masters. He received an excellent character— Ten Months' Hard Labour.
MR. C. F. GILL Prosecuted, and MR. PURCELL Defended.
GUILTY — Judgment Respited.
MR. WARD Defended DAWSON, and MR. BARCLAY Defended BUTCHER.
WALTER ROBERT JIGGENS . I am a member of the firm of W. and H. Jiggens, meat salesmen, of the Central Meat Market—Dawson was employed by me two or three months till shortly before March 27th—I knew Butcher by sight as a person employed in the Meat Market—on Saturday, March 27th, I left my shop about eleven a.m.—a salesman, Barnard, was left on the premises alone—the unsold meat was weighed, and put at the back of the shop—on Monday, 29th, I arrived at four a.m.—I missed a top piece and rump—they weighed about 120 Ibs., and were of the value of £3 10s. to sell to the trade—there'was no trace of their having been sold—I communicated with the police, and on Tuesday, 30th, the chief constable saw Barnard—I have not seen or heard of Barnard since—I have tried to trace him.
JAMES HUGHES . I am a meat salesman in the Service of Messrs. Jiggens—on Saturday, 27th, I remained on the premises till twelve—I saw the top piece and rump of beef hanging up at the back of the shop, with other meat, when I left—I was the only person with authority to sell, when I give a ticket with the meat—Dawson had been in our service, and would be quite well acquainted with that practice—on Monday, March 29th, I called Mr. Jiggens's attention to the fact of the meat being missed—the top piece would be worth 51/2d. to 6d. per pound, the rump 10d, to 101/2d.
HENRY CORNELL . I am meat carrier in the Metropolitan Meat Market—I knew Butcher when he kept a butcher's shop at Loughborough Junction—he now lives in a private house in the Milkwood Road—on Saturday, March 27th, about 10.30 a.m., he asked me if I would take a top piece and rump to his house at Loughborough from Messrs. Firmin and Woods—that is the name by which Messrs. Jiggens are known—I said, "Certainly, there is a cart going to them"—he said it would be ready in about two hours, and he went away—this conversation was at our usual stand in the market, about twenty yards from Messrs. Jiggens's premises.
Cross-examined by MR. BARCLAY. Coglan is in our employ as porter—he was not with me when Butcher spoke to me.
Re-examined. I left my brother in charge when I went away.
Saturday, March 27th—he said there was a top bit and rump at Firmin and Wood's to be fetched—Mr. Cornell, the brother of my employer, told me to go and fetch the meat—as I went to Mr. Jiggens's premises to fetch it, I asked Butcher where it was going to—he said, "To Butcher's"—we went together into Jiggens's first shop, and Butcher said, "Half a minute; wait here a minute"—I waited, and he went down to the bottom of the shop—then he called me, and I went to get the meat, and saw Butcher and another man, a scalesman, and the meat was on the ground, as if it had been taken down from somewhere—then a man came downstairs, and said, "Now then, what is the matter? Who is this for?"—the scalesman said, "It is all right; they have had this piece out wrong," and this man was asked to give a lift up with the meat on to the hook again—Butcher said to me, "Go and tell Mr. Cornell it ain't coming"—I went back to Mr. Cornell.
Cross-examined by MR. BARCLAY. The man who came downstairs asked me what I wanted, and I told him, and we all went into the other shop together—I do not know the man—I was in the shop with Butcher about five minutes.
Re-examined. As the man came downstairs I thought he had something to do with the shop.
JAMES WASTALL . I am a meat carrier—Dawson came to me between 1.30 and two p.m. near the west gate of the Meat Market, and asked if I would take a top piece to Brixton—I said I would, and sent my man, Tyler, to fetch it—Dawson gave the carman the address—in a few minutes my man returned, carrying a top piece and rump of beef, and put it in the cart—Dawson paid me for the carriage, and walked away with Tyler, when they were joined by another party I do not know.
Cross-examined by MR. WARD. I knew Dawson by seeing him in the market—I have been in the market some years—it is not unusual for one butcher to bring a message to another to carry meat—it happens frequently.
By the COURT. It is not usual for one butcher to pay for another butcher's meat being carried.
HENRY JAMES TYLER . I am a porter in the Meat Market, in the service of Mr. Wastall—on Saturday, March 27th, I was sent by Mr. Wastall to fetch a top piece and rump of beef—I heard Dawson give the order—I went with Dawson to Jiggens's shop; I asked Dawson where it was, and he pointed to it on a scale at the right-hand side of the back shop—Dawson went in with me, and helped me with the meat off the scale, and out of the shop—another man was there I only know by sight—we took the meat to the cart, and were joined by Butcher—they gave me the address, 58, Milkwood Road, Brixton, to take the meat to—they first asked me to have something to drink, and took me to the New Market Hotel—they came out of the hotel first, and I followed them a minute or two after-wards—as we were leaving Butcher asked me what time I should get to the house—I said about three, and left him—I got to the house about three p.m. and took the meat to the back kitchen—it was a private house—just as we had got the meat from the cart, and I was about to drive away, Butcher came up and said, "You are here first?"—I said, "Yes," and he went down the area steps, where I delivered the meat—I did not see Dawson again till Saturday, April 10th, at Loughborough
Junction, waiting for a train that was going to the City—Loughborough Junction is Butcher's proper address.
Cross-examined by MR. WARD. Butcher paid for the drink—I did not see money pass between him and the other man.
Cross-examined by MR. BARCLAY. Butcher was not the worse for drink—I did not notice it.
FREDERICK RIDLER . I am a butcher, of Milkwood Road, Loughborough Junction—I know Butcher, who lives in a private house in the same street—on Saturday, March 27th, he came to my shop about 4.30—I was having my wash, and I asked him what he wanted me for—he asked me if I could do with a rump of beef—I said, "No"—he said,"There's no harm done"—I said, "No. Good afternoon"—he went away, and I finiished washing myself.
Cross-examined by MR. BARCLAY. No price was mentioned—I have known him five or six years—I have never known anything against him before.
CHARLES JOHN PARKER . I am a printer, of 28, Milkwood Road, Lougborough Junction—I know Butcher as a neighbour—on Saturday, march 27th, he came to me between three and four p.m. with a large piece of meat, which he told me was a rump of beef—it was about 30 lbs. to 33 lbs.—he wanted me to buy it at 7d. a lb.—I did not buy it.
Cross-examined by MR. BARCLAY. Butcher is a married man with, I think, eight children—he has borne a respectable character, as far as I know.
EBENEZER MEARS . I am chief constable at the Metropolitan Meat Market—I was informed of the loss of this meat on March 29th—on Tuesday, 30th, I saw Barnard, who was employed as salesman by Messrs. Jiggens, and took his statement—I have not see him since—I have looked after him—in consequence of information I had on'Monday, April 12th, I went to 58, Milkwood Road—Butcher was not in—after two hours I went a second time, and found him—I said, "My name is Mears—I am head constable at the Meat Market; are you Butcher?"—he said, "Yes"—I said, "I have come to see you about a top piece of beef that was stolen on March 27th from Messrs. Jiggens"—he said,"I know nothing about the beef"—before I had finished the first sentence he said, "I know nothing about any beef"—I said, "Can you explain it to me? but before you "answer I will tell you that what you say I am going to put down in writing, and it may be used as evidence against you"—at that moment I took out my pocket-book, and I said,"It is said that you went to a man of Cornell a carrier of meat in the market, at ten o'clock in the morning, and requested him to fetch from Messers. Jiggens a top piece and a rump of beef on March 27th last"—he said, "I did not speak to Cornell that morning"—I said, "It is further said that you went to cornell again at twenty minutes past one, and said to him, 'Can you come now and fetch the top piece and rump of beef?' and that you and Coglan went to Jiggens's shop when a dispute arose and Butcher came to you, and you went to Coglan and said 'Go back and tell Cornell it is not coming now.' Have you any explanation to give of that?"—he said, "I have not been to him on March 27th, I did not speak to Cornell that morning"—afterwards he said, "I might have spoken to Cornell, but not about meat that, was wanted to be fetched
from Jiggens's that morning; I was messing and drinking about that morning; I do not recollect everything"—I said, "It is further said that a dark man went to Wastall, the carrier, and said, 'I want you to fetch a top piece and a rump of beef from Jiggens's, and that a porter of the name of Tyler went with the dark man to Jiggens's, and the meat was given to Tyler, who placed it in Wastall's cart, and afterwards the dark man came up, and you went over to the New Market Hotel, and had drink there"—he said, "I do not recollect using any meat cart to go to the house of that man"—I said, "It is further said that whilst at the public-house you said to the porter, 'You will find it is a private house, and that it was not a shop'"—he said, "I do not recollect speaking to a porter"—I said, "It is still further said that on the arrival of the porter at your house you came out, and on the porter leaving, after taking the beef to this house, you came up and said to him, 'You are here first, then?'"—he said, "Neither do I recollect on reaching home saying to anyone in charge of a cart, 'You are here first, then?'"—I said, "It is further said you went down the road to Mr. Ridler, the butcher, and offered the rump for sale"—he said, "Well, I do not know that I did; if I did I must have been dreaming"—on April 15th I saw Dawson at my office in the market—I said, "Oh, Dawson, I want to speak to you about a piece of beef and a rump it is said you took from Jiggens's and went to Wastall's, the carrier, and ordered him to fetch away from Jiggens's to go to the Milkwood Road, Brixton. Before you speak, I must tell you I shall put down what you say, and it may be given in evidence against you"—I took paper and pen, and commenced to write—he said, "I know nothing about going to Wastall's, the carrier, on Saturday, March 27th. I am sure I did not go to Wastall's. I have not spoken to him, or to his brother, for months; neither have I given Wastall any instructions to get any meat from Jiggens's for many months. I am sure I did not speak to Wastall on March 27th. I know a man named Butcher, who lives in the Milkwood Road. I did not go in the Market Hotel the day you speak of with Butcher, or with any porter. I do not think I have seen Butcher for months"—I had related to him the fact of his going with Butcher and the porter to the public-house.
Cross-examined by MR. WARD. I have known Dawson some seven or eight years in the market—he has always borne a first-rate character—I believe he is married.
Cross-examined by MR. BARCLAY. I opened the matter to him before I cautioned him, but I had not said anything to him about any beef—I said at the Police court what I have said he said now; I read from my book—my deposition was read to me, and I signed it—I did not notice anything in it different to my evidence—I mentioned Ridler as the butcher he offered the meat to.
FREDERICK PRICE . I am a constable in the Metropolitan Meat Market—on April 15th I arrested Dawson, about 1.30—I said, "I shall take you into custody for being concerned with another man in stealing a top piece and rump of beef from the shop of Mr. Jiggens on March 27th last"—he said nothing—I took him to Snow Hill Police-station, where he was formally charged—he made no reply—about three o'clock the same day I arrested Butcher—he accepted my invitation to come from Loughborough Junction—I asked him if he would come with me—he said, "Do you
I want me to come?"—I said, "Yes"—he said, "Very well, I won't be a minute," and he went and put his coat on, and came with me—he said, "What is all this about?"—I said, "It is about a top-piece of beef, and a rump, which has been stolen from Jiggens's"—he said, "It is a long time for all this to be hanging about"—at the station he was charged with stealing and receiving this meat—he made no reply to the charge.
Cross-examined by MR. BARCLAY. I do not think I mentioned to Butcher the date.
The prisoners received good characters, Mr. William Tapper denied saying to Mr. Jiggens or Mr. Mears that Dawson had, at an interview at Snow Hill, admitted being "in it" also that he had been drinking that day, or that lie was going to put it all on Butcher. Dawson did say Butcher was in the next cell, but he did not say, "Do not speak too loud."
GUILTY.—The JURY recommended them to mercy on account of their previous good characters. — Four Months' Hard Labour each.
NEW COURT.—Tuesday, May 4th, 1897.
Before Mr. Common Serjeant.
MR. PARTRIDGE Prosecuted, and MR. CALVERT Defended.
There being no evidence that the prisoner was not acting under the control of her husband, who was with her, the COURT directed a verdict of NOT GUILTY .
MR. ORMSBY Prosecuted, and MR. R. GILL Defended.
JAMES BRAY . I am a partner in the Imperial Watch Company, 41, Imperial Buildings, Ludgate Circus—the prisoner was in our service from December to March 15th, when, owing to various matters which transpired, I told him that his employment must cease, and not to call on our customers, and asked him to give me a note for some jewellery which he had left at Portsmouth, which he did—we had an account with Mr. Cook, of Enfield, which was opened by the prisoner—this watch (produced) is one which we gave the prisoner to dispose of—this writing at the bottom, "Credit on watch, 7s. 6d.; received, W.H. Nunn" is the prisoner's—this (produced) is a statement sent by the firm to Croft while the prisoner was in our employment—this is the order the prisoner handed to us: "One watch, 7s. 6d."—this is the statement we sent him—this (Another) is his writing. (This was dated April 23rd, from the prisoner to the firm, and stated: "Yours to hand; the account is wrong; as soon as you have returned my books, if there is anything wrong, I will pay it. The statement I returned to you is correct; you have probably omitted' some sales, or entered something on the other side.") The prisoner was not entitled to collect accounts on March 30th or April 30th.
Cross-examined. Edward Tucker has an interest in the firm; he is, I believe, the prisoner's brother-in-law; he was engaged by us—he was a traveller on commission, and the first arrangement was that nothing wan
paid him for expenses—I did not direct him to travel in the new invention, bicycle clips, but he was employed to get orders for them—we employed him in London first—I do not think he travelled 1,500 miles in the country—he did not tell us that his expenses were more than the commission he earned; we always sent his expenses—I did not say to him on March 15th, "You will continue to travel for us in London, where there will be no commission, and work your time out"—Mr. Tucker saw him about this account—we had not invoiced that watch to Nunn on approval; it was given to him for whoever gave him orders; he has written at the bottom of this paper, "Credit watch, 7s. 6d."
EDWIN CROFT . I am a cycle manufacturer, of Enfield Highway—I first saw the prisoner early in January, and purchased of him one watch on appro.—he said that he was selling on behalf of the watch company—he called again several times, and on March 30th this year he called to see if he could do any more business with me—I said that I had not paid for the watch, and could not sell it, and if he would take it back I would take three holders; he took it back, and I gave him 5s. for the holders; I would not have given him the 5s. or the 7s. 6d. if I had known that he was not in the employment then.
Cross-examined. He came to endeavour to sell me some cycle oil, but he did not mention it on March 13th; he called then about the watch and the holders in the window—I produced this billhead, and he receipted it—I did not ask him if he was still in the employ of these people.
By the COURT. I dealt with him as the ordinary traveller of the firm—if I had known he had left I would have had nothing to do with him, but he passed the shop several times and saw that I had not sold the goods.
WILLIAM FREDERICK BROOKER . I am a cycle maker, of 2, Reed's Place, Ilford—the prisoner first called on me in April as traveller for the Imperial Watch Company—I had purchased a watch and something else; I paid him on April 9th—he gave me this receipt—it is dated the 3rd of the third month, but I was busy, and did not notice it—I am sure it was April.
Cross-examined. He did not come to me on that occasion to try and sell some goods, but about a week before.
The Prisoner's statement before the Magistrate: "I had no intention of defrauding the firm. If Mr. Bray had issued the warrant two days later I should have paid him the money."
Cross-examined. He did not say, "Summons me, and not prosecute me."
NOT GUILTY .
OLD COURT—Wednesday, May 5th, 1897.
Before Mr. Justice. Grantham.
MR. C.F. GILL prosecuted, and MR. KELLING defended, at the request of the COURT.
WILLIAM EDWARD HORN . I am manager to Mr. Gibbs, grocer, of High Street, Marylebone—the prisoner lived on the premises, and was employed to look after the premises—she had been there from November last up to April this year—I noticed that she looked very strange—she made complaints of different kinds—I had seen her under the influence of drink, April 2nd was the first time—she had a lad about eight years old with her, and on April 3rd I came home about one o'clock, and went up to her room—I heard the child screaming murder—I tried the door; it was locked—Howard, an assistant, and I burst it open, and when I gob into the room I saw the prisoner bending over the child, in the act of cutting its throat with a carving knife; this is the knife (produced)—she was standing between the bed and a chest, of drawers; the lad was in a stooping position, and the prisoner was cutting at the back of the neck—when the door was opened the boy made a movement forward to the door, and Howard took him downstairs—I heard the prisoner say something at the time, but I do not know what it was—I followed Howard downstairs, pursued by the prisoner—I threw my overcoat at her; I heard the knife drop as I came downstairs—I assisted to put the boy in a cart to go to the hospital, leaving the prisoner in the shop—another assistant went for a constable—I then heard the prisoner say, "I wish I had finished him off"—this knife was usually kept in the kitchen with other knives—I afterwards saw it in a sink in the kitchen; there were marks of blood upon it—it was handed to the police—I went to the station.
Cross-examined. The prisoner was very fond of this child, as far as I could see—I only know of her history from what Mr. Gibbs told me—we supposed that she was in the habit of drinking, but I do not know anything of that—she is married; her husband is dead—she was trying to get a living for her child and herself.
FREDERICK HOWARD . I am an assistant to Mr. Gibbs—the prisoner was employed there, and lived on the premises—she brought her little boy there some time before the 3rd of April—she appeared to have been drinking on the 3rd—I heard screams from her bedroom; I went upstairs, knocked, and tried to get in—Mr. Horn came up, and we broke open the door and went in—I saw the prisoner cutting the boy's neck on the right side—she was close to the bed, and was holding the boy down by the shoulders, and she had this carving knife in her hand when we broke open the door; we took it from her; the boy got away from her, and ran to me, and I took him downstairs—she followed, brandishing the knife—I took the boy to the Middlesex Hospital; I could see his fingers were cut, and he had a wound on the neck.
FREDERICK SOLE (199 V). About half-past one, on the 3rd of April, I was called to Mr. Gibbs's shop—from what he said to me I went to the first floor landing, and met the prisoner coming along the landing—she was brought down into the shop; she came past me; she said, "All right, I hope I have finished him off"—I went into the shop, and the witnesses told; me what she had been doing—I told her I should arrest her on this charge—as I took her to the station she said, "It took a b——nerve for what I have done: it is all through those b——in the shop."
Cross-examined. She was very excited at the time, but I don't think she had been drinking.
JAMES MORANT (Inspector, V). On April 3rd, about three, I was at the station—I saw the prisoner there—she spoke to me, and said, "Is my little boy dead? that is all I wish to know"—I made no answer, for I knew nothing about it at the time—I went to the shop in High Street, and in the bedroom I saw spots of blood on the floor, and in the passage—this knife was handed to me; I saw marks of blood upon it—I then went back to the station, and the prisoner was charged—she then said, "Is my boy dead?I want to know at once"—she was told that he was not dead, and she said, "I am very sorry"—the charge was read over to her, and she said, "Quite true."
Cross-examined. She was charged with attempting to murder her son, when she said she was sorry I understood her to mean because the boy was not dead.
HUGH PERCY NOBLE . I was house surgeon at the Middlesex Hospital when the little boy was brought in—I examined him—I found two wounds in the neck, at the back, on the right side, they were two inches in length, and extended down to the spine—they were such as might have been caused with the knife; as it turned out, they were not dangerous, but a little more would have made them so—he remained in the hospital some days, and then he was sent to a convalescent home at Clapton—he was suffering from shock.
JOHN JAMES PITCAIRN (Assistant Surgeon at Holloway Prison). I saw the prisoner on her reception at the prison on April 3rd—she appeared to be in a state of suppressed nervous excitement, and I was informed that soon after her arrival she had attempted to strangle herself with a handkerchief—I had no conversation with her then—subsequently I had, on several occasions—she was extremely depressed for some weeks; although her mental condition has improved, she still remained very depressed—I had a conversation with her yesterday morning—she spoke to me freely about the child—she has the idea that a conspiracy exists on the part of her husband's relations for the purpose of separating her from the child—I believe her husband is dead, but she is still unaware whether he is alive or dead—she thinks that the conspiracy is on the part of the Catholics, and that there was no alternative before her except to kill the child and then kill herself, in order that they should not be separated—she said she was sorry she had not succeeded in killing it—on the last occasion, about two or three weeks ago, I questioned her upon that point—I reported the case to the Treasury—she has become more cheerful, and sleeps and eats better, but her mental condition is the same—at times she is morose, and suspicious of everybody—when she was first brought in I formed the opinion that she was insane—she is about forty-seven years old—she stated that she was passing through a change of life; that would have a very important bearing on her mental condition.
Cross-examined. I think she understood that she was going to kill the child, but I think that she, did not appreciate the character of the act at the time—she was under the delusion as to the conspiracy against her; it may be true, but extremely improbable—she also had the delusion on Saturday morning that her sister was an inmate of the prison, that she heard her voice;, and had a written communication from
her; that was an obvious delusion—she was evidently very fond of the child—her state might partly arise from intemperate habits and partly from a change of life—at first she had no idea she was in prison, but that she was in some Catholic establishment.
DR. SCOTT. I have frequently seen the prisoner while in the prison—I have kept her under observation, and had interviews with her—I consider that she was insane when she was first brought in.
The Prisoner's statement before the Magistrate: "When I went to Mr. Gibbs he told me to tell him of any irregularities on the part of the young men. They kept late hours, and I told him. They used to make the room untidy, and they tore my sponge, and dirtied it. The geyser was broken, and they turned off the gas to worry me; I believe that prevents the chimney drawing properly. I was cruelly treated up there."
GUILTY of the act, being insane at the time; to be detained until Her Majesty's pleasure be known.
MR. BIRON Prosecuted, and MR. PURCELL Defended.
HENRY HARRIS . I am a tailor, living in Lamb's Conduit Street—about four o'clock on April 18th I saw the prisoner near the Waterloo Police-station, on the Thames Embankment, with a baby in her arms, and followed by a little girl of about eleven years old—John Fisher was with me—I heard the girl say, "Don't, mother; don't, mother," while the woman made her way up to the steps leading to a platform, one side of which is the Police-station, the other the lower parapet—on the parapet she made a rush, and I ran after her—she said, "Let me go, there's a good boy; the Thames is my best place"—she had left the girl at the bottom of the steps—she swung round, as if she was going to throw the baby in—I caught her—a man blew a whistle—the police came up—she said she would have her baby with her, and something about sons and daughters.
