CENTRAL CRIMINAL COURT
TWELFTH SESSION, HELD OCTOBER 25TH, 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,
INCLUDING CASES COMMITTED TO THIS COURT UNDER ORDER IN COUNCIL PURSUANT TO WINTER ASSIZE ACTS OF 1879.
Held on Monday, October 25th, 1897, and following days,
BEFORE the RIGHT HON. Sir GEORGE FAUDEL PHILLIPS, Bart., K.G.C.I., LORD MAYOR of the City of London; the Hon. Sir EDWARD RIDLEY , Knt., one of the Justices of Her Majesty's High Court; Sir REGINALD HANSON , Bart., Sir DAVID EVANS , Knt., Sir STUART KNILL , Bart.; Sir CHARLES HALL , K.C.M.G., Q.C., M.P., Recorder of the said City; Lieutenant-Colonel HORATIO DAVID DAVIES , Knt., WILLIAM PURDIE TRELOAR, Esq., JOHN POUND , Esq., RICHARD CLARENCE HALSE, Esq., JOHN KNILL , Esq., and SAMUEL GREEN , Esq., 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.
RICHARD CLARENCE HALSE, Esq.
CENTRAL CRIMINAL COURT.
PHILLIPS, MAYOR. TWELFTH 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, October 25th, 1897,
Before Mr. Recorder.
For cases tried this day, see Essex, Kent, and Surrey Cases.
NEW COURT.—Monday, October 25th, 1897.
Before Mr. Common Serjeant.
648. HARRY MOFFATT (19) PLEADED GUILTY to stealing three brackets and other articles, and £10 in money, the goods of George Cull, having been convicted on December 23rd, 1896.— Twelve Months' Hard Labour. And
(649) HERBERT DIXON (23) to five indictments for forging and uttering endorsements for cheques for £2 0s. 2d., £5 9s. 4d., £4 16s. 8d., £4 9s. 5d., and £6 11s, 0d. with intent to defraud, also to obtaining the said cheques by false pretences.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
650. FREDERICK CHARLES JERRY (25) , to stealing a letter and postal order for 1s., the property of Her Majesty's Postmaster General. ( See Third Court, Tuesday.) [Pleaded guilty: See original trial image.]
651. DUFOUR SERVAL (28) , to stealing a chain and other articles, value £120, of John Gresham Barber and others; also to obtaining £16 from Elizabeth Scott Taylor and £12 from Kate Prior by false pretences.— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.]
652. HENRY SMITH** (21) , to stealing a watch and chain from the person of William Woods, having boen convicted at Clerkenwell on January 4th, 1894— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.] And
654. WILLIAM FREEMAN (39) , Unlawfully attempting to obtain by false pretences 1/2lb. of cheese from Sidney Nicholas Turner. Second Count.—Obtaining tea, bread, and butter from Elizabeth Stanes. Third Count.—Obtaining butter and eggs from Sarah Fowler, with intent to defraud.
MR. BIRON Prosecuted, and MR. COUNSEL Defended. SARAH FOWLER. I am the wife of James Fowler, a dairyman, of 5, Violet Hill—on August 30th the prisoner, who I did not know, came in and asked for a pint of the best milk for 19, Abbey Gardens; he said that he had moved this way, and would give us a chance—about a quarter of an hour afterwards he came back and said he wanted 1/2lb. of butter and sixpenny worth of eggs, and said "Put it down to the weekly account, my name is Erridge, and I work at Whiteley's, Westbourne Grove, and live at Abbey Gardens"—he took them away—I thought it was a cash transaction, but he said he would pay for them—I afterwards went to Abbey Gardens and made inquiries—I have never been paid.
Cross-examined. He said that he would pay weekly, but I thought that was for the milk, and he then asked for the other things—I never gave anyone goods on credit before, but it was a very good address—I never asked him to pay, because he said that he would open a weekly account, and his wife would pay for it—he said "Put it down to the weekly account"—he said so much about the milk being good that I thought he was respectable.
THOMAS ING (Police Sergeant SR). I know Mrs. Stanes—I saw her last Saturday—she has recently been confined, and is not able to attend—I was present when she gave her evidence at the police-court—the prisoner had an opportunity of cross-examining her—on September 2nd I was called into the shop, and, in answer to a charge made by the prosecutor, the prisoner said "For God's sake don't do that; I have a wife and children"—I took him to the station, and on the way he said "I only asked him for some cheese and butter, and would pay him on Saturday; I did not say of Abbey Street, but that my wife had been looking for lodgings in Abbey Gardens"—I found a loaf and butter on him.
Cross-examined. He gave me a correct address—there is no previous conviction against him—he has a wife and five children.
SIDNEY NICHOLAS TURNER . I am a cheesemonger of 35, Mill Lane—on September 2nd, about 8.15, the prisoner came in and said, "I live at 16, Selhurst Road; will you let me have a few things for Saturday?" and asked for half-a-pound of cheese—I recognized him as soon as he came in, and in consequence of what I recollected about him, I refused to serve him, and gave him in custody.
By the COURT—I knew that he did not live at Solent Road, and that he did not want the cheese in the ordinary course of his business.
GUILTY on the first and third Counts .— Three Months' Hard Labour.
OLD COURT.—Tuesday, October 26th, 1897.
Before Mr. Justice Ridley.
KATE DONOHUE . I have known the prisoner about two years—I kept company with him—he had been away for some time—On September 21st I met him in Rupert Street, Whitechapel—he said "Halloa, I want to speak to you, I hear you have been speaking to a young man"—I said, "I have not; it is untrue"—he said, "If I thought it was true I would cut the man's heart out, and your's as well"—I said, "It is not true, don't you believe me"—he said, "Yes, I will,"—I said "Well, I want you to go away, and not speak to me no more"—he said, "Well, I will"—then he said "Good-bye" and I shook hands with him—I next saw him on Thursday, September 23rd, about 10.30 at night, outside the White Hart in Bupert Street—he said, "I want you; I have seen some friends and they tell me you have been speaking to someone"—I said, "It is not true"—he said, "Well, I believe it; you said you were not going to speak to me any more," and he put out his hand to say good-bye and then he dropped his hand, and I saw a knife in his hand, and he stabbed me under the left breast—he said nothing at the time—I fell down—some friends attended to me and took me to the police station, where I was examined by the Divisional Surgeon—next morning I went to the London Hospital to be attended to there—at the time I was stabbed I was wearing a jacket-bodice and a pair of stays under it.
Cross-examined by the prisoner. On the Tuesday you showed me a letter, and it said that I had been speaking to someone, and you said you heard that I was married—I said I was not, and afterwards you said I was living with someone.
By the COURT. I saw the blade of the knife, but could not speak about the handle. It was a pocket-knife.
HESTER ABRAHAMS . I am the wife of Benjamin Abrahams, a Fish-monger, of 2, Rupert Street, Whitechapel—On Thursday, September 22nd, about ten in the evening, I saw the prisoner in Rupert Street, speaking to his young woman, Kate Donohue, near the White Hart—I passed them—going into the bar she fell in the doorway and said she was stabbed—I undid her bodice, and saw that she was bleeding—I gave her some brandy, and went with her to the station—I saw that her clothing was cut, and her stays.
PERCY JOHN CLARK . I am a Surgeon, and Assistant Divisional Surgeon to the H Division—on September 22nd I saw the prosecutrix at the station in Leman Street, at 10.30—she had a stab on the inner side of the left breast—it was about half-an-inch long and nearly an inch deep—it had cut through her dress body, her stays and her chemise, the wound was over the apex of the heart, it was such a wound as a large Wade of a pocket-knife would produce, another third of an inch would have been fatal—these are the stays she had on, they would have stopped the force of the blow.
HARWOOD ASFORD (418 H). About 11.15 on the night of September 23rd, I arrested the prisoner in a public-house in Brick Lane, I charged him with stabbing the woman in Rupert Street—he said, "is she hurt much, don't you want a warrant?" I took him to Leman Street Station—in answer to the charge he said, "Yes, I stabbed this woman, I meant to stab her"—he was asked his name, address, and occupation—he said, "I am a professional thief; my address is Wormwood Scrubbs."
The prisoner's statement before the Magistrate: "I stabbed the woman—I meant to stab her—one thing I am sorry for is that the stays were on."
The prisoner in his defence stated he had known the prosecutrix since September, 1894, and lived with her when out of prison, and that in the heat of passion he stabbed her, but did not intend to kill her.
GUILTY on the first count —A number of convictions were provedagainst him.
Ten Years' Penal Servitude.
SUSAN CLARKE . I live at 32, Langham Street—I am a single woman with no occupation—I live at home with my parents—on September 10th I went to see my sister Ethel Clarke—she lives at 57, B Flat, Bloomsbury Mansions—the prisoner was there when I went—he used to work for her—I heard my sister tell him to go—he said he had no money to get a lodging—she said she had none then, but would send him some on—he said, "This shall go on no longer"—he took hold of her head and stuck a knife in—I tried to pull him away—I said, "You are murdering my sister"—I do not remember my sister calling out—afterwards I went with my sister to the hospital—she was covered in blood.
Cross-examined by the prisoner. My sister did not strike you first—she told you to go, and pushed you on the back—I did not see her strike you on the head—she was not in liquor that I am aware of.
ETHEL CLARKE . I live at 57, B Flat Mansions, High Street, Bloomsbury—I am a single woman without occupation—on Friday, September 10th, my sister came to see me—the prisoner was there—I treated him as a servant—that morning I toldi him to go, and he said he would—I went out and when I came back in the afternoon he had not gone, so I told him I would make him go—he said he would not—he said he wanted money; I told him I had not got any—I opened the Flat door and pushed him—he then caught me by the neck, and struck me on the head—I do not remember if he did anything else—the blow stunned me, and when I recovered I found myself lying in the passage—the prisoner was kneeling on me, putting the knife in my head and face—I did not see the knife—I thought he intended to cut my throat, and put out my hand to ward off the knife—my hands were cut—I was taken to the hospital.
Cross-examined. I was not tipsy when I came in.
By the COURT. I had had something to drink.
By the prisoner. I was at the New Corinthian Club the night before—you came down to the Club and got me a cab—I was with a friend of your's—he gave me a smack on the nose—I did not tell you you could stop for that night—I did not strike you on the head.
Re-examined. He had theatened me twice before—I paid him about 2s. 6d. a day.
By the COURT. There were improper relations between us.
JAMES TREMLETT WILLS . I am House Surgeon at Middlesex Hospital—I remember the woman Clarke being brought there about five o'clock on September 10th—she had several wounds on the head and face, one above the forehead, and one on the left side of the top of the head—she had three small cuts on the left side of her face, and one behind her left ear—on her right hand she had three wounds, and on her left arm she had one—she
bad lost a good deal of blood; the wounds were bleeding then—the wounds were quite superficial—they would have been caused by an instrument like this knife (produced).
GEORGE WESTON (383 C). On September 10th, about five o'clock, I was in High Street, Bloomsbury—I heard screams of "Murder" and "Police"—I saw the prosecutrix rush out of the house—she was covered in blood—I went in the house—the landing and the kitchen were covered in blood, and the furniture was scattered about as if there had been a great struggle—I saw the prisoner standing by the sink—he was bleeding at the throat—the knife produced was in his hand—I told him I should take him into custody for attempting to murder a female who had rushed out of the house—he said, "Yes, I did it; I am very sorry, and I expect I shall have to suffer"—I took him to the hospital, where his wounds were dressed—he made no reply when charged.
Prisoner's Defence: When she told me to go I said "I have nowhere to go; I have no money." She was in liquor. She struck me first on the head. I fell. I do not know if she fell with me. I was not in my right tenses. I must have fallen against something to take my senses away. I remember nothing more.
GUILTY of unlawfully wounding. — Six Months' Hard Labour.
JOHN ALFRED COOK . I am an assistant gasfