CENTRAL CRIMINAL COURT
NINTH SESSION, HELD JUNE 28TH, 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.
STEVENS AND SONS, LIMITED, 119, CHANCERY LANE,
Law Booksellers and Publishers.
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, June 28th 1897, and following days.
BEFORE the RIGHT HON. Sir GEORGE FAUDEL PHILLIPS, Bart., LORD MAYOR of the City of London; Sir HENRY HAWKINS , Knt., one of the Justices of Her Majesty's High Court; Sir HENRY EDMUND KNIGHT , Knt., Sir REGINALD HANSON , Bart., M.P., Sir STUART KNILL , 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., SIR JOHN VOCE MOORE, Knt., MARCUS SAMUEL , Esq., JOHN POUND , Esq., JOHN CHARLES BELL , Ksq., and JOHN KNILL , Esq., other of the Aldermen of the said City; and 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. NINTH 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, June 28th, 1897.
Before Mr. Recorder.
425. WILLIAM WINKWORTH , to stealing, whilst employed in the Post Office, a letter containing a half-sovereign, a half-crown, and one shilling.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
426. ALEXANDER VENABLES (37) , to stealing, whilst employed in the Post Office, a letter containing twenty-five postage stamps, also a letter containing a postal order for 2s.; also, with GEORGE WILLIAM TOOTH , to stealing letters containing post-office orders. VENABLES— Fourteen Months'. TOOTH— Six Months Hard Labour. [Pleaded guilty: See original trial image.]
(428) VICTOR DEBENHAM (32) , to breaking and entering the Church of St. Mark, Myddelton Square, and stealing a bottle of wine and a candle, and to a previous conviction of burglary in April, 1892.— Six Months' Hard Labour. [Pleaded guilty: See original trial image.]
ALFRED CHARLES KING . I live at 122; Ball's Pond Road—Mr. Chas. McDonald is my solicitor—on Monday, June 14th, Stich called at my shop and said he had come from Mr. McDonald; was I Mr. King?—I said, "Yes"—he said, "Can I speak to you privately?"—I took him upstairs—he said Mr. McDonald could not come himself, as he was very bad—after some talk he went away—on Tuesday afternoon, the 16th, he called again with this letter, saying he had come from Mr. McDonald—the letter was fastened down—I opened it in his presence and read it—I
knew it was not Mr. McDonald's writing; I said, "Wait a moment, I will go upstairs and fetch the money," and I went out and fetched a policeman and gave him in charge; the letter asked for money which I had already paid—he said he had got the letter from a man at Dalston Station; I went to Dalston Station, but could not see any man—I afterwards went to Mr. McDonald, and made inquiries from him—I then went with Sergeant Pearson to Tulse Hill, to the address of the prisoner's brother; I there saw Stich—he said he was quite innocent of anything wrong; he knew nothing about it.
THOMAS CLARK (470 R.) The prisoner Ramsell was given into my custody on the 16th of this month—when this letter was produced he immediately said, "I never saw the man before he met me in the City; I was looking for a job, and he asked me to take this letter when we came to Dalston Junction; he said he would wait there till I came back, that Mr. King would sign a paper inside"—at the station he produced this card, with the other prisoner's name and address, also this letter from Stich, asking Ramsell to meet him at Eastcheap next day.
EDWARD PARSONS (Police Sergeant, J). After Stich was taken into custody, Ramsell was brought in and confronted with him, and he said, "That is the man that gave me the letter this morning at Dakton Junction"—I found on Stich this pocket-book, which has Ramsell's name and address written in it.
Ramsell. What I said is true; I should like Stich called, and he would say it is so.
RAMSELL— NOT GUILTY .
STICH received a good character.— To find two sureties of £100 each, and to enter into his own Recognizance in£50 to come up for judgment if called upon.
MR. CHORLEY Prosecuted.
SAMUEL ROSENBERG . I am a house agent, and live at 26, Rectory Road, Stoke Newington—on March 3rd my wife and I went out for a little while; we returned about half-past eleven, and found the house in the possession of the police—a quantity of silver had been stolen to the value of about £25; I had left the house securely fastened—the bedroom door had been forced—I gave information to the police, and next day a man was found with the missing property in his possession—I went to Wood Green, and identified the property.
THOMAS JOHN MORRIS . I live at Wood Green—on March 4th I was in a tramcar—I saw two men in the car—the prisoner was one of them—one of them had a black walking-stick belonging to me, and under the seat between the two I saw a black bag belonging to me—they saw that I was watching them, and they spoke to one another—they had tickets for London, and after going on for about a quarter of a mile they got up to leave the tram—I got up and stopped them, and told them they were in possession of property stolen from my house about a month before—I had a little altercation with them to keep them in the road—I began to argue about
the stick—the prisoner said, "It is a very peculiar stick"—I said, "It is"—he said I could have it if I liked; a friend gave it to him—I said, "How long have you had it?"—he said, "About three week,; my friend there gave it me"—all this time they had the bag in their hands, shifting it from one to the other—the prisoner said, "You are making a great mistake about this, and you will have to pay for it; it is my bag—I said "If it is my bag it has a tear in it"—one said to the other, "Let him see"—they opened the bag—I said, "It is mine." and I put my hand in it—the prisoner said, "Take your hand out; my papers are in it; I don't want you to know anything about them"—there were no papers but there was a quantity of plate—by this time there were four police-men on the spot, so I knew I was all right; and I explained the matt them—the men said they were anxious to get to London—the inspect said "This won't do for me"—he got on the 'bus with my bag—the prisoner had my stick—I went to Wood Green to charge the the prisoners—I there found the other man, who has been convicted—the prisoner bolted with my stick—all through the piece the prisoner seemed to know everything, the other did not seem to know what to say—the bag and stick had been stolen from my house, with a lot of other articles.
RICHARD ROBERTS (82 N.) On March 4th I was on duty in the Green Lanes, Tottenham, and saw Mr. Morris, the prisoner, and another man, who has already beon convicted, in conversation together—Mr. Morris asked me to take their names and addresses, as they had a bag and a walking-stick belonging to him—I asked them to accompany me to the station—the other man went away; I was walking behind the prisoner, and could not catoh him up—the address he gave was 145, Morley Avenue, Wood Green—I made inquiry there, but nothing was known of him.
Cross-examined by the Prisoner. I was twenty or thirty yards behind you—you said you were going to the station to clear your character.
JOHN WILKINSON (Polic, Sergeant.) On May 27th I arrested the prisoner at Islington Police—station, where he was detained—I said, "Is your name Ernest Turner?"—he said, "Yes"—I said, "You will have to come with me to Wood Green Station, where you will be charged with housebreaking, with another man"—he said, "All right I should like to know who has rounded on me"—on the way to the station he said, "I suppose we shall see the old toff; he is an old donkey; he knew his stick again; it is not worth 6d.; I put it down against the wall while I was running away home"—when the charge was read over to him he said, "All right."
The Prisoner, in a written defence, alleged that the other man, Spicer, and his wife, took apartments of him, and had the bag and stick, and on going away he went to the tram-car with him, Mr. Morris identified the things, but he denied any knowledges of the robbery, and ever being in Spicer's company at any other time.
GUILTY of receiving. *— Forteen Months' Hard labour.
received an excellent character from Corporal Rooth, of the Life Guards, who had been in the same regiment with him for ten years and a-half.— Discharged on his own Recognizances in £10 to come up for judgment if called on.
NEW COURT.—Monday, June 28th, 1897.
Before Mr. Common Serjeant.
433. JAMES WEBSTER (69) , to stealing a piece of cloth, the goods of Wheeler and Company, Limited; having been convicted of felony on Octoter 21st, 1895. Several other convictions were proved against him.— Eighteen Months' Hard Labour.
434. JACOB BARNETT (21) , to stealing a purse and 8s. 6d. from the person of Flora Jessop; having been convicted on April 15th 1896. Five other convictions were proved against him.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
435. FRANK JAMES (30) , to stealing a purse and 9s. 9d. from the person of Edith Emily Youngman, having been convicted at Newington on October 2nd, 1894. Seven other convictions were proved against him.— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.]
436. WILLIAM HUGH GOWER* (32) , to three indictments for forging and uttering endorsements to cheques for £4, £1 11s. 3d., and £5 5s., with intent to defraud. [Pleaded guilty: See original trial image.] Recommended to mercy by the prosecutor. — Six Months' Hard Labour.
437. JOHN ANDREWS (39) , to breaking and entering the dwelling-house of George Pearce the elder with intent to steal. To enter into Recognizances, being ill. [Pleaded guilty: See original trial image.] And
MR. WILKINSON Prosecuted.
WILLIAM GIBBS . I am a grocer, of 102, Horseferry Road, West-minster; on May 5th the prisoner came in and purchased some bacon, price 3d; he gave me a florin; I gave him 1s. 9d. change, and he left; I then examined the coin, and bent it; this is it (produced)—on June 14th I went to the station, and picked him out from several others.
HENRY PUSHEY . I am a tobacconist, of 120, Horseferry Road—on June 7th, about 7.30, the prisoner came in for a penny cigarette, and gave me a florin; I examined it, and found it was bad—he said, "No, it is not"—I said, "You passed one next door"—he said, "It is not mine; it belongs to a man named—"—I said, "You ought to be locked up"—he did not ask me for the money back—I took back the cigarettes, and kept the coin, which I afterwards handed to Richardson, and he was given in custody.
JOHN WATTS (Detective Sergeant, A). On the night of June 7th I went to the Salvation Army Barracks, Westminster, and found the prisoner in bed; I called him out, told him who I was, and said, "I believe you passed
this coin in Mr. Pushey's shop, Horseferry Road"—he said, "Yes, I did not know it was bad"—I said, "I believe you passed one next door, and one in Baker Street"—he said, "Yes, this boy gave them to me, and gave me twopence to change them"—he gave his address at the Salvation Army shelter—I received a coin from Mr. Gibbs, and was present when he identified him from a number of other men.
OLD COURT.—Tuesday, June 29th, 1897.
Before Mr. Recorder.
440. VICTOR SCHULMAN (48) PLEADED GUILTY to stealing £106 10s. of Albert Pulverman, his master, also to forging and uttering an order for £106 10s. He received a good character, and a former employer promised to take him back into his service.—To enter into his own Recognizances in £50 to come up for judgment if called on.
441. HARRY MONTAGUE CHADWICK (28) , to two indictments for forging and uttering two cheques for £548 12s. 6d. and £1,000, and to a previous conviction at Aylesbury on November 16th, 1889, two other convictions being proved against him.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.] And
MESSRS. HORACE AVORY and A. GILL Prosecuted.
JOHN FREDERICK SABINE . I am manager of the Kilburn branch of Parr's Bank, Limited—our head office is in Bartholomew Lane—on May 13th the prisoner drove up to our bank in a cab, and was shown into my office—he said, "Your people in the City tell me that you will kindly cash my cheques for me"—he spoke with a strong American accent—I said, "Under what circumstances?"—he said, "I am over here with some friends from New York for the Jubilee, and we are staying at the Hotel Cecil, but for a few days soiue of us are staying in Grove End Road, and it would be convenient to have some money here to save going into the City"—Grove End Road is close by our branch—I asked him under what circumstances he came from our head office—he said he had a letter of credit for 30,000 dollars, which he had lodged with Brown, Shipley, and Co.—they are old American bankers—I explained to him that it would he better to have an account with us—he said he should be very pleased, and he would transfer 2,500 dollars—I said, "Will you give me a cheque to open an account with?"—he said, "My cheque-book is at the Hotel Cecil, but my cab is outside; I can send for it;" that rather took me off my guard, and I said, "You need not do that; you can open an account here; you can sign an order," which I produced to'him, and he signed it "R. G. Hay," addressed to a Paris bank—I said, "Hay, that is the name of the Ambassador of your country;" he said, "Yes, he is my cousin"—he
he showed me two tablets, representing eight rooms at the Hotel Cecil, which he said he had secured for the entire Jubilee—he said he did not think he could come to the bank again, but he would send his wife—he said, "I know in the United States it is necessary to have somebody as a witness "; I said, "It is not necessary here; I shall have to clear it," and I sent a clerk to the City—the prisoner remained a little while, but before the clerk returned he said he should want a little money, and I gave him a cheque-book containing twenty-five forms, and he drew a cheque for £10, and filled up another for £50, which his lady would want, and would call for—the clerk shortly returned, and said they did not seem to know anything about this matter in the City—he said it must be a mistake, and suggested going to the telegraph office—he seemed annoyed, and I took him immediately to a private office; in my presence he telephoned, complaining of the apparent neglect in not attending to his business—he went through the form of listening for reply, and then said, "This will be put right; "thereupon he went out; as we left the door he walked a little in front of me, and he said, "My cabman tells me there are two ladies of our party waiting across the road; I will go to them"—I watched him across the road, and waited a little while; he never returned, or the ladies either—after that, up to the time of his arrest, fifteen of the cheques that were in the cheque-book I had given him were presented at our bank, signed "R. G. Hay," amounting to £384, which were dishonoured—these are the cheques; one is signed "G. H. Phillips"—they are all from the same book—here is one signed "R. G. Hay," and another signed "Davis and Co."—I think they are all in the same writing.
Cross-examined by the Prisoner. You signed my book "R. G. Hay "; you were not with me two hours before you gave the name—you said you were cousin or second cousin to the Ambassador—you signed the cheque for £10, and got the money.
EDWARD LEE . I am assistant to the chief clerk of Parr's Bank in Bartholomew Lane; I do not know the prisoner—no person named R. G. Hay has any account at our bank through Brown, Shipley and Co.—on May 13th I received a message from the Kilburn branch, and replied to it.
CHARLES HODSON . I am clerk at the American Embassy—Colonel Hay is the Ambassador to this country—I do not know the prisoner at all—the Ambassador has no cousin named R. G. Hay—there are no persons connected with the Embassy named Grant, and have not been for the last twenty years.
GRACE MITCHELL . I am housekeeper to my father, John Mitchell, who is proprietor of Mitchell's Hotel, in Dover Street—on May 29th the prisoner came there, and asked for four bedrooms and one sitting-room for a party, part to arrive on Saturday evening, and part on the following Monday; they were coming by train from Southampton—he gave the name of "R. S. Marshall, Chicago"; he wrote that in my presence—he said he was going to bring his wife and daughter with him—he had luncheon; he asked me to cash a cheque for £10—this (produced) is the cheque—it is signed "D. H. Phillips and Co.," and is on Parr's Bank, Kilburn branch—he said he did not want it all; I gave him £5—he then wanted a little more money, and I gave him half-a-sovereign; he said that would do; he said he was expecting a parcel from the jewellers, and it was worth £118, and he
wished it pat in the place—this telegram was afterwards sent to the prisoner by a page boy: "All luggage to be sent"—it came by omnibus, empty—the jewellery parcel never came—he went out after my father had given him an additional £2, and I never saw him again.
Cross-examined. You sent this telegram, and gave the boy 2s., and told him to take it, and keep the change.
AMANDA HARTMANN . I am second book-keeper at Long's Hotel, in New Bond Street—on May 25th the prisoner came there, and asked for three bedrooms for himself and his brother-in-law and wife and child, whom he expected that evening from America—he had lunch, and afterwards asked for the waiting-room, which he was shown, and later on he came and asked for a cheque for £5 to be cashed—this is the cheque; it is signed "D. L. Davis and Co."—he said he wanted a little English money—I changed it; it was afterwards returned, marked as it is now—he selected some rooms—his party never arrived—he went away, and never came back—he gave his name as G. S. Rogers—this key is a key of one of the rooms he saw, and this paper belongs to the stationery of our hotel.
GEORGE YOUNG . I am hall-porter at Long's Hotel—on May 25th I saw the prisoner when he came to the hotel—on May 31st I saw him at the Windsor Castle public-house, and recognised him—I followed him to Victoria Street, and there gave him into custody—he said, "For God's sake, let me go!"
Cross-examined. I said at first that your name was Fisher, but I was not certain; I think I made a mistake; I think the name was Rogers—I gave you into custody for passing a forged cheque for £5 at Long's Hotel.
AVELYN ASHBURY . I am manager to A. and B. Ashbury, Edgware Road—on May 13th the prisoner came to the shop, and wanted a suit of clothes—I served him with them, and an overcoat—he changed his clothes and put on the suit, and took the overcoat away with him—he said he was Colonel Hay, and had come from abroad—he asked if I would take a cheque for the coat; I said I would—he gave me this cheque for £4 10s., and another cheque for £10 for the suit, and he would call next day for the change—he showed me a cheque-book on the Kilburn branch of Parr's Bank—there was another cheque for £50, which was to be cashed next day—I did not see him again till he was in custody—he was then wearing the suit I sold him.
THOMAS BRADDINGTON . I am a pawnbroker, of 15, Upper Park Place, Dorset Square—this overcoat was pawned at our shop on the 20th of May; in the name of Charles Roberts, 15, Portman Square, for 15s., I believe by the prisoner—this is the ticket—it is nearly a new coat; it has not had much wear.
Cross-examined. I believe you to be the man that pawned it, but I could not swear to you.
JUSTIN CHEVAS . I am confidential clerk at the Hotel Cecil—I recognise the prisoner—I saw him at the hotel the last week in April—he came to take live rooms for an American family of the name of Rock-fellows; I know the name as that of a great millionare—he gave his name as Captain Norton—he was supplied with two tickets for the rooms, with the numbers on—the party never arrived, and the rooms were never
occupied—several parcels came to the hotel, addressed Captain Norton, Captain Hay, and Colonel Grant; they were all sent back, as no one was staying there in those names.
Cross-examined. A person was arrested as being Captain Norton—I said I thought he was the person—it was a case of mistaken identity; the person was remanded for a week, and I corrected myself on the remand, as there was a doubt as to his being the man; I am perfectly certain you are the man.
Cross-examined. I stated at the Police-court that I spoke to you in the bank, and that you left twenty minutes before the messenger returned; I also said that the telegram had been received that they knew nothing about you.
GEORGE OSBORN (Police Sergeant, C.) On May 31st I went to Rochester Row Police station with Inspector Arrow, and found the prisoner detained there—I had a warrant for his arrest—I told him I should arrest him for obtaining money by false cheques from Long's Hotel—he said, "Very well, I shall still persist in saying it is a case of mistaken identity; there is a proper place to speak, I shall say no more now"—I asked him for his name and address; he refused to give either—he wished to be charged with the name that was on the warrant; that was R. G. Rogers—I searched him, and found this key of Long's Hotel, also this note-paper belonging to that hotel, two cards belonging to Mitchell's Hotel, two telegrams addressed to H. Marshall at Mitchell's Hotel, some note-paper of the Hotel Cecil, some bills from wine merchants and others in the name of Colonel Clare, Hay, Norton, Rogers, and various others, and letters addressed to the Hotel Cecil, all loose—I also found on him these two ladies' purses, and in one of them this pawn-ticket for the overcoat.
Cross-examined. I have no recollection of your asking me for a list of the telegrams—you asked me to be very careful of the letters, and I tied them up separately in this silk handkerchief, as you said some of them were very important.
CHARLES ARROW , Detective Inspector C (Examined by the Prisoner.) I was present when the detective arrested you, and when he searched you—you said you wanted these things taken great care of, especially two telegrams and some letters of great importance—you did not ask for a list of the things, nor did I refuse to give you one—while you were on remand I called on a great many persons; I did not tell them you were the man they wanted—several ladies came to me about you—I did not go to them; they came to the Police-court, and pointed you out—the man that was mistaken for you was discharged; he was a respectable gentleman—I never said to you, "I have the means of making this very hot for you"—I don't remember saying anything in the nature of a threat—you consented to give up the suit of clothes—the letters are all here, just as they were taken from you—no others have come into my possession; there are no letters from bankers.
Prisoner's Defence: I wish to call the attention of the Jury to three points; first, to the letter of R. G. Hay. That the manager gave me a cheque-book is true, and that I gave the name of R. G. Hay in the book is true, but I did not give any order; the manager wrote it himself, and I
signed it, but it does not correspond with the signature in the book, nor with the signature to the cheque for £500. It is impossible for me to explain everything. I thought I should not be tried till to-morrow. I am left entirely unprepared. I have no witnesses to call.
MESSRS. HORACE AVORY and A. GILL Prosecuted.
MILDRED STANHOPE . I live at 90, Newman Street, Oxford Street—on April 16th last I was in the coffee-room at the Continental Hotel—I saw the prisoner there—he introduced himself as Captain Clifford, Attache to the American Embassy—he showed me several letters which he had in his pocket, one with the name of the Hotel Cecil on it—he said he was staying there—he said he had a lot of dollars; I forget how many; they were kept in the safe for him by Mr. Bertini, the manager—he showed me a cablegram from New York, and he said, "You see, it is all right; the holiday is over; you can buy anything you want"—he came and stayed with me that night till the following day, and lived at my expense during that time—he sent telegrams all over the place; I paid for them, and for his cab fares—on the Tuesday morning I went to the bath-room, leaving him in the bedroom—I left my jewellery there—when I came back he had gone, and my jewellery too; a bracelet, a watch with diamonds, another bracelet, a purse containing a scarf-pin, and other things, altogether of the value of £50—I next saw the prisoner at Marlborough Street Police-court—he was then alone in the dock—I am quite sure he is the man.
Cross-examined. The officer did not tell me that you were the man—there was no trouble in the house, except through you—you ordered things, and did not pay for them, and the landlady wanted money—I only left the room for about seven minutes.
GUILTY .—Sergeant Kane proved a previous conviction of the prisoner on July 30th, 1894, and Inspector Arrow stated that his life had been one of fraud for many years.— Ten Years' Penal Servitude.
445. CHARLES ANDREWS (39) PLEADED GUILTY ** † to stealing a watch, a chain and two trinkets, belonging to Robert Uitin Taylor, from his person, and to a conviction of felony at Worship Street on November 16th, 1894, in the name of Charles Compton.
A police officer stated there were seven previous convictions, and that he belonged to a dangerous gang of thieves at Hoxton.— Six Months' Hard Labour.
MESSRS. HORACE AVORY and ARTHUR GILL Prosecuted, and
MR. RAYMOND Defended.
WILLIAM BELL . I was manager to the Direct Home Supply Stores in April last, of No. 30, The Minories, and 86, Kingsland Road—on April 30th I changed this cheque for £1 for the prisoner—it is drawn on the London and Midland Bank: "Pay Mr. McCann or order £1," and signed
"H. Hirons"—I said, "If you will endorse it at the back I will cash it for you"—he endorsed it, "McCann" on the counter, in my presence—I believed it was valid; I should never think a man for £1 would do anything dishonourable—I paid it into the Shoreditch Branch of the London and South-Western Bank—I received it back, marked, as it is now, "Refer to drawer."
Cross-examined. He called in the evening just before the shop closed, about nine p.m.—there was plenty of gas light—I did not know his face or anything about him—I have never been offered the £1 back—I was not in a hurry that night—I know Mr. Church, a buyer; he has not offered me the £1 back—I did not know Hirons was getting money by a bill of sale.
Re-examined. McCann did some carting—I believed the prisoner was McCann, because he signed at the back "McCann."
FRANK McCANN . I am a builder, of 47, Mortimer Road, Kingsland-in January last I hired a cart out to Hirons for £1 a month—he was irregular in his payments—I called on him on April 14th at 25, Stoke Newington Road, to get the cart back—he took me to his stable in the Gordon Road, and on the way asked me to have a glass of ale—then he wrote this cheque for £1 of April 14th to my order—I refused it, and, as the payments were irregular, asked for the return of the cart—he said it was at the stable at Leytonstone—this is my surname, but it is not endorsed by me or by my authority.
WILLIAM BURGESS . I am a grocer, of 88, Stoke Newington Road—on April 24th, about four p.m., the prisoner, whom I had known a few weeks, purchased goods to the value of 19s.—he tendered this cheque for £6—I asked him if it was all right at the bank—he said he had credit for about thirty such cheques—I think that was the number. (The cheque was drawn on the London and Midland Bank, and signed "H. Hirons.") I knew him as Hirons—I gave him £5 1s. change—I paid it into the bank, and it was returned marked, "Refer to drawer"—I wrote to the prisoner at 25, Stoke Newington Buildings, where I had sent the goods on the previous Saturday to my paying the cheque into the bank on the Tuesday—my letter was returned from the Dead Letter Office—I paid it in a second time, and it was returned—at the time I gave him the change I believed it was a valid order.
Cross-examined. I had known him about three weeks, and as he represented a good Brighton firm I thought his credentials were good enough to cash the cheque—I do not make a practice to change cheques for strangers—I had changed two cheques that were honoured—he did not say he was expecting money, and ask me to hold it over—if I had doubted it I should have paid it in at once—I paid the other cheques in the next day.
Re-examined. I believe the other cheques I cashed were for £5—he told me he represented Messrs. Moon, of Brighton—that was on the Saturday, and he left me some samples of their specialities.
ALFRED WILLIAM SMART . I am Secretary of the Aerated Beverage Company, Limited, of 107, High Street, Kingsland—on May 1st the prisoner called on me about 11.30 p.m.—I had seen him once before on the day before Good Friday—my premises were open—we sell bread and pastry—it is a baker's shop—my manageress handed me this cheque for
£10s. before the prisoner came in—when he came in I said, "It is a strange thing for you to come, and get money in my name," or words to that effect—that was in consequence of what my manageress had told me—he asked for the balance of the cheque—I gave it to him, £1, but before that I said I did not like to do it, and he said, "Cheques are tricky things, but this will be all right"—I gave the manageress 10s. to make her money right—I paid the cheque into the bank the following Monday—it was returned marked "N.S."—at the time I gave him the money I believed the cheque was a good and valid order.
Cross-examined. He said he was doing business, but I ascertained afterwards it was not true—I had cashed one cheque for £1, which was met—that was the day before Good Friday.
ARTHUR WALTER WARD . I am cashier of the London and Midland Bank, Stoke Newington Branch—I produce certified copy of the account of Henry Hirons from the lodger at our bank—the first column shows cheques drawn and paid between April 12th and May 11th; the second column, the money paid in; the third, the balance on each of the days—the cheques produced are drawn by Hirons on his account—they were returned as they now appear, because there was not sufficient to meet them—this cheque, payable to Poultney, was also presented and dishonoured (of April 24th)—I also produce certified copy from the returned cheque-book, which shows, between April 13th and May 10th, nine cheques dishonoured, amounting to a total of £32 10s.—nothing was paid in after May 10th—on April 26th the usual formal letter in such cases was sent to the prisoner, asking for the reason there were not sufficient funds to meet the cheques returned—we" got no answer.
Cross-examined. I have only seen a copy of the letter—the manager would have told me if there had been a reply—the prisoner had paid in twice after opening the account; £2 and £5—the account was opened on April 12th with £10—the £5, £5, £1, and £1 are cheques drawn and paid—on if ay 10th we charged a commission of 5s.—there is now a small balance—he paid in £17 8s.
Re-examined. He had drawn out £16, besides the dishonoured cheques for £32.
EDWARD NEW (Detective N). On May 11th I saw the prisoner outside No. 62, Edgware Road, South Tottenham—I said, "You know me, Mr. Hirons?"—he said, "Yes"—I said, "I hold a warrant for your arrest for obtaining money by false pretences"—we went into his house, and I read the warrant to him—he said, "Who is Burgess?"—I said, "He is a grocer in the Stoke Newington Road"—he said, "Oh, yes!"—he afterwards said, "I expected this; I have tried hard for a long time to get the money to meet these cheques; it is hard luck, but that man, Burgess, got other cheques about Good Friday, which have been apparently met; I reckon I have got about £18 out"—after he was charged he said, "I am not guilty"—he handed me a cheque-book of the London and Midland Bank—I also found a cheque-book of the London and Provincial Bank.
Cross-examined. He gave me every assistance—he said he was hoping to get money on a bill of sale, and he expected it completed—I arrested him about three p.m.—I made my note immediately after he was charged—his house is about a mile and a-half from the Police-station—I went by
cab—I put down, about word for word, what he said not more than half an hour afterwards.
Re-examined. I found on him a pocket-book which contained three pawnbroker's contract notes—one was for a horse and cart pledged to a Mr. Sutton—also four pawn-tickets and one blank cheque.
GUILTY . (See page 673.)
NEW COURT.—Tuesday, June 29th, 1897.
Before Mr. Common Serjeant.
448. ROBERT MORRISON (27) , to two indictments for forging and uttering endorsements to two cheques for £26 6s. and £22 11s. 9d.; also to embezzling £26 6s., £22 11s. 9d., and £4 16s. 6d., of Alice Rose Lapper, his I mistress. He received a good character. [Pleaded guilty: See original trial image.] Recommended to mercy by the prosecutrix.— Judgment Respited.
449. JOHN HOWARD (23) , to robbery on Richard Adolphus Caine, and stealing a watch and chain, his property. Nine convictions were proved against him, including terms of four years' and five years' penal servitude, of which he still had 344 days to serve.— Seven Years'Penal Servitude. [Pleaded guilty: See original trial image.]
450. FREDERICK SMITH (14) , to forging and uttering a cheque for £67 19s. 3d., with intent to defraud.— Discharged on his father's Recognizances, who promised to give him a good thrashing. [Pleaded guilty: See original trial image.] And
(451) JAMES GUNNEN (18) , to causing actual bodily harm to Thomas Russell, also to shooting at Charles Goulet, with intent to do him grievous bodily harm.— [Pleaded guilty: See original trial image.] Judgment Respited.
JAMES HARRIS . I am a general dealer, and keep the Cavanagh lodging house, 10, High Street, Borough—on June 16th I was in the Cow and Calf public-house, and the prisoner came across to me and said that be had just come off the boat, and it was too late to go to the bank, and produced a note or cheque for £5—this is it; he took it out of a book—I said that I would not have anything to do with it—it was already torn out of the book—I told a constable, and the prisoner was arrested.
ARTHUR STYLE (769, City.) On June 16th, about five o'clock, I saw the prisoner having an altercation with Harris, who was dissatisfied about paying 20s. to the prisoner for a cheque—I took them to the station, and found this cheque-book concealed between the prisoner's trousers and shirt, and a silver-mounted pipe, tobacco and pouch, paper-knife, 19s. in silver, and several memos. in Mr. Clowes's name—he said that he picked them up in Leadenhall Street—they are identified by the prosecutor.
EDWARD ARNOTT CLOWES . I am a printer, of Stamford Street, London—this cheque is mine—I left my bag in the outer office in Leadenhall Street, and when I returned in an hour it was gone; it contained a lot of certificates of shares, a cheque, and some letters—there were no clerks in the office; the door was shut, but not locked—I had used two cheques out of the book; I wrote something on one, but nothing on the others—it
was a glass flask with a silver top, containing whisky—the flask has not been recovered—I do not know in whose writing the cheque is filled up.
ALEXANDER HYAM (850 H.) On Tuesday, June 15th, at 8.30 p.m., I was in Fenchurch Street, and saw the prisoner sitting on a window ledge, with a flask in his left-hand and a metal cup, which fitted on to it, in his right—he was with a lost child, and I said, "Don't bother too much; you will frighten the child"—I have not seen the flask since.
Prisoner's Defence: I was under a bench, and found a white knife and a book, which I showed to a man, who said it was easy to get money with it, I never saw any writing on it. I had 19s. 11/2d. in my pocket. He said, "This is a nice knife; where did you get it" I said, "I picked it up." This man found all my papers. I am a steward.
NOT GUILTY .
MORRIS PLEADED GUILTY .
MR. BURNEY Prosecuted.
HERBERT COOK (City Police Sergeant). On June 20th, just before one A.m., I was in Aldersgate Street, and saw the two prisoners standing over the prosecutor, who was lying drunk on the footway; but they had not their hands on him—Morris walked hastily away as I went up—I followed him, and arrested him in Barbican—there had been more people than usual in the City for a Sunday morning.
GEORGE WYATT . I am landlord of the Fontenor—on June 20th I had been to Aylesbury Market, and was the worse for drink—I was in Aldersgate Street, and had a gold watch—I know that I was lying drunk and incapable on the pavement—I remember the prisoners—Morris tugged at my watch—I missed it next morning—the bow was broken—they both got hold of me—I contradict a witness who says that Kitchen was trying to get me up from the ground.
FREDERICK BOLTON . I live at 288, Strand, and am out of employment—on the night of June 20th, or early on the morning of the 21st, I saw Wyatt on the pavement, each of the prisoners holding one of his arms, and I saw Morris snatch his watch—Kitchen walked away, leaving the man on the pavement.
Cross-examined by MR. BURNBY. I have said "Kitchen was apparently trying to get him up," but he left him on the floor.
FRANK COOMBER (181 G.) I arrested Kitchen in Goswell Road about one a.m. on June 20th, about 200 yards from Aldersgate Street—I told him the charge—he said, "Well, that is all right; I know nothing about it"—afterwards he said, "I only tried to help the old gentleman up, as anybody else would have done"—I went back to the spot, and found a watch-bow.
Cross-examined by MR. BURNEY. I have been to Kitchen's address; he is a carman, and bears a good character.
Kitchen's father gave him a good character.
MORRIS— To enter into Recognizances.
NOT GUILTY .
MR. LAWLESS Prosecuted.
RAYMOND JOHN BRASIER . I am assistant to James William Benson, of Ludgate Hill—on May 18th, about 2.30, I saw the prisoner throw a portion of a brick at our window, and put his hand in—I went out, and found his hand in the window, drew him back, and he dropped a gold watch, value twelve guineas—I gave him in charge.
Cross-examined. He was excited—I did not see the watch in his hand, but it was the only watch outside—there was no jewellery nearer the hole—the watch was about eighteen inches from the hole—the watches hung on hooks, and to take off one you must take them all off—we have a window which might have been broken, where there was a quantity of jewellery.
Re-examined. He threw the brick through the glass; it left his hand.
NICHOLAS LAVERS (480, City). On May 18th, about 3.30, I was on duty, heard a smash of glass, and saw the prisoner at the window; persons said that he had broken it; I asked him why he broke it—he said, "Because I am disgusted with everybody in this country except Her Majesty"—he said that I should not take him—he was taken to the hospital, and then to the station—he said that he should do a similar thing when he came out—he was a little excited; I think he had had a little drop.
Cross-examined. He threw himself on the ground, and said that I should not take him; he would go for it—I do not know that he attempted to commit suicide.
The Prisoner's Statement before the Magistrate; "I am charged with breaking a window at Mr. Benson's, the jeweller's, and stealing a watch. I wish to plead guilty to breaking the window, but not to stealing the watch. I have been charged several times before, but never with felony. I have had so many wounds on my head, and am not responsible for my actions. I was in drink. I have five discharges from ships where I acted as fireman (naming the ships.) I hope you will give me another chance, and let me go to sea; but at times I have a fit, and do not know what to do. I have been charged three times with throwing myself into the Thames, and twice with attempting to drown myself, and with cutting my throat in Holloway Prison. I am not responsible for my actions.
The COURT called
DR. JAMES SCOTT . I am medical officer of Holloway Gaol—the prisoner has been under my observation since May 18th, and my attention has been directed to the state of his mind for several weeks—I find nothing indicating insanity, but his mind has been weakened and impaired by drink for some years—I should have authority to consult some of my brethren before next Session.
Cross-examined. If I was aware of previous acts of violence I should not think differently unless I knew other matters, such as drink—if he had been guilty of wilful damage on several occasions, that would not affect my judgment, knowing what I do—drinking men often break windows—I have not heard of his throwing himself into the river—I found no indication of insanity.
The Prisoner. I am telling you the truth; I did not know what I was doing—I cut my throat, threw myself in the Thames three times, and
cut my head; it is for any doctor to decide whether I am in my right mind; don't let me out again, or I shall do something I shall be sorry for. Send me away to a convict settlement.
GUILTY of attempting to steal. Seven convictions of wilful damage, assaults, disorderly conduct, and assaulting the police were proved against him.— Judgment respited for inquiries as to the state of the prisoner's mind.
OLD COURT.—Wednesday, June 30th, 1897.
Before Mr. Justice Hawkins.
In this case the GRAND JURY had ignored the bill, and no evidence was offered on the Inquisition.— NOT GUILTY .
MR. HARDY Prosecuted, and MR. COHEN Defended.
JEAN MARIE GABRIELLE OSSEDAT (Interpreted). I am the prisoner's wife—I was married to him in 1894 at St. Etienne, in France—we have no children—I subsequently discovered that my husband suffered from epilepsy—before an attack came on he was in a very nervous state; he fell down and had convulsions; after ten minutes or so it passed over—we came to England in December last year; we first went to a lodging, and ultimately settled down at 46, Howland Street—on May 20th I was absent from home; I returned next day at one o'clock in the nfternoon for détejeuner—my husband was at home when I arrived—he reproached me for not coming home, and said, "You have been sleeping with a male friend"—at first I denied it, afterwards I admitted that it was so—the quarrel continued, and then he shot me; all of a sudden I felt myself shot in the arm with a revolver; it was a present to his brother-in-law, and was kept in a drawer of a chest of drawers—I did not see my husband get it—I did not see him shoot me; the first thing was finding myself shot—I immediately went down to the landlady, who lived in the adjoining house; I do not remember any other shots being fired—I was taken to the Middlesex Hospital, and next day the ball was extracted.
Cross-examined. I came to England a few days after my husband; we have always remained in England—I went to France once for a few days; that was with my husband's consent—I came back in a week; he sent me the money to come back; that was in January last—we always lived on friendly terms—I could not understand English—my husband is a regular, good workman—he took no part in any political combination in this country; he suffered from worms—I did not give him any notice that I was going to stay out on the night; I stayed out because it pleased me—he had shown suspicions, and had remonstrated with me and quarrelled—the quarrels always took place on that account, not about the household; the quarrels were always made up—on the day in question I did use insulting language to him; he called me a bad woman—he had amused
himself with the revolver several times at St. Etienne, not in London—I am willing to go back to him—this night was the first that I had been absent from him.
ALBERT PALING . I am house surgeon at the Middlesex Hospital—Madame Ossedat was brought in on May 21st—she was suffering from a bullet wound in the right hand—the wound in the scalp was double, showing the entrance and exit of the bullet—it was about two inches above the right eye—there were black, discoloured powder marks on the right eyelid and over the right forehead, near the wound of entrance—I found no bullet in the head—we submitted the hand to the X rays, and saw a bullet lodged in the bone of the first finger—the bone was broken and the tendon cut across by the passage of the bullet—I extracted the bullet the next day—she remained in the hospital three weeks.
GEORGE EDWARD KINDERSLEY . I am resident medical officer at the French Hospital, Shaftesbury Avenue—on May 21st the prisoner was brought there—I examined him; I found a wound in the roof of his mouth, about a quarter of an inch behind the front teeth, lacerated, roundish, and about as large as a threepenny-piece—I found the bullet—the wound was caused by a bullet entering—I was present when it was extracted—the prisoner was detained in the hospital a week.
ALEXANDER SUTHERLAND (Inspector, D.) On May 21st I went to the Middlesex Hospital—I saw the prisoner's wife—she was suffering from an injury to her head and right hand—I then went to 46, Howland Street—I entered the back room on the first floor, which was in great confusion—there were several patches of blood on the floor and on the stairs leading to the basement—on a bed in the room I found a flattened bullet, and on the floor three more of the same description, also an empty cartridge, a baize revolver case, also this five-chambered revolver, containing five empty cartridges—these are the bullets—I then went to the French Hospital—I told the prisoner, through an interpreter, I was a police officer, and that when he was well enough to leave the hospital he would be charged with attempting to murder his wife by shooting her, and also with attempting to commit suicide by shooting himself.
Cross-examined. I saw three bullet-holes in the ceiling, recently made—I did not get the bullet found in the woman from the doctor, nor attempt to fit it; this is not quite a toy revolver—these are the bullets—there were twelve untouched in a box on the table in the room.
THEODORE SOUDON . I am a hair-dresser, of 37, Charlotte Street—I speak French—on May 21st I went to the French Hospital with Inspector Sutherland, who asked me to repeat what he said to the prisoner (notes produced)—I had to tell the prisoner he would be charged with, attempting to murder his wife, and then attempting to commit suicide—he began to cry, and said, "My wife had been out all night, and when I came home at dinner time I asked her where she slept all night. She replied, 'That is not your business, it is mine'—upon that I took the revolver and shot at her, and I do not remember any more"—on the 28th I went to the Police-station, and read the charge to him—he said he did not intend to kill her.
Cross-examined. I had not seen him before—he was very much excited and upset.
The Prisoner's statement, which he handed in before the Magistrate in
French, was translated. It stated that he was married to the prosecutrix on June 3rd, 1894, at St. Etienne, Loire, and always lived honourably together; that they had known each oilier from earliest childhood, and the friendship he felt, for her only increased as time went on. A few months after the marriage lie was seized with a terrible attack of epilepsy, which occurred at intervals of six months, and when thin occurred he was suffering from one of those attacks, and knew not what he did.
GUILTY of unlawful wounding. He received an excellent character as a quiet, ioffensive man, and a respectable and reliable workman. There was a further indictment for unlawfully attempting to commit suicide, upon which no evidence was offered.— To enter into his own Recognizances to come up for judgment when called upon.
MR. NELSON Prosecuted.
DR. JAMES SCOTT Medical Officer of H.M. Prison, Holloway, stated that the prisoner's mind was not sufficiently strong to plead to the indictment, and the JURY so found. — To be detained until Her Majesty's pleasure be known.
NEW COURT.—Wednesday, June 3th, 1897.
Before Mr. Recorder.
MESSRS. H. AVORY and A. GILL Prosecuted, and MR. RAYMOND
ARTHUR BARNETT . I am London agent of the Dutch Margarine Company, 9, St. Mary Axe—I inserted this advertisement in the Grocer (For a traveller), and received this reply. (This was signed "H. Hirons," offering himself for the situation.) Hirons subsequently called on me; he described himself as an undischarged bankrupt, and gave me references, which I wrote down on a letter, and among them was J. Elenbrass, 509, Caledonian Road—I wrote there, and received this letter. (This was from Elenbrass, stating that he had known Hirons two years, and considered him honest and trustworthy.) Hirons called again, and I engaged him—he was not to collect money—he said that he had a knowledge of the trade, and could call on all the buyers in London—I told him I could not supply them, as he was an undischarged bankrupt—he said, "Then you can supply them to my wife," and after that two deliveries were made—I received this order for margarine, value £15 11s. 2d, to be consigned to Bishopsgate Station—I also received this order of November 19th. (This stated: "Kindly hold Hirons' order till you hear from me.") That was delivered at the address given as his wife's, and another letter stated: "Please send one sample order to Mr. Mason' and I supplied goods, value about £3—on December 2nd I received this letter: "Dear Sir,—I am sorry to say I have had an accident with my trap. I intended coming up to-morrow morning, but will come up in the afternoon"—that contained an order, and I supplied goods to Hirons, value
£10 5s.; £4 10s. of that was paid on account of salary, which I insisted on his handing back to me—he had arranged to pay £4 for the goods sent to his wife—I did not see him after January 1st—I called repeatedly at his house, 61, Waterloo Road, and Elenbrass opened the door—that must have been in the first days of January—I only asked if Hirons was at home, and a woman came.
Cross-examined. The terms were 30s. a week, or two and a-half commission; I knew he had other commissions—he sent up these orders when he was away.
WILLIAM FRANCIS MILLS . I am a provision dealer—on November 26th Hirons called on me and solicited an order for margarine—I agreed to take 1 cwt. as a sample, and a few days afterwards I received 2 cwt. from the Dutch Margarine Company—after getting the invoice I called at Hirons' house, at Leyton, and told him he had charged me 2s. per cwt. extra, and sent 2 cwt.—he told me to bring the other cwt. back—I took it to his house in Waterloo Road, and he gave me credit for £1 12s. for the 30s. and the overcharge—on December 24th he came and asked me to lend him some money; I said that I could not, but I would pay his bill, which I did.
Cross-examined. Everything was perfectly open.
CHARLES HARRISON . I am a grocer and provision merchant, of 530, Kingsland Road, Hackney—I gave Hirons an order for margarine, and paid him £10 5s., less discount—it was from the Dutch Margarine Company—I have not got the receipt.
Cross-examined. This was at the end of January—he owed me some money, and I wrote £5 off the account.
HENRY MARTIN . I am a carman to the Great Eastern Railway Company—on November 28th I took from Bishopsgate Station forty-six packages of margarine consigned by the Dutch Company—I delivered it at 7, Park Place, Leyton; a servant girl signed the delivery sheet—on December 9th I delivered 8 cwt. of margarine from Bishopsgate Street Station in Waterloo Road.
Cross-examined. I went for the rent every week, and saw Elenbrass nearly every time; about seventeen times.
JOSEPH MCKNIGHT . I am the London representative of Messrs. Prinzen and McGlubbich, of Holland, margarine manufacturers—I inserted an advertisement in the Daily Telegraph, and received this reply: In reference to your advertisement in the Daily Telegraph, I travel in North Essex and Hertfordshire, and shall be glad to call on you"—I wrote to him to call on me, and asked him for a reference—he verbally gave me one to T. Walton, of Park Place, Leyton, Essex, and said that he had been three years in their employ—I engaged him without applying for the reference, but he mentioned a gentleman we knew as a customer, and I came to the conclusion that he must be a straightforward man—I cautioned him that I wished to avoid making bad debts—we only expected a portion of his time—he told us that Walters considered him an example of straightforwardness—he wrote this order in my presence for
thirty-two tubs and twelve boxes of margarine; I think that was for Walton and Co.—I forwarded that to my principals in Holland—on March 19th I received a communication from the London, Chatham and Dover Railway Company, who bring our goods from Queenborough to London-those goods were never paid for—on April 3rd I received this order from 25, Stoke Newington Road: "Please supply to Mr. J. Smith, of Turnford, onecwt. best margarine"—the two orders are not in the same writing—I forwarded the order of Mr. Smith to my principals, and afterwards got a letter from the Great Eastern Railway, which I forwarded to Hirons. (This stated: "On the 10th instant we received four kegs of margarine; these are on hand at our Broxbourne Station.") He wrote: "In future I will send a bill-head"—that is his writing; it is signed "Henry Hirons"—he had not given me this order in his letter—I bad received a complaint from the Zealand Company that they were not able to deliver, and that letter G is the answer—on April 9th I got another order, from the Zealand Company that they were not able to deliver—I then received this notice, where the twenty-four tubs were lying, and asking me to apply for them—I was not paid for those—on May 15th I got letter M—I knew that Hirons was in charge. (This was signed "J. Walton," and asked for the bill and all correspondence to be sent.) I replied to 83, Finsbury Pavement: "Dear Sir,—If you have anything to say to us, please make application between ten a.m. and six p.m."—I went there; it was simply an old stable, a bogus affair; I made inquiries at another place, and found the name up, but no one there—all the goods were returned but one small order—that was the only order that was genuine—there was a very small piece of paper on the stable, with "J. Leyton" on it.
Cross-examined. The terms were, one month from the dates of the invoices—I said that I called to see Walton—I did not register the letter, but I sent a letter advising him not to pay Mr. Hirons, and all the letters came back.
HENRY FLOOD . I am a carman, and have been employed by Hirons—in March this year I went to the London, Chatham and Dover Railway, and Hirons gave me this order: "Please deliver twelve boxes of margarine addressed to us at 7, Park Place, Ley ton"—I got the goods, and took them to some stables at Stoke Newington—I do not know who occupied them; no name was up—I had been there once before—I did not see Elenbrass in regard to that delivery—on another date in April I received this letter from Elenbrass, went to Bagley's, hired a van, went to the City, to Elenbrass's office, and asked him for the order for the margarine; he went with me, and asked for the order, while I waited outside; I fetched the van, got the margarine, and delivered it at another stable in Arthur Road, Stoke Newington—it is signed "J. Smee and Co."; I do not know whose writing that is, and I went with Elenbrass in a van to Leyton Station, and received twenty-four tubs of margarine; Elenbrass went inside; I saw no order—I delivered some of the margarine to Mr. Jackson, and some at another shop.
Cross-examined. Elenbrass did not give me any orders, but he was not with me when I went to Fore Street—I do not know whether there is a Smith, of Turnford.
WILLIAM HENRY WILSON . I am a goods clerk at Broxbourne Station—on April 27th Elenbrass came and said, "Four kegs of margarine on hand?"—I said, "Yes"—he said, "I want them sent back to the chambers," and produced this letter, which had been sent by my railway about them—I gave him a consignment note; he filled it up in my presence, "Cases of margarine to be called for; special"—I had tried to deliver the goods to Smith, of Turnford.
Cross-examined. I was very busy; it was about five o'clock—I did not write down what he said—other people were about—I remember substantially what he said—I do not think we delivered any goods the same week to Smith—a postcard was sent because it was out of our delivery—there may have been a Smith.
GEORGE HARRY JOHNSON . I am goods delivery clerk at Westgate Station—I received the goods in invoice 2 in April, and Elenbrass called that afternoon and signed for them in our book (produced), "H. Hiron."
PAUL JOHN ELU . I am employed by the Zealand Steamship Company—I received four kegs and ten boxes of margarine to be sent to Smee and Co., of Hornsey—they were returned marked, "Address unknown"—on April 10th Hirons called and asked if we had the goods in the ware-house—I said, "Yes," and that they could not be delivered, as he had not been there—he produced a paper with the names and marks of the cases, and I gave him a delivery order, and he signed "Since and Co." in my presence—after that twenty-four tubs of margarine came, addressed to Tubbs and Co., Park Place, Leyton—they were sent on by the South-Eastern Railway.
Cross-examined. I am sure it was Elenbrass; I am sure I have not made a mistake—I did not take particular notice of him—it was about one o'clock—I was not in a hurry.
CHARLES ROBERT DUKRAN . I am booking and goods clerk at Leyton Station—on April 24th there were four tubs of margarine for 5, Park Place, Leyton; we tried to deliver them, but failed—Elenbrass came and asked if we had some margarine lying there; I said, "Yes;" he produced this delivery order, and I saw him sign it "Walton and Co."
Cross-examined. That was on April 29th, about three p.m.—I am positive he is the man; I had never seen him before, but I took particular notice of him.
JOSEPHINE STEPHEN MURPHY . I am Lady Superior at the Orphanage, Park Place, Leyton—on September 11th there was a stable in Park Place to let—Hirons took it at the yearly rent of £10—he said that it was for a company, and that he wanted it for samples—I do not know Walton and Co., of 7, Park Place—he did not pay any rent.
Cross-examined. I believe there was a horse there sometimes.
Cross-examined. I knew him some time before Christmas—I never saw him before Christmas—he was working in the garden.
Road—he gave me a cheque for the rent, and I gave him a sovereign out—the cheque has not been met.
CHARLES VARLEY . I am an estate agent, of 106, Newington Road—I let a flat to Hirons by agreement at £40 a year—he referred to J. Walton and Co., Park Place, Leyton—I wrote to them, and received this reply. (This stated that they had known Hirons for years; that he was quite, respectable, and they had no hesitation in recommending him.) I wrote this letter in answer—I know the address of John Campbell Rose; it is a stable—I found Hirons there; it had not been let to him; he told Mr. Davenport that I had given him the key.
Cross-examined. He took possession of the stable about March 24th—I think I remember seeing Elenbrass at the flat.
HERBERT JAMES JACKSON . I am a cheesemonger, of 100, Eccles Road—on April 11th Elenbrass called at my shop and said that he had some margarine very cheap—I said that I was full up—he showed me a card, and gave me the address, 25, Stoke Newington Road—he said, "I am selling it for a man who wants money to meet a bill"—I offered him 20s. per cwt., and bought 5 cwt. 1 qr. 4 lbs. at 22s.; I had no document for that—he afterwards brought some more. (The invoice was for £3 19s. 2d. and was signed by Elenbrass.) On May 7th or 8th he sold me some more, which he delivered at Bethnal Green, and signed this invoice for £1 13s.—there were several transactions of that kind.
Cross-examined. I gave 20s. and £1 0s. 6d.—a person can sometimes buy this material cheaper than at others—I had four or five transactions with Elenbrass; the first was on April 2nd this year—I saw him each time.
ALFRED WARD (Detective Sergeant, N). I arrested Elenbrass on May 18th—I read the warrant to him—he said, "I did not think I should be brought into this"—I found these documents on him, written by Hirons to his wife from the prison; also this: "I hereby authorise Mr. Elenbrass to take orders and receive money on my behalf.—H. HIRONS"—I have made inquiries, and find that there is no such person as Smith, of Cheshunt.
EDWARD NEW (Detective Sergeant, N). I arrested Hirons on the charge which he has been convicted of—I have examined the documents, which have been proved, and the book of the railway company, and have selected documents B, D, M, B, P, T, S, T 1, H 1, J 1, and L 1; they appear to be in the same writing.
The officer New stated that Hirons was bankrupt for upwards of £1,000 in 1892, and that several firms had been victimised to the amount of"£200, £30, £4 19s., £10 17s. 4d. and £3 11s. 6d., some of the orders being in Elenbrass's writing.
HIRONS— Five Years' Penal Servitude. ELENBRASS— Four Years' Penal Servitude ,
MR. GRAIN, for the Prosecution, offered no evidence.
NOT GUILTY .
THIRD COURT.—Wednesday, June 30th, 1897.
Before Mr. Common Serjeant.
The Prisoner having stated in the hearing of the JURY that he was guilty, they found that verdict. The parcel contained indecent books, which were stated to have been extensively circulated, and were now ordered to be destroyed.— Nine Months' Hard Labour.
The police were commended by the GRAND JURY for their admirable conduct in tracing the prisoner, in which the COURT concurred.
MESSRS. C. F. GILL and BODKIN Prosecuted, and MR. HORACE AVORY
RALPH GRIFFIN . I am Registrar of Designs and Trade Marks at the Patent Office, under the Patent Designs and Trade Marks Act, 1883 and 1886—we keep a register of all designs and trade marks of every description which can be used as trade marks—I cannot find the registration of the Oriental Toilet Company, of 87, Strand, nor any reference to the "A. D. Invisible Boot and Shoe Elevators," registered in that or any similar name.
Cross-examined. Ours is the only office of registry under the Act—only the design, not the circular, is registered.
Re-examined. The word "Registered," or its abbreviation, "Regd.," is used—the old form of stamp is extinct.
FREDERICK DRY . I am an india-rubber worker, of 36, Longshaw Street, Old Trafford, Manchester—in June, 1896, I saw this advertisement: "Are you little? If so, you are recommended to wear the A. D. Invisible Elevators, Registered. They will increase your height up to four inches. Detection is impossible. Inexpensive. Send stamp for particulars to the Oriental Toilet Company, F Department, 87, Strand, London"—I sent a penny stamp, and received this green circular. (This stated that they were registered, and were the only means of increasing the height without detection; insuring complete comfort in walking; guaranteed to give satisfaction, or money refunded; and oilier recommendations, the price, being only 3s. 9d. and 5s. 6d) I also received this white circular of testimonials—I read these circulars, and thought it was either a good thing or a very big swindle—I wanted to increase my height, and wrote for the full size, four inches, enclosing a postal order for three shillings and nine stamps—I got those two pieces of cork, which I put in my boots, following the directions—they appeared to increase my height about one-eighth of an inch—I kept them there for about sixty minutes—they threw my body forward, and gave me a pain in the back, and cramped my toes—the boots were these which I am wearing, a soft kid—they hurt my toes—I took them out—I wrote to the company, and asked for my money back, as they were not what they were represented to be—I got no reply—I wrote
again—I saw the case in the paper, and wrote to the police—when I parted with my money I believed the circular, and that the company was straightforward and honest.
Cross-examined. I threatened to expose and show the company up—that did not frighten them—after that I wrote a postcard; that was twelve months ago—I never tried to recover in the County Court—one statement that attracted my attention was that I could increase my height without fear of detection—I did not want to deceive everybody who came in contact with me—I do a little amateur acting—I wanted to look taller on the stage—I had not heard that actors use them, except from the circular—mine is a laced boot—the elevators made no difference to my success on the stage—the heels are an inch thick, but do not make you an inch taller, because they threw me forward and I required someone to hold me up—I did not care for more practice—I put them in my boots occasionally, but never went on the stage again with them'—I said at the Police-court they affected my spine, because they gave me a pain in my back—the pain lasted about half an hour—I did not consult a doctor, nor go to a hospital—I am all right now—I hope no permanent damage is done.
EMILY TURNER . I live at 17, Devonshire Road, Upper Holloway—I am married—in June, 1896, I saw in the Lady's Companion an advertisement of the A. D. Boot and Shoe Elevators—I sent a penny stamp to the Oriental Toilet Company, 87, Strand—I got back this green circular—I read it, and believed it—I have been deformed through an accident, and wanted to raise myself four inches under one foot, to equalise my height—I sent 3s. 9d. for a pair of elevators—I understood there were two prices—I received this type-written letter. (Stating that they were out of the lower priced elevator, and suggesting thai 1s. 9d. more should be sent for the superior article, or that the customer should wait till the difficulties, owing to the change of the manufacturer, should be met..) I wrote that I would have my money returned, as I could not pay the higher price—the next morning I got these 5s. 6d. elevators, with a letter—I noticed they were not the height, but only about an inch—I went to 87, Strand—on the door was "Professor Hall," and a notice that messages were to be left in the letter-box—I met a woman on the landing, and said I would wait—I did not see anybody else, nor write again—I expected a solid platform for the foot to rest on, and that it would be cheaper than my surgical boot, at 25s.—I believed, from the circular, that the elevator would raise my foot four inches—I had explained that in my letter.
Cross-examined. I think the circular suggests thai the elevators are for persons with one leg shorter than another—I did not see an advertisement of a similar firm at Cotton Street, North Shields—there is no platform, and the elevator only, goes half-way—I did not expect it to be four inches at the toe, because I could not get it in the boot, but I thought the boot would have to be altered—I consulted a boot-closer who lived in my house, and showed him the elevators, which he said were worth only 2 1/2 d., but my husband would not allow me to prosecute till about three weeks ago, after I had been communicated with from the Treasury.
Road, Leeds—in November last I saw an advertisement in Answers, commencing, "Are you little?" and referring to the Invisible Elevators—I sent a stamp to the Oriental Toilet Company for particulars, and got back the green circular—I had under my charge a girl who has one leg shorter than the other, and on reading the circular I believed the elevators would suit her, as it stated: "The feet rest on a solid platform as it were, which is a great support to the body, and prevents the ankles from at any time being turned under or sprained," and the girl's ankle was weak, and the boot turned over—I sent 3s. 9d., telling them it was for one leg—I received a letter that I might have to wait, unless I sent another 1s. 9d. for the superior kind—I believed the circular, but felt a little doubt when applied to for another 1s. 9d., but as I had sent 3s. 9d., I sent the 1s. 9d.—I got these two pieces of cork—I put them into the girl's boot—she could not walk—we had to hold her up—they were no use—I wrote in about December to say I required my money back, as they were not suitable for the purpose I required them—I got this reply. (Stating that the elevators gave general satisfaction, declining to return the money, but offering to send goods of the same value from the Company's Toilet List.) I read it, and felt disgusted—I did not order anything else—I did not get my money back—my husband wrote to Scotland Yard about it before the case was at Bow Street.
Cross-examined. The girl had had a stroke, and was not able to walk without support to her ankle—I believed the elevators were intended for persons with one leg shorter than another—the circular said it raised the foot, and I thought it might be used for one leg only—I did not expect her to be cured, but I thought she might be strengthened—she had not been in the hospital, but she had been attended by our own family doctor—she had worn an instrument—I use my own judgment in shopping, and see what I buy—I thought this was trade trickery.
Re-examined. I should not have bought the elevator if I had seen it.
RUTH BUTT . I am a housemaid at the Mansions Square, Bournemouth—in January last, in consequence of reading an advertisement in Home Notes, and wishing to raise my height four inches, I sent a penny stamp to the address stated, and got this green circular—seeing there were two qualities, I selected the elevators at 5s. 6d.—I believed the circular, and sent 5s. 6d.—not hearing for some days, I wrote; I also inquired at the Post-office—eventually I got these, which I put in my boots—they hurt my ankles and toes, and I could not do up my shoe—I only kept them in five or ten minutes—they pushed my toes forward, and I felt like falling over—I told my master, who wrote to the Oriental Toilet Company—I saw this reply. (This was marked "Strictly Confidential," and stated that they could not meet the complaint except on terms which had been sent, that they sold hundreds, and received testimonials proving that the elevators gave satisfaction, and offering to send goods from the Toilet List on receiving six stamps to cover expenses.) I did not send six stamps, nor get my money back—I have never been able to use the elevators—I sent 5s. 6d. because I thought I was going to be made taller by these things—I believed the circular that there were two qualities—I thought it was all genuine.
Cross-examined. I complained that I did not get four-inch elevators—the other girls in the house saw them—they are taller—the elevators did
not make me much taller—I could not keep my feet in them, because they were uncomfortable—I tried them about ten minutes—I knew I should never become accustomed to them—I have worn high heels—they are not uncomfortable—they do not make me look taller.
JAMES GRAHAM . I live at 169, Manór Place, Walworth—in March last, in consequence of reading in Sketchy Bits an advertisement of the "A. D. Boot and Shoe Elevators," I wrote to the Oriental Toilet Company, and received a green circular—I did nothing more till I received another circular, announcing a reduction of the 3s. 9d. quality to 2s., and the 5s. 6d. quality to 2s. 9d., when I sent 2s. 9d., stating that I wanted to raise my height two and a-half inches—I believed the circulars, and that the company was straightforward—when I got them I put them in my boots—they threw me over on my knees—my idea was my personal appearance—they hurt ine by throwing my toes forward in the boot, and making them very uncomfortable—I wore them a few minutes, and sent them back the next day, and asked for a return of my money—I got no money back, only a letter—after several letters passed, I went twice one day to 87, Strand—I saw a notice that letters left in the box would be promptly attended to—I knocked, and turned the handle of the door, but received no answer—I received this letter. (Offering toilet goods, and asking for 3d. to cover postage.)
Cross-examined. I am an assistant in a confectioner's shop—I believed the elevators would support my ankles—I believed there were two qualities—I saw the advertisement in several papers—I believe one was a North Shields paper—I read them about the same time—the elevators raised me one inch, but I wanted two and a-half inches.
STEPHEN GENT . I am a plumber and gasfitter, of Hattersley Street, Burnley, Lancashire—I replied to an advertisement in Answers, and got a circular—I read it, believed the statements in it, and, in consequence, sent 3s. 9d. to the Oriental Toilet-Company—I asked them to send three inches, unless they thought two inches would be more comfortable—I received the circular, asking for another 1s. 9d. for the better quality—I told them I would wait till the others were ready—I received a pair of elevators one inch thick—I tried them twice in my shoes, and found them very uncomfortable—they caused me pain in the back and across the feet—I complained to the company, and received the offer of other goods, but not the toilet list—seeing it was a toilet company, I asked them to send me a hand mirror for one of my daughters—I got a box of pills.
Cross-examined. I took two pills, and gave my daughter two—I sent for the elevators from curiosity, because I could not see how it could be accomplished in an ordinary pair of shoes—I noticed the statement that the height might be increased without fear of detection—I did not want to take anybody in by appearing taller than I was—I wore them in the street.
DAVID GEORGE PARKER . I live at Wootton Lodge, Ross, Hereford—I saw the advertisement of the "A. D. Elevators," wrote to the company, and got a circular—I waited, and got another referring to a reduction in the price, when I sent four shillings for two pairs—I got some pieces of cork, which I tried in my shoes and boots—they hurt my feet and made me lean forward—they had a little effect on my height, but not much—I
sent them back and asked for a return of the four shillings—I did not get it—I got some liver pills—I arn not aware of having any liver complaint or bad health, and I did not ask for them—I believed the circulars when I parted with my money, and that there were two qualities.
Cross-examined. I expected something of more value—I tried them for a quarter of an hour—I wanted to be taller, because I am an indoor servant—I never took proceedings to recover my money, nor proceeded in a Police-court.
Re-examined. I have no money to institute proceedings—I believed the elevators could be worn with comfort—I went by the circular.
ANNIE WELLS . I am a domestic servant at Buckland House, Camber-well—in April last I saw an advertisement, "Are you little?" and wrote to the company, and received a green circular—I then enclosed 3s. 9d. in stamps, and told them I wanted my height raised two and a-half inches—I got a letter from the company; they said that they had changed the manufacturer, and had only got those at 5s. 9d.—I did not send the difference, and a week or ten days afterwards I received a pair of elevators; I put them in my shoes, and they hurt my instep very much; I wore them two hours—I did not see any difference in my height, but there must have been—these are the actual ones (produced)—they are not so much as an inch in the thickest part—I did not write again.
Cross-examined. I never made a complaint that the company had swindled me, but I do now—ladies' shoes always have high heels, and they are not uncomfortable—with the heel in the middle of the foot, they do not hurt the ankles at all; these hurt me on my insteps; they made my shoes tighter on my insteps.
HERBERT CHAPMAN . I live at 52, St. Ann's Eoad, Walworth—I saw this advertisement, wrote to the Toilet Company, got this green circular, and sent an order asking for a pair of elevators—I got a letter, saying that the machinery had broken down, but if I sent 1s. 9d. more I should receive a superior pair—I received something made of cork, which certainly raised my height, but it hurt me, and I could not wear them next day—the calves of my legs hurt me, and it hurt my toes—I was not able to try them again—I did not write to the company.
Cross-examined. A detective came and asked me to give evidence, and I went to Bow Street—I had not made any complaint—I am a butcher, arid serve in the shop—I did not get a better price for my meat—I wore them on Saturday, and served in the shop till eleven p.m.—I did not tell anybody I had got them on, and never had them on again—I did feel about an inch taller when I was wearing them.
JOSEPH POPE . I am a cork manufacturer, of Bethnal Green Road—before January, 1896, I worked for the Oriental Toilet Company, Strand, and made these elevators—I supplied two or three gross every month to Cooper, Lloyd and Co., of Westminster Bridge Road—the greatest thickness was 21/2 inches—the plain ones were 2s. 10d. a dozen, and the covered 34s. a gross of pairs—the 21/2 inch ones were made by putting two pieces together—if you put a dozen together that would increase the height—there is a difference in quality, but they are all the same price.
Cross-examined. I have been supplying them to the Oriental Toilet Company since 1895—they carried on business at 87, Strand, on the
fourth floor, at first—I sent the elevators there, but saw no advertisement till lately—they moved to Westminster Bridge Road, on the first floor—I have been there—I was paid regularly for what I supplied—it is a fact that some time after I commenced I was delayed for three or four days; I had an old boiler, and the gauge broke—I supplied two qualities at first, the covered and the plain; I charged more for the covered ones, but lately I have only supplied the covered ones, and at the higher price—I supply two firms, Mr. Levy, of the Strand, and Hamshore and Co., of Golden Lane, and other customers come and take a few dozen at a time—I supply one firm with three gross of pairs a week.
By the COURT. I knew the purpose they were used for, but the thin ones are sometimes used when boots are too small—I believe Levy trades as Newby and Co.; he also uses the name of "Le Pedicure"—I have been six oirseven years making these things.
ROBERT CHARLES CROMPTON . I am caretaker at 87, Strand—the defendant has occupied rooms on the fourth floor since 1896—the name on the door is Mr. Poynter; that is the defendant—he went up from the fourth to the fifth floor—people came there to see Mr. Campbell's place—no one was there in regular attendance day by day; customers called there, and went away.
Cross-examined. There was a notice up that anybody who came should leave a notice in the letter-box, and they would be attended to—I have known the prisoner carrying on business there for some years; he always paid his rent regularly—before he moved to 156, Westminster Bridge Rood, there were four or five lady clerks and one lad employed on the fourth floor—after he left this notice was put up—somebody came from Westminster Bridge Road every day to collect the letters—the rent of the fourth floor was £80 a year—before he left he inquired the rent of a larger office in the same building, but the rent was too high.
WILLIAM GILBERT . I live at 187, Wellington Street, Kennington Park—I was porter to the defendant, and went to 87, Strand—I had a key of the door, and took the letters and papers from the letter-box—the rooms were empty—I did so up to the prisoner's arrest—I had nothing to do with the elevators.
Cross-examined. I have seen the advertisements; they were all printed with that address on them—if anybody left a complaint, it was handed on—the letters were handed to Miss Smith, the managing clerk.
CHARLOTTE SMITH . I live at 41, Bradford Road, Brockley—I went into the prisoner's employment in June, 1893, and remained till his arrest—he then kept the Universal Agency, 87, Strand, which went on, I think, till 1895—other persons were in the employment—when that ceased, "Oriental Toilet Company" was put up—I did not know him as Cooper, Lloyd and Co. till we were at Westminster Bridge Road—the Toilet Company was carried on in a room at 87, Strand—the business consisted of the things mentioned in this pamphlet—the elevator business commenced at the same time—when an advertisement was answered one of these circulars was sent, and a stock letter was sent, asking them to make up the additional 1s. 9d.—the red covered ones were always sent, whether the 3s. 9d. or 5s. 6d. were asked for, and when they were not accepted a letter was written, offering something else, and if they did not take some of the toilet requisites no notice was taken, and they kept the
elevators—twelve female clerks were kept—the letters were brought there, and letters were sent from there, but addressed from the Strand—this lithographed letter was sent out—if no notice was taken the elevators were sent—besides the green and the red circulars, there was a white-printed slip of copies of testimouals—I did not see a barrister from the Temple, or Mrs. Blank.
Cross-examined. This paper is from Mr. Stephens, of Larkhall Lane—I do not know him; he writes his appreciation of them, and I can say that it was quite spontaneous on his part—we have received numerous testimonials from persons who have bought the elevators—I saw a whole bundle of testimonials, which were seized by the police, and I do not think those are all of them—I filed them as they came; they began with January, 1896; people also occasionally give a repeat order for the elevators—some people have ordered them three or four times—there are over a hundred repeat orders in the book—every sum received and every article sent out is entered in the books—fifteen clerks were kept at Westminster Bridge Road, counting the boy, and the business was increasing—the prisoner at one time said that he thought of giving up advertising, as the profit was so small, but I told him that the sale was improving, and pressed him not to give it up—he has regularly paid all his trade liabilities, including the staff and his rent—the maker has not been able of late to supply any of the plain elevators, and they have not been in stock—people got them twice the thickness when they wanted them higher, and the prisoner had to pay higher prices for them—detectives have called on me on one or two occasions to tell me that persons had not received the goods, and if it turned out to be an accident it wus remedied—I found that the care-taker had been embezzling some of the postal orders—the police never complained of anything illegal—after we moved to Westminster Bridge Road, some goods were left at the Strand, and the caretaker had the selling of them—here is a letter enclosing money from 278, Stamford Street, which says, "The last pair have given satisfaction"; and another says, "I am much pleased with the elevators; I will have another pair of the same. C. CUNNINGHAM"—another says, "I am very pleased with the elevators, but find they are too narrow; will you change them for another pair?"—another, from Birmingham, says, "The elevators I am very much pleased with, and want you to send another pair"—there are other letters, all of the same character—other people are advertising and selling these elevators in different parts of the country—if any complaints came I attended to them, without consulting the prisoner.
Re-examined. The business was carried on with proper care, and complete records kept for, perhaps, two months; they were then destroyed—I do not know when any money was refunded—I never saw the testimonial from the gentleman in the Middle Temple—I know Lady G.
CLARA LUCY HUNT I live at 13, Gibbon Road, Nunhead, and was the prisoner's clerk at Westminster Bridge Road up to the time of his arrest—my duty was to pack up the elevators and toilet articles—I got the elevators from a shelf in the office; there was only one kind—they had all got the red stuff on them, and were one inch, two and a quarter, and two and a-half inches thick—I packed up about a dozen and a-half a day, and sent them off.
WILLIAM CROPTON (Police Sergeant.) I went with Inspector Leach and Sergeant Gough, when the prisoner was arrested at Westminster Bridge Road, and found a number of elevators and books, papers, toilet requisites, and a large number of these type-written letters in one bundle—there were a great many letters stating, "We cannot meet you in the matter except by sending you other goods"—there were many of these circulars in red ink—I found twelve letters of complaint; some I have brought, and some have been put in—none of them are from any witness who has been called to-day; they are additional—I found a book marked outside, "Ledger"; that shows the receipt of about £600 for elevators from May to August, 1887—I examined the elevators; they are not quite an inch high; they were all covered with red paper.
Cross-examined. I have gone through the books; they are regularly kept—every witness who has been called I have a record of in the books—I saw this white paper of testimonials, and saw Mr. Stephens, who told me he was paid, to write one—I did not find from him that he wrote it spontaneously—I do not swear that he told me that his first testimonial was written expressing his approval, and that the company said that if he was put to trouble they were ready to reimburse him—he was wearing the elevators—I went to get the facts—I was with the inspector when he was arrested, and he read the warrant to him—he said, "May I be allowed to consult my solicitor, and to refer to these testimonials?" pointing to a drawer; the inspector told him that he could consult his solicitor, but could not send away the testimonials—he offered us every facility.
Re-examined. He said that he lived at an hotel in winter, and else-where in summer—I invited Mr. Stephens to tell me in what way he approached the business; he said that he saw the advertisement, and, being an undertaker, it was very difficult for him to be one of four men carrying a coffin, and that for every letter he wrote he was to receive sixpence, and he had answered three.
MR. AVORY submitted that there was no case to go to the JURY, as there was a genuine business carried on, and next, that although half-a-dozen people considered the elevators uncomfortable; that was not enough. It was stated that they were capable of raising the wearer four inches, which it was clear that they were, and contended that all that had taken place was exaggeration.
The COMMON SERJEANT concurred, and directed a verdict of
NOT GUILTY .
OLD COURT.—Thursday and Friday, July 1st and 2nd, 1897.
Before Mr. Justice Hawkins.
462. ROBERT GIBBS (24) and FREDERICK EMERY (24) PLEADED GUILTY to feloniously breaking and entering the dwelling-house of Henry Ashbury, and stealing three watches and other articles, his property; also to three other indictments for housebreaking and larceny therein, and to previous convictions of felony.— Five Years' Penal Servitude. There was another indictment for shooting at Charles Hughes, which was not proceeded with.
MESSRS. CHARLES MATHEWS, HORACE AVORY, GUY STEPHENSON, and HEWETT Prosecuted, and MR. HUTTON Defended.
Thomas Allwright (Detective, Y) produced and proved plans of the cabin, and William Greenwood (272 M) proved a model of the cabin in which the occurrence took place.
FRANK BAKER . I was captain of the Illovo, a British ship—we left for South Africa on February 27th this year—before sailing I engaged the prisoner as a pantry-boy—I could not say his age; it is on the articles—Henry Halliday was engaged as third steward—I think he was nineteen or twenty—neither of them had served under me before—I think the prisoner had not been to sea before; he produced no discharges—Halliday did; he had been to sea before—we left South Africa from Port Natal on April 17th last, on our return journey, having taken on board some passengers and cargo—among the cargo were some cases belonging to Captain Lucas, of Durban, which were stowed in the aft between decks to bring home—Halliday and the prisoner were berthed together in a section of the aft between decks, as a temporary cabin; this model accurately represents it, and shows the way in which their hammocks were lashed—this photograph represents the cabin, as taken from the deck, looking for'ard—up to May 2nd I had not heard of any disagreement between Halliday and the prisoner—luncheon was served that day at one o'clock—after luncheon I was off duty, in my cabin—about four it was the practice to have tea; it was brought in, but not by Halliday or the prisoner—after tea I went on deck; that was about two minutes past four—I went and stood just on the corner of the hatch, aft the cabin; Mr. Joy, a passenger, was standing talking with me, and while standing there I heard a shot from the hatch; I had been standing there about three minutes—I was about eight paces from the hatch; the weather was fine at the time—I had not heard anything from the hatch before the shot; no sound or movement of any kind; of course, there is always a little noise on board—immediately on hearing the shot I went to the hatch, and looked down; the hatch was off, so that I could see down—I smelt powder and smoke after I had looked down about a second—I did not see any smoke—the part I looked down was, as nearly as possible, over the head of Halliday's hammock—as I looked down, I saw the prisoner getting into his own hammock—I said, "What are you boys doing?"—I got no answer—I did not see Halliday; I could have seen, but I did not look at him—I then jumped down—while I was getting down,. I saw the prisoner fall out of his hammock; I went over toward him, and got hold of him, and pulled off some of his clothing—I found no injury upon him; while searching him I said, "What have you been doing?"—his reply was, "He told me to do it"—at that time he was lying on his back on the floor, throwing his arms about, more or less—I then turned round and looked towards Halliday's hammock—before that I had not seen what had happened to him; I then saw that blood was flowing from his right temple—he was lying, as I first thought, asleep, not on his back, more on his right side, somewhat facing the prisoner's hammock—he was sensible and peaceable, as if asleep—I then went on deck, and called the doctor, Mr. Ross, and he and one of the passengers, and Mr. Co well, the mess-room
steward, came below to the cabin—I took off another hatch, and then saw this revolver and this box of cartridges lying in the prisoner's hammock; they were not covered up, just lying—Mr. Cowell handed them up to me—one of the officers threw some of the cartridges over—I examined the revolver in my cabin—I found one exploded cartridge, the other chambers were empty—I then came back, and found that Halliday was dead—the prisoner was still down in the hold, sitting on the deck; he was not doing anything, so far as I saw—I ordered him to be brought up on deck at once—I only had just a glance at him; he was quiet—he said nothing to me—brandy was offered to him—he dashed it away, smashing the glass—I ordered him to be put in a cabin by himself, and he was handed over to the British Consul at Las Palmas—Halliday was buried at sea at six in the morning of May 3rd; that was part of my duty under the Merchant Shipping Act—this is the official log-book—it was necessary for me to take a statement from the prisoner, and about ten o'clock on May 3rd I went into the room where the prisoner was, with the chief officer and Mr. Ross, and I told the prisoner I wanted him to give me a statement of what had happened in the cabin the previous day; I told him to tell me the truth, as the statement would be entered in the official log, which would be handed over to the authorities dn our arrival—I don't know whether I said anything about evidence or not; most likely I did—I told him that anything that goes into the official log is taken as evidence—he then made a statement; it was partly in his own words, and partly in answer to questions put to him, some by me, and some by Mr. Ross—Mr. Ross wrote it down—I then went into my cabin, and copied it into the log—I then went back to the prisoner, with Mr. Ross and the chief officer, and read over to him the statement I had written in the log-book, and Tasked him if he had anything further to say—he said, "No." (It was proposed to put in and read the entry in the log. MR. HUTTON objected to this, first, on the ground that the prisoner was really in custody at the time; and, secondly, because it could not be said to be a voluntary statement, as it was obtained by questions put to him both by the captain and Mr. Ross. MR. JUSTICE HAWKINS was of opinion, under these circumstances, that the entry in the log could not be received as evidence.) As the result of my inquiry, I took the prisoner into custody; he was in custody before the statement was made—before we got to Las Palmas this cap was given to me by one of the officers; it had a hole in it, on the right side of the head; there was no burning in it—this is Halliday's hammock; there was a tear or hole in it at the top edge—on May 18th we arrived at the London Dock, and I handed over the prisoner, with the hammock and the cap, to Inspector Froest—he was handed over to me at Las Palmas by a British officer as a prisoner, to bring home—I handed over the revolver and the cartridges—this book (produced) was handed to me by the doctor or one of the officers, and I handed it over to Inspector Froest. (This was said to be found on the deceased.) About May 4th, in consequence of a report made to me, I went down to the cabin again, and looked at Captain Lucas's box; the lid of it was open; I looked inside, it was in good order; I took nothing out of it; I left it just as it was.
Cross-examined. It was in a separate part of the hold from the cabin; just outside it—you could get to it by forcing your way through the
canvas—I had never known the prisoner before—I was kind to him; I gave him some articles of clothing to keep him clean—I always found him peaceful and obliging—as far as I know, there was no disagreement between him and Halliday—I did not hear anything between them about some dirty water; neither of them made any complaint to me about it—he did not say anything to me about suffering from heat in going out—it was fairly warm on this day—two hatches had been placed on at night on account of the rain—when the prisoner was taken on deck he was placed in irons—he was in irons when he made his statement—the revolver I saw was in his hammock, perfectly open—I did not notice that he had been drinking when I spoke to him—when he was asked by the Consul if this was his statement, he said it was not—he said he did not understand it—when he made the statement I don't think he knew that Halliday was dead.
Re-examined. When I first got to the top of the hatch, it was open just over where Halliday was lying.
DAVID ROSS . I live at 10, Roslyn Terrace, Aberdeen—I am a master of surgery there—I was surgeon on board the Illovo, on her voyage from London to the Cape and back, in the spring of the present year—on Sunday, May 2nd, between three and four, I was sitting on deck aft, near the stern—I knew Halliday; he had brought the tea to me a few minutes before, and he then went away—shortly after that I heard a shot, and the captain called to me from the front part of the hatch—he spoke to me, and I went and fetched my instruments and case of dressings, and went down to the cabin—I there saw Halliday; he was lying in his hammock on his back, on the starboard side, with his head towards the fore part of the vessel, looking towards his right hand, towards the hammock on the port side—the expression of his features was quite peaceful—he was lying on his back, slightly inclined towards the right side—his right arm was lying by his right side, and his right hand was lying on the lower part of his abdomen, touching this book; his four fingers were resting on the top of the book; his left arm and hand were lying loosely along his left side in the hammock; his right hand was also hanging loosely in the hammock; he was quite unconscious, and breathing very heavily; he had a wound on the right side of his head, about an inch in front and about an inch below the middle of the head, on the right side—there was blood coming from it—there was clotted blood on the hair—he was then dying—I could do absolutely nothing; it was only a matter of a few minutes—his clothes were not disarranged in any way; they were in perfect order until I removed them—he had on a white shirt, a white collar, blue trousers, white canvas shoes, a black bow, which was still tied; his collar was also in position—there was nothing to indicate that any struggle had taken place—he died in about a quarter of an hour after I first got down into the cabin, without having regained consciousness—after his death his hammock was cut down, with the body in it, and laid on the floor of the cabin—the appearance of the body altogether indicated that the effect of the shot must have been instantaneous; consciousness must have gone immediately on receiving the wound—I washed the blood off his hair and face, and made an accurate examination of the wound—there was a good deal of blood in the hair, and a considerable quantity had come from the
right side of the head on to the hammock—the wound was a round, irregular wound, which admitted the top of the index finger, about a quarter of an inch in diameter—I did not find the bullet—there was no burning round the wound—the cause of death was shock, due to a gunshot wound—the immediate cause of the wound would be unconsciousness—I examined the hammock before it was cut down—I found a hole about an inch and a-half from the top on the right, at the top edge of the canvas, on the right side; there was a slight blackening round it—I saw Halliday lying in his hammock; the rent in the hammock would be just opposite the wound in the head—I picked up this cap on the between deck two days afterwards; I don't know where it was on the Sunday—there were marks of blood upon it—when I went down the prisoner was lying on the floor, on his back, between the two hammocks, his arms and legs fully extended—he did not understand any questions put to him—I asked him what was the matter, and told him to wake up; he was quite dazed: he made no answer, and did nothing; he looked startled and stupid when addressed; he was moving his arms and legs—he was brought on deck, and I offered him some brandy in a glass; he dashed it out of my hand forcibly, and it smashed—I then got some ammonia, and made him smell it; I then made him take some brandy, and he quieted down—he was not the worse for liquor, in my opinion—next morning, the 3rd, I went with the captain into the room where the prisoner was—I have heard the captain's evidence as to what he said to the prisoner; that is quite correct—the prisoner made a statement; I took down what he said; he was then perfectly rational; he understood everything that was going on—I have here the notes that I made. (MR. JUSTICE HAWKINS was of opinion that this might, be accepted as legitimate evidence.) The captain, the chief mate, and myself were there—the captain said, "We have come to find out what you know about yesterday's occurrence," and that anything he said might be used against him afterwards—the prisoner said he quite understood the purport of the caution—the captain began by asking the prisoner where he had been before the accident occurred—this is my original note; I have no note of the question: "The prisoner said he finished his work in the pantry at three p.m., and went forward to the galley, and sat there with the assistant-cook, Miller, with whom he remained about half an hour. On leaving him he went aft to his quarters, and when he got below he found a revolver and a box of cartridges lying in his hammock. After he had been down a short time the deceased came down to his hammock. The prisoner asked what these were doing in his hammock, referring to a revolver and cartridges in the prisoner's hammock. The deceased replied, 'Never you mind, they are mine; give it to me,' meaning the revolver. The prisoner handed the revolver to the deceased, and told him he would go up and inform the captain. When he was going up the deceased pointed the revolver at him. He told him to lower the revolver, and he would not, so he rushed at him, and got hold of his left hand, in which the revolver was, a book being in his right hand; a scuffle ensued, during which the revolver went off. The prisoner said he did not know who fired the revolver. The revolver fell on the floor on the deceased's left-hand side, when the pantry boy (the prisoner) picked it up and laid it on his own hammock along with the cartridges, which had been there all the time. When he looked
at the deceased he saw blood on his head, but he was not sure of the exact place, and, owing to feeling giddy and dazed, he had tried to get into his hammock, but was unaware whether he got in or not. He remembered nothing afterwards. He described what happened before the accident. He said he had had no lunch, but had a bottle of stout about two p.m., as he did not feel inclined to eat. Soon after drinking the stout he drank about a quartern of whisky with a little water, and after drinking it he poured out about half a quartern of whisky, and the deceased drank it. The whisky was stolen from, and drank in, the chief steward's room. After drinking the whisky he went on with his work till three p.m. The deceased went on deck"—I have not got that down, but I remember Captain Baker asking him as to his remembering having said something—I could not say at what period of the conversation that question was put—the captain asked him if he remembered telling him that he told him to do it—the boy said he remembered nothing that happened from the time that he attempted to get into his hammock—In my opinion, from what I saw, the wound could not have been inflicted by Halliday if he retained the revolver in his left hand; I think it was fired in a line from Halliday's head from the other side of the space where the hammocks were hung (the witness marked the spot on the model)—the boy's head was lying in the hammock, turned to the right, in that direction—you cannot trace the track of a bullet after it strikes the brain substance, but I think it went straight on, and struck the hammock; the hammocks were slung fore and aft; there was no mark of burning on the cap; the prisoner was under my care all the way home after the accident; his manner was rational; he never said anything about it; he was not asked.
Cross-examined. The prisoner said he had got hold of the deceased's left hand, in which the revolver was, with his own left hand, and with his right hand he grasped the deceased's right shoulder—that does not appear in the original note; I got a note of that about an hour afterwards, when I transcribed them—I made the notes on the spot, as he came down and wrote that afterwards—when the prisoner was lying under his hammock he was moving his arms and legs about—the mess-room steward and second officer were there when I got down—I examined the deceased before I examined the prisoner—I told the prisoner to wake up, or some such remark—he looked dazed—he continued to move his arms and legs about as he lay not quite under the hammock—I ordered his removal on deck, and remained with him there—he was more violent—he appeared to be recovering from hysterics, which come on by sudden emotion as a rule—the discovery of a calamity would do it—on deck he did not appear to realise what had taken place, or recognise people for perhaps five minutes afterwards—at the Police-court I was asked how I accounted for the curious condition in which the prisoner was directly after the shot was fired—I replied that when he realised what had happened he went into a hysterical fit—he was dressed in a flannel shirt, pants, and shoes.
ALFRED THOMAS WARREN . I was chief steward of the Illovo—on Sunday, May 2nd, as she was making her homeward voyage from Natal to England, we had a third steward, Halliday, and a pantry boy, the prisoner—Halliday was nineteen years old, and the prisoner eighteen—about ten
a.m. I found some water had been thrown down the pantry sink—knowing these boys had been employed in the pantry, when they were together, I said, "Which of you has thrown this dirty water down the sink?"—Halliday said it was Wootton—Wootton said Halliday did it—that went on for a minute or two, when Halliday said, "Go on; I don't want any truck with you; you are only a boy," and made a gesture with his arm—the prisoner said, "Well, if he is only a boy he is good enough for you"—I told them to leave off quarrelling, be good friends, and get about their business—they went about their duties—the prisoner would finish his work in the pantry about eleven—he would then have an hour off, and might go to his berth and remain there—he returned to get the luncheon ready at twelve—Halliday also then started work—at two p.m. I gave the prisoner a half-bottle of stout—he had cut some luncheon, and was going to sit down to eat, being in the act of opening the stout as I left—his duties were to wash up the luncheon things, and then he would be free till five p.m.—Halliday was there, and I gave him the same—I opened Holiday's stout—I left them in the pantry, three or four minutes past two—I went forward on deck, sat down, and had a smoke, and returned at three or four minutes past four—the second steward and Halliday had just finished serving the four o'clock tea to the passengers who required it—I went to the pantry; I found everything had been washed up except the tea-things, which had just been used; the pantry was quite clean and tidy—Halliday's habit was to go to sleep or lie in his hammock, read a book, or have a smoke, but not smoke between decks—a few minutes after four I heard the report of a shot—I heird the captain call out immediately after that—I went towards the report, and to where the captain called; not to this temporary cabin; I stood on deck—looking down, I saw Halliday lying in a hammock, and the prisoner lying on his back, almost under his own hammock—I saw the prisoner brought up, and the captain asked him something about drink—the doctor said, "Where did you get the drink from?"—the prisoner rested his eyes on me and said, "Steward"—I said, "Did I give you any whisky?"—he said, "No; I took it out of your room"—that was about ten minutes after the prisoner was brought on deck—after that I went down to my own room to see if I had missed any whisky—I missed about a third of a bottle, about two quarterns—they knew where I kept it—Halliday, not the prisoner, had power to sell to the passengers—I had never seen a revolver in their possession—Halliday had his cap off when I left him and the prisoner in the pantry—he generally hung it over the pantry doorway—he would have to come along the deck to go aft.
Cross-examined. The prisoner was peaceable and good-tempered—he appeared friendly with the deceased—I never saw the prisoner in that condition before—he was carried on deck; I helped to lift him—he was dazed; I do not think he could talk—the day was hot, about 80 degrees in the shade.
Re-examined. Halliday was a right-handed man—I do not think Halliday had a cap on in his bunk, I would not like to say.
JOSEPH BALDWIN MILLER . I was assistant cook on board the Illovo—I knew the prisoner and the deceased—I remember on Sunday, May 2nd, preparing potatoes for the log dinner between the galley and the after-hold—the prisoner came to me about four p.m.—he
stayed talking ten minutes or a quarter of an hour—there was nothing strange about him—when he left he went aft in the direction of where his hammock was—about three minutes after that I heard a shot fired—I was sitting about three or four paces from the after-hold—when I got there one hatch was off—I had heard no voices or quarrelling—for the moment I took no notice of the report until I saw the captain standing near the coverings of the hatch—he beckoned me, and I went to him and down into the hold—my eyes fell on Halliday in the hammock—the mess-room steward was down there when I got there, and the second cook—I saw a cap lying close to the right side of Halliday's head in the hammock—I gave my attention first to the deceased—I saw the prisoner lying on the floor, under the hammock—I took the deceased's right arm, and felt his pulse—the doctor came down some time after—I took the hammock down, according to the doctor's orders—I helped to take the prisoner up on deck—he seemed to be recovering from a fit—we handed him up the hatch—I followed, and stayed with him—when the prisoner was talking to me there was no indication of drunkenness—I had not seen a revolver in the prisoner's or Halliday's possession during the voyage.
Cross-examined. The prisoner leaned against the rail of the ship when he talked to me—it would not be possible for a conversation to take place in the hold without my hearing it, unless it was in a very low voice—our ship is a steamer, and the engines were going at the time—when I felt the deceased's pulse, with my right hand, there were standing round the mess-room steward, the second cook and the second mate.
DR. ROSS (Re-called by the COURT). I have no recollection of seeing the cap lying in the hammock—I said in my deposition, "On the right side of his head, about an inch in front, and below the centre point of the head, was a wound. There was blood coming from it, and a tiny shred of brain matter. He was dying"—That does not enable me to say whether there was a cap on his head at the time—there was no cap on that part of his head.
JOSEPH BALDWIN MILLER (Cross-examination continued). I remember saying to the prisoner when I was down in the cabin, "Come on," and his reply, "What is all this about?"—I told him to get up—I said, "Come on, get up out of this," and that was his reply, or "What is it all about?" or words to that effect—I made no response.
JOHN GEORGE CARROLL . I was engineer's steward on board the Illovo—I went into the cabin after the captain—I heard the captain speak to the prisoner, and the prisoner say, "He asked me to do it"—that was after I raised him from under his hammock—I saw the revolver and cartridges in the prisoner's hammock, and a part of a paper that had been emptied—I gave them to the captain—others were thrown over-board.
GOULD ARTHUR LUCAS . I am a retired captain of the Army, and Chief Magistrate at Durban—on April 18th last I addressed a wooden case to myself in London, and left it at my agent's at Natal, who sent it by the Illovo—the revolver and cartridges produced were in the case—several days after the Illovo arrived in London I went on board to claim my luggage—I saw the case was opened—the revolver and cartridges were not in it—I afterwards saw them in the possession of the police.
FRANK FROEST (Detective Inspector, Scotland Yard). On May 18th I went on board the Illovo on her arrival in the Thames—the captain showed me an entry in the log-book, which I read—I went to the prisoner, and told him I was a police officer of Scotland Yard, and I read him the captain's entry in the log, and said, "Have you quite understood all I have read to you?"—he said, "Yes"—I then said, "I shall charge you with having killed Halliday with a pistol"—he said, "All right"—he was taken to the Police-station by Superintendent Allen, and charged—when the charge was read over to him he made no reply—I produce the cap, revolver, cartridges, hammock and log-book, which I received from the ship—the cap has such a hole through it as would be caused by a bullet, and a slight indication of grease by the edge of the hole, also some blood-stains on it outside—on June 14th I made experiments with a similar revolver and cartridges and cap, to determine the distance at which the hole was made, firing at a foot distance; the hole was through the cap, and a large portion of the nap of the cap was burnt off, and the lining inside slightly scorched; at five feet there was a hole almost identical with that made in the cap found between decks, said to belong to Halliday—there was no scorching and no burning—I afterwards, with a similar revolver and cartridges, made experiments of firing on canvas similar the hammock; at six inches a hole was made through the canvas, which was blackened and scorched; it was really alight; at a foot the hole was through the canvas, and the canvas was blackened with powder, and was set alight; at three feet there was a hole, and several powder specks; at five feet a hole was through the canvas, and a few black powder specks round the hole, a little distance from each other—I was present, and heard Captain Baker's evidence at the Police-court—at its conclusion the Magistrate, Mr. Mead, asked the prisoner if he wished to put any question to the captain—I did not make any memorandum of it—the prisoner's answer was, "No, sir; but I have a statement here I wish to go in"—he handed it up to the Magistrate, who said, "Do you wish me to read it?"—the prisoner said, "Yes"—then the Magistrate, after looking at it, said, "You had better not," and returned it to the prisoner. (The statement was not produced.)
Cross-examined. The cap and canvas experimented on are new—the hammock is comparatively old—it had been washed—the canvas was suspended over bags of paper fairly tight.
The COURT having adjourned for the night, on the following morning MR. HUTTON announced that the prisoner had expressed a desire to PLEAD GUILTY to manslaughter. MR. MATHEWS, with his Lordship's sanction, accepted that plea. The prisoner then stated publicly his wish to do this. The JURY returned a verdict of GUILTY of Manslaughter, adding a strong recommendation to mercy. — Three Years' Penal Servitude. An acquittal was taken as to the charge of murder.
NEW COURT.—Thursday, July 1st, 1897.
Before Mr. Recorder.
465. WILLIAM MARTIN BAKER (50), JAMES LANGFORD (54), JOHN BAKER (64), and ALFRED WINTERBOURNE TYLER (52), Conspiring to defraud Mary Campbell Moore and others, and to prevent the due course of justice, to which
WILLIAM M. BAKER and LANGFORD PLEADED GUILTY .
MR. C. MATHEWS and MR. BODKIN Prosecuted; MR. KEMP, Q.C., and MR. WYLDE appeared for W.M. Baker, MR. LE BRETON for John Baker, and MR. BYRON for Tyler.
MR. MATHEWS liaving opened the case to the JURY, John Baker and Tyler stated that they also were guilty, upon which the JURY found them GUILTY . Langford received a good character. W. M. Baker also PLEADED GUILTY to six other indictments for conspiracy, and for converting to his own use £1,300, with which he had been entrusted as an agent, and to obtaining money by false pretences.
W. M. BAKER— Seven Years' Penal Servitude, and, to follow that sentence, Three Years' on the false pretences indictment , and Nine Months' Hard Labour for attempting to pervert the ends of justice, to run concurrent with the former sentences.
JOHN BAKER— Nine Months' Hard Labour.
LANGFORD— Twelve Months' Hard Labour.
TYLER— Twenty Months' Hard Labour.
THIRD COURT.—Thursday, July 1st, 1897.
Before Mr. Common Serjeant.
466. THOMAS PHILIP BRYANT (32) PLEADED GUILTY to three indictments for forging and uttering orders for the payment of £500 and other sums. The total amount of forged cheques was £1,720, the defalcations discovered being £2,000.— Twelve Months' Hard Labour.
OLD COURT.—Friday, July 2nd, 1897.
Before Mr. Justice Hawkins.
467. ANDREW GRANT (33), HERBERT COULTON (36), and ARCHIBALD EDWARD THORPE (22) PLEADED GUILTY to several indictments for feloniously accusing and threatening to accuse Joseph Stanley Matheson of an abominable crime, and thereby obtaining from him various large suras of money, amounting in the aggregate to £1,500; they also PLEADED GUILTY to conspiracy to effect the said offence, and COULTON also PLEADED GUILTY to a conviction of a like offence on June 25th, 1884. GRANT and COULTON— Penal Servitude for Life. THORPE— Fifteen Years' Penal Servitude. And
(468) ROBERT GIBBS (34) and FRANK EMERY (24) , to burglariously breaking and entering the dwelling-house of George Laws, and stealing two clocks and other goods; also to two other indictments, and to previous convictions of felony.— Five Years' Penal Servitude each. [Pleaded guilty: See original trial image.]
MR. HUTTON Prosecuted.
NOT GUILTY .
MR. HUTTON Prosecuted.
NOT GUILTY .— He was again indicted for a similar offence on another day, upon which MR. HUTTON offered no evidence.
NOT GUILTY .
MR. PURCELL Defended the Prisoner.
GUILTY .— Five Years' Penal Servitude.
OLD COURT.—Saturday, July 3rd, 1897.
Before Mr. Justice Hawkins.
472. JOHN MAZNAL (22) and PAUL ULRICK (18) , to stealing a shirt, a cigar-case, and other articles of John Arthur Bleacley, and threatening to accuse him of an infamous crime, thereby obtaining from him £1, £5, and an order for £15.
MESSRS. C. MATHEWS and BODKIN Prosecuted, and MR. SYMMONS
GUILTY .—They were both identified as having previously attempted offences of intimidation, and Ulrick, who had been three times previously convicted, lived with Grant and Coulton, who were convicted yesterday. (See page 694)
MAZNAL— Ten Years' Penal Servitude.
ULRICK— Eight Years' Penal Servitude.
473. JOHN GOODEY (17), MICHAEL REED (16), GEORGE ROBERT ROBSON (17), JAMES BEAUMONT (15), and ELIZA WALTERS , for the manslaughter of Margaret Jane Smith, to which Goodey PLEADED GUILTY . They were again indicted for a riot, and disturbing the public peace, to which they
PLEADED GUILTY . GOODEY— Six Weeks'Hard Labour.
REED and WALTERS— One Month's Hard Labour.
BEAUMONT— Three Weeks' Hard Labour.
Before Mr. Justice Hawkins.
474. ALFRED RICHARDSON (52) , Maliciously wounding Jane Mathew Richardson, with intent to do her grievous bodily harm. He stated that he wished to PLEADED GUILTY to unlawfully wounding, upon which the JURY found that verdict.—Judgment Respited, to see whether he will make compensation, and admitted to bail.
Before Mr. Common Serjeant.
475. WILLIAM GEORGE HANSLER (26) PLEADED GUILTY to maliciously wounding Daisy Helen Hansler. Charles Ostenberger, in whose employ the prisoner had been for eight or nine years, gave him an excellent character, and offered to take him back into his employment, and the prosecutrix stated that she had pawned all his things.— Judgment Respited.
Before Mr. Recorder.
MR. WARBURTON, for the prosecution, offered no evidence.
NOT GUILTY .
Before Mr. Common Serjeant.
Before Mr. Justice Hawkins.
MESSRS. C. F. GILL and GUY STEPHENSON Prosecuted.
WILLIAM EVENDEN . I am a bricklayer—the deceased Mary Evenden was my wife; she was a sister of the prisoner; we have seven children; six of them were at home; the eldest, Mary Ann, was seventeen years of age; the prisoner came and stopped at our house about three weeks; he was not doing any work; he was a deal porter in the docks—I allowed him to stay in the house without payment—he used to sleep downstairs in the living-room on a mattress—I thought he was going a bit strange—he had no differences with me—on the morning of June 2nd I came downstairs about twenty minutes to six and left the house, leaving my wife in bed; he, the prisoner, was then asleep in the downitairs room—I was brought home about 8.30, and then saw the bodies of my wife and daughter, both dead.
CHARLES EVENDEN . I am a son of the last witness, and live with him—the prisoner is my uncle—I went to bed about ten o'clock in the top room—the prisoner was then indoors, and also my mother—I was awoke about eleven o'clock by a row downstairs; I got out of bed, and went down—I found my mother and my sister Anne and the prisoner rowing down stairs—mother told him to clear out of it, and my sister said, "We can't afford to keep you"—he said to her, "You are a wicked woman"—she went upstairs, I went next, and iny sister last—next morning I went to work about 5.37—when I went down I saw the prisoner sitting on the stairs, playing with something in his fingers—we did not speak to each other—mother went a little way with me down the street—I left the prisoner in the house—there was no quarrel that morning.
WILLIAM EVENDEN . I am nine years old, and live at home—on Wednesday morning, June 2nd, about 6.45. I heard a scream downstairs—Annie went downstairs in her night-dress—I got up and went down also—I went into the kitchen, and saw mother lying on a mattress; Annie was running downstairs, and I saw the prisoner cut her throat—he had this knife in his hand—she fell across mother's legs—the prisoner washed his hands, and then walked out at the door, knocking the table over—I ran out and spoke to Mrs. Blackmore.
JANE EVENDEN . I live with my father and mother—on Wednesday morning, June 2nd, I was sleeping, with my sister Annie, in the top room; I was awoke by a scream from my sister—I jumped out of bed and went downstairs, and she called out, "He is murdering her! he is murdering her!"—I went down and fonnd my brother William on the stairs, looking into the kitchen—my sister was lying on her face across my mother—my uncle was there; he turned the table over, washed his hand" put on his coat, and went out—I ran to Mrs. Stevens, a neighbour.
JANE BLACKMORE . I am the wife of William Blackmore, of 5, Copperas Square, Deptford, directly opposite the Evendens—I have seen the prisoner going in and out of that house some time—I have heard his voice—on Monday morning, May 31st, about 9.15, Mrs. Evenden came out and spoke to me—I don't know whether the prisoner heard what she said—on Wednesday morning, a few minutes before seven, Mrs. Evenden came across and spoke to me, went to the corner to get some milk, and came back again—about five minutes after, I heard her say, "Oh, Ned, Ned!" and then I heard her scream tremendously—I next heard thedaughter say," Oh, mother, mother!" and scream tremendously—I heard something knocked over in the house—a few minutes after that I went out and stood at our gate, and saw the prisoner come out of the house and go towards Brond Street—the little boy then ran over to me and called to us, and Mrs. Stevens went over—when I got over I saw Mrs. Evenden lying on the mattress, bleeding—she tried to speak, but could not—Annie Evenden was lying on her mother's feet, with her throat cut—I gave an alarm, and the constables came—I remained there until Mrs. Evenden died.
---- STEVENS. I live next door to the Evendens—on Wednesday morning, June 2nd, just after seven, I saw Mrs. Evenden come into her house from the street; I then heard her scream and say something, but I could not hear the words, and then I heard a heavy crashing, and saw the prisoner leave the house.
ROBERT ELWOOD (Policeman, R). On the morning of June 2nd, about 7.15, I was sitting at my desk—the prisoner walked in—I asked him what his business was, and what he wanted; he said, "Don't you know?"—I said, "No, I do not;" he said, "My name is Edward Callaghan, and I am a murderer; I have come to give myself up, or you will run me down if I don't"—I cautioned him, and asked him when and where he committed the murder; he replied, "You will soon know"—I then noticed blood on his right hand, and asked him where he got it.
PATRICK LEONARD (Inspector, R). On the morning of June 2nd I went to the station, and there saw the prisoner; I charged him with the murder of the two women—he made no reply; he was searched, and on him was found this blood-stained handkerchief and this letter. (Read: "May 28th, 1897. Dear Sir,—I hope you will find space in your valuable paper to publish my case; one hour are in great trouble. Sir, I was sentenced to death on March 6th by the Home Department for having a 'lothsom head.' The doctor had orders to put me under operation to cure if possible, but this order he disobeyed; twelve days I laid in agony. On Saturday, the 6th,
the order arrived; four men were ordered to kill me that night, but the order said I was not a 'Mandician,' or insane; therefore, I was to be put under operation, by that order kept in suspense till the 11th. when I was liberated from Wandsworth Prison for five weeks, I was shadowed day and night by the man employed by the 'police'; these men are better known as the 'Nose.' Well, driven to drink, I got the D.T's. I fell again for an assault. I was remanded for ten days. The first night, at Holloway Prison, I laid down to sleep, Berry put the cloth over my face. I was not asleep, but five seconds more would have enough for me. Nine nights did I lie without sleep, and in misery; on the tenth day I was sentenced at Greenwich to twentyone days; I was sent to Wandsworth Prison. The doctor at Holloway Prison sent a letter to the doctor of Wandsworth Prison to put me under a simple blister operation, which would cure me in three days. He consulted the governor, but he said we must execute the order. This was the old governor; the young governor said, 'Cure him, if possible; but the doctor disobeyed the order, and said, 'I will have nothing but his life.' This he continued to the end; but one night four men were ordered to put me to death. Well, I laid down to wait my death at seven o'clock, but the officers lost heart that night. Well, I was sent in the mill for three and a-half days without a break in between, to make me rebel against work. But all the old governor and doctor tried to make me rebel; I kept on doggedly at work, and never spoke a word for eighteen days to nobody, and when I did had almost lost my speech, being so long without speaking. During this time I had not twenty-one hours' sleep, but praying night and day, but, thank God, there are some kind officers in prison; they petitioned against the treatment I received from the hands of the governor and doctor. Four times have I laid down my life for the prison doctor to take it or care me; each time I have not asked for mercy at their hands, but I ask, in justice sake, for the public and your paper to intercede for me. Since I left prison on the 14th of May I have been shadowed by the policeman's "Nose" day and night; it seems to me they want my life; they may have that if they like, but, thanks be to God, they cannot take my soul.—EDWARD CALLAGHAN, 3, Copperas Place, Church Street, Deptford, S.E.")
FRANCIS THOMAS TAYLOR . I am divisional surgeon, residing in Lewisham High Road—I saw the two bodies; they were both dead—I made a post-mortem examination of the body of the elderly woman; there was a wound on the throat three inches and a half long—it was a jagged cut across the front of the neck, extending obliquely downwards from right to left, practically dividing all the structures down to the front of the spine—it must have caused death in a very short time; this knife would have caused such a wound—it would have caused considerable violence to inflict such a wound—I also saw that the other woman's throat had been cut—the main vessels on the one side had been divided; the loss of blood was the cause of death.
JAMES SCOTT . I am Medical Officer of Her Majesty's Prison, Holloway—from instructions from the Public Prosecutor, I kept the prisoner under special observation from the time he was received into the prison on
June 2nd—he did not appear to be suffering from the effects of drink; he showed no remorse for what had occurred; he was very sullen, morose, usually sitting by himself, not speaking to anyone, or taking notice of anything around him; temper easily aroused, and became excited—on two occasions he said that the warder had attempted to poison him during the night, and to smother him with a draught; he also said that the warders made remarks about him, frequently saying that he would never go up for his trial; he appeared to believe these statements—I consider they were insane delusions—I have seen this letter—I consider his ideas of the warder having attempted his life, and so on, as being insane delusions—I spoke to him about the letter, and about the remarks in it as to his attempts on his life; he asserted that they were all true—I am of opinion that it was all the result of insanity, and that he could not appreciate the character or consequences of his act—I am of opinion that he is still insane—on two occasions, on the 11th and 18th, he was seen by Dr. Bastion.
WILLIAM EVENDEN (Re-examined) I remember speaking to the prisoner on one occasion about his head; he said he used to be troubled a good deal about the top of his head; he had his head shaved—he said that the men would not work with him—I remember his getting caustic for his head—on more than one occasion he was very silent indeed.
HENRY CHARLES BASTION , M.R.C.P. I have had a very large experience in cases of insanity—I was specially instructed by the Director of Public Prosecutions to see the prisoner—I saw him on the 11th and 18th—I have been cognisant of this case; I have seen the depositions and Other documents; amongst others, this letter—I had formed an opinion as to the state of his mind—I think, in all probability, he has been insane some time; certainly I should say since March 5th—he was then under the delusion that he was under sentence of death—he said he was condemned to death in Wandsworth Prison, and he refused to work, and that was repeated in his letter of May 8th—the delusions shown in his letter are quite clear—I am clearly of opinion that he was then insane—he might know of the nature of the act he committed, but as to the quality of it I have a doubt—I think him undoubtedly insane.
The Prisoner: I said I was waiting until such time when I was to be put to death by an operation; we are brought here simply to screen the doctor and governor of Wandsworth. There is one thing I have got to say, that I was under no delusion when I wrote that letter. I say now that I was sentenced to death, and everybody, and for miles round, knows it well; I am pointed at wherever I go; the usage I have had from the police has been enough to drive me insane, but I am not so.
GUILTY of the act, being insane at the time. — To be detained during Her Majesty's pleasure.
Before Mr. Justice Hawkins.
MESSRS. C. F. GILL and GUY STEPHENSON Prosecuted, and MR. BEATON
NOT GUILTY .
CHARLES HARRIS . I am ostler at the Greyhound Hotel, Dulwich—on June 10th I was going to fetch a mare for my master, and the prisoner held up a stick and said that he would knock my brains out—I said, "I do not want anything to say to you," and was going to pass him—he drew a revolver, and said he would blow my brains out, but I flew at him and hit him in the mouth—the revolver was pointed straight at my head—he threw his arms round me, and I fell under him—I called for assistance, and the waiter from the hotel came and kicked the revolver out of his hand—while I was on the ground he said, "I will murder you"—I sent for a policeman, and gave him in custody.
By the COURT. About two Sundays before he was in my stable, and was under the impression that a young man I had there was a deserter—I gave him no provocation that day—the man was not a deserter.
Cross-examined by the Prisoner. I have known you some months—I gave you no number of a horse—I do not know that you have been invalided four years, or that you have five bullets in your head.
By the COURT. In my judgment, he was not on that day in a condition to understand the character of the act he was doing; I believe he did not know the gravity or the quality of what he was doing—I suppose he thought the witness was going to do him some injury, or a fancied injury, which he was going to revenge himself for.
The Prisoner: I have been shot on my ribs three times. I have had my jaw broken. He caught hold of me, and threw me down. I have talked to the Duke of Cambridge.
ROBERT LEADON . I am a waiter at the Greyhound Hotel—on June 10th I was looking out at the dining-room window, and saw the prisoner and prosecutor struggling outside—I went into the road, and they were lying one on top of the other—I seized the prisoner's arm, and then saw the pistol in his left hand—I saw another witness pick it up; it was loaded.
The Prisoner: I have carried that revolver twenty-three years and a half. I have been surrounded by the Commissioners of Police.
The JURY stated that they did not wish to go on further with the case. GUILTY of the act, but being insane at the time.— To be detained during Her Majesty's pleasure.
Before Mr. Common Serjeant.
MR. FLEMING Prosecuted.
awakened during the night by the police—they made a communication, and I went down to the shop—I found one of my shop windows broken.
Cross-examined by Cooper. Nothing was touched.
JOHN LEWIS (168 M). I was on duty in High Street, Borough, on the night of June 1st, with Constable 108 M—I heard a crash of broken glass—I saw the prisoners standing close to the window facing the shop—they walked backwards, looking to the upper part of the house—we arrested them in the middle of the road, as they were walking slowly backwards, about 12.40—no one else was near—Norton said, "It was not us, it was the man who just run away"—we took them to the station—Norton said, "We are as guilty as a newly-born baby"—when charged he said to the inspector, "All right, sir"—Norton also said, "That's the worst of having a b——mug for a pal"—on Cooper this piece of wood was found (it is used to help the jemmy), and this key, which fits the door of the address he gave, which was false.
Cross-examined by Norton. I did not, in answer to your saying, "The man who broke the window just run across the road," say "Very good."
THOMAS PARSLOW (108 M). I was with Lewis on June 1st, shortly before one a.m., in High Street, when I heard a smashing of glass—I saw the prisoners walking backwards—I stepped across the street on my toes, and seized Cooper, Lewis taking Norton—Cooper said, "All right, governor; why don't you take the one who is running away?"—I saw no one running away.
Cross-examined by Cooper. I did not see you break the window—no one else was about—the public-houses had been closed some time—most of them in that neighbourhood close at twelve.
EDWARD BOORMAN . I am a salesman, of 236, High Street, Borough—on June 1st, between 12.30 and one a.m., I was standing opposite the window that was broken—I heard a crash of glass—I looked, and saw the prisoners standing at the window—I saw them walking backwards from it—no one else was there—I saw both of them raise their feet and kick—I had a good view of them.
Cross-examined by Norton. I did not have time to stop you—I did not tell the police—the police came up.
Cross-examined by Cooper. You kicked with the toe of your boot—your face was to the window—I did not say at Bow Street that you had your backs to the window—the police were too far away to see it—I am not paid by the police.
THOMAS DIVALL (Detective Sergeant). I examined 253, High Street, Borough—I found a large plate-glass window had been broken, nine feet by three feet six inches, and a large hole made about two feet eight inches by three feet six inches, and on the brass beading was a large graze, two inches wide, which I concluded had been done by the heel of a boot—mantles were exposed in the window—at the station I found on the toe of Cooper's right boot, leather peeled off about the size of a shilling.
Cross-examined by Norton. I did not say anything to you at the station.
Norton, in his defence, stated that he had just finished work, when he went out and saw the window broken, and a man run away, but was nnocent. Cooper stated that he had left a man outside the public-house at 12.35 and when two or three doors away he saw a man break a window.
and was going to wake the occupier up, when the police arrested him, but Boorman did not come up till afterwards.
GUILTY .—COOPER**†then PLEADED GUILTY to a conviction in the name of Richard Evans at this Court in December, 1894. He was stated to have been convicted eight times, including a robbery upon a man seventy-six years of age, in 1895, and to be a dangerous thief and an associate of thieves.— Seven Years Penal Servitude.
482. HASTINGS HUGH FRASER (40) , Unlawfully conspiring, with Cadwallader Tudor Edwards and others, to cheat and defraud James Smith Joyce. Second Count—Unlawfully obtaining from James Smith Joyce £2 10s. by false pretences, with intent to defraud.
MR. MARTIN Prosecuted.
JAMES SMITH JOYCE . I have lived at 149, Tulse Hill, for forty-nine years—I have known the prisoner some time—he called on me about seven one evening in April, with Tudor Edwards—they asked me to advance £10 on French bomds—I told them I did not understand them—then they wanted to borrow £10—then it came down to eighteen-pence—then they went out to the cabman, and he came into the front garden, and made a terrible row, because they did not pay the fare—I lent another man, Mason, who was with them, eighteen-pence—then they had not enough to pay the cab, and the police came—on Monday, May 3rd, I met them at a public-house in Fleet Street—Fraser said, "Well, I have got a £100 cheque on account of the French bonds," and asked me to change the cheque; I said, "Oh, no; it is a big cheque; I could not do it"—he said he had got the cheque from Talbot and Taeker's, the solicitors—I had been with him to their offices, but stopped outside—Edwards said, "We are getting some money for the French bonds; we have got a £100 cheque now, and we are going to get a £15 cheque"—Fraser said, "You I wait here; I will run up to Talbot and Tasker's office, the solicitors, and get a small cheque on account," and then went out of the tap-room—he came back full of joy, and said, "Halloa, Jemmy, I have succeeded; I have got a cheque from Talbot and Tasker's office"—I said, "Let us look at it"—then he brought out this cheque, folded in this letter; I tore off the sheet; there was nothing on it. (The cheque was on the London and Midland Bank for£15, drawn by George Williamson, in favour of Captain H. Fraser, and the letter was on Talbot and Tasker's headed paper, of 47, Bedford Row. "Dr. Sir,—I am desired to enclose you the cheque for £15 desired, awaiting the passing through of that for £100, made payable to Captain C. Tudor Edwards on Saturday, the 1st inst.—Yours faithfully, GEORGE WILLIAMSON.") I said, "It is not signed by Talbot and Tasker"—he said, "Oh, that is the managing man, who is authorised to sign Cheques for the firm," You see, You and Tasker's cheque is as gooa as a Bank ol England note"—I said, "Oh, very good; I will try and change it at Tulse Hill"—we went out, walked to Ludgate Hill, and got in a four-wheeled cab together, the prisoner, Edwards and Mason—we stopped at the Horns, Kennington—Edwards endorsed the cheque for £100—then we went to Tulse Hill, and I asked our grocer to change it—I got £2 10s. on the £15 cheque, and £3 from the
butcher on the £100 cheque—the balance was to be paid the next day—I endorsed the cheques. (Both cliques were endorsed, "C. Tudor Edwards" as well as by the witness, and the£100 cheque was further endorsed, "Pay Captain H. Fraser," in the same writing as Edwards, but over the erasure of Edwards's name.) I handed Edwards £2 10s., and the prisoner £2 10s., stopping 10s. for my expenses and trouble, out of the £5 10s.—Fraser told me he would have £30 out of the £100—after refreshment and a chat, I left them, arranging to meet them the next morning at 10.30 at Victoria Station, which I did—the next morning I went to my grocer's, and got £12 10s. the balance of the £15 cheque—then I went to the butcher's, and paid him £3, and took the £100 cheque, which left me £9 10s. to pay Edwards and Fraser—I then went, to Victoria, and met Edwards—I gave him £7 10s.—he said, "Fraser, owes you £5; you can take the £2 off your account"—we had a glass of ale—Fraser was very late—he knew I had kept £2—we went into the City, and I was asked whether I could borrow £40 on the £100 cheque,—I said I could not do that; I might get £10 on it—we got something to eat, and then took a cab to Tulse Hill, with the £100 cheque—I showed Mr. Jones, the grocer, the £100 cheque; he had not any change, and eventually I lent Edwards £2 on this £100 cheque—we were then, the three of us, in the Thurlow public-house—the next day I went to Mr. Williams, the grocer, again, and got £4 in gold and a £6 tradesman's cheque—I went to Victoria and handed it to Fraser and Edwards—the prisoner tried to get the cheque changed in the City, but could not—then we all went to Tulse Hill, and got the cheque changed by the butcher, and I handed them the £6—then I left them, and went to dinner—the next day I met Tudor Edwards, and paid him £2 10s. out of my own pocket, believing the cheque was perfectly good, as it was Talbot and Tasker's cheque, so that he had £4 10s. of my money—Fraser joined us afterwardsin the Strand—Edwards gave me this receipt—the total they got from me was £29 10s.—the next day Williams, the grocer, sent me a message—subsequently I was shown the cheques for £15 and £100, marked "No account"—I went that very day to Talbot and Tasker's office, and made inquiries—later on I joined Mr. Allen, their clerk, in an Information at the Police-court—I did not see the prisoner again till he was arrested—I knew he lived at 15, Gunter Grove, and tried to find him, but he had absconded from there—he was arrested on a warrant—Mr. Allen was at the Police-court on the first occasion—he, gave no evidence, he died before the next hearing at the Police-court—I parted with my money on the faith of the representations made to me—the cheques were handed to me by the prisoner, with this letter on Talbot and Tasker's note-paper.
Cross-examined by the Prisoner. I am not a money-lender, but I oblige a friend—I may have lent as low as 6d. for a drink—I also lent you 7s., because you said you had no money, and had sent the £2 10s. away—I did not charge you £2 for cashing the £15 cheque, but kept it on account of £5 you owed me—I am liable to the grocer, and I am going to pay him the bulk of it on the Bank of England dividend day; July 6th—you told me Edwards was raising a loan of £6, and the £115 was on account, and I took your story to be true.
Road—I remember changing this cheque for £15 for Mr. Joyce—his mother is a customer—I told him I had not got it at first; then he came back, and I gave him £2 10s. or £4 10s., and the balance the next day—later on he brought me this £100 cheque, on which I advanced £4 in gold and a £6 crossed cheque—the cheques were paid into the bank and returned marked, "No account"—I made Mr. Joyce responsible by his endorsing them.
Cross-examined. I have never seen you before—you might have been in my shop—I have changed cheques for Mr. Joyce—I have had his cheques come back.
WALTER FREDERICK MONTAGU PROVIS . I am a solicitor—I am in the conveyancing department of Talbot and Tasker's, solicitors, 47, Bedford Row—I have been there over twelve months—I have examined the books, and find no trace of business done with Captain Hastings Hugh Eraser, nor with Captain Cadwallader Tudor Edwards—our call-book shows Fraser called at the office—if business had been done there would have been entries in the ordinary course—our firm has no account with the London and Midland Bank—no George Williamson has been employed in the office to my knowledge, certainly not on May 3rd. last—this is our headed note-paper, whicn in May last used to be in the waiting-room, but has since been removed—Mr. Allen was our Chancery and conveyancing clerk—we should not entertain a loan on bonds—Mr. Allen joined in the Information in this case—he has since died—any transaction as to a loan would come to my knowledge.
Cross-examined. Mr. Allen had been employed by the firm about twenty-five years—he died suddenly from a broken blood-vessel—in the call-book of April 26th there is the name of Mr. Frank Bradley as having called—he apparently saw Mr. Allen—I find no record of that bond (Produced by the prisoner) being in his possession—you appear to have called on Mr. Allen on April 28th, 30th, and May 3rd—I should know of a matter in the office, Mr. Allen would tell his principal—he was managing clerk in the conveyancing department—a partner would have the charge—nothing of this loan business was brought before any member of the firm—Mr. Allen was not a solicitor to do business on his own account—a client goes where the clerks are, and is shown into the waiting-room—on May 3rd you saw the office boy.
ERNEST EDWARD EYRE . I am a clerk in the Lonland Bank, at 237, Tottenham Court Road—we have no customer of the name of George Williamson—Talbot and Tasker are not customers—I have traced these cheques to have come from a book issued to a Mr. Benham, a solicitor, of Bedford Row—these cheques were presented to us and dishonoured.
Cross-examined. The cheque for £100 is not properly endorsed—it should have been endorsed by Captain Hastings Fraser—then it would not have been paid, because they have no account.
SIDNEY JOSEPH ESSEX BENHAM . I am a solicitor of Rugby Chambers, Great James Street—I had a branch at Southampton Buildings—the prisoner called on business on April 17th, 23rd, and 30th—I have an account at the Tottenham Court Road Branch of the London and Midland Bank—these cheques have been abstracted from my cheque-book—I did not
miss them, because they are taken from the back of the book—I may have left it on the desk—I have one clerk.
Cross-examined. I was in the office when you called—I know nothing against you—you always behaved straight to me.
MICHAEL O'BRIEN (Sergsant, W). I arrested the prisoner on this warrant for conspiracy to defraud—I read the warrant to him—he replied, "Very well"—when charged he made no reply—I have a warrant to arrest Edwards, but cannot find him—I went to the prisoner's place at Bow several times—he was stopped in the City by the prosecutor—the warrant is dated May 12th; the arrest was on May 21st.
Cross-examined. I did not know you were at Brighton when I was trying to arrest you—I heard that you were at several places.
Evidence for the Defence.
WILLIAM R. FOSTER . I am managing clerk to Mr. Fletcher, a financial agent, of 20, Bucklersbury, who has been acting for Captain Edwards as to a loan of £16,000 on some Irish property, which I am informed includes a harbour and steamers—Edwards called about the end of April—he did not tell me he was raising £400, through Mr. Allen, of Talbot and Tasker, on forty of these bonds—we were arranging for a loan on the bonds, negotiations are going on now—I do not know where Edwards is.
Cross-examined. Edwards did not tell me he is an undischarged bankrupt, but I know that is so.
The Prisoner, in his defence, stated that the cheques were not endorsed by himself, but the transactions were genuine; that he went to Talbot and Tasker's at Edwards' request, and received the letter from a clerk, and that, if anybody had been deceived, he had been.
GUILTY .**— Eighteen Months' Hard Labour.
483. JOHN ST. JOHN (27) PLEADED GUILTY to feloniously marrying Ann Annie Brown, his wife being alive; also to stealing a bicycle, the property of Frederick Malthouse; having been convicted of felony on May 11th, 1894.— Three Years on the Bigamy, and Nine Months on the Larceny, to run concurrently. And
CHARLES GADD (Detective, W). I arrested the prisoner on June 1st for marrying Emma Elizabeth Sly—he said, "What is this; bigamy?"—I said, "Yes"—he said, "I expected it"—these are the original certificates of the two marriages.
THOMAS WRIGHT . I am a cab-driver, of Highbury, and the first wife's brother—I was present at their wedding, at Lambeth, on November 4th, 1884—they lived together afterwards, but after three years they separated, and the wife went to live with her mother—they last lived together in 1887; he has not cohabited with her since—I have seen him since, but have not spoken to him; he used to annoy her in 1891.
EMMA ELIZABETH SLY . The prisoner went through a form of marriage with me on January 6th this year at the Free Methodist Church, Brixton—I became acquainted with the fact that he was married, the week before I went to the Police-court.
By the COURT. I had no conversation with him about his wife, either before or after my marriage.
NOT GUILTY .
WILLIAM GRIMES . I am a costermonger, of 11, Hand Street, Walworth—I have known the prisoner some time—early on the morning of May 25th I saw the prisoner and four others go to a coffee-stall in the New Kent Road—the prisoner called me a f—pie-can, and made a stroke at me, but did not hit me; I ran into Pye Street; he followed me, and kicked me; my body was painful all over—I was sober—I had 15s. in gold and silver in my pocket, which was safe two minutes before, at the Elephant and Castle—when I recovered consciousness my father was with me, and my money was gone—I informed the police, and the prisoner was arrested and charged—between the time I saw him at the Police-court and the remand, I saw his mother and two of his sisters, who made a proposal to me and gave me £2, and I signed this paper. (This was a receipt for £2 out of £3 an compensation for assault tand robbery, and stating that he wished to withdraw the case, as they were all drunk together, and that he swore that the prisoner was not, tfa man who assaulted and robbed him.) They forced me to sign that—I have been repeatedly threatened since the case was before the Magistrate, if I came here to-day and gave evidence.
Cross-examined. I have known him about a year, but I knew him well enough to know who he was—I have not been on friendly or unfriendly terms with him—I am not always sober—I have not been in the hands of the police for being drunk and disorderly—they once took me to the station, and let me go next morning—I had been to the Elephant and Castle on this night, and put my things away—I carry on my trade at Clapham Junction—I had a drink now and then during the day—I won't swear that it was not ten or twelve drinks—I went to the hospital on Wednesday—I received the £2 compromise, in a public-house; three friends of mine were present, and the prisoner's three sisters and mother, and they told me that they had people outside waiting, and his sister threatened me—I took the money, and thought it was all done with—when I said that we were all drinking together I cold a lie—I did not have a row with these men—I never spoke to the prisoner, and never put up my hand.
Re-examined. I went out between five and six a.m., and came back at night; the twelve drinks were spread over that time.
JAMES BAILEY (Soldier) I live at 9, Hand Street, Walworth—early on the morning of June 25th I was in Station Road, near the railway arch, and saw Grimes and the prisoner at the corner having a few words; Grimes ran away, and they ran after him and stopped him, knocked him down and kicked him—I was five minutes looking for a policeman, and then came back arid waited with him till he became conscious—nobody else put his hands into his pockets while I was there—I have known Grimes some time—I have been threatened not to come to-day.
Cross-examined. I am not an old friend of his, but I am an old pal—I I first saw him near the Elephant and Castle, at a little after one—I
know two of the others, bub do not know the prisoner—I saw the beginning of it; Herbert struck him first.
By the COURT. He lay on the ground about hall an hour; he was unconscious, and I could not get him to.
JOHN PROCTOR (Policeman, LR). I arrested the prisoner at the Pear Tree public-house, New Cut, and told him the charge—he said, "Let me have a drink first"—I said "No," and showed hint my truncheon, and then he went quietly—he said, "I was not there," they said, "You were"—Grimes said, "You called me a bow-wow, and knocked me down and robbed me of 15s. and a metal ticket"—the prisoner made no reply.
GUILTY .—He had been charged with his brother with violence,— Eighteen Months' Hard Labour.
Before Mr. Recorder.
From the police inquiries; the prisoner's statement that he left his wife because of her immorality was believed. Prosser also gave evidence as to his good conduct.— Judgment Respited.
MR. DAVIES Prosecuted, and MR. LESTER Defended.
After the prosecutrix's evasive answers as to her relations with the prisoner, the prosecution, with the sanction of the COURT, declined to proceed further with the case.
NOT GUILTY .
MR. DAVIES, for the prosecution, offered no evidence.
NOT GUILTY .
MR. FLEMING Prosecuted.
WILLIAM BARRATT . I am an engraver, of 32, Blake Lane—on May 30th I was in Blackfriars Road, close upon one a.m.—passing Peabody Buildings, three men hustled me, pushed me down, and robbed me of my chain and 5d. in bronze—the prisoner was one of them—I never lost sight of him—I called for the police, and a constable came immediately—I was sober—I was not kicked or struck.
THOMAS AYRIS (301 M.) I was on duty in Blackfriars Road on May 30th—at 12.55 a.m. I saw four persons struggling on the pavement—I went across—I heard cries of "Police!"—the prisoner and another man ran in the direction of the Obelisk—I caught him about 150 yards from where the robbery took place, and opposite the Surrey Theatre—I never lost sight of him—when about twenty yards from him, I saw him raise his right arm, and heard the sound of money falling in the road.
Cross-examined by the Prisoner. I had no opportunity to pick up the money, I was following you; I did not see Detective White.
Prisoner's Defence: Detective White caught me. If I threw anything the constable had leisure to pick it up. I was completely led into this, I never robbed the man, nor do I know who did rob him.
GUILTY.**—He then PLEADED GUILIY to a conviction at St. Mary's, Newington, on March 10th, 1896, of uttering counterfeit coin.— Nine Months' Hard Labour.
ADJOURNED TO MONDAY, JULY 26TH, 1897.