Cross-examined by MR. PURCELL. When the police came up she said she was not silly, and was not drunk, and "I do, not know what I am doing"—she was crying when I first saw her, and afterwards—she swung herself round as if she was going over as well.
JOHN FISHER . I am an engineer—I live in Lamb's Conduit Street—I was with Harris—I saw the prisoner go on the steps against the pier, and make a motion as if to throw the baby in and herself—she said, "The Thames is my best place"—I saw Harris catch hold of her, and she was taken across the road—she said, "My brother and sister have been knocking me about."
Cross-examined by MR. PURCELL. She seemed excited, and was crying.
WILLIAM COTTERELL (Thames Police). I took the prisoner in charge—she was very excited—she seemed to be under the influence of drink—on the way to the station she said, "Let me go, my place is in the Thames, I shall be better off there."
Cross-examined by MR. PURCELL. She was drunk, and was charged with being drunk, and attempting to murder her child—she said, "I have had a lot of trouble"—inquiries have been made—she is a hard-working,
working, respectable woman—she has had seven or eight children—one of her own she lost, and another that was living with her—she seemed fond of her children—her husband is a Covent Garden porter, and a hard-working man—her child was delicate, and she had been taking it to a doctor.
EMILY JACKSON . I am eleven years old—I must, not tell lies—I remember walking with my mother on the Embankment one evening in April—she asked me to come, because somebody had told her my sister Polly had drowned herself, and she said, "Let me go down to the Embankment, that I may make inquiries about Polly"—she said, "Take the baby," when we got down to the Embankment—I did not take the baby, because I thought if I did not she would come home with me—when she got towards the parapet I got frightened and cried out, because I thought she was going to jump into the water—I got hold of her dress, and said, "Don't, mother; mother, come away."
Cross-examined by MR. PURCELL. Mother had had a quarrel that afternoon, and Polly had gone away to drown herself—Polly was found at her grandmother's—mother was al ways kind to the baby and me.
The Prisoner's statement before the Magistrate was: "I have lost two children in three weeks. I had no more idea of drowning myself and my baby than the dead in the grave. I was excited."
GUILTY of the attempt. — To enter into Recognizances with her husband to come up for judgment when called upon.
NEW COURT.—Wednesday, May 5th, 1897.
Before Mr. Recorder.
MR. MUIR Prosecuted.
WILLIAM JACKSON (in custody). I am an electrical engineer, and am a prisoner in Pentonville—I pleaded guilty on April 8th to stealing electrical appliances from Messrs. Banen and Co., my employe re—I had been there six or eight months—I had a stall in Farringdon Street, where similar things were sold—I had a base first, like this, and at the end of February a man there sent me to Great Saffron Hill, where I saw the prisoner, and asked him what he would give me for these bases—he said 1s.; I only had one then—I think I asked him if he could do with any more—it was a private house, and this was the ground floor, a bedroom and sitting-room combined, apparently only a lodging, but I was ultimately shown a store, but not that day—I went again next day, and
took another base—I went there every day, first in the morning, but afterwards at night, as it was more convenient, and took various things which I got from the store—I took three of these (produced), and he gave me 1s. 6d. each for them; the list value is 5s. or 6s.—I knew that that was not half the value—I grumbled at the price; he said that he could get the same articles at a less price—I took him about ten five-ampère switches, and got 9d. for them—I took him eight or nine dozen five-ampère switches, a dozen in a box, wrapped round with paper as they are now, and got 5s. a dozen for them—this (produced) is a secret switch, it has not got a knob; here is the key—there were about two and a-half dozen secret switches not included in the others—this is a ten-ampère cut out; there might have been half a dozen of those, not more—I can hardly recollect the price, because they were with other things—I took a wall plug and two or three other things, and he gave me 3s. for the lot, and there were some special switches from size five upwards, and I got 3s. for the lot, and for some incandescent lamps as well, of different sizes, similar to these—he gave me 2s., I think, for two or three of these—I sold him three coils of flexible wire of 110 yards' each, one wrapped up and the others not—this is what they call 7-20 cable, which means seven wires of twenty guage—they were complete coils; I think I, got 6s. a coil for them—they are new coils unwrapped, and done up with sacking—I sold him some of this cable (produced) in bad condition, so far as the covering was concerned—it was all in one piece, and heavy; I had a man with a barrow to help me—I got 10s. for it, and Is, for the man—the net value of the property I took to him was £40 or £45 to the trade, and the list value about £67—I got about £6 10s. for it—he quoted the General Electric Company's Hit prices—he never asked me for a receipt for the money he paid me, nor did I give him one—he did not ask who I was, or my name and address—he afterwards showed me a store and the attic, and the cellar—there were two rooms; you get access to them by a door—I thought there was a lock to the room upstairs, but I won't swear it—he kept photographic apparatus and printing frames in the cellar—I did not see much electrical stock—I also sold the box to a stall-keeper in the Caledonian Road.
Cross-examined by the Prisoner. I sold a dozen to a stall-keeper half-way up Caledonian Road, and got 8s. 6d. a dozen for them—I saw some rollers at your place, two dozen and a-half, at 2s. a dozen; the trade price of them is 1s. 10d. or 2s. each—I won't swear that there is a trap door to your attic—I remember handling a 110 yard coil of flexible wire, and 36, 38 and 40—I came about half a dozen times in the morning, and afterwards in the evening, for my own convenience—No. 21 is the white one; the valve of it is 6s., I think; it is a fairly up-to-date switch—I do not know where it came from; I think I put 5s. each on them at the Court; it was 4s. 6d., pipe and switch—I promised to bring you the keys, but did not—these cut-outs are worth 2s. 6d. or 3s. each—I am not in the sale department—I do not know the gauge of this second-hand cable; it is one coil; I will not swear whether there were or were not any joints.
JOSEPH AUGUSTUS BOWER . I am manager of the firm of Joseph Bower and Co., electric engineers—William Jackson was in their employ up to March 26th, when he was given in custody—we had missed articles of all these kinds—we bought this large piece of cable second-hand, as it
stood, for £6; it is about a mile long, taking it by the weight; it would be ruined by being cut into several short lengths, and would not sell at the same price—a new one would be about £16 15s., subject to ten percent, and two and a-half discount—here are seventy-two yards of flexible wire, value about 16s. to the trade—they are 7-20 coils, value about 31s. 3d. to the trade—the three coils come to £4 13s. 9d.—I, should not sell these ampere bosses apart.
Cross-examined. The mile of wire is 725 gauge; it is secondhand—the twenty-ampère switch is Barby and Hutton's latest type; the value is 2s. each net, 1s. 4d. to the trade—we deal in everything—5s. a dozen is a ridiculous price for the switches—I was a witness at this Court last January twelve months; that was for infringing a patent—the invoices were brought here, and no comment was made—I bought holders at 50s. a gross of Ingold, whom I do not know personally—I never played at billiards with him, or in my life—I cannot recollect the price I paid, but the Common Serjeant said that there was nothing wrong about it—the goods you bought were perfectly new, and you took them day after day.
HENRY BEVIS . I am manager to the General Electric Company, Limited, 69, Victoria Street, and have had fourteen years' experience in selling electric goods—the price of this base, new, would be about 1s. 6d.—these twenty ampere switches are not our make, and might be a little cheaper, the price is about 8s.—these ten-ampère switches are not our make; the price is 5s. 6d., they are standard goods; 5s. 6d. would come to 3s. 8d., or perhaps 3s. 6d.; these others are worth 1s. at the very lowest—this is an ordinary ceiling rose; they are 4s. 9d. a dozen; it is one of ours—this flexible wire coil is worth 48s. a gross; the value of this is 18s. to the trade, and the price, net, would be 13s. or 14s., and the secret switch about 2s. 6d., the key would be extra—this is a I sample of 7-20 cable, new; it is usually sold in 110 yards this size; the value is £32 17s. per mile—the lowest price is about £1 7s. for each coil—the covering of this bit of old cable could be renewed for about £1 1s. per mile; the under part is quite good—its value in its present condition I is £12 a mile; it is a higher grade rubber.
Cross-examined. The very least resistance it would stand would be about 800—I should class this (another) at 400 from the quality of the rubbers—we never give any discount—I should say that this ought to stand 480 after the manufacturer has tested it—the lowest net price of cut-outs is 4s. 9d. a dozen—we manufacture our own goods as far as possible, and employ 1,500 hands—all these goods are manufactured at Birmingham—if a man came to me and offered me our own manufactured goods cheaper than we can buy them, I should certainly buy them, but it has never occurred, unless you refer to a manufacturer's stock which we bought pretty cheap and sold very cheap, because they are no longer the standard pattern; they had gone out of date.
Re-examined. None of these articles had gone out of date; they are good enough to go out of our own stock.
GEORGE BYRON . I am an electric engineer, of 93, Praed Street, Paddington—I have bought goods of the prisoner—on March 10th I bought one dozen five-ampère switches of him, similar to these, at 8s. a dozen, and got this receipt (produced)—I also bought an electric motor, and paid 16s., and one phonograph—on March 16th I bought two dozen switches,
the same size and pattern, at 8s. a dozen; he gave me this receipt—on March 27th I bought three dozen more at the same price, and six ten-ampère switches at 1s. 4d. each, and six more at the same price, and got this receipt. (This was headed, "G. Fowler, Dealer and Valuer in Scientific and Photographic Apparatus ")—he has done electric work for me—I handed some of the goods which I had remaining, to Detective Berge—I can buy similar goods, if I buy a gross, at the same price.
Cross-examined. I mean at the price I paid you, 8s. or 8s. 6d., if I buy a gross—I consider the General Electric Company dear—I told you a few weeks ago that a man offered me these stones, but I did not know the value, and sent him to you—I asked you if you bought them, and you said, "No"—I said that I thought they were too cheap, and I let the man go—11s. 6d. a dozen is the highest price I have paid—I have seen them bought at 3s. a dozen.
By the COURT. I have bought them under 5s. at Stephens's Auction Rooms—I had no interest in a knock-out there, but I have joined in a knock-out at Stephens's—as to this second table, it is worthless, even if the copper is recovered after the insulation, I would not buy it; I don't deal in old metal—it would not be safe to use this; it would be pulled out again by the Lighting Corporation—I infer that it has been in, and pulled out; it is old stuff.
Re-examined. I believe the prisoner has sold goods through Stephens's auction—he would not be allowed to buy, but it might be done by some dummy who buys and sells it afterwards—I do not know the men who act as dummies—he and I were decidedly not in a knock-out together in this case, and I cannot remember an instance where we were—I do not deal in the same stuff as he does.
HENRY BERGE (City Detective). On March 25th Jackson was given in custody—I saw him in the cells, and he made a statement to me—after that I kept observation on a barrow-man in the road—Mr. Shaw, of the Electrical Company, was with me—the barrow went to the rear of the premises on Great Saffron Hill—two men were in it—on Monday, the 29th, I saw the same barrow with the same goods on it—I spoke to Tread well, and took possession of these four articles—I saw the prisoner speaking to Tread well, and went across and told him I was a police officer, and asked him if the four articles on the barrow belonged to him—he said, "Yes"—I asked where he got them—he said, "I bought them of a tall, gentlemanly man"—I said, "Have you any receipt?"—he said, "No"—I said, "I am informed you bought some cables"—he said, "All right, come with me"—I went with him, and he pointed to thirty-nine pieces of cable, some of which have small tickets indicating the number of yards—I said, "I believe you have been buying electrical goods of this man?"—he took me to a room upstairs and showed me three dozen switches—I said, "Is that all the property you have?"—he said, "Yes"—I took it to the station, and advised him to come with me to explain it to the inspector, which he did, and said he gave 10s. for the cable and 5s. for the switches—he offered me three lamps; I told him to take them to the Police-station—I arrested him the same day at No. 70—he said, "Hulloa! have you come for me?"—I said, "Yes, you will be charged with stealing some cable and two switches"—he said, "Quite right; I received them, but I did not know they were stolen"—I searched
the premises with Barr, and the prisoner handed me these three lamps—going to the station he said, "Six switches I sold to Jackson; he gave me la. 4d. for them, I paid 9d."—he was charged with stealing a quantity of property—he said, "Quite right, I received them, but did not know they were stolen"—on April 3rd I took him from the station to Guildhall, in a cab—he said, "If I am allowed out on bail I will get back the whole of the goods I sold to this man, if I pay three times the value"—he handed me a cardboard box containing three of these articles, then thirty-nine coils, measuring 1,239 yards—he said he thought the man was a dealer, but gave me no name—I asked if he had any receipts—he said, "No"—when he gave me the switch he said, "There was another dozen which I sold."
Cross-examined. You did not say "Six dozen," and not three dozen—1,239 yards is about three quarters of a mile—you recovered these switches, and brought them up at the trial; I do not know where you got them.
Witnesses for the Defence.
WILLIAM TREADWAY . I am a store-keeper at Farringdon Road—I attend to four stalls—sometimes I take £2 in a day, and nothing the next for electrical goods—I generally take £10 a week at the four stalls—half the business is in electrical goods—the prisoner has employed me for three years—I have never had any second-hand 76 cable—I sold these switches at 8s. a dozen—I sometimes have them a month before I sell them, and he takes them off—I have seen some of these with keys, and offered him 9d. each for them; I had either nine or twelve of them—the twenty-ampère switches were sold at 3s. or 3s. 6d.—the prisoner told me what price to put upon them—a coil of seventy-twoyards of flexible wire was sold for 6s.—I do not think that is very cheap—there are plenty of good buyers of good stuff—I have plenty of wire now—a tall gentleman came to me in the dinner hour and brought me a brass plate and asked me if I could do with them—I said, "How many have you got?"—he said, "About a dozen"—I sent him round to the prisoner, because, as a rule, I do not buy—I had eight of them, and sold them all at 2s. each—I am given 6s. a week and commission, which amount together to 25s. a week—I have never taken £30 a week.
Cross-examined. I am only a stall-keeper—I bring the goods of a morning on a barrow out of 70, Great Saffron Hill—I do not live in the house—there is no attic that I know of.
By the Prisoner. I have never seen a trap-door in the ceiling, but I will look next time I go—I do not know whether there is any possibility of getting on the roof except by a ladder—all the articles I have are packed up on two barrows at night, and I have four stalls.
GEORGE WILSON . I work for the prisoner inside—I was bound over at the Police-court about a month ago; I went there and spent two days on this cable, and tried to make it a little more respectable—it was in a less number of pieces than it is now—I cut out some bad places, and here are the knots—I do not say there were so many pieces, but in taking some pieces out we could not avoid making more of it—we had to tie on the outside jacket with a piece of string, to prevent it sliding back—we painted some of it with some composition, which the prisoner said dissolved the inside rubber, but he said it was no use, it was only a waste of time—I have lots of cable now, but I don't think I have any as
bad as this—it is sold occasionally, and the wire makes so much and the covering so much—if a mile is 1 cwt., it would be 25 lbs. or 30 lbs,. out of the 112 lbs.—old copper is 4d. a pound; 25 lbs. would be 8s. 4d., if it realised 4d., but it might be 31/2d. or 41/2d.—I consider this old copper; that is all it is fit for.
URIAH BEATON . I am an engineer, of Kentish Town, and sell electric fittings—I have bought them at Stephens's at 4s. 6d. a dozen; I do not call that a ridiculous price—that was not a knock-out—I paid 15s. a dozen for £2 5s., and kept them a long time before I sold them to the prisoner—I sold one or two dozen at 6s.—they are quite new—these are not exactly the same pattern—I have never had a special order for them, and I should not buy them if I had; they are too dear for me to buy; the price is 2s., less discount, with that one firm—I pay 10s. 6d. a dozen for switches; I sometimes buy half a dozen—I would not buy this cable for use; it is old short ends; you have to put in a number of joints.
By the COURT. I should be surprised to find that it is 1,200 yards all in one piece; it would not be passed by any practical man; it would be condemned.
FREDERICK DAVIS . I am an electrical engineer, of 18, Harman Street, New North Road—I saw this cable a month ago in one bundle, and went to the prisoner and told him I had a cable to suit him—he said that he had had some offered him, but I did not offer a price because I said it was no use—I would not use it anywhere; it would not be passed—I do not think it would pass as 200 resistance—I have known the prisoner several years; he employs three men—if he offered me these at 7s. a dozen, I should not jump at them, not to lay in stock—I would not buy these large china ones at half-a-crown each, unless I wanted to use them—I have not kept a stock lately; I buy from hand to month, as my orders come in.
Cross-examined. I know Johnson and Phillips; they are capable people to test a cable—this is their letter (produced)—the proper way is to put it in a tank for eighteen hours, and then test it for 2,000.
By the Prisoner. It is not possible to test it in that way—I was present at the case here eighteen months ago, but do not remember Mr. Brown's statement then.
WILLIAM JOSEPH ALBOROUGH . I am a valuer, and buy and sell electrical appliances by auction; I have been to Stephens's sales—they are a most respectable firm; they have sales every week—if I saw things like this at 4s. 6d. I should not rush at them and buy them for 5s.—I have known a knock-out at Stephens's, and there are a number of men there who show things—this is a German pattern; I have heard that they are sold at 3s. a dozen—I bought 100 yards of 31-30 wire for 6s., that came to £4 10s.; and some more coils were sold there at the same time.
G. WILSON (Re-examined). I swear that all of these were cut out by me, or in my presence by Farrar, from this cable—I do not know that a great many of them are entirely different classes of cable and wire—I saw Fowler cut them out from this identical cable.
By the Prisoner. When all the bad places were cut out some were lying in the yard, and some thrown down the area, and I collected then and tied them up—there was other cable, but the police brought none
like this; there is plenty there now—I produced them before the Magistrate, and they have been in the custody of the police ever since.
F. DAVIS (Re-examined). I am prepared to swear that several of these pieces were in this cable—the prisoner made a mistake, and I drew his attention to it—there were, I think, as many ends in this cable as there are joints—I do not say that any of these joints are of a different quality.
U. BEATON (Re-examined). I have examined the coils of cable in Court; they are of the same quality—I have examined the others; this is one piece which could not have come out of this cable—here is one piece of gutta-percha cable which is different from the other cables—the other pieces appear similar in quality—the other pieces are of a different number of strands, and I should not think anyone would join them to the others.
The Prisoner, in his defence, stated that as he had been buying electric goods all his life very cheap, and selling them very cheap, he thought nothing of buying goods at a fiftieth of their cost; that lie paid 5s a dozen for these switches, and sold them at 8s., which was not an unreasonable profit; that the police had been to everybody about the switches except to Stephens. He produced his account-book, showing what he paid for the articles, and what he sold them for, and stated that he had refused to buy articles which he did not think were honestly come by; that the cable had been tested, and would not pass, it having been put in and pulled out again, and that gutta-percha would be joined to vulcanite if it was going through a damp place; that there was a ladder at his house, but no trap-door; that he bought and sold to the amount of nearly £1,000 a-year, and about £400 a-year at this stall; and that though he might have been careless, he was not criminal, for he had no fwspicion that they were stolen, and that if the police wanted information, Jackson should have referred them to him.
GUILTY .— Judgment Respited.
THIRD COURT.—Wednesday, May 5th, 1897.
Before Mr. Common Serjeant.
MESSRS. CHARLES MATHEWS and SOPER Prosecuted, and MR. OVEREND Defended.
After the opening statement the Prisoner, in the tearing of the JURY, withdrew his plea, and said he was Guilty, and the JURY returned that verdict. —Judgment Respited.
MR. ROACH Prosecuted.
ALBERT WINDUST . I am a bootmaker, of 159, Drummond Street, Euston Road—on the night of April 15th I shut up my shop—I sleep on the premises—about 2.45 a.m. I heard a tremendous crash—I made my way to the shop, and found the centre pane smashed and boots lying
about in confusion—there is no shutter, but boards across the window—I heard a police whistle, and in a few minutes two constables brought the prisoner to me—one pair of boots he had with him, and one pair wag. picked up off the pavement.
RICHARD LEE (272 S). I was on duty in Drummond Street, about 2.35, and heard a crash—I saw two men running away, one in the opposite direction—the prisoner came towards me twenty or thirty yards, then walked leisurely—when he was within three or four yards of me I stepped out of a doorway and stopped him—I said, "What are you running away for?"—he said, "Nothing"—I said, "What have you got under your arm?"—he said, "A pair of boots"—I took him to where I heard the sound—I found a large pane broken—one pair of boots he had, and these odd ones I found—this sticky brown paper was on the window pane—the time was about 2.35.
Cross-examined by the Prisoner. I did not see you break the window, nor take the boots out.
The Prisoner, in his defence, stated that he picked the boots up, when he saw the police and the brown and white paper. A man asked him if he heard the crash. He said, "No" Then the man said, "Then hold your noise"
MR. ROACH Prosecuted, and MR. PURCELL Defended Davis.
MARION WILDING . I am a single woman, of 24, King Henry's Road, Regent's Park—on April 12th, about 6.15 p.m., I was going up the steps of Broad Street Station—about three steps from the top Davis pushed me on one side—at the top the prisoners looked at each other, and I put my hand in my pocket and missed my purse—they ran down the steps—I ran down and made a statement, and went with Saltmarsh into the street—I saw the prisoners walking in front—they saw us, and ran round the corner—I have identified the purse—it contained eighteen postage stamps and £8 8s. 8d.—it was exactly as I left it.
Cross-examined by Wilson. I only saw you when you were running in front of me.
Cross-examined by MR. PURCELL. A great many people were going up the stairs—there is a barrier in the centre of the staircase—I knew my purse was in my pocket when I left my business place—I did not look for it till I noticed the look on the prisoners' faces—it was in my dress pocket, on the right side, with a handkerchief, and I had a cape—I found the prisoners, with two constables, outside a coffee shop.
Re-examined. The barrier was next my pocket.
CHARLES SALTMARSH . I am a labourer to an electric light engineer, and live at 15, Bernard's Road, South Tottenham—about six p.m. on April 12th I was passing in front of the steps at Broad Street Station—I stood five or ten minutes, and watched the prisoners and another man—Davis felt ladies' pockets—Wilson was behind him—when they had
gone upstairs I gave a description of them to a railway official at the station, but he took no notice—while I was speaking to him the prose-cutrix came down and made a statement—the prisoners and a man not in custody ran through Finsbury Avenue to Wilson Street—I spoke to a constable, and we followed them to a coffee shop—the constable went in—I stopped Davis, who was running out—he said, "It's all right, I only went to have a cup of coffee"—a Metropolitan sergeant took him, and a City constable came up, he struggled, but was detained—he fell on the ground, but he went quietly afterwards—there is a little shop next door to the coffee shop.
Cross-examined by Wilson. I left work at six, and got to the station at 6.15.
Cross-examined by MR. PURCELL. Davis said he knew nothing about it.
Re-examined. I saw them go into the coffee tavern—they were in there about a minute—I have no doubt the prisoners are the men—I watched them between five and ten minutes.
SAMUEL MARTIN (20 G). On April 12th I saw the prisoners running from White-cross Court into Wilson Street—I followed behind a van, keeping them in view—I was in uniform—I saw them go into a coffee shop at the corner of Sun Street and Wilson Street—I seized Davis, who went two or three steps to the right, stumbled, and fell—when he got up I dragged him towards the next prisoner, who had been brought out of the coffee house by a City constable, and was struggling, and I gave, the constable a hand—the prisoners were taken to Hoxton Police-station.
Cross-examined by MR. PURCELL. Davis, at the station, made no answer to the charge—I did not hear him say, "I know nothing about it."
JAMES COLE (214, City). On April 12th, in consequence of what Saltmarsh said to me, I chased the prisoners from Wilson Street to the coffee shop—I met Davis coming out; buttoning his coat—I arrested Wilson, and I took him to the station—he was identified.
Cross-examined by MR. PURCELL. I would not say Saltmarsh rushed at Davis, but he prevented him running away—he commenced to run—he was just off the step.
JOHN SHORT . I am manager to Messrs. Carrington and Sons, oilmen, of 6, Sun Street, Finsbury, next door to the coffee shop—I saw the prisoners taken into custody—about 7.30 p.m., when shutting up, I found thin purse behind some pails in the shop—in it was £3 gold, Ss. 3d. silver, 4 3/4d. copper, 10 1/2d. in stamps, I O U for £3, and a £5 note—it was possible to have thrown the purse from the street.
Wilson's statement before the Magistrate was: "I do not wish to say anything. If you can settle it I shall be much obliged."
Darin referred his defence.
Wilson's Degenced: know nothing about it.
MR. KYD Prosecuted.
JULIA GREEN . I live at 156, Hampstead Road—on April 28th the prisoner came to my house and asked me to bay this pawn-ticket for a watch-chain and trinket, No. 120, the pawnbroker's name being G Lawley, of 128, Seymour Street—in consequence of my suspicions I communicated with the police—she sold me the ticket No. 193 on April 10th, and No. 79 on April 17th, the amounts being 4s. 6d. and 7s. 6d.; I gave her 3s. for them; also for No. 630, 2s. 3d., and for No. 1,751, 2s.—they were marked as they are now when she gave them to me.
CHARLES CATTLE . I am assistant to Mr. Hoi worthy, of 15, High Street South, Camden Town—this ticket, No. 193, for a sheet and toilet covers, has been altered from Is 3d. to 4s. 6d. by being written over.
HARRY MERRITT . I am assistant to Mr. J. W. Davis, of 121, Hampstead Road, pawnbroker—this ticket, No. 797, for a shirt, has been altered from 6d. to 7s. 6d., and 1,751 from 1s. to 2s., and another one from 1s. 3d. to 2s. 3d.
JULIA GREEN (Recalled). The prisoner came to me six times—I advanced her about 8s. altogether, because she told me she wanted things for the children, and, as to the last ticket, that she wanted some supper—she is English—I am German.
The Prisoner's statement before the Magistrate: "I never took all the tickets to the prosecutrix."
Her defence was that the amount advanced was only 3s.; that she was sent by a woman to sell the tickets; that she did not know they had been altered, and that she gave the woman the money.
GUILTY of uttering. —Evidence was given that the prisoner's husband was in respectable employment, but that the prisoner was habitually pawning articles from his home.— Twelve Months' Hard Labour.
MR. OVEREND Prosecuted; MR. LEVER Defended Baker, and MR. CLAVELLSALTER Defended Elliott.
After the opening of the case for the prosecution, the COURT held there was no case to go to the JURY on the present indictment.— NOT GUILTY .
OLD COURT.—Thursday, May 6th, 1897.
Before Mr. Justice Grantham.
JOB ROWE . I am a baker, of 30, Hazlemere Road, Acton Green—on April 1st, a little after eleven, I was walking in Church Road towards my home—the prisoner Kelly, as he was passing me, asked me for the price of a drink, I refused; he began telling me that he was very hard up, at the same time I felt that he was snatching at my chain; I was looking him in the face at the time; I caught hold of him by the neckerchief, and he went back into the road—while I held him he passed something behind him to the other prisoner, Taft—from what I could see they were coming along together—Kelly came up on the same side I was going—when I noticed Taft he was standing behind me, or rather behind Kelly—I found that my watch was gone; I valued it at 30s.—I have not seen them since—I did not pull off Kelly's scarf; he took it off while I was holding him—this (produced) is the scarf—the prisoners ran away in the same direction; I did not follow them—Kelly had on a dark coat, and a lightish pair of trousers—I went to the Police-station directly and gave information—on the Friday following I went to the Police-station and saw Kelly; I picked him at once out of seven or eight men, and on Friday night I picked out Taft from seven or eight others at Notting Dale Station.
Cross-examined by Kelly. I could not see what it was you passed to the other man, it was dark—I know you are the man that took my watch and chain, and you passed something while I held you—I should know your face anywhere.
HENRY PERROTT (Police Sergeant, 325 X) On the night of April 1st, about seven minutes to twelve, I was in the Uxbridge Road, about two-miles from Acton Green, and saw the two prisoners coming along together; I followed them for about 500 yards—Kelly at that time had on a grey jacket—later on that night, about half-past one, I saw them again at the corner of Uxbridge Road, and then they had both changed their attire—they were then about 500 yards from where I first saw them—Taft was lodging in Bangor Street, about a quarter of a mile off—I arrested Kelly on suspicion of being concerned in a robbery on the previous night—he became very violent in language; I had assistance to hand, and he then walked quietly with me; Taft followed to the station, and he advised him to go quietly—when I first saw Kelly he had no scarf on; his jacket was turned up.
JOHN WILLIAM TILLEARD . I keep a beer-house in Acton.—I know Kelly as a customer—on the night of April 1st, about 10.35, the two prisoners came in and had some ale; they stayed there till closing time, eleven—my house is about 250 yards from where the robbery took place.
HENRY SNELL (47 X). On April 2nd I arrested Taft, about 11.45, at Notting Hill—I told him he would be charged with being concerned, with Kelly, in stealing a watch at Acton—he said, "I will admit I saw you the night before, but not last night"—he afterwards said, "If they identify me I will admit it."
GUILTY .—KELLY then PLEADED GUILTY to a previous conviction at this Court in October, 1894; and TAFT to a conviction at Clerkenwell in 1896. KELLY— Three Years' Penal Servitude. TAFT— Six Months' Hard Labour.
MESSRS. H. C. RICHARDS and MR. SOPER Prosecuted; and MESSRS. LOCKWOOD, Q.C., and C. F. GILL Defended.
The JURY, being unable to agree, were discharged without returning any verdict. Upon the following day MR. RICHARDS announced that he should not proceed farther with the case, and, offering no evidence, the JURY found a verdict of
NOT GUILTY .
NEW COURT.—Thursday, May 6th, 1897.
Before Mr. Recorder.
MESSRS. C. MATHEWS and STEPHENSON Prosecuted, and MR. DRAKE. Defended.
FRANK DOUGLAS PENNANT . I am a captain in the King's Royal Rifles—the Hon. Reginald Cathcart is in the regiment—he is at Malta, on the Staff; he went in October—I was not living at 131, Jermyn Street, on November 27th, and did not write or authorise this letter to be written: "Gentlemen,—I am up in town. Having seen your advertisement, I shall be happy to have your terms. I shall not do more than £5 each way"—this other is not Mr. Cathcart's writing. (This stated: "I believe Mr. Pennant has also written to you")—this letter, addressed from Malta, is Captain Cathcart's writing—I have never authorised anyone to bet in my name—I was not with Captain Cathcart last February; these telegrams, were not issued by my authority; none of them are in Mr. Cathcart's writing—I did not authorise the people at 131, Jermyn Street, to take in letters for me.
Cross-examined. I never knew Shirrifes till I saw him at the Police-court—it was reported in the papers that he had known me and Mr. Cathcart—I received this letter from Mr. Cathcart; it is his writing.
JOHN GORDON LUMSDEN SHIRRIFES . I live at 8, Palace Crescent, Hampton Court, and have an estate in Scotland, adjoining one owned by the Cathcart family, and in that way I heard of Reginald Cathcart—I commenced betting operations two years ago, with Foster and Co.; I discovered that the prisoner was Foster and Co,—that was succeeded by an arrangement by which he was to sell and I to buy a turf commission agency in Charing Cross Road; he wanted £600; I offered £400; we tossed, and I got it for £400—he was there up to that time—I took him over with the business; he was to be my clerk only, and to receive £6 per week wages—he expressed himself satisfied with that arrangement—this document shows the whole of the business: "I have this day sold the business of Blanchard and Co. for £400"—there was a month's delay in the payment, and I then opened an account with the London Joint Stock Bank, Chancery Lane Branch, in the name of Blanchard and Co., which was entirely fed by my money—I was the only person authorised to sign' "G. A. and F. Blanchard and Co."—it is my signature which is in the company's books—I adopted the Blanchard rules with which I should do business, and Norton and I were the only persons in the office—Mr. Somers dropped
in occasionally about the luncheon hour, one or two o'clock; that is a busy time—all the telegrams from the customers came in the afternoon—I had luncheon with him sometimes; he is a very nice man—when I went out Norton was the only person left in the office—the business was not conducted at a loss at first, but in February I found there was a considerable loss—I paid in £1,000 in February, and had to supplement it with £900; there was a loss of £1,000—I sometimes met a man named Brown at the Shaftesbury Avenue Club, and I had a game at billiards with him about the middle of February—I do not know whether the prisoner was there—I had no clerks. (The witness here fell out of the witness-box in a fit, and the rest of his evidence was postponed.)
THOMAS GLYN . I am a clerk in the General Post Office—I produce the originals of telegrams dated February 26th, to which Captain Pennant has spoken, numbered from 6 to 57, in the prisoner's writing; there are four on the 23rd; they are Nos. 28 to 56, are signed by Pennant or Cathcart, and one is unsigned.
ERNEST AUSTIN . I am a clerk in the London Joint Stock Bank—I produce a certified copy of the banking account of G. A. and F. Blanchard, opened in December and closed on March 3rd, 1897, at our request, and the balance transferred to an account in his own name.
Cross-examined. Norton was not introduced to Sheriff at the bank as his partner in my presence, but they both went into the manager's room, and I think the cashier was present.
Re-examined. Shirrefs signed "G. F. and S. Blanchard"; we recognised nobody else; he was the sole partner.
CHARLES ARROW (Police Inspector, C). On March 11th I arrested the prisoner on a warrant in Shaftesbury Avenue for being concerned with two others in defrauding a man named Sheriff—he said, "All right"—I took him to the station; he made no reply—I found on him a postal order, a £10 note, and a sovereign—the letters addressed to the office were to Blancherd—I have made an effort to arrest Brown and Lawrence, and cannot find them—it was Lawrence who went under the alias of Cathcart.
Cross-examined. The prisoner is a steady, sober man—I cannot say whether I know Brown and Lawrence by sight, but if I see them I dare-say I shall know them—from inquiries I have made I should say that the prisoner was often in their company—I have an officer in Court who knows them.
THOMAS HENRY. GUERRIN . I am an expert in writing—I have had submitted to me two letters from Jermyn Street, signed respectively "Douglas" and "Cathcart"; one purports to be an order to receive letters at 131, Jermyn Street—I have seen the telegram signed "Pennant"—in my opinion, the letter and the telegram are in one writing—having compared all the telegrams signed "Cathcart" with the letter from Jermyn Street, I say that they are in the same writing.
F. D. PENNANT (continued). I received these two letters that day (produced), purporting to come from 131, Jermyn Street—Brown and the prisoner and Lawrence were then in the office; the prisoner opened them, and handed them to me, and I asked what sort of place Jermyn Street was; Brown said something, and so the matter remained—there were four telegrams addressed to the office next day, four more on the Wednesday,
and four more on Thursday—on Friday, the 26th, in the afternoon, nine more telegrams came from the two men, and on that afternoon two telegrams relating to a horse named Ellison; the prisoner opened that, but they were all on the desk—I looked at them; they related to a race which was to be run at two o'clock—I saw the hour on them, 2.18, and pointed it out to Norton, and said that it could not be—he said, "No, certainly not," and a short time afterwards he stepped out of the office to buy a paper, or something of that kind—I remember Brown coming to the office; he wanted fifteen on Julian Fellows; I looked at the clock—he said to Brown, "It is past the time"—the prisoner said, "What shall we do? the clock is a quarter of an hour fast," and that I could trust Brown, he would be all right—Brown produced £10—I afterwards heard that Julian Fellows had started at 100 to 7, and told the prisoner to-draw out a cheque, but said that I would not pay till I got the official return—next morning Brown came to the office, and said he would take the cheque with him and get it cashed; he took it away, and I did not see it again till it was returned to me by the bank—on the Saturday after-noon a telegram arrived which had no horse's name and no sender's name—I read it; my suspicion was somewhat excited, and I spoke to the prisoner about it—this is a cheque for £19 4s.; that was the winnings—I discovered the next morning that the clock was a quarter of an hour slow—I had determined to go to Sandown Park Races on the Saturday morning, and announced that co the prisoner in the morning; Mr. Brown and Mr. Phillips, who were to go with me were there—Lawrence had been there that morning—I was at Sandown when the four races were run at 2, 2.30, 3, and 3.40—Warrington ran the first raw—this book shows the terms on which we deal with our customers—I came back to London, and went to the office, and saw the prisoner, who produced to me twenty-four delivered telegrams—there were five each way in the names of Pennant and Cath-cart, a horse being named—neither Demgen or Battenden, or two others named, had run or been placed that afternoon—I had no knowledge of sending off' those telegrams—when I found I had had a bad day I told Norton to write to Pennant and Cathcart to come on Monday—he said he would do it, and left the office, and came back on Monday morning; I asked him if he had had any answer from Cathcart and Pennant—he said, "No"—I said, "It is very funny"—he said, "It is funny"—on the Tuesday I went to Jermyn Street by myself, and found that No. 131 was a letter-receiving company, and not a lodging-house—I asked Mr. Wyckham, the secretary, whether any letters had arrived on the Monday or Tuesday, and was told, "No"—I went back to the office, and said to Norton, "Did you write those letters? they have never arrived"—he said, "I wrote them"—we went together to 131, Jermyn Street, and saw Mr. Wyckham who said that no letters had been received; Norton said that he had written them himself, and posted them—I was angry with him, and left him at some place of refreshment—I went back to the office, and did not see him again that day—on that evening I took every book I could find away, to have them examined—I have not found the book which showed the amount of "cover" deposited by my customers—it was the prisoner's duty to enter in this book (produced) all transactions, whether by letter or telegram; I cannot find in it any entry of this transaction on Saturday, February 27th—on Saturday, March 6th,
I was arrested on a warrant, and lodged in gaol till Monday morning, when I went before a Magistrate at Marlborough Street, on a charge of having stolen the books of a partnership between me and the prisoner, and the balance at the bank—there is not the slightest ground for saying that the prisoner was my partner; the balance at the bank was every penny my own money—on the Monday the same Magistrate was not sitting, and it was arranged to stand over till Thursday, when the Magistrate who had granted the warrant would be there, and I was let out on my own recognizances—on the Tuesday and Wednesday I went to the Post-office, and discovered that these twenty-nine telegrams (produced) had been sent in the name of Pennant, distinct from the twenty-nine handed to me by the prisoner; telegrams which have credit in them as to these customers, with £20 a piece, or £100—I appeared before the Magistrate on the Thursday, and the case was withdrawn, and on that day, the 11th, I swore an information setting out the details of the fraud, and a warrant was granted against Norton, Brown, and Lawrence, and Norton was committed for trial—I have endeavoured to secure the arrest of the other two, but have never seen them since that Saturday—the pink telegrams are the only ones I received.
Cross-examined. I am about thirty-two years of age, and have been some years in the Army, in two regiments—I went in as a private, and went abroad—I left the Army in 1893, having come into some money; since then I have been engaged in betting transactions—I know how to back horses; I kept one or two racing ponies—in all these betting transactions Mr. Somers settled up with me—I went to him from Ireland about this business in November, 1896—I did not see the prisoner till the day after I went—I was racing in Aberdeenshire at this time, and when I was going home I went London way to see Mr. Somers, but not with the intention of purchasing a business—I had met him before—all our transactions appeared straightforward; he told me what money he was making, and I said I should not mind having one, too—at that time the prisoner was not in the room; I heard that he was away, I think in Bristol, negotiating with somebody about the purchase—when he returned I had completed the business with Mr. Somers alone—he walked into the office, and Mr. Somers introduced him—that was before I had actually purchased the business—when I agreed to toss whether I should give him £400 or £600, the prisoner had not returned from Bristol—out of the £400 I gave a cheque for £368, and the balance was a loss to me—Somers told me the terms on which the prisoner was doing business with him—when the prisoner came Somers said, "That would be a good man for you to have," and gave him a good character—he was not to have three-eighths of the profits, or one-third; I was giving him £6 without that—it was never £6 a week and three-eighths of the profits—Somers told me that he was paying him £4 10s. a week and three-eighths of the profits; nor was he to get £6 a week and one-eighth instead of three-eighths—I took over the office and furniture—I suggest to the Jury that Norton entered my service as an ordinary clerk—I did not know that the office was in his name; I never saw the agreement; I did not hear of it till the case came on—I do not know that the furniture was actually put into the office by Mr. D—; I did not give the £400 for the business, and the business alone—I know now that the
telegraphic address was registered in the prisoner's name, and that he actually paid the price for registering it—this was not discussed before the prisoner entered my service—I went to the Sportsman office, but not to the Sporting Chronicle—I never suggested to them that he was a partner—he did not go to the bank with me to open an account, having seen this account; nor did I go to the bank with him to open the account, or introduce him to the manager, or anyone in the bank as my partner—I have lost over £1,000 through this business—I do not doubt for a moment that the prisoner has gone down and represented himself as a partner; nor have I introduced him as a partner—having seen that letter, I still represent that I did not represent him to the Portsmouth people as a partner—I do not doubt that that is a genuine document—I adhere to it that I have lost £1,000, which will appear by my banking account—the bank did all the business except the telegrams—I cannot say whether I lost £39 3s. 4d. to one of the Somers at cards and betting—I lost to Stephenson £69 and £109; to Goss and Glover, £7 and £11; but the prisoner had some of that, and played it up—I do not suggest that the prisoner had anything to do with that loss to Somers, or with the cheque for £13 10s., and I cannot say that he had anything to do with the loss to Stephenson of £60 for losses at cards—I cannot say how I lost £149 in one night to Stephenson—I did lose £149 to Stephenson at cards; I think the prisoner was sitting on the sofa when I lost it, and not playing at cards—cheque No. 21, Norton, £71, was a loss, but I gave him £51 back—I have played at cards with Goss And Blew—I cannot tell you what I have lost at cards and betting—out of this bank business account I paid Miss Spring £98; that had nothing to do with Norton—I paid a person named Hazell £81 8s, 6d. out of this bank business; that had nothing to do with Norton—there is one cheque for £50 to Norton; he drew out the money—on February 26th I drew a cheque to Norton for £50, which he cashed and handed over to me—that was the day I went to the races; but some of the money was wanted for ready money in the office—I do not suggest that the £50 was drawn for the office; £10 was for advertisements alone—I know a person named Holy—I think I got £10 drawn in Norton's name on January 19th, 1897, and on February 10th £25 in Norton's name, and the money handed over to me; that makes £135—I do not say that £25 was drawn by me for my own private expenses, and nothing to do with the office—I do not suggest that there was any charge of swindling connected with the advertisements, or in the payment for the business—the rent of the office was £35—the amount I lost, I lost some of it in business—I have had a number of betting transactions during that time—I do not suggest that Norton had anything to do with them—I cannot tell you a single person I have paid money out to irrespective of Brown and Lawrence—I first met Brown in the club; Norton was present; I was playing at billiards—I accused Brown of Swindling me on that occasion—Norton did not speak to Brown on that occasion—Brown never came to the club to see me—I saw Norton first meet Brown at the office—I knew him before that as the person I played billiards with, and called a swindler—I told Norton he had swindled me at billiards—I first saw Lawrence when Brown brought him up—I may have been to the Horseshoe in Tottenham Court Road—I have seen Norton and Brown and Lawrence together half-a
dozen times; they were in my office three or four times, and outside the office, standing at the corner—on the Saturday morning that I went to Sandown, Phillips carne to my office, after which I went to his office; he did not refuse to go with me; he had gone—I said on the first occasion that Norton gave me twenty-nine telegrams on the Saturday morning, but that was a mistake; I picked myself up, and said twenty-four. (In the depositions, "twenty-four" was written over "twenty-nine.") Phillips came home from Sandown with me—Norton did not hand me thirty telegrams—I very likely went to the office the next day, Sunday, but do not remember being there—I did not look at the thirty telegrams—I counted the telegrams in the presence of Norton and Phillips—Brown and Lawrence were not in the office when the wire came dated 2.18; they did not come in till an hour after Norton went out—Norton did not suggest to me that one was a bogus telegram—I said, "Dear me, this telegram is late," and he said, "Yes, it is"—he did not say that he would not enter it because it was fictitious—there is a, clock there; I had no watch—I did not ask the prisoner to look at his. watch—the first time Brown came to my office was not through my instigation—when the telegrams were shown me the prisoner did not say, "I shall not enter these in the ledger"—during all the time this ledger has been kept the only entries of telegrams that are not made are these thirty—I think they have all been gone through—he made no objection to going with me to the bureau in Jermyn Street—we saw Wykeham, who said that these men had never been in his office—I have said that I only saw them six times outside and inside my office—the prisoner asked me about the bogus wire; I did not tax him or any other person with it; I would send it to my own brother if I thought he was cheating me—I said to the prisoner, when I resumed that night, that I had tested his honesty, and was quite satisfied with him—I was not going to Sandown when I sent the telegram; I sent it for the purpose of testing his honesty—I did not, on my return, say that I was satisfied that he was all right—I did not go as often to lunch with Somers as he wanted me—I heard him say that he had only lunched with me on two occasions, and that that statement was absolutely untrue—I did not say, "I do not believe you at all Newton; I shall be more careful"—I knew him by two names.
Re-examined. I engaged him in the name of Norton—his wages were always paid—I believed I paid for the furniture; I have since discovered that it was on hire, and not paid for at all—Somers told me he was paying him something for wages, and something for a share in the profits—Summers name occurs very often in the banking account; that is the big Summers; he was the winner—his place of business was three doors off—Norton introduced me to Stephens; I played at cards there, and lost severely—Goss and Bloom are two gentlemen at the club—Loder is a tailor—Goodall is a friend of Norton's—when I looked through the book I noticed the names of Norton's friends—I first heard Brown's and Lawrence's names from Norton in my office.
EDWARD WICKHAM . I am secretary to the Northern Bureau Company for receiving and forwarding letters—on February 22nd a man came to my office, who gave his name, and asked me to receive letters for him, and that he belonged to the 60th Rifles—I gave him a form to fill up, "Sir,—Please register the following, Captain Douglas Pennant for one
year"—after that another man came, and gave the name of Cathcart, and that day, or the next, I gave him a form to fill up like this; he I refused to sign it—two telegrams arrived, which were given to the two men who came together a day or two afterwards—I received no letters—Mr. Shirrefs came and made inquiries, and went away, and came back with Norton, and asked me if any letters had been received for Cathcart or Pennant—I said, "No"—Norton heard that—these two letters have "131, Jermyn Street," stamped on them; they are not our paper.
Cross-examined. Our letters average a hundred a day—we have one clerk, a female—Brown and Lawrence came once or twice—I first saw Norton when he came with Mr. Sheriff, on, I think, March 1st.
SAMUEL STOREY (Detective, E). Prior to these proceedings, I had seen Brown and Lawrence and the prisoner together at the Frascati I Restaurant, but have never seen Brown and Lawrence since these proceedings.
Cross-examined. I was at the Police-court on each occasion—I heard you cross-examine Mr. Shirrefs—I did not give my evidence after that—I never saw the prisoner with Brown and Lawrence except once—Mr. Shirrefs was not in their company; I did not know him at that time—Phillips and several people were there.
GUILTY .— Twelve Months' Hard Labour.
THIRD COURT.—Thursday and Friday, May 6th and 7th, 1897.
Before Mr. Common Serjeant.
MESSRS. C. F. GILL, AVORY, BIRON and ARTHUR GILL prosecuted; and MESSRS. GEOGHEGAN and HUGHES appeared for Radcliffe, and MESSRS. HUTTON and OLDFIELD for Price.
MAJOR-GENERAL FREDERICK WHEELER . I have retired from the Indian Army—in April, 1895, in consequence of seeing an advertisement in the daily papers of a safe investment, I wrote to the address given—I received in reply the letter and pamphlet produced—I then wrote to Mr. Radcliffe at 217, Piccadilly, in consequence of which the prisoner Radcliffe called at my London address. (The pamphlet enclosed in the letter was: "Explanation of System realising £6 or £7 daily with a capital of £100 in Systematic Turf Speculation," and stated the system was "practically infallible "; that it had been worked over six years; that £500 profit had been paid to clients on each £100 invested, after deduction of commission of 10 per cent, on winnings—i.e., a weekly average of over 10 percent.; that the system could only be worked on the course, and stated; "I am willing to work any proportion of £100 share, to commence with, from £10 upwards," that "a share can be taken up any day in the week," that shares were "repayable on demand before or after a week's operations," and that "the enclosed balance-sheets of actual results will explain the working, and show the marvellous returns of the system," signed, "GERALD RADCLIFFE." There was a posticript in red ink: "Being
away at the meetings on all racing days, appointments for personal inter views must be made, and will be arranged as quickly as possible," also" "£100 commands weekly average of £30 (less commission)," £50 of £15, £25 of £7 10s., and "large and smaller sums in same ratio.") He called himself Radcliffe—he explained his system, and I said, "Is there any risk?"—he said, "None whatever"—I said, "Mr. Herbert Smith, a bookmaker, has published a book on the subject, and he considers this First and Second Favourite System as risky as any other"—he said, "I know nothing about him; that may he his system, it is not mine, and I assure you there is no risk whatever"—he proceeded to prove why he could give me that assurance—he said: "I was left by my mother and father as a young man with a lot of money, and, not knowing what to do with it, I went in for racing promiscuously, and lost £20,000—I then invented the system, and by means of it I not only retrieved my loss, but made a good bit Asides"—I believed his statements, and that he was carrying on a bona fide, business—in that belief I paid him the cheque (produced) for £25 of April 10th, 1895, payable to "G. Radcliffe or bearer"—it is unnecessarily endorsed, "G. Radcliffe"—I received the receipt of April 15th from 217, Piccadilly, for this one fourth share—on April 20th I received profits £2; on 23rd, £2 3s,; on May 1st, £3 19s.; 14th, £1 10s.; 21st, £3 15s.; and on 28th, £1 16s., by cheques on the Cheque Bank—encouraged by that, on May 22nd, 1895, I invested £100 by cheque of that date; also, on June 10th, £400; and on August 10th £100—after May 22nd I received two cheques of £3 profits—with regard to the £400, I first sent four bankers' deposit receipts of £100 each—Radcliffe answered that he could not negotiate them, and I wrote him to return them—I mentioned that Mr. George Burton's system afforded a higher rate of profit, and I received Radcliffe's letter of June 8th. (This expresses surprise, and said that if he invested he would inevitably lose his money, as he did with Ingram, and offering to reduce the commission to five percent., so that the witness's profits would be double.) I had invested I £25 with Ingram, and lost it—the day following the receipt of that letter Mr. Radcliffe's manager called on me; the same person who was at the bank when the £400 was paid at the bank—he confirmed Radcliffe's letter—in consequence of statements made in that letter I went to Messrs. King's bank and exchanged the deposit receipts for a draft of £400, which was handed to Radcliffe—I subsequently received Cheque Bank cheques for profits amounting to £9 8s. and £20 and £5, having I invested £525—I received this letter of July 2nd. (This stated that there had been a disastrous time at Windsor, etc., enclosing week's balance-sheet, showing week's result as £206 outstanding, and asking for further advances for recovering losses.) I replied on July 30th, I stating I would advance another £100 only on his guarantee—he replied on August 1st, that was unfair to him, and asking whether Mrs. Taylor would join in advancing money for recovery of the losses—I had introduced Mrs. Taylor—I received his letter of August 3rd. (This agreed to guarantee the witness against the loss of £100, and regretting that Mrs. Taylor would only pay £50.) The whole of the letter and the signature I is one writing—I had not seen Price at that time—I sent him this £100 by cheque of July 30th, which was acknowledged on August 8th—I
next received this letter of August 23rd. (Stating that Radcliffe had recovered £20 and £5.) I had asked him for a reference, but only made use of it before introducing Mrs. Taylor—I was referred to Keith Macdonald, of Hove—I received this letter of September 4tb. (Enclosing the weeks balance-sheet, and stating that Radcliffe had recovered £131 18s.) Also one of November 27th. (Stating that the amount received was £187 13s. 6d., and he would attend to the recovery as quickly as possible, but that it would facilitate matters very much if he let him have a little more to work with.) To that I wrote that he had a balance of nearly £300, and that was quite enough—about December 2nd I wrote, demanding that he should pay over what he had recovered—I got Radcliffe's letter of December 4th. (This stated that the witness? request was contrary to the arrangement made, which was that Radcliffe was to retain the moneys till the whole capital was recovered.) I replied, demanding a return of the money first, and then said, "I will cry off the rest if you will let me have £100 and the £187 recovered," when I got a reply, showing a further loss of £179 on the week—on December 18th I received this letter. (Stating that he (Radcliffe) had been ill, that the profit and loss accounts sent had nothing to do with the capital recovered, as to which the witness had stated he did not care if the process took twelve months; that it was inconvenient to return money when he had been subject to a financial shock, but he hoped by the new year's operations to recover part of the money lost.) I wrote again, and received Radcliffe's reply of February 24th, 1896. (Stating the jumping season was unfavourable, and he did not think it advisable to do anything before flat racing commenced.) He had said the jumping season was the best season, and that steeplechasing was the best business—on April 4th I received this letter from him, enclosing £5—it is in one writing (Ex. 137)—this was represented to be part return of the capital—I wrote that it would take about twenty years to pay the amount off, including Mrs. Taylor's £100.
Cross-examined by MR. GEOGHEGAN. I came to England on my retirement, in 1892—I lived in London—my first racing case was with Ingram—that was shortly before Radcliffe's—I never attended race meetings in India—I saw Ingram's advertisement in the newspaper—I communicated with Burton; I did not invest with him—I did not follow racing events in the papers—I read Herbert Smith's book because I saw him in consequence of his advertisement, and I was not satisfied—I believe he is a bookmaker—I also saw something in the Pelican—I was not interested in racing, only that I thought it was a good investment—I have invested in the Stock Exchange a little, not in companies—I was not successful on the Stock Exchange—that was before I invested on the turf—I am not a sportsman—I do not read the sporting papers as a rule—Radcliffe may have refused my £500, and said that his limit was £400, but he afterwards said he would take anything—I believed there was no risk with him—I believed in his experience—I believed there was risk on the Stock Exchange—I believed Radcliffe's statements, and relied on them—I communicated with the police after the £5 was paid—I first consulted my agents, Messrs. King and Co.; then I got an introduction to Mr. Lick-fold, of Messrs. Lewis and Lewis, and I consulted him—then I went to the police—I consulted the editor of Who's Who? before I consulted the police—I made a statement to the police; I did not go to Mr. Newton's Court—the
police took my statement in writing—I showed the letters to the police—I do not know Callam—I know Tomlin only as having to do with Radcliffe's offices—he called on me at my office—his address is No. 3, York Street, St. James's—I think I saw him twice—that is where Radcliffe had lived—I told the police what Tomlin had told me, but I do not think it was recorded.
HARRY TWELFTREE . I am a railway porter, of Somerset Road, Silver Street, Edmonton—in April, 1895, I saw an advertisement in the daily papers, offering investments—I answered it, and received this letter. (Dated May 1st, 1895, and enclosing the former pamphlet.) I communicated with Gerald Radcliffe, of 217, Piccadilly—I received this reply. (Stating that a £10 investment would bring an average weekly return of about 25s.; the capital could be withdrawn at any time, but not many clients wished to do this; and offered to make an appointment for Monday afternoon.) I went and saw the prisoner Radcliffe, at 217, Piccadilly—I told him I had come to see him as to the advertisement I saw in the paper—he asked me what more I wanted to know, as he had sent all the particulars—I told him I would like to invest £10 if it was withdrawable at any time, and he said it was—he said I should get an average of 25s. a week on it—when I got home I sent him a money order for £10—at that time I was out of employment—I his receipt produced (Ex. 138)—I also received letters encloseing counts for week ending May 13th, 20th and 28th, and June 4th, 11th and 25th, and invitations to increase my subscriptions—I also received profits £2 8s.—I afterwards went to 217, Piccadilly, to withdraw my £10—when I asked him to give it to me, he said he could not do it, as he had lost it all, and if I did not invest any more my account would stand out altogether, but if I would invest more he would do the same for me as he had done for other people—I told him I was out of work, and wanted it, and he lent me £1—I then wrote, demanding my money, and got his letter of July 16th. (Complaining that as it was a speculation, after being lent £1, the witness should prexume to write as he did, and that he (Radcliffe) was not responsible for anything.)
JOHN SMITH . I live at Wyke, near Bradford, and manage some works there—in April, 1896, in consequence of seeing an advertisement in a London paper, I wrote to the initials in the advertisement, and received a letter and pamphlet and three balance-sheets, showing the working of the first and second favourite system at Birmingham on February 4th, at Gatwick on February 5th and 6th, and at Kempton Park on February 7th and 8th, at Nottingham on February 11th and 12th, at Sandown on February 14th and 15th, at Manchester on February 18th, at Leicester on February 19th and 20th, and at Hurst Park on February 21st and 22nd; each showing a win—having read these, I sent by the cheque produced £25 to Gerald Radcliffe, which was acknowledged (produced)—I also received balance-sheet for the week beginning April 21st and 22nd at Epsom, and for April 23rd and 24th at Sandown, also showing a win—I also received £2 profit, with which I was dissatisfied; in consequence of which I wrote to Radcliffe, asking how the £2 had been arrived at, he having stated in his circular that an investment of £25 would bring in £7 10s.—I received this reply. (Stating that £30 commission was charged on the week's profit o/£100 out of between £500 and £600 profits
made, but expenses were very heavy, and that if the witness too prepared to increase his investments Radcliffe would reduce his commission.) I Answered that, and received another balance-sheet for the next week—having read it and considered it, I decided to. invest a further £125, and sent him the cheque produced for £92 11s. 10d., and the balance by two of my customers' cheques—I then received this balance-sheet (showing a loss) in this letter. (This stated that this loss was "only money standing out of capital to be recovered," and was a good example of what a severe test the system was capable of standing.) I then received this letter and balance-sheet. (The letter stated that "we had a most disastrous time at Chester"; that "we never experienced such a loss before "; and asked the witness to help Radcliffe to recover lost capital by forming a reserve fund, which would secure them against future loss.) The balance-sheet shows £442 19s. to be recovered on each share of £100—I did not understand the system—I wrote again, keeping this copy. (This told Radcliffe that if he could redeem his own loss lie could redeem the witness's loss, and offered a cash present if he could get it back.) I got ao answer, and on May 20th wrote this letter. (Threatening, if the money was not forthcoming, to put the matter in other hands.) Then I got this letter of May 22nd, signed "G. R., Clerk to Mr. G. Radcliffe." (Stating Radcliffe was at meetings, and, no doubt, would reply on his return.) Also this letter of May 26th from Radcliffe. (Acknowledging telegram, stating that he was an equal sufferer, and hoping the witness would see his way to combine his interest with Radcliffe's.) In that letter was a balance-sheet showing a loss of £145 8s. on each £100—I then wrote this letter of May 27th. (Stating that the tvitness would endeavour to recover his £150, or at least prevent anyone else being treated as lie had been.) I received this reply of May 30th, saying that he would reply on Monday—not getting this letter, I wrote, threatening proceedings unless I received a remittance by Tuesday next—I got this letter of June 1st, 1896. (This stated: "By all means waste money in litigation if you like. I am ready to prove my bona fides up to the hilt.") At the time I parted with my money I believed Radcliffe's representations as to his system, and his bona fides in carrying it out.
Cross-examined by MR. GEOGHEGAN. I employ twenty to thirty men—I travel a little—I do not know Doncaster—I never betted on the turf before this investment—I have had circulars—I answered one from London—I sent money in one instance to Mr. Miller—I do not know the amount—Miller is "wanted"—I expected there was a chance of losing money with Miller—his account was not more "flowery" than Radcliffe's—he did not promise me longer odds and better prices—I have been on a racecourse and in a ring—I have seen bookmakers—I will not swear I have not made a bet on a racecourse—Radcliffe said there was no risk—I thought there was a "part risk"—I do not believe everything I am told—I take it with considerable discount as a business man—the end of 1896 I came to London—I saw the police—I did not consult a solicitor before I went to them—I went to Sergeant Drew, in Piccadilly, and told him the circumstances—I showed him the documents referred to to-day—I do not read the Sporting Life, nor the Sportsman, nor the Sporting Times—when I wrote Radcliffe, "You should have got it back at New-market," I had read about Newmarket in the Yorkshire Post.
Re-examined. Miller advertised a perfect system of investment on the turf, by which you were bound to win and could not lose—he was sent for trial here—when he was wanted he could not be found—I read in Radcliffe's circular that he had paid clients on each £100 share profits averaging over £500 per annum; I believed it—I believed the printed balance-sheets of the week's working were genuine records of the work Radcliffe had done.
LOUIS AUGUSTUS LOFTUS . I live in the City—I am independent—at the end of May, 1896, seeing an advertisement in the daily papers in reference to investments, I wrote to the address given and received a letter enclosing a printed pamphlet similar to those produced—I made an, appointment, and saw the prisoner Radcliffe at 217, Piccadilly, on June 1st, 1896—he told me he had invented a system called the First and Second Favourite System, and he was the manager, of a syndicate who were floating it; that he had worked it for five years without the slightest risk, and there was no risk whatever; that, by giving notice at the beginning of the week, I could have my capital back at the end of any week—I believed his statements, and what I read in the circular—I handed him this cheque for £10, and he gave me this receipt—I saw him write it. ("For 10th of share in Syndicate, repayable when in hand.") I said, "What does 'repayable when in hand' mean?"—he explained that if I gave notice at the beginning of a week, he would have the capital in hand at the end—I am Swiss-Irish—I was born in Ireland—he said, "You must ask for it at the beginning of the week," and that I could give notice in the middle of the week—I received this letter of June 9th, enclosing cheque for 15s. as my profit, and the balance-sheet for June 3rd, 4th, 5th and 6th—I wrote him for an explanation, and received this letter of June 10th. (This stated that where the witness made a mistake was in the commission charged on the gross profits as the expenses were so large, but if he would increase his investments, he would charge half commission, in which case he would be getting over 1,000 percent.) The postscript is: "In addition, as a new investor, you do not participate in the £13 left out in the profits of the week, and carried on into this. That applies only to investors of that sum"—I then decided to make a further investment of £15, in consequence of having received two cheques for £1 and 7s. 6d. profits—I got a receipt for my £15, and a balance-sheet for the week beginning June 30th, which shows a win on the week—I was told that profits were so small, but that I would get within a week my share of a profit of £19 12s.; I never got it—on July 13th I received a balance-sheet for the next week, a cheque for £2, and a postal order for 5s.—I also got a letter enclosing cheques for £3 and 7s. 6d.—he asked me to make up my share for Goodwood—he suggested I should increase my share, as Goodwood would be such a good week—I declined to increase it—then I got this letter of July 24th. (This stated; "I regret that you do not wish to make up your share for Goodwood, as I am afraid after this you will not be able to, as my capital is nearly all subscribed, and I shall not be able to take any more when it is all gone.") I next got this letter of July 27th, with this balance-sheet. (The letter stated that Saturday had been a very bad day, and that the balance-sheet showed a loss on the week of £24 8s.) I then received this letter of August 4th, enclosing the balance-sheet for Goodwood, showing a loss of
£105 on each £100 share in consequence of a loss on the first favourites, and an "advance of capital to recover your portion of the same"—I then wrote him, suggesting that I should send an accountant to examine his books, and received this reply of August 10th. (This stated: "The accounts you receive from week to week are exact replica of my books"; that he could not expect to recover his capital without expense, and "If you do not care to accept my proposal you must put up with the fortune of war.") I replied by letter, of which this is a copy. (Stating: "I shall take steps to show you you cannot speculate with my money and lose it"; and "If you mean to do me, my dear sir, you have made a mistake. I have collected enough material to show the real character of your business.") In answer to that, I was referred to his solicitor, Mr. Bernard Abraham, whom I went to see, but got no satisfaction from my visit—I had parted with £25.
Cross-examined by MR. GEOGHEGAN. I got back £9 5s.—I do not live in the City—I go there every day—my office is "The London Industrial Agency"—it has nothing to do with companies—as I am owner of the place, I do not transact business there—I go there to occupy my time and get an insight into City life—I share a room—the business is as company promoters—I am not a company promoter—I never did promote a company—I never tried; I have not taken part in it—I have given my services always free—I see people—I said before the Magistrate: "I thought it possible there might be a company in which there was no risk, even when it was connected with the turf;" and "I thought this company might be different from any I had ever heard of, and that there was no risk"; not really that, but something similar—I know the nature of an oath, and would not willingly make a false statement—people often say a deliberate lie, but not in the witness-box—I might tell a lie, I cannot always tell the truth—I suppose it is a national impediment—I did not tell a deliberate lie in this case; I told a deliberate lie to Mr. Radcliffe to get back my money when I said I had sufficient proof to convict him, and I did not have sufficient proof—I have never betted on the turf, nor on a boat race, nor bicycle race—I have been to a race—I really did not think there was any risk—I took the gentleman's word—I did not accept everything he told me a true, but took his statements with considerable discount.
JOSEPH WATKINSON . I am manager of a business at Dewsbury—in November, 1896, I saw this advertisement in the Yorkshire Post: "A Boon to Small Investors." (Offering 25s. weekly on every £10 invested "with the capital under your own control. No stocks or gambling transactions. Apply to Mr. S. Hankey, 35, Cadogao Street, London.") I wrote to that address, and received this letter, enclosing a printed pamphlet like this, and two balance-sheets showing the working of the system at Lewes, Brighton, Birmingham, Ascot and Alexandra Park, from June 9th to 20th, and showing winnings of £26 10s. and £41—I wrote to Radcliffe for a reference in Lancashire or Yorkshire, and received his reply of November 6th. 1896. (Stating that he had only just commenced to extend his business to the North of England, but would refer the witness to his clients there on receiving their permission; meantime referring to Keith Macdonald, Esq., 5, Albert Mansions, Hove, Sussex.) I wrote to Macdonald, and received his reply of November 10th, 1896. (Stating that he had been an investor
over two years, his profile had been regularly paid, and he believed the business was conducted in a thoroughly honest and straightforward manner "quite different to the one you mention"). I had said that I hoped it was not like Miller's—I believed that was a genuine reference from an independent client, and I sent him this cheque of November 12th for £10, and received this receipt—I would not have sent the cheque if I had known that Macdonald was the prisoner—I got this letter of November 24th, enclosing 15s. as profit—I was dissatisfied, and wrote him to that effect—I received this letter of November 27th. (Referring to the prospectus, and stating, "Whereyou make the mistake is in the commission," etc., and promising double profits, etc.)—the letter contained a balance-sheet, showing the week's racing at Leicester and Derby had resulted in a win of £33 6s. for the week—on November 30th I received a further cheque for 17s. 6d.—on December 3rd I invested a further aum of £10 from my sister, who received the receipt—I got this letter of December 7th, enclosing a balance sheet and a cheque for £1 for profits—the letter is all the same writing (Ex. 99)—I received this letter of December 4th, enclosing account of profits, and the postscript, stating he would be in Leeds next Monday afternoon or evening, when he could see me—I had requested an appointment—the balance-sheet showed a small winning that week; that week I got nothing—I got an appointment to meet him at the Great Northern Hotel, Leeds, and I met him there on December 21st—he said, "I suppose you are Mr. Watkinson?"—I said, "Yes; I suppose you are Mr. Radcliffe?'—he said, "Yes"—I asked him if his investment was a genuine one—he said, "Yes"—I asked, was it like Miller's?—he said, "No. Of course you may know I work with great care, because I work £500 of my own capital at the same time," and I think he said that he worked two more sums of £500 besides—I asked him what was the largest sum he ever worked, and I believe he said he had worked £600, which he had from a military gentleman—I mentioned that there might be a possible loss of the capital, and he said that he had never lost capital, but had lost profits—I asked him if there had been a loss on the system in 1896—he said, "Oh, no!"—I said; "I thought there had been"—he said, "You are wrong"—I said, "Then I am wrong, that's all"—I told him I had written to Macdonald—he said, "What did he say?"—I said, "He spoke well of you"—he said, "If he gave me a good name, it is all right," or words to that effect—I then agreed to increase my investment to £100; one share—I had invested £10, and intended to give £90 more—I said that my sister might increase her investment, but I was not sure—I said I should send it about the middle or end of January—he said, "Let me have it as soon as possible, because my book is filled for the winter season"—he then handed me a cheque for my two weeks' profit, 27s. 6d.—on January 5th I got a further cheque for £1 6s. profit and a balance-sheet, and the following week, January 8th, another cheque for £1 5s. 6d.—I arranged to meet him at Manchester, but could not, and met him at Nottingham on January 25th, with my wife, at the George Hotel—at that time I had seen in Who's Who a reference in an article to Badcliffe, which I showed to him, and asked him if it was true—I forget the words, but the effect was that his system was not genuine, and there was something about a military gentleman having lost his money—he said there
was no truth in it—I also asked him if his system was safe, and all right—he said, "Of course; the Bank of England might fail, and so might I"—I gave him a cheque for £90 to make up the £100, and a cheque for £15 on behalf of my sister—he wrote the receipts on the hotel paper and gave them to me (dated January 25th, 1897)—my cheque is dated January 20th because it was written three or four days before—it was arranged that he should send me a statement afterwards, and he did so—I asked him for a stamped receipt, so that I could have my money back—I received this afterwards by post: "I hereby promise to pay on seven days' notice £100, when in hand, to Joseph Watkinson for value received"—I next got this letter of February 8th. (Asking for £50, "so that he might be on the safe side") Snow was on the ground, and there was no racing—I also got balance-sheets of January 19th, 20th, and 22nd, and February 4th, 5tn, and 6th, showing a loss on the week of £35 16s.—I sent a telegram that day—the answer (produced) is, "Gone away. Left no address"—that was official from the Post Office—I had addressed it to 217, Piccadilly—I also sent him a registered letter on February 10th, but received no reply—at the time I parted with my money I believed in the genuineness of the reference and of the business—I also had a reference from Mr. Wright, of Durham.
Cross-examined by MR. QEOGHEGAN. I got £6 11s, 8d. returned to me—I was also referred to Mr. Waugh, of Salford, whom I saw—I did not demand my money back, because I did not know where to find Radcliffe—I did not demand it before he was arrested—I am a chemist—I am in a firm of chemical manufacturers—I had not followed the racing of 1896—I had noticed in the papers the Favourite System had been a failure—I have made a bet, but it is some forty years back—this is not my first transaction connected with the turf—I have had a flutter with Miller—I sent him money—I won a portion—I was not satisfied with him—I have also invested with a Mr. Fremantle, not since this affair—I also know Mr. Beaumont, of Chancery Lane, a commission agent—he promised 1,000 percent., and a return of £10 in the month—I believed him—I considered there was a little risk—I have speculated on the Stock Exchange, and won and lost—I was gambling for the rise and fall, "bulling" and "bearing"; everything in life is a gamble, even horseracing—I swore before the Magistrate: "I do not consider horse-racing gambling," I thought it a speculation—I considered that Radcliffe worked on the course as a broker does on the Stock Exchange—I relied on his prospectus—I invested as small sum with Beaumont—I did not get 1,000 percent.—I lost half my money, the other was returned since these proceedings—I told Radcliffe at Nottingham I was hesitating whether to invest the £90 with him or with the man who had promised 1,000 percent, profit—I was so satisfied with Radcliffe that at Nottingham I told him that he might give me as a reference—that was when I advanced the £90—the appointment at Manchester was at the Royal Hotel, when races were going on—Waugh told me he had seen Radcliffe at Manchester, when the races were going on—Miller was in the habit of sending prices to his customers based upon starting prices.
Re-examined. I received about £40 from Miller, then it stopped; I lost from £70 to £90.
Tollington Park—in November, 1895, I saw this advertisement in the Daily Telegraph: "A chance for investors, large or small, seldom met with. Income of £2 per week absolutely guaranteed on every £25 invested, without services, in a West-end cash business requiring more capital. A certain return, without risk, trouble, or hazardous speculation. Books open to investigation. Further particulars in confidence by letter or appointment" (to initials), "96, Westbourne Street, Eaton Square"—I replied at that address, and received letter, printed pamphlets, and balance-sheets, showing winnings on each week. (The letter contained this postscript; "I find that my pamphlets and balance-sheets have been copied and circulated by others, but as I am the only person working daily in Tattersall's, at all meetings, verb, sap") For some time I took no further notice—I continued to receive balance-sheets, always showing a win—then I got this letter of December 23rd, 1895, (inviting subscriptions and offering references)—I replied, asking for a reference, and received this letter of December 31st (enclosing balance-sheet and referring to Macdonald)—I wrote to Macdonald, and received this reply (a similar favourable reply to the others)—I continued to receive balance-sheets nearly every week, showing wins up to April, 1896—I wrote, suggesting I was going to subscribe, and got this letter of April 17th. (Offering to charge five percent, mxtead of ten percent. commission, the usual charge, so that "you also will double your profits.") I then sent or took a £10 Bank of England note, No. 21295, to 217, Piccadilly, about midday—I found the office closed, and left the letter in the box—I got this receipt of April 25th—I had said I had £100 for investment—on May 4th I received a bank cheque for 15s., my share of winnings, and on May 11th a further cheque for £1 for profits—I then got a balance-sheet for the week ending May 1st, showing a profit of £28 17s. for the week, in answer to a letter from me, asking for explanation—I received letter of May 18th, enclosing balance-sheet for week ending May 16th, showing a win on the week of £26 18s.—I received Ps., my share, with the letter, and on June 1st £1; on the next Epsom week, for June 9th, I got 9s; on June 15th, 25s.; and on June 22nd, 15s., with a postscript to the letter: "I am still reserving the further £90 for you, as you wish; kindly let me know if you wish to take it up shortly, as it is now all I have left, and I can dispose of it elsewhere if you do not require it"—I wrote back, asking him to reduce the commission, and I would send £50—I was answered on June 25th. (This stated that he had never charged Five percent, on less than £100, but would do so if the witness would undertake to increase his amount to £100 in a month.) On June 29th I got a cheque for 16s., my share of profits, and on July 7th a cheque for 23s.—on December 14th I went to 217, Piccadilly, with another £10—the office was closed, and I left it in the letter-box—I got a receipt, and on November 25th a further cheque for profits—I never gave Radcliffe my permission to refer to me. I received this letter from him. (Thanking the witness for giving him a reference.) I mentioned that I had had an inquiry from somebody in the country, but the prisoner did not communicate first with me—two persons wrote to me about him—the correspondence went on, and up to December 21st I always received favourable-results—on December 7th I received this letter. (Postponing sending the balance-sheets showing results at Newmarket.) On December 21st I got this
letter. (Reporting an unprecedented loss, and suggesting that the witness should secure himself against future risk by placing a sum to a reserve fund, to be used only should such a contingency arise.) I also received this letter of December 28th (further pressing the suggestion of a reserve fund)—I answered on December 29th. (Reminding the prisoner of the witness's offer of 50 percent, on the investment to be placed to reserve, and that he had two other clients wanting investments.) His last letter enclosed a balance-sheet for January 18th, showing a small balance on the week, which the prisoner proposed to carry to the next account.
HERBERT GREY (Detective Officer.) I saw an advertisement on September 7th, 1896, in the Daily Telegraph. ("A chance for investors to enter a West-end business as sleeping partner," etc., profits "averaging at least cent, percent. Address, Augustus Petitt, 41, Sloane Street, S.W."). I communicated with that address, and received this type-written reply, with a balance-sheet, showing the working of system—I wrote for a reference, and received this reply. (Referring to Mr. C. Jarvis, 1, Stone Street, Tollington Park, North End, who had been an investor for some considerable time.)
Cross-examined by MR. GEOGHEGAN. I know Inspector Drew, of Scotland Yard—I had been acting under instructions—I had been in communication with Drew—I wrote to this man from 47, Bernard Street—I invited him to make an appointment—he called at my house—I asked him to see me at a neighbouring public-house—I had seen Drew the same day; he came into one bar while the prisoner and I were there—I, believe that was fur the purpose of identifying him—I knew the prisoner's personal appearance, but not where he lived—my letter was answered from offices—I did not address a letter to 2A, Southampton Square, nor, to the Polytechnic, Regent Street—the negotiations in September fell through—I wrote him again from London Street, Paddington; I think in February, 1897—in September, 1896, Drew did not tell me he had seen Mr. Smith, from Yorkshire, nor General Wheeler, nor any gentleman.
Re-examined. I took these proceedings for the purpose of identifying the advertiser, and succeeded.
EDITH MARY HINE . I now live at 106, Elgin Avenue, Maida Vale—in 1896 I was living at 5, Albert Mansions, Hove, as companion to Mrs. Macdonald—I saw the prisoner there as Mr. Macdonald—sometimes he was at home and sometimes away—I know his writing—I was asked to copy these letters by Mrs. Macdonald, who received the drafts from Mr. Macdonald in his writing. (These were the reference, signed "Keith Mcwdonald" given to Jarvis and Watkinson.) I sent them to the post—the addresses were sent with the drafts, and sometimes there were directed envelopes—I was there four years—I have copied about thirty other letters from time to time, and sent them by post—letters that came to Mr. Macdonald were sent on to him—I knew nothing of his business—some were addressed to "Sydney," Jermyn Street, No. 100 and something.
Cross-examined by MR. GEOGHEGAN. I did not know the prisoner's occupation—I have never received letters from him from race meetings—I left his wife on March 1st last—I do not think she knew his business.
Cross-examined by MR. HUTTON. I understood Mr. Macdonald came when he could—during the four years he was living practically away—he
stayed two or three nights at a time—he would come again in a week or a fortnight, and sometimes not for weeks.
Re-examined. There was no separation between them—he never said anything to me to lead me to believe he was attending race meetings.
ANNIE BIGGS . I am a clerk, of 34, Victoria Street, Paddington—I know the prisoners—I was employed by Radcliffe from November, 1894, to about June, 1895, at 16, Great Maryborough Street—I knew him as Armstrong—then we went to 53, Warwick Street, Regent Street, where he was known as Percival—he had one room at each place—he stayed at Warwick Street about four months—then we went to 3, York Street, Jermyn Street—there he was known as Armstrong—he stayed there till July, 1896—then we went to 23, Northumberland Avenue, where he was known as Graves—he continued there till his arrest—I had the typed letters of 217, Piccadilly, at Great Maryborough Street—I never worked at Piccadilly—the same heading of 217, Piccadilly, was continued on the letters which were written at the places I have mentioned—I went to Piccadilly to fetch letters—I was paid 18s. per week—I gave the letters to the prisoner—he dictated answers, and I typed them—Miss Dives was another clerk all the time I was there—she did not write letters; she collected them—we did a few of the Armstrong letters from Great Marlborough Street—I first saw the female prisoner at Great Marlborough Street while I was in the male prisoners service, mostly on Mondays, at all the addresses, but occasionally on Tuesdays—the male prisoner used to come with her, or before her—she went out, and came back in the afternoon—she signed cheques—Mr. Radcliffe paid me—cheques were drawn on Mondays—sometimes Mrs. Radcliffe would write postscripts to the letters dictated by Mr. Radcliffe—I have been shown letters at the Court, written by her—I called at newspaper shops by Mr. Radcliffe's directions, at Westbourne Street, Eaton Square, and 131, Jermyn Street, a letter bureau, to get letters and answers to advertisements—some letters left at Cadogan Street were in the name of Hankey, at Jermyn Street in the name of Sydney—I took the letters to the office, gave them to Mr. Radcliffe, or left them on the table—when he was not there they were forwarded by Hine to Reading—I sometimes enclosed printed balance-sheets in the letters; I acted under Mr. Radcliffe's directions—I got some of them from Thurgate, the printer—the pamphlet and letter were the regular forms used in answer to advertisements—I enclosed one of each in the regular course of business—the name and address of the answered was entered in a book—there were no other books—the balance-sheets sent out were different the same week—I only looked at the amounts at the bottom—I sent letters to the male prisoner at Reading and Long Acre, in the name of Captain Grant—I sent to Long Acre once—it is a flat—he went there about October last—I took letters there before posting them—I generally left them at the door—I have seen the female prisoner there as Mrs. Grant—I supposed she was his wife—I was never told she was Mrs. Radcliffe, but I have heard her called so—I knew she signed cheques—I never saw cheques in the name of Price—the letters marked 38, 40, 42 and 49 are in Mrs. Radcliffe's writing; also Nos. 118, 120, 121 and 127; also cheques 110 and 112 are endorsed by her—the cheque from Smith is endorsed by Mr. Radcliffe; also 138, 139, 141, and the postscript to 143; 144 is signed by her, and 25 and 26 are Mr. Radcliffe's writing.
(The latter two were written from Holloway to the female prisoner about bail and so on.)
Cross-examined by MR. GEOGHEGAN. I have known persons inquiring whether there was any risk in the business, and by his instructions I had replied that there was a risk—in one case he declined a woman's offer to invest on the ground that she could not afford it—I was told that letters were dated from 217, Piccadilly for convenience.
Cross-examined by MR. HUTTON. I had always known Price as Mrs. Radcliffe—I called her Mrs. Radcliffe at the office—I saw her once or twice in the flat, but did not speak to her—when Radcliffe took the name of Grant she was called Mrs. Grant—I never saw her letters signed Grant—she assisted Miss Dives and me when we were busier than usual—she was out a great deal and would call for him to go in the country by train—she did not take off her hat and cloak and work in the office—the type written letters were always dictated by Radcliffe, and the postscripts—I used to go to the Cheque Bank, but Miss Dives nearly always went—I never saw Radcliffe sign a cheque in Mrs. Grant's name.
Re-examined. This letter, signed "G. Grant," is the female prisoner's writing. (Dated October 17th, and stating that in consequence of leaving hurriedly for Brighton he was unable to send out cheques which were asked to be allowed to stand over to the next week.) These cheques are also filled up and signed by her as Radcliffe.
Cross-examined by MR. HUTTON. I knew that the prisoners had been, living together since 1889.
Re-examined. His full name is James Samuel Macdonagh—he used to go to Hove to see his wife, to whom he was married in 1880—I knew he went there, but I never visited her—I am a retired surgeon—my son is a medical man.
JOFN WORTHAM . I am a clerk in the Bankruptcy Court—I produce the file of proceedings in the bankrupcy of James Samuel Macdonagh—the date of the petition is August 23rd, 1889—he is described as of 11, Clement's Inn, Strand; Forest Road, Chingford; Doctor of Medicine, surgeon, and commission agent—the Receiving Order was made on August 23rd, 1889, and the adjudication was on September 7th, 1889—his liabilities were £448 9s. 6d., and his assets estimated at £114 0s. 3d.—no application has been made for an order to discharge—there has been one dividend of assets of 5 3/4 d.
EDWARD THURGATE . I am a printer, of 18, Harrow Road, Paddington—I know the prisoners—I worked for Mr. Radcliffe for five years; since 1892—I printed the balance-sheets—the numbers varied from 230 to 270,. averaging 240 weekly—there were three, and sometimes four distinct sets of balance-sheets in the same week—I generally printed 200 of one, and a dozen or twenty-five of the others—some represented a loss and others a gain on the week, invariably—sometimes the copy was sent, and sometimes Mr. Radcliffe brought it; at other times it came by post, or by messenger—I never asked him why the results were different; as printers we do the work given us to do; we think what we like—No. 12 represents the results of the week at Newmarket and Windsor on April 28th, 29th,.
30th, and 31st, and May 2nd, as a loss of £28 12s.—No. 36 represents the same week, omitting May 2nd, as a win of £28 17s.
Cross-examined by MR. GEOGHEGAN. I have done similar printing for other persons, when the same thing has occurred—there were seldom four balance-sheets; generally two, or sometimes three—I have no experience of the Ring—I have received the copy from various parts of the country, where racing has been going on in the earlier period; the latter I am not so sure about—we received copy by post for the days up to Friday, then the Saturday Mr. Radcliffe would bring the copy—I receive copy from two other betting men—it is usual on the same weeks to print some balance-sheets showing profits, and others losses—my books will show their names, but I do not wish to do them harm; it is their fault if they get into trouble, but I do not see that I should set the law in motion.
Cross-examined by MR. HUTTON. I saw Mrs. Radcliffe the first day I called at her house—all business conversation was between me and Mr. Radcliffe—as to the cheque signed in her name, I heard him say to her, "You may as well give him a cheque"—she wrote it out in consequence—I received my instructions from him, but sometimes she brought copy and said, "Mr. Radcliffe wants (so many) copies."
Re-examined. I received draft balance-sheets from the country till the flat racing ended—in 1895-6 they generally came from Reading and other places—I was paid by her cheques, in cash, and by bills—one of my other betting customers introduced the defendant to me.
JAMES MASTERS . I am overseer of the Western District Post-office—I produce letter of December 2nd, 1896, signed "Gerald Radcliffe," with form of request for the redirection of letters addressed to 217, Piccadilly, to" 241, Jermyn Street.
Cross-examined by MR. GEOGHEGAN. I am not aware that he requested the redirection of telegrams—that would require a different form, and is not in my department; a blue form.
SAMUEL GREENAWAY . I am employed at 23, Skinner's Yard, as a coachman—I' know the defendants—I was coachman to the male defendant from November 27th, 1895, at White House, Sunning, Berkshire—they lived together as Mr. and Mrs. Grant, and Captain Grant—I lived with them till January 1896—we had six horses, two were hunters, the others were ridden and driven—there was a phaeton, an Irishcar, a pony car, a trotting cart, and a Ralli cart—the female rode sometimes—she hunted one day in the week, sometimes two—the house was three miles from a station—there were two servants besides me and a lad in the stables—in the house were four servants and a man servant for a short time—he was away two or three days a week—we moved to Shinfield Grove, near Reading, in January, 1896; that is also three miles from a station—there was a garden and one gardener—they lived very much the same life there—we left there the end of May or June—I drove him to the Maiden Early and Hawthorn Hill Races, small country meetings in the neighbourhood—I joined him at Eastbourne, after being away for a week or two, for two or three months during the season—I first went to 9, Spencer Road, then to Sea View—he only kept a pony then—we went from Eastbourne to the Limes, at Worthing, in the autumn of 1896—at Eastbourne he went out boating, cycling, and I don't know where
sometimes in flannels—I do not know how he occupied his time—in November I received notice—I afterwards saw him in London, when he reengaged me, and I continued in his service at Hastings, where we went from Worthing—in February last he was keeping two horses at Hastings—in consequence of instructions, I brought horses to Tattersall's to sell them—they were afterwards sold, not at Tattersall's—he told me he was going away.
Cross-examined by MR. GEOGHEGAN. He was away longer than usual, when a horse met with an accident—he asked me and another to exercise the horses, to take them out hunting—as a rule, he came to town the first day of every week—he always treated me well—I never took an interest in racing—I never took an interest in Bernard nor Hammond.
ROBERT MOODY . I am employed by the Jockey Club at Newmarket to attend Newmarket race meetings as clerk of the course—I attend all races, but not under the auspices of the Jockey Club—I stand at the gate to see that no bad characters get into the enclosure at all races—I know most people who frequent races—I also watch the people at Tattersall's ring—I could not say I have not seen the male prisoner attending the outside ring, but I have never seen him attend our ring—I mean the principal rings at race meetings—they used to be called Tattersall's in 1896, but they are called private enclosures now—if the male prisoner had attended I could not have avoided seeing him—people who attend very often get into trouble; then they are not allowed in again—my duty is to warn them off—I have been connected with the turf twenty-three years.
Cross-examined by MR. GEOGHEGAN. Jacobs worked with me—he died about three years ago—Tattersall's has been called a private enclosure since the Newmarket Jockey Club were indicted for keeping it as a place—I went to Maryborough Street to identify, and knew no one in the room—when I came back the male prisoner said, "Halloa, Moody"—many people know me I don't know—the starting price is the price at the fall of the flag—"fielders" are bookmakers—a horse five minutes before the fall of the flag may be 3 to 1, and at the start 5 to 4; the odds fluctuate tremendously—betting takes place outside the ring, and there are welshers who would pay ten guineas if we would let them in—a "welsher" is one who has not paid what he owes—members of clubs bet over the railings with bookmakers—it is a business; I get a living out of it.
Re-examined. It is impossible that the male prisoner would be the only person working Tactersall's, and I not know him.
ARTHUR JOHN HALL . I am an accountant at the Cheque Bank, 119 and 120, Bishopsgate Street—I produce cheques in the female prisoner's writing—she opened an account in the name of Grace Radcliffe, 217, Piccadilly, in 1894, which was continued till February last—I do not know the male prisoner—I only saw her in connection with the account—I produce a certified copy of the account—this is a copy of the registration of the Cheque Bank Company—on June 10th, 1895, £410 was paid in—this banker's draft for £400 (Wheeler's) formed part of the £410—we credit the amount, but do not allow a withdrawal till the cheque is cleared—then a withdrawal of any sum not larger than the-cheque is perforated for—on June 12th £310 was withdrawn, including
three bank notes of £100 each, Nos. 87243-4-5—the balance at the end of 1895 was 1s. 6d.—on June 4th, 1895, the balance was £11 Os. 6d.—on January 27th, 1896, £65 was withdrawn in notes, Nos. 20597-8—on April 20th there was a credit paid in of £39, this cheque (Ex. 6) for £25 forming part—on April 27th £91 was withdrawn, including nine £10 notes, Nos. 94611-19, which brought the credit balance down to one penny—the total amount paid in was £2,324—£92 11s. 10d. was paid in May 4th, 1895—on January 26th, 1897, I find cheques of £90 and £15 were paid in (Watkinson's), and on 28th were drawn out £100 in £10 notes, Nos. 28160-1-2, and 28173 and 44963, and a number of £5 notes—we charge 1s. for every ten cheques used.
Cross-examined by MR. HUTTON. The account was opened by Mrs. Radcliffe at the then head office in Waterloo Place—the head office was removed in November last to Bishopsgate Street—Goodwin is one of the cashiers who would see customers—I attended to Mrs. Radcliffe on two or three occasions—I saw one lady clerk there—I never saw Mr. Radcliffe—I saw Mrs. Radcliffe 150 to 200 times during the time the account was running—I had spoken to her, but should only do so in the absence of the cashiers—Miss Dives was at the bank very often—I did not mistake her for Mrs. Radcliffe—we were informed she was her sister—the sub-manager told me so—also some of the documents were, "Please hand my sister cheques ordered yesterday," and so on.
THOMAS HUGH GRIFFITHS . I am a clerk to the London and South-western Bank, St. John's Road Branch—I produce a certified copy of the banking account with Mrs. Jane Violet Grant from January 1st, 1895, to March, 1897—these cheques produced are drawn upon that account—on April 10th, 1895, a £25 cheque was paid in (Wheeler's), on May 25th a cheque for £100, and on the same day there was a credit of £105—I also find a cheque of Wheeler's for £100 of July 30th was paid in on August 9th; a cheque of Watkinson's for £10 of November 8th on the 13th, and a. cheque of £10 of December 7th on the 11th—on June 12th £300 in notes. 87243-4-5—the total credits over the whole period were £4,269 3s. 4d., leaving a balance of £1 12s. 11d.—the account ceased to be operated upon on March 1st.
ALFRED HYDE . I am a clerk in the Union Bank of London, Regent Street Branch—I produce a certified copy of the banking account of the prisoner Ella Searle Price from January 13th, 1896, to February 11th last—I saw her two or three times at the bank—the total credits were £980; she had also No. 2 account from November 12th, 1896, to February 11th, 1897—the total credits were £136 10s.—the balances of £594 and £1 10s., respectively, were withdrawn on February 11th—among the payments in were £90 on April 29th, 1896, in nine £10 notes, Nos. 94611 to 94618 and 21295; on January 30th, 1897, two £10 notes, 28173 and 44963; and £5 notes, Nos. 90318, 42769, and 34951—on February 20th £50 was drawn out.
Cross-examined by MR. HUTTON. When an account is open the manager would be seen—I do not know that Mr. Radcliffe was ever there.
Miss Riggs here identified the female prisoner's signature to the cheques as Mrs. Grant.
went to Northumberland Avenue with Sergeants Drew and Allen—I saw the male prisoner coming out of a house—I said, "Are you Mr. Radcliffe?" he said, "No"—I said, "What is your name?"—he said, "Mr. Graves"—I said, "You have an office here?" pointing to the building he bad come from—he said, "Yes"—I said, "We are police-officers, and hold a warrant for your arrest" in the name of Gerald Radcliffe. Come back to your office, and I will read it to you"—he said, "Is that necessary?"—I said, "Yes"—we went back to the office, and I read the warrant to him, which charged him with obtaining, £15 from John Smith by fraud—Miss Biggs was afterwards found in the office—I said, "Who is this?" pointing to Radcliffe—she said, "Mr. Radcliffe"—the name of Graves was on the door—when I read the warrant he said, "Smith?I don't know him"—I said, "Mr. Smith, of Yorkshire"—he said, "I do not know any such person"—I found in the office the pamphlets and different sets of balance-sheets produced—I made a note—I took him to Vine Street Police-station—he gave the name of Gerald Radcliffe—I searched him, and found a cheque for £3 on the Union Bank, Regent Street Branch, drawn by E.S. Price.
Cross-examined. Grey is a brother officer—Scotland Yard works in greatest harmony with the Divisional Police—divisional reports reach Scotland Yard—I recollect Grey was in communication with Drew about Radcliffe.
Cross-examined by MR. HUTTON. Mrs. Radcliffe was arrested about a fortnight after—I saw her the morning-of Mr. Radcliffe's arrest—she was constantly at the Police-court and at Holloway, where Radcliffe was confined—I knew where to find her.
EDWARD DREW (Police Inspector). I was present when Radcliffe was arrested—I searched his office—I found eight books, containing eighty-five names and addresses, an empty ledger, and little scrap books containing scraps of newspapers, a quantity of stationery with the address "217, Piccadilly," upon it, printed circulars referring to the system of investment, one headed "October, 1896. Important Notice. To Old and New Investors."' (This was printed in red, and warned investors against "mushroom adventurers," etc., "exploiting systems of turf speculation," and stated that he had carried on business from 217, Piccadilly, for several years, was to be seen by appointment in Tattersall's ring at all meetings, and his business was open to every investigation.) I also found a quantity of balance-sheets, from August, 1896, till February, 1897, showing different results in respect of the same weeks, and cheques on the Cheque Bank, which I examined, and found payments had been made to 142 persons and been returned to the persons who drew them—I have made inquiries in all cases where the persons had known addresses, and ascertained they were the results of dealing with the prisoners—I have the whole of the particulars of the police inquiries—they are mostly small amounts, some of only a few shillings, and some of £7 and £8—they would total up to about £500—on February 9th I had been watching, the house in Northumberland Avenue, when I saw Price come out with Miss Dives—they are very like one another—after the prisoner was taken to the station I went to 121, Long Acre—the name of Grant was on the door—the house is let out in flats—I knocked, Miss Dives opened it, and I went in, and saw Price—I asked her if she was
Mrs. Grant—she said, "Yes"—I asked her if she knew the name of Gerald Radcliffe—she said, "Yes, that is my husband"—I told her he was in custody for obtaining £150 from Mr. Smith, of Wyke, in Yorkshire, and I was given to understand there may be someone in connection with the business—I wanted to know whether she knew anything connected with the business—she referred me to the office, 217, Piccadilly—I told her there was nothing there, and I should satisfy myself that nothing came in here connected with the business we wanted to know about—I then searched the flat; I was unable to find anything—I told her I understood some letters had been brought here—she told me it was so, but the had been in the habit of burning them as they came, and pointed to the fire-place, where they were burnt, and called upon her sister to corroborate this—I believe her sister had been continually visiting and sleeping there at night—I told her we had ascertained the prisoner had been living at the office, 23, Northumberland Avenue—she said; "If you know that you know everything; that is the only thing I have now," and she showed me the wedding ring to prove she was his wife—after inquiries, I went to 214, Kentish Town Road a fortnight afterwards, to arrest Price—I found her living with her mother—I read the warrant to her—she said, "All I have done was to have a banking account in my name, sign cheques and a few letters"—I told her I should search the place, and accompanied her to the bedroom which she said she occupied—I told her the object of searching was to see if I could find anything connected with the business—I found a pawnbroker's contract notes, for nine articles of jewellery pledged on February 15th, 1897, for six months, in the name of Mrs. Grant, of Piccadilly, for £181 15s., and one for a diamond pin, of same name and date, for £15 for three months, and one of the same name and date for a male's diamond ring for £3 10s., also a letter from Radclifie to her.
At Mr. GEOGHEGAN'S request, General Wheeler's letter to Raddiffe, of May 22nd, 1885, was read, which stated: "Your last letter limited me to £400." The witness Jarvis was re-called to identify the letter from Raddiffe to him of August 17th. enclosing balance-sheet as to Windsor Races, August 13th and 14th, showing a loss on the week of £25 10s., while one found by Drew of the same dates and place showed a win of £17 17s. The letters, with exhibit numbers, were stated to be in the same writing as the cheques sworn to have been written by Price.
GUILTY .—RADCLIFFE— Three Years' Penal Servitude.
PRICE— Twelve Months' Hard Labour.
NEW COURT.—Friday, May 7th, 1897.
Before Mr. Recorder.
NOT GUILTY .
(For other cases tried this day, see Essex and Surrey Cases.)
OLD COURT.—Tuesday, May 11th, 1897.
Before Mr. Common Serjeant.
Prosecuted; MR. DARLING, Q.C., with MR. CRAIG, Defended.
During the progress of the case the defendant witlidrew the allegations contained in his plea of justification, and the JURY found a general verdict of
GUILTY, at the same time recommending him to mercy. — Discharged on his own Recognizance of £500 to come up for judgment if called upon
Before Mr. Common Serjeant.
MR. METCALFE Prosecuted.
HERBERT WARRIOR . I am night watchman to Mr. Hempleman—on the morning of April 8th I went to the counting-house in Canning Road, and found the door open, and the place in great confusion, and papers thrown about the house—I am there all night, but not in the counting—house.
CHARLES LLOYD . I am clerk to Mr. Hempleman—on April 7th I left the counting-house at 6.30; the safe was in perfect order—I went there at ten a.m., and the door had been forced open, the staple of the lock was broken, and papers were lying on the floor—an attempt had been made to blow up the safe with gunpowder—I missed 4s. 71/2d. worth of stamps; there was no money there—I gave information to the police—on the Tuesday I caused the place to be swept, and examined the sweepings with a magnet, and found these two pieces of a chisel and jemmy—the stamps were not perforated—this is the brass of the safe.
WILLIAM EUSTACE (Detective Sergeant.) On April 15th I saw the prisoner in Plaistow Road, and said, "Anything about you that does not belong to you?"—he said, "No"—I found this jemmy on him, which has had the corner broken off, and ground since—one of these small pieces of steel corresponds in size, and the marks on the safe correspond with the jemmy and with the office door—I found a number of stamps on him, but none of the stolen ones; these are perforated.
GEORGE TAYLOR (Police Inspector.) On April 7th, about nine p.m., I was in Manor Road, and saw the prisoner and two boys about the same age going towards Mr. Hempleman's place—I did not see them again that night.
Cross-examined by the Prisoner. I did not see you come back.
Prisoner's Defence: He asked me where I got the stamps; I said that I picked them up, and that I got the jemmy in a coffee shop.
NOT GUILTY .
MR. METCALFE Prosecuted.
Company, Limited—on April 14th, about 5.30, I shut up the counting-house; the safe was intact—I went again at 6.30 on the morning of the 15th, and found the door as I left it, but the piece which goes over the key-hole was broken off—I found the place in confusion, and there were injuries which might have been done with a jemmy, and marks on a wooden box upstairs—these twenty-eight penny stamps were missing from a drawer downstairs, and fourteen halfpenny ones; they are all perforated—an entrance had been effected by getting in at the window—the stamps were safe when I left.
WILLIAM EUSTACE (Police Sergeant.) On April 15th, about 8.30, I met the prisoner on Plaistow Bridge—I said, "Have you anything about you which does not belong to you?"—he said, "No"—I found a jemmy on him—I searched him, and found thirty-three stamps perforated—I said, "Where did you get those stamps from?"—he made no reply—the inspector asked him to account for them—he said, "A chap picked them up, and gave them to me"—I said, "Do you know his name, or where he works?"—he said, "No"—there had been no report at the station at that time—I examined the premises, and found that the marks on the window and on this box corresponded with the jemmy—these jemmies are not all one size; they are hand-made—he gave no explanation of what he was doing with the jemmy—I arrested him about half a mile from the counting-house.
Prisoner's Defence: I picked up these stamps, and the policeman found them in my waistcoat pocket, and found a jemmy on me.
GUILTY .—He then PLEADED GUILTY to a conviction at West Ham on February 22nd, 1895; and four other convictions were proved against him— Three Years' Penal Servitude.
364. JOSEPH OCCLESTON (18) PLEADED GUILTY to burglary in the dwelling-house of William Murray Alexander, and stealing a pair of trousers and other articles, his property, having been convicted at this Court on January 13th, 1897. Several other convictions were proved against him.— Eighteen Months' Hard Labour. And
Before Mr. Recorder.
MR. BOYD Prosecuted
MATTHEW BURGISS . I live at 34, Warr Street, Canning Town—I know the house of Rachel Worland; she was in bad health, and went away, and I was left in charge—the house was locked up—on Tuesday, April 13th, I went out between three and four p.m., and saw it all right, and opened it next day—I was there on Sunday, the 18th, about nine a.m., and found the house all upset, and a constable and sergeant there—the drawers were turned out, and one of the windows had been forced open—this sack was full of books and papers when I left, and when I returned on this Sunday it was full of sheets and clothes, which had been
taken out of a drawer in the back parlour—all these articles were taken from some part of the house and stowed in the sack; these razors were there—the property is worth about £50.
GEORGE GILBERT (Police Inspector K.) On April 18th, about 8.30, I was in Barking Road—I heard a slight noise; I looked in the area of No. 55 and saw that the side window had been forced—I called a sergeant and put him in front, and I went to the back and got in at the front area window with the sergeant, and the constable immediately called out, "Come on; here they are"; and blew his whistle—I saw King without any coat—the house had been entered by the scullery window, and the persons had gone down a long garden which had recently been made—there were footprints leading from the garden to the gate, where they were lost in the hard ground I found everything broken, drawers and cup-boards, and this large sack inside the door filled—two bolts were shot back—these two coats were in the house, which had not been there before (produced)—I found on the prisoner a pocket-book containing the discharge of a man named George from a merchant ship, two razors, a knife and a nail cleaner; I found a jemmy in the house corresponding with the marks—two coats, one within the other, two pairs of trousers, a half pint bottle of spirits and a sewing machine—at 7.20 I went to Reardon's and saw him in bed—I told him the charge—he said, "I think you have made a mistake"—before he put on his boots I noticed mould similar to that in the garden, and also round the heels—he. was without a coat.
Cross-examined by King. You were about forty feet from the house when I saw you—the clothing was on the floor, the coats were lying in the basement, the trousers had been taken from the wardrobe upstairs.
Cross-examined by Reardon. There were marks in the garden of the boots of two men, but they were too mixed-up to tell.
GEORGE WREN (Policeman 392 K.) On April 18th, at 5.30, I was posted outside 55, Barking Road—I saw the two prisoners and another man come round by the chapel—I called out, "Here they are!" and told Gilbert which way they went—neither of them had a coat on—I had seen them the night before walking arm-in-arm—I knew them by sight—I had been called to eject them from a public-house, but they left before I got there—I was with Pascall, No. 718 K.
Cross-examined by King. You were running across the road, following the other two men—you were about fifteen yards from the urinal when I took hold of you.
HENRY ELLEY (6 K R.) About 5.30 a.m., on April 18th, I went to 55, Barking Road—I got over the railings, and saw that the window had be prised open—I heard Wren call out, "Here they are!" and saw King in Wray's custody, and Reardon and another man, whom I know by sight, running down the street—King and the other man were not wearing coats.
King's Defence; I got up on Sunday morning at 5.30, as I did not know the time. I went out to get a newspaper, and I was taken in custody, and taken to the station.
GUILTY . Several previous convictions were proved against the prisoner.— Twelve Months' Hard Labour each.
Before Mr. Justice Grantham.
ARTHUR DUNBAR . I am a labourer, and live at 21, Rope Yard Rails, Woolwich—on April 20th I was in the lodging-house kitchen where I live—two days before, on Sunday, the 18th, the prisoner said to me that his mother in-law had told him that I had had connection with his wife before she was married; I denied it, and said I would face it with her—he said, "Can I speak to you a minute?"—I said, "Certainly, Jack"—he said, "Will you come up home? Nance and her mother will be there"—I said, "All right"; he opened the door into the kitchen, and his wife was there at the other end—he said to his wife, "Go upstairs"—she said she would not; I said to her, "Go upstairs, Nance, and we will hear the rights of this"—the prisoner turned suddenly round, got hold of the back of my neck, pulled me down, and drew something across my neck—I could not see what it was; it caught the bottom part of my ear, which was hanging down; I felt it against my check—I broke eway from him, got away, arid went out for a doctor, who attended to me, and as I came from the doctor I saw a constable, and told him what had taken place—I saw the prisoner half-way down the street; he came across, and said,'I done it,"and he was taken into custody—as he was going along he tried to get away from the police, and said, "Let me go, and I will finish him"—he was taken to the station.
Cross-examined by the Prisoner. On the night of the 15th I hit you in the jaw, and we had a fight—I did not say, "I know more about your wife than you do yourself"—I have been married to my wife four years—I believe she gets some money; I don't know how she gets it—a woman named Margaret Cockerell was in the kitchen at the time this happened.
CHARLES HURST . I am a surgeon, of Rectory Place, Woolwich—on this evening, about twenty minutes to eight, I was called to the station to examine the prosecutor—he had an incised contused wound three and a—half inches long, from left to right, across the neck; the lobe of the ear was hanging by a thin flap, and the muscles were exposed; that might'have occurred in the struggle, after the first blow—the wound behind the ear extended about a quarter of an inch below the angle of the jaw—the wounds might have been caused by one blow from a sharp instrument—all wounds may be dangerous, from hemorrhage—no important vessel was injured—he will be completely well in another week.
DANIEL SULLIVAN (361 R.) On April "20th about seven p.m., the prisoner came to me—I went down Beresford Street and saw the prisoner, he came in my direction—from what Dunbar told me, I said, "I shall take you into custody for cutting him"—the prisoner said, "Let me get at him and I will finish him; I will do for him"—at first he tried to break away, afterwards he went quietly to the station—he made no answer to the charge at the time, but on taking him to his cell he turned to the prosecutor and said, "I will do for you yet, and her at the same time"—he had had some drink—he was very violent at the time.
was about to make a statement—I cautioned him; he said, "Well, I must say it, whether it does me any harm or not; this man was heard to say that lie knew as much about my wife as I did; what would you do if you were in my place?I shall do for him yet, and her too"—when the charge was read over to him he said, "Very good," and, turning to Dunbar, "I shall do for you yet"—the prisoner's wife handed me this razor at the station—there were blood-marks on the blade, and the razor appeared to have been in water—I showed it to the prisoner—he said, "I know nothing about it."
Cross-examined. I don't think Dunbar bears a very good character.
ALFRED GOODALL (Inspector.) I have known the prisoner three years, as a hard working man; he is a coal worker—he is married, and has a respectable home, and bears a good character; he foolishly took to drink after the fight in the lodging-house—I have known the prosecutor about the same time—I have never known him do any work; his wife is a prostitute, and lives at a very common lodging-house.
The Prisoner, in his defence, said he was so excited by the prosecutor that he hardly knew wliat he was doing; that he never really intended to do him any harm. He received an excellent character.
GUILTY on the Second Count—Recommended strongly to mercy by the JURY .— To enter into his own Recognizances in £10 to come up for judgment.
MR. COLRPIN Prosecuted.
GUILTY of the attempt. — Six Months' Hard Labour.
ETHEL LOUISA MILLEN . I live with my mother at 66, Cranham Road, Berraondsey—I am employed as a machinist in the City—I became acquainted with the prisoner three years ago, and we became engaged about eighteen months ago—he used to visit at my mother's house, and I at his house—our engagement continued until February 14th last—I then broke it off, as he attempted to commit suicide—I saw him take a razor off the dresser, and I ran upstairs—we had had a quarrel that day—he ran upstairs with the razor—I asked him to come down again, which he did, and brought the razor with him—I broke the engagement off the next day—he then wanted me to be good friends with him again, and make it up—would not—he said I should be sorry in a week's time—I said he was not going to frighten me with his big talk, and he went away—I saw him again on a Sunday morning about a fortnight after; he came to see me, and wanted me to be friends with him, because he was going to sea—I would not be friends with him; I refused to make it up—he then wrote a letter to me—I read the letter, and sent it back to him; that was on the 25th—I had been with him all the afternoon; we were not on very friendly terms—I saw him the next evening, when he came to the house
I told him I did not want anything more to do with him, and I wrote to his mother to say so—I did not see him again for three weeks; after that I saw him at South Bermondsey Station; he came to meet me there as I came home from business—my sister Emmy was with me—on Friday, the 27th, I was out with a young man; I did not see the prisoner then—on the following morning, the 29th, I left home at half-past nine with my sister to go to business, and I saw the prisoner in Cranham Road, where we live, about twenty houses from our house; I did not notice him till I was right close to him—he met me, and he said, "Ethel, won't you speak to me?"—I said, "I have not time to stop and speak to you this morning; I am late," and we passed on—the next thing was that I felt a shot in the back of my neck; the prisoner was then about three or four steps behind me—I staggered against the railings, and then felt another shot in the arm—I then ran across the road—I do not remember hearing any more reports—I had got a little way from the kerb when he put his hand up to his own temple; I did not see anything in his hand, but I heard him fire—I was carrying this umbrella at the time, and I afterwards found four holes in it—I was carrying it in my left hand by the handle—I was taken into the house of Mrs. King, a doctor came, and I was taken to Guy's Hospital, where I remained for nearly a month—a bullet was extracted from my arm there, but the one in the neck is there now; it has never been extracted—I have had letters from the prisoner; I know his handwriting; I believe these two letters are in his writing, in pencil.
Cross-examined. I first met the prisoner at a mission room on a Sunday evening, and shortly after I went out walking with him—I broke off the engagement soon after, twice, and the third time he came and asked me to make it up, he gave me two rings, and he had given other presents—I did not send him back the rings—he told me that he had made up his mind to go to sea, and asked me to shake hands before he went; I refused—the morning this happened, when he spoke to me, I did not mean to speak to him—I know a girl named Florrie; she was a friend of mine—she is now married—the prisoner said that she was the cause of our parting—there was no trouble about money between us—I do not remember very clearly what happened after the shooting—I think he was only three or four steps behind me at the time—I was holding my umbrella down at the time—I had no reason to think that he was not fond of me—I am twenty-two years of age, and he is twenty-one—when he told me that it was Florrie who parted us I told him that it was not her.
EMMY LOUISA MILLEN . I am a sister of the last witness, and live with my mother in Cranham Road—I knew the prisoner when he was engaged to my sister—I heard of the engagement being broken off on February 14th—about three or four weeks after that I was with my sister at South Bermondsey Station, when we met the prisoner—he asked her if she would be friendly with him; she said, "No; she did not want anything more to do with him"—he said, 'You will be sorry for this in a week's time"—she said, "Do you think you will frighten me with your big talk?—he said, "I am big enough to tackle you"—the next time I saw him was on Monday morning, March 29th, as we started to go to business—he came up to us and said, "Ethel, won't you speak to me"—she said, "No,.
I cannot speak because we are late for work," and we walked on—we got about three or four steps when he fired at my sister—I heard the reports, and just turned my head to see him on the pavement—he had a revolver in his hand, pointing it towards us—after the first report my sister began to run—I think she put her hand to her neck, and he fired at her again—I did not know where the shot hit her—when I looked round again he walked out into the road and put the revolver to his own temple and fired, and he fell down in the road—I think there were three shots altogether, but I am not sure—my sister was taken into the house of Mrs. King.
Cross-examined. When we met the prisoner at Bermondsey Station he spoke first—he asked my sister if she would not be friendly with him—she said, "No"—he said he was big enough to tackle her—I do not remember his saying I am big enough to tackle anyone you can bring—I was frightened when this shooting took place—I cannot remember very clearly how many shots he fired at my sister—I screamed, and ran across the road—there was no one with my sinter at the time.
ETHEL MILLEN (Recalled.) I said to the prisoner at the station, "I will get somebody to take my part if you threaten me"—he said, "Is that Mr. Blaydon?"—I said, "No"—he did not say to me, "I am big enough to tackle anyone you can bring up"—he said, "I can tackle you"—he was not out of employment at the time this happened—he was in the same place—I think he was out of employment on February 14th—I did not know when he went back to his employment—at the time when this happened he was back in his employment.
JULIA KING . I am the wife of a milkman, at 18, Cranham Road—I know nobody connected with the case—on the Monday morning in question I was in my own room—I looked through the window, and saw two girls and a man, his hand touching the back of her neck, and immediately after that I heard something like a bang, I think—I saw the elder sister stagger towards the railings—the man went against the kerb, and held a revolver in his right hand, and put it to his own temple, and while I was rushing out of the street-door I heard the revolver go off; but before that I heard it several times, I think four times altogether—I went out, and got hold of the elder girl by the wrist, and took her into my passage—at that time I heard another shot—after the fourth shot I saw him lying on the ground—I put the girl on a sofa, and went for a doctor, who came quickly—I heard four reports altogether; the first was when I looked out of the window, the second while I was running to the front door, the third was as I was holding her wrist, when the bullet went into her arm, and then I heard a fourth shot, and the man was lying about six or seven yards away from the girl at the time I heard the third shot—the prisoner is the man—he has grown a beard since then.
Cross-examined. I had seen him going down the road just after seven—he had his hand on her neck when I heard the first bang; I am quite sure of that—it might have been three or four steps off—she never moved till after the bang—he was close to her when I heard the bang—when the third shot was fired she said, "Oh! I am shot in the arm"—I was holding her by, the wrist at that time—then I heard another shot, and saw him lying in the road.
a scream—I ran to my door and opened it, and heard a second report—I ran in the direction of the man that was firing—I saw him firing in the direction of the two girls—they were about five paces from him—I heard three reports fired towards the girls, and the last went at his right temple—he fell, dropping the revolver—I picked it up, and produce it—it was similar to this; as far as I can see, this is it—it was picked up, and the constable took charge of it, and gave it to the doctor.
Cross-examined. I did not see any of the shots hit the girls—I heard six—three were h'red at the girls, and the rest at himself.
FRANCIS CASTLE (369 M.) I was called to Cranham Road on March 29th—I saw the prisoner lying insensible on the footway, bleeding from the right temple, and on his right thigh I saw this revolver lying—it had six chambers—it was given to the doctor, and he returned it to me, this is it—I assisted in taking the prisoner to Guy's Hospital, where he was seen by Mr. Fagg, the house-surgeon—in my presence he examined the revolver, and took from it six empty cartridges—Constable Coffee searched the prisoner, and found on him these two letters—I took charge of them, and produced them before the Magistrate—I did not know the prisoner before this.
CHARLES HERBERT FAGG . I was house-surgeon at Guy's Hospital—on March 29th the prisoner and the prosecutrix were both brought there—I examined her, and found two bullet wounds, one in the neck, and the other in the upper part of the left arm—they were bullet wounds, not inflicted at very close quarters, one bullet travelled upwards and inwards—exposing the inner side of the left arm, just over the main artery—it was not a dangerous wound—I extracted the bullet—the other bullet at the back of the neck remained in; it does not seem to be doing any harm there—it was thought probably too dangerous to remove it—it was a most dangerous wound; there was no blackening by powder—I should think he must have been about three or four steps from her at the time it was fired—she was in the hospital nearly a month; at the end of the time she was quite well—I examined the prisoner—he had a wound on the right temple;" I found the bullet, and extracted it, after seeming a dangerous wound in itself—he was in the hospital about ten days—the constable showed me this revolver, and I took from it six empty cases.
Cross-examined. The one in the arm was by the elbow—there was no powder about the wound at the back of the neck—he may possibly have been at least four feet off at the time he fired—the prisoner's wound was not dangerous; it happened to hit a part of the bone that was rather thick.
WILLIAM BURROWS . I am a fancy dealer, of 129, Waterloo Eoad—on Saturday afternoon, March 27th, I sold a revolver to the prisoner; to the best of my belief, this is it—with it I sold a box of fifty cartridges similar to this.
JOSEPH PEARCE (Police Inspector.) On March 29th I went to Guy's Hospital—about half-past nine a.m. I saw the prisoner there—I said to him, "You must consider yourself in custody for attempting to murder Ethel Millen, in Cranham Road; you are not obliged to say anything"—he said, "No, can you tell me how she is?"—I said, "I don't think she is as bad as you are"—he made no reply—the same day, about half-past twelve, I handed him these
two letters. (These had been proved to be in the prisoner's writing by Ethel Mitten, and were read as follows (written in pencil:) "34, Alfred Street, Grange Road, Bermondsey. My poor dear Mother,—It is with great pain that I write these few and pathetic lines to you, but I cannot put up with it any longer. As you know, I loved Ethel very much, and would do anything for her, and it breaks my poor heart to think that she has parted from me again, which is the third time. I was told that she was seen with another young man, and I went round and waited for her on Saturday, and saw her myself with him. It was with the greatest of love for her that I kept my hands off them. I have asked her to return to me again, and I will forgive her; but she sent my letter back unanswered. I must put this down as Florrie's doings, as she has parted us twice before. You will find I have about £27 in the bank, which I leave to you—my poor dear mother. Please remember me to my dear friends at Homer ton, and Bay good-bye to Charlie and Cis and Emily for me. I shall kill Ethel and myself as well; then I know we can be together in the world to come, as I do not see the use of killing myself and leaving her here for another chap, when she was engaged to me. I call down God's wrath on Florrie, and hope she will meet with her deserts. God forgive me, and good-bye all.—From your broken-hearted boy, THOMAS HENRY LISSENDEN. "Envelope addressed in pencil: "Mrs. Lissenden, 34, Alfred Street, Grange Road, Bermondsey." "34, Alfred Street, Bermondsey. My dear Mother,—I am very sorry that it has come to this, but I cannot put up with it any longer. You know that I loved Ethel Very dearly, and that it upset me very much when she parted from me again, which is the third time. I have seen her since, but she will not give me back her love. I feel that I cannot live without her. I must put it down to Florrie as the cause of it. I have about £26 in the bank, which I leave to you, my dear mother. God forgive me for this rash act, but I cannot bear it any longer. Say good-bye to my dear friends at Homerton for me, and also Charlie and my two sisters, and forgive me, mother.—I remain, your broken—hearted son, TOM. You know, my dear mother, I have had a lot of provocation.—TOM.")
WILLIAMSON (Detective Sergeant.) On Wednesday, April 14th, at the Greenwich Police Court, the prisoner said, "I believe the remainder of the cartridges are at my home"—on April 21st I went to 34, Alfred Street, Grange Road, Bermondsey, and from the prisoner's mother I received this box, containing forty-four cartridges.
Cross-examined. I have made inquiries about the prisoner—he has been in good employment—I have seen his employer, who is a provision merchant in a large way of business in Whitechapel, and gives him a good character for quietness and propriety, and was in the employ at the time this occurred.
GUILTY .— Ten Years' Penal Servitude.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
CATHERINE PATTEN . I am barmaid at the Queen's Head, Tower Street, Bermondsey—Mr. Ansell id the landlord—on April 15th, about 7.10, the prisoner came in for some gin, and gave me a florin—I put it between my teeth, and said, "This is a bad two-shilling piece"—he gave me another—I bent it, as I did the first, and said, "This is a bad one, too"—he left the first on the counter—I picked it up, and took them both to the landlord's daughter, and afterwards to a constable—he said, "My wife gave me one in the morning, and a friend gave me the other,"and that thtiy had been ringing the changes on him—Miss Ansell asked his address, and he wrote it down on this paper. (26, Eldon Street, E.G., Messrs. Baker, 43, Chilton Street, Jlethnal Green Road.) I found a third coin on the till; I do not know how it got there.
Cross-examined by the Prisoner. When you put down the first florin a gentleman pushed you, and asked if you had got any more—he is not here—you seemed a little astonished when I said that the second one was bad, but you did not seem much upset.
ALICE ANSELL . My father keeps the Queen's Head—I was in the bar, and asked the prisoner his address; he wrote it down; this is it—Miss Patten showed me two coins—I showed them to my father, and handed them back to her—I was present when the prisoner was given in custody—I found another counterfeit coin on the till with other coins.
Cross-examined. I was not at your end of the bar during the first transaction—the customers prevented your leaving, but I don't think anybody put their hands on you.
CHARLES LIGHTFOOT (21 M). On April 15th I was called to the Queen's Head, and found the prisoner detained there—Miss Patten handed me these two coins and Mr. Patten the third coin—the prisoner said that his wife gave him one in the morning, and a man he did not know gave him the other—I searched him, but found no other coin—I took him to the station—he said on the way, "I am guilty; I had been drinking, and I shall have to go through with it"—apaper was handed to me, which I found to be his correct name and address; I found his wife there—he had been drinking, but not heavily.
Cross-examined. You were taken to the Infirmary next morning by the doctor's orders; you were not fit to appear at the Police-court on the Saturday, and the case was remanded.
Re-examined. He was not seen by a doctor till the following morning, and was then sent to the infirmary.
The Prisoner, in his statement before the Magistrate and in his defence, said that he received, the first coin from a man who sold Cardigan jackets, and was surprised when the girl objected to it, but having another in his pocket which he had received from his wife he tendered that instead, and knew nothing about their being bad, or he should not have offered the second coin.
GUILTY .— Two Months' Hard Labour.
371. JOHN FINCH (40) and THOMAS DIXON (29) PLEADED GUILTY to having in their possession ten counterfeit florins and seven counterfeit half-crowns, with intent to utter them.— Twelve Months' Hard Labour each. And
372. VICTOR CHARLES BROOKS , to stealing twenty-one books, the property of Evan Spicer, and others; also one book, the property of the Commissioners for Public Libraries for St. Mary, Newington; also two books of the Commissioners of Public Libraries for St. Martin's-in-the-Fields, London; also three books of the Commissioners for St. Giles, Camberwell; having been convicted of felony on February 10th. 1888.— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.]
ALFRED BARRITT (Policeman L.) On March 20th, about 11.45, I was called to Thompson's Avenue, Camberwell, where the prosecutor came to me—his head and clothing were burnt—he complained to me, and in consequence I arrested the prisoner—she said, "Yes, I done it"—the prisoner said that she had thrown a paraffin lamp at him—I told her that; she said nothing—I examined the premises—the wall was burnt—she said that the lamp belonged to her—the door was broken open, evidently from the outside, and it had fallen inside—Smith had been drinking.
THOMAS SMITH . I am an ostler, of Thompson's Avenue, Camberwell—on March 20th I went to bed about eleven o'clock—I did not see the prisoner, but I heard her kicking at my door about 11.30—I put on my trousers and waistcoat, and asked her to go into her own room—I went out by the street door, and it was closed by somebody inside, leaving me on the pavement—I occupy three rooms on the ground floor, and the prisoner's room is on the same floor—she came into the passage, and I said that I wanted to get up in the morning to do my work—she took the lighted lamp off the mantelpiece, and threw it at me, and it all came over me—some young chap put the fire out, and I was taken to the hospital, and detained till April 13th—I can hardly tell whether the prisoner was drunk or sober; there were no indications of her having been drinking—I had got home at 8.30—I was in bed, and my wife and children too—I cannot explain about the prisoner's door being broken—I was not drunk, nor was my wife, because I gave her my money when I came in-doors.
Cross-examined by the Prisoner. I did not try to crush you—my wife used to look after a little child, and she thought more of her than of you; she called me Daddy.
THOMAS GROGAN . I am a porter, of Hollington Street, Camberwell—I was in this neighbourhood, and saw the prisoner having a row with another woman—there were three women altogether—the prisoner was drunk; they all seemed to me to have had a drop—I saw Smith there without his boots, just between his door and the next door—the door was open—I saw him knock at the window; the little girl was there, and I saw the prisoner throw the lamp from the back room at Smith, and his coat and head caught fire—I rushed in, and put it out with a coat—I believe one of the other women had had a row with the prisoner before, when Mr. Smith was not there—I do not know the prisoner or Smith—I lived in the neighbourhood then, but I was glad to get out of it.
ROBERT GORDON STRANGE . I am house-surgeon at St. Thomas's Hospital—on March 20th, about twelve o'clock, I saw Smith in the hospital suffering from burns on his head and both hands, and from shock—the
injuries were such as might be caused by burning oil—his condition was doubtful at the time—he suffered from delirium tremens; that was because he was knocked off drink—that was shown both by his mind and his body; the injuries themselves were serious—the delirium tremens would not arise from shock.
The Prisoner's Statement before the Magistrate: "I do not remember anything at all about it."
Prisoner's Defence. I went to the passage—I am not a woman for drink—I had given Mr. Smith notice on that Saturday—I have no recollection of this.
GUILTY.—The JURY considered that there were extenuating circumstances — Six Months Hard Labour.
Before Mr. Recorder.
WOOD PLEADED GUILTY to the false pretences Counts.
MESSRS. C. MATHEWS and STEVENSON Prosecuted; MR. HALL appeared for
Wood, and MR. JAY for King.
JOHN HUNT . I live at Frean Park, near Taunton—in 1895 I saw an advertisement in the Devonshire and Somerset Gazette like this (produced) "Money to lend. No charges, money on mortgage, etc. Mr. Wood, 56, Tasman Road, Stockwell"—I answered that, and this letter. (Signed "F. Wood" and stating that he could entertain the witness's proposal for a loan of £250 for five years or less at 4 percent., and that he would have to insure his life for £100.) I answered that, and received this letter: "I am prepared to carry out loan on your completing the insurance. You need not mention that you are borrowing money, as in loan cases they are apt to charge extra premium"—I received an insurance proposal, filled it up, sent it to Mr. Wood, was examined by a doctor, and paid, £11 17s. premium—my age is forty-one—that covered the period till I was sixty-five—I wrote again to Mr. Wood, and got this reply: "Your letter to hand; in the case of death I should only claim balance due.—J. WOOD"—also this: "Dear Sir,—Let me have an answer, as I should like to know if you intend having the money"—the assurance proposal was accepted, and I wrote to Mr. Wood. (This stated that the money being trust money he was debarred from making any charge for the £250, and requiring the witness to send £3 3s. for the legal and incidental expenses, and requesting to know how he would have the £250 forwarded.) I sent the £3 3s., because I believed what I read in that letter, and received this receipt (produced.) and a letter containing these draft forms, a bill of sale, a statutory declaration that I had never been bankrupt, and a bond for £250—I did not like them much, and took them to my solicitor—I have never received the £3 3s. that I paid.
Cross-examined by MR. HALL. I have received the life policy—it is still in existence.
Cross-examined by MR. JAY. I do not complain of the insurance agent; I had no communication with King—I do not know who the agent was.
November, 1896, I saw an advertisement in Lloyd's Newspaper: "Money to lend to farmers, tradesmen, and others at 41/2 percent., no charges," and wrote this letter. (Requesting the terms for an advance of £20 on personal security.) I received this answer. (This stated that the witness would have to insure his life for £100 in an office selected by the advertiser, the policy to become the witness's property at the end of the term.) I wrote, accepting that, and then received this letter. (Stating that a proposal had been received from the agent.) I also received a proposal from Mr. King, and sent it back filled up—I then received a letter from Wood, enclosing a letter for me to sign—I then wrote: "Dr. Sir,—Let me have £50 for five years, etc. I will give the necessary security, to be satisfactory to both parties"—I then received this: "Your letter to hand; hurry on the insurance; see the doctor"—I then sent this. (Stating that he had undergone the medical examination.) I then received this letter. (Stating that he was debarred from making any charge for the £50, as it was trust money, and requesting ilie witness to send him £1, and state how the £50 was to be forwarded.) On January 9th I received a notice of acceptance, and enclosed a letter from the insurance company—I sent the premium, £3 10s. 4d., to the company, and wrote to Wood and told him so, and suggested that he should pay the money out of the money advanced to me, but he returned the form and said that I must pay it to the insurance office, which I did, and got a receipt—I wrote on January 19th, enclosing the receipt, and said, "If I send you the guinea, will you send the £50 per return; or, if I call on you, can you guarantee the cash spot?"—he replied, "I can carry out the loan within four days of receiving the guinea"—on January 21st I wrote this. (Stating that when the policy arrived he would send that and the guinea together.) He replied, "Send me the guinea, so that I may be ready to complete when you receive the policy"—I did not send the guinea, but wrote: "Is there any more charge or expense of any kind in connection with the advance of £50, etc?I will send the guinea immediately on the receipt of your reply"—I then got this letter. (Stating that the guinea covered all expenses, and that the £50 would be forwarded in fall.) On January 21st I wrote: "I enclose a postal order for £1, and twelve stamps to make the guinea," and stating that I should like the amount in notes—I got a receipt for the £1 1s.—I then wrote, and got this letter, enclosing a number of documents, and asking me to read them carefully—I then wrote this. (Returning the papers, and stating that he could not get the security bond executed in less than a month.) He had written a letter, stating that he had consulted his legal adviser, who said that it was necessary to have two sureties to guarantee the loan, interest, and premiums—the end of ic was that I did not get the money—I also received this letter. (Stating that he must see the securities personally, and could not afford to leave London under a guinea a day, and asking for £3 3s.) I did not do that I did not get back the money I had paid.
Cross-examined. These letters are in Wood's writing—I do not personally make any complaint against King.
ARTHUR WYNDHAM TARN . I am a clerk to the Western and General Life Association, King Street, Covent Garden—King was associated with the company—we paid him forty percent, on the first premium on busisonerness
introduced by him—a suggestion for a commuted commission came from him—we had ninety proposals from him, fifty-five of which were completed, and the premium on them was paid—a large number lapsed after the first year, but about twenty remain.
Cross-examined. Among others, we received a proposal from Mr. Hunt, on which £11 17s. 4d. was paid, and I paid Xing £4 14s. 11d.—the amount of commission I paid King was just under £100.
Re-examined. We wrote this letter to King at his private address in Tasman Road. (Telling him to consider his agency as cancelled, in consequence of complaints, until an explanation was received.") This letter from Wood was handed to me by King. (Enclosing a copy of his advertisement, and stating that he always made it a rule to inform applicants that he was in no way connected with insurance offices.) We wrote this letter to Mr. King. (This was from the company's actuary to King, stating that his explanation had been laid before the board, and that his agency had been revived, but that as a number of medical fees had been incurred, care must be taken not to rush the medical examinations without a reasonable prospect of the assurance being completed.)
Cross-examined. He was perfectly straightforward with us as far I know—we took the agency away because the business introduced was not a genuine business—I cannot say that King knew that—we have done it before in very rare cases, and should very likely do it again, but with caution.
Re-examined. In ordinary cases it would not be commuted commission; that would not come from us.
WILLIAM LAMBERT HALLWARD . I am resident secretary of the Life Department of the Imperial Life Assurance Company, 22, Pall Mall—in December, 1895, King came and asked for a prospectus; he said he was contemplating giving his whole time to insurance business, and wished to select an office—I put the claims of my office before him; he left me, and returned in alxmt two hours, and said that he had selected my office; the terms we arranged were 30 percent, commuted commission; that is £1 10s. on a £1,000 policy—he mentioned the name of Wood; he said he had a friend who would pass his business through his hands, and that he was a great friend of his, and was doing it because he was hard up—on January 2nd I wrote him this letter, addressed "Cecil King, Esq.," in which the terms were embodied—he said he was not in a position to speak positively as to the insurers, as they were introduced to him by Mr. Wood—he remained with us a little over a year until he was arrested; there were 196 proposals, 76 of which were completed, and I paid £175 4s. 6d. commission; they were nearly all small sums, mostly £100—a few were higher; one £1,500—the total assured was £23,325—he said Mr. Wood was a clever man, and knew how to protect himself—he handed me this letter, addressed to me by Wood from his employer—I considered that satisfactory, and returned the premium paid by a Mr. Tomlin—nearly one-third of these seventy-six policies were renewed.
Cross-examined. King was very straightforward with me—he said that Wood was a very secretive man—I believe King seduced Wood; that is what struck me—I know now that King was actually at that time sending out these advertisements.
County Court—I levied this execution of Wood against him; it was for £1 15s.—the judgment was obtained in Folkestone County Court—the plaintiffs are printers—in November that year I received another warrant from Hereford County Court for £2 11s. 6d.—Mr. Chance was the plaintiff—the return was, "No effects"—I saw Wood—he said he could not pay them; he had not been able to pay his rent.
JAMES EVANS . I keep the Cadman Arms, 10, Coral Street, Brixton—I know Wood as a customer—I have frequently cashed cheques for him, for the last two years, for £1 1s. or £2 2s.—I do not remember any for £3 3s.—he told me he got them in reply to his advertisements—I have known King for less than two years—I have seen him with Wood, and in Wood's house, which is only three doors from me.
Cross-examined. I did not see much of them—King is a well-educated man.
THOMAS GLKNCROFT . I am assistant accountant at the General Post Office—I produce the original telegram of January 19th, 1897, addressed to Wood at 66, Cadman Road, "He has paid"; and this is the delivery form.
W. L. HALLWARD (Re-examined). I don't know who this telegram refers to—I remember King coming to the office on one or two occasions early this year, and asking if somebody had paid their premium—the gentleman who answered him said he had paid it to the head office, and that it had not been notified there.
WALTER DENNY (Police Inspector.) In March last I went with Haines and Sergeant Flyn—we saw King, and followed him to Wood's house—he knocked at the door, and went in—Wood was sitting at his desk—I asked him to fetch King from the back room he did so—I told him we were police officers, and read the warrant to him—he said, "Who are the prosecutors?"—I said that it was at the request of Graham, of Aldgate, that the warrant was obtained—he said he was employed at a music hall, acting with Prince—I took him in custody—among twelve letters at Tasman Road, written by King, was this one; it is in his writing—it is dated March 17th, the very day after I went there; it is a request to insert an advertisement in a newspaper thirteen consecutive times—there was a large number of other advertisements without any directions to newspapers also a memorandum book for the months in Wood's writing—there are many sums of money received; one is over £6 6s./—the total up to December, 1895, is for £20 10s. 8d., and for 1896 £221 4s. 11d., and January and February this year, £54 14s.—the inner room which King came from was a sort of kitchen—there were also at Tasman Road twenty-six letters from collectors claiming for advertising accounts, and bills of sale—Wood was engaged in answering persons applying for loans, of which there were eleven—I found three newspaper press directories—there was one for 1893, one for 1895, and one for 1896—the entries in 1893 are some in Wood's writing and some in King's—most of them were in Wood's writing, but there are a great many entries in King's—Ireland has not been favoured in certain districts—ninety-six of the entries in 1895 are in King's writing; the red ink ones are all King's—I found a quantity of correspondence relating to loans, but we have no correspondence for 1895 and 1896, although there are 717 applications, and complete sets of correspondence—in ninety-eight cases money has
been received, including these we have been dealing with—I found the I telegram addressed to Wood, "He has paid," at Wood's house—that was in connection with a man named Walters and the original is in King's writing—56, Tasman Street is a five-roomed house, and Wood lives there—I found no receipts whatever there for money lent or paid for advertisements, or any bank book, ledger, or account book—I have seen the list Mr. Hall ward produced, the cases are practically identified with this.
Cross-examined by MR. HALL. I made these pencil-marks; they are pencil-marks, without any addition.
Cross-examined by MR. JAY. King gave me his correct name and address, 48, Packer Road, Brixton—he has paid regularly, I believe—he was arrested on March 17th—he was let out on bail—I found at Packer Road these papers and the directory, in King's writing—there was no correspondence there in King's writing—he is forty-five years old.
JOHN HAINES (Detective Sergeant). On March 17th I searched the ground floor of 48, Packer Road, Brixton, the address given by King, and found some receipts for money paid for advertisements, and some paper of the Westminster Insurance Company and the Imperial Insurance Company, and a telegram.
Cross-examined. I knew that he was an insurance agent, and I should expect the papers to relate to insurance companies.
WILLIAM HAILSTONE (Detective Officer). On March 12th I kept observation on 12, Plater Street, and saw King go to the Falcon public-house, and then to Plater Street, where he remained about an hour and a-quarter—I kept observation again on the 15th, and he remaine I inside about three hours, and came out with a bundle of letters under his arm, where there is a post-office, and came back again in two minutes.
Cross-examined. I went out on the 11th and 12th, but saw nothing the two first days—I saw him on the 13th; the 14th was Sunday, and I did not go.
King received a good character.
GUILTY .—WOOD— Five Years'Penal Servitude. KING— Ten Months' Hard Labour.
375. JOHN HARVEY (68) PLEADED GUILTY to unlawfully obtaining 6d. from Emma Hyner by false pretences, and 6d. from Emily Hilton by false pretences; having been several times previously convicted.— Three Years' Penal Servitude.
MR. PASMORE Prosecuted.
ARTHUR HUNT . I live at 38, Charles Street, Barnes—on the morning of April 1st, about half-past twelve, I was coming over Hammersmith Bridge, and saw the prisoner lying up against a pillar of the bridge—I walked on, and on turning round I saw her rush for the rails—I caught hold of her, and pulled her back—she made another attempt—a policeman came up and I told him about it—she made two or three attempts while he was there—other constables came up, and a man who was with me
walked away—she had been drinking; she was not drunk; she knew what she was about.
Prisoner. I am very sorry; I had been drinking all day.
HENRY ORTON (204 V). I was on duty on Hammersmith Bridge, about half-past twelve—I took the prisoner into custody—I was not called—she had been on one of the seats—she was being held by the witness Hunt and another man—she made an attempt to throw herself over the rails into the water; she had one leg on the rails—she asked several times to be allowed to drown herself, and became very violent—I took her to the station; she had been drinking, but knew what she was about—she said she had been in Kensington Infirmary, and came out on the Monday previous—I made inquiry, and found that to be true; she was there for had health—she did not say why she wanted to drown herself.
Prisoner. I can call Mrs. Chumley, and I received a letter this morning from Miss Jaques, who can speak for me.
GUILTY.—Strongly recommended to mercy by the JURY . The Constable stated that she had been convicted several times for drunkenness, and assault arising from drink, but nothing serious.— Judgment Respited.
Before Mr. Justice Grantham.
377. GEORGE MARCHANT (55) PLEADED GUILTY to two indictments for writing and sending letters to Edgar Home, threatening to murder him. MR. C. F. GILL, for the prosecutor, stated that the prisoner had expressed sorrow and contrition for what he had done, also that he was in a very bad state of health.— Eighteen Months' Imprisonment.
MR. ROOTH Prosecuted, and MR. BIRNIE Defended.
The prisoner PLEADED GUILTY . Evidence was given that the prosecutor was a bad character, living on the prisoner's earnings, and treating her with cruelty, and that she was a respectable woman, supporting her own children as well as the prisoner by Jionest employment.— To come up for judgment wlien called upon.
MR. BURTON Prosecuted.
ADA JONES . The prisoner is my father—he occupies the whole house, 37, Alfred Street, Kenning ton, with my mother and sister—we have not got gas in the house, only in the kitchen, washhouse and parlour; we have paraffin oil lamps in the bedroom; father is a gas-fitter—on Saturday, April 24th, he was not sober—my sister Agnes and my mother were going out that evening at about a quarter-past nine—father said he was going to burn the house—mother said, "You think the children will go to bed"—he said, "Don't let them go to bed, or they will be burnt; you had better go out, and take the little ones; I don't want to burn anybody"—when they were going out I stopped and spoke to a neighbour, leaving father alone in the house—then he went out with an oil can, and came back again with it—I came back again also, about ten minutes to ten—he said, "You go, and you will see something when
you come back"—when I came back I heard the policeman's whistle going, and the house was on fire.
Cross-examined by the Prisoner. I did not say you set the place on fire; I don't know whether you were in the place at the time—I did not say you were there—when mother came homo she asked who had been trimming the lamps and spilt the oil—I did not see the oil-bottle on the table—I heard mother say, "I will put you where I can look at you; if you are going to do anything, why don't you do it, and not make so much fuss about it?"—I have a brother George, who is twenty-eight years old—I heard you talk about him—I know you were shut out of the house, and could not get in, because the door was locked—I have heard mother wish you dead many times, and I have heard her say you are mad, or else not right—I do not think there were many things burnt; there was a sheet and a I few things—I remember buying some things in the Walworth Road—I got the money from mother, and you gave it to her—it was a woman's frock that I bought, and mother went to the shop, and got some of the money back—I heard you say on the Tuesday night that you would set fire to the house.
EDWARD WALFORD . I am an officer in charge of the Fire Brigade—I was called to 37, Alfred Street, on the Saturday, April 24th, about 10.22—I found that there had been a fire in the back room, ground floor—it was out when I got there—there was a strong smell of paraffin in the passage—I found two mats in the passage—they appeared to have been sprinkled with parnffin quite recently; it smelt very strong—the gas was alight, and there were things hanging on two lines in front of the gas-burner—they could not have fallen there; they were hanging there, but I not burnt—there was not much damage done—the lines had evidently been sprinkled with paraffin in one particular spot.
JOHN FLEMING (Inspector, N). On Saturday, April 24th, about twenty minutes past ten, I saw a fire-escape going to the house, and I followed it—there was a crowd round—the fireman got into the house, and I followed him—he drew my attention to something in the passage, which smelt very strong of paraffin—the fire had been put out in the kitchen with a quantity of water—I found an oil table-cover and some matting, and a hearthrug, in a little heap on the floor—there was an empty oil-can on the top, and a quantity of spent matches spread over them, more than a boxful; there were three lines of clothes hanging; the flames had burnt one of them, and the others were damped by water—there was a fire in the grate; the mantelshelf was scorched, and so was the mantel-piece—I found the prisoner's wife there, and two children, and, from what they told me, I went in search of the prisoner—I said to him, "Is your name Jones?"—he said, "Yes, it is '—I said, "I shall take you into custody for attempting to set fire to your house"—he said, "I did not set fire to it; I had threatened to set it on fire; I had a row with my wife, and I turned them all out"—he appeared to have been drinking—I took him to the station, and, after the charge was read over, he said, "I was not there; I could not have been there at the time"—I noticed the smell of paraffin very strongly—I should say there was probably a pint of oil or more all over the floor.
---- ROSE (333 L). On Saturday night, April 24th, I went to the house—I afterwards saw the prisoner talking to another man in
Alfred Street—I heard him say, "They say I set fire to the house; I will go back and see"—I said, "Come along and see the inspector."
Cross-examined. I heard the inspector say he would arrest you.
Prisoner's Defence: I own I had been drinking, and my wife had been rowing for the last eighteen months; I certainly went and got the oil at the time; I was very drunk, and did not know what I did; I had no intention of setting fire to the house. My wife said to me on the Saturday night she would never be happy till she saw me in a madhouse, or put away. I have been hardly done by, and if you convict me you are convicting an innocent man.
NOT GUILTY .
MESSRS. CHARLES MATHEWS and E. PERCIVAL CLARKE Prosecuted, and
MR. WARD, with MR. TEMPLE MARTIN, Defended.
ELIZABETH DUCKETT . I am the wife of Jonas Duckett, of 141, Rennington Park Road—the prisoner was a general servant in our employ—she was our only servant; she was nearly nine months with me—up to March 28th I noticed a peculiarity about her, and spoke to her on the subject—I asked her if she had done anything wrong, if there was anything the matter with her—she said, "No"—she thought it was unkind of me to notice it; that she had been very poorly about two months before, and neglected things—I thought perhaps she was ill—she said nothing was the matter with her, but she was suffering from the effects of a fall about two years before—she was large, not particularly so, but much fatter and bigger—she said, "It will go off again; the periods are usually like this"—on Thursday evening, April 1st, she went out about seven—she returned about ten or half-past—I did not see her; I only heard her voice—I sent her out to post a letter, just across the road, and she then went to bed—I saw her again in the morning, between half-past seven and eight, when she brought me up a cup of tea, as usual—I did not then notice any difference in her—she got our breakfast about a quarter-past nine—about eleven she came to me to ask about dinner; I did not notice anything then—about twelve my niece came, and asked for some brandy for her, and I went and saw her in the kitchen, sitting in a chair, and looking very ill—Dr. Monkford was sent for—he said something to me, and I went and saw her; she was then in bed—I told her that the doctor said she was in labour, and she must go—she would not—I said if she did not, I must have a policeman in—she would not allow the doctor to see to her, and I was so frightened I did not know what to do—eventually I procured a cab for her; she was dreadfully ill—she went in the cab with Mrs. Lester—before she left I noticed blood all over the place, wherever she moved—Sergeant Edwards came to the house two days later, and took from her box a blue bodice which sh-j had been wearing on the Friday—the blue skirt she had also been wearing.
Cross-examined. I did not hear the sound of a child's cry in the night—while with me she was very well behaved indeed.
Re-examined. I would have helped her and done anything for her, and would have seen her through her trouble—we were very fond of her.
ELLEN LESTER . I am the wife of Thomas Lester, of 16, Turton Road, Newington—I worked for Mrs. Duckett as a mantle hand—I knew the prisoner in service there; I worked on the premises, but did not sleep there; Mrs. Duckett had a factory there—the prisoner was the only servant who slept on the premises—I noticed that she was getting very stout—I came to the house on Friday morning, April 2nd, about 9,21; the prisoner was in the kitchen—she had her back to the kitchen table; I could not very well see her—about two o'clock I saw her in the kitchen—she then looked very ill, and very much smaller—I said, "You look very ill"—she said, "I shall be all right presently"—I said, "Come along, let me take you away"—she did not want to go—she said, "I wish you would let me alone, and let me be till seven o'clock"—she said she had had gingerbeer and claret the previous night, and she thought that had disagreed with her—at last she agreed to go, and I fetched a cab—in going along I said to her, "Florence, if there is anything wrong with you don't hide it; why don't you speak out?"—she said there was nothing the matter with her, and only laughed, and said she should be better by-and-bye—I drove her to 15, Gordon Street, where her young man and his mother live, and left her there—this blue merino skirt belongs to her; I identify it by the binding and by the tear, and also by seeing her wear it—I could not say that she was wearing it on the Friday; she did not have it on when she went away; she then had on a brown skirt—the blue bodice belongs to the skirt; she took that off just as she was going in the cab, and put it in her box, which stood in the hall—she locked the box, and took the key with her.
Cross-examined. I did not notice anything in her demeanour when she spoke to me—she was a young woman that did not speak to anyone; she seemed very much worried.
JOSEPH WEBB . I am a milk-carrier, of 103, Sussex Road, Brixton—I was in the habit of delivering milk at Mrs. Duckett's, at 141, Kennington Park Road—I did so on the morning of Friday, April 2nd, about five minutes to seven—I noticed blood on the area steps—I had been there the afternoon before; there was none there then.
EMILY CHAPMAN . I am a servant at 52, Prince's Square, Lambeth—on the early morning of Saturday, April 3rd, about 7.15, I was passing along Prince's Square—my attention was attracted to a blue skirt like that (produced.)—there was just a small piece hanging through the railings on the pavement over the coping stone—I looked through the railings, and noticed a baby on the top of the skirt—I did not touch it—I spoke to Shepherd, a policeman.
JAMES SHEPHERD (60 L). On Saturday moaning, April 3rd, about 7.20. the last witness came to me, and, from what she said, I went back with her to Prince's Square, and found the body of a male child just inside the railings, wrapped in a blue serge skirt, and lying on it—the railings were wide enough to be put through—I took the body, with the skirt, to the station, and showed them to Dr. Henry, the divisional surgeon—I afterwards took the body to the mortuary.
SIDNEY ARTHUR MONKFORD . I am a registered medical practitioner, 351, Kennington Park Road—on Friday, April 2nd, between two and three in the afternoon, I was called to Mrs. Duckett's, and there saw the prisoner in the kitchen—I offered to examine her—she said I could not, as she was
unwell at the time—she said she had previously been so three weeks before—I had told her, when I first spoke to her, that she was supposed to be pregnant, and that I was asked to see if that was so—afterwards she allowed me to examine her bosom, and I told her I thought she was then pregnant, and that a further examination would be necessary; I made a further examination, and I said I believed she was then in labour, and I must go further with the examination—she said there was not the slightest need—I said she was frightfully ill, and she ought to be in bed, or go to the infirmary—she declined to go, and there my interview closed—she said she had had gingerbeer and claret, and that had disagreed with her—the appearance was consistent with her having been recently delivered of a child; in the early morning of that day.
GEORGE ROBERT HARKER . I am assistant medical officer of Lambeth Union Infirmary—the prisoner was brought there about a quarter to four on Monday, April 5th—she was very ill, and in a very depressed condition—I examined her. (The witness described in detail the appearances he found, and stated that they were consistent with recent delivery.) She remained in the infirmary three weeks and a day, when she was much better, and was taken before a magistrate.
GEORGE NICOL HENRY . I am divisional surgeon of police—on Saturday morning, April 3rd, about ten minutes to eight, I was called to Kennington Police-station, and there saw the body of a newly-born male child; it was a fully-developed child—its mouth was partly open, and was packed with paper, which must have caused suffocation, from which it died. (The witness fully detailed all the appearances..)
GEORGE EDWARDS (Detective Sergeant, L). On Sunday evening, April 4th, I went to Kennington Park Road, and saw Mrs. Duckett, and went up to the room which the prisoner had occupied—I found nothing particular there—in the front kitchen I found a bundle of clothing tied up, and in the evening I received this blue skirt from the people at the mortuary—I took it to the house, and Mrs. Lester identified it as the prisoner's—I afterwards accompanied Inspector Hayter to 15, Gordon Street, Westminster, where he arrested the prisoner—I afterwards saw her at Kennington Lane Police-station—I said to her, "Have you the key of your trunk?"—she said, "Yes," and handed it to me—I then went again to 141, and unlocked a trunk which was pointed out to me by Mrs. Duckett as the prisoner's—on the top of other clothing I found this blue bodice, which Mrs. Lester identified as the property of the prisoner—I found no baby linen, or any preparation for a child.
HENRY HAYTER (Inspector, L). On Monday, April 5th, I went to 15, Gordon Street, and there saw the prisoner—she was dressed, and came downstairs—I said to her, "We are police officers; I believe you are Florence Clark, lately a servant at 141, Kennington Park Road"—she said, "Yes"—I said, "From information I have received, I shall arrest you on suspicion of killing your male child, of which, I believe, you have been recently confined, the body of which has been found in Prince's Square, Kennington"—she replied, "I don't know what you mean; it is not my child; I did not put it there"—I conveyed her in a cab to Kennington Station, where she was charged with the wilful murder of hep child, and depositing its dead body—she said, "You will find it belongs to someone else; I don't know what you are going to do with me."
ELLEN MASON . I live at 13, Mansion House Street, Kennington—I am the matron attached to Kennington Lane Police-station—when the prisoner was brought there on Monday, April 5th, she was put in my charge—she said she was taken bad on Thursday night, and something passed away on the Friday, not a baby.
JESSIE ATKINSON . I am a nurse in the Lambeth Infirmary—on Monday, April 5th, the prisoner came under my care—she was put to bed—she told me that the baby that was found could not be hers, because she had only been pregnant four months—she said something had passed from her on Thursday night, but she afterwards said it was on Friday morning—I asked her what it was—she said it was simply clots of blood—I asked her what she had done with it—she said she could not recollect, she was confused at the time.
Cross-examined. She was in a very depressed state indeed.
WALTER BARKER . I am a compositor, and live at 15, Gordon Street, Pimlico—I have known the prisoner for two or three years past—I kept company with her for two or three years—I remember her leaving Mrs. Duckett's, and coming to stay at our house in April—she had not prior to that made any statement to me with regard to her condition—she said in the course of last year that she thought she was in the family way; that was about the end of August, 1896—she did not tell me how far gone she was at that time.
Cross-examined. I have expressed my willingness to marry her, but I have been out of employment about two months during this year—I have this morning expressed my willingness to marry her.
ELIZABETH DUCKETT (Re-called). There are four floors in the house in the Kennington Park Road—it is a twelve-roomed house, having two kitchens—I was living in the first floor back—the servant slept at the top—we could not hear a slight noise in her room; I thought we could till my sister came down on that night—we go to bed at ten, and the servant too, as a rule—we sleep soundly—I have tried it, and we cannot hear any noise in the top.
GUILTY of endeavouring to conceal the birth of the child. — Eighteen Months' Hard Labour.
ADJOURNED TO MONDAY, MAY 24TH, 1897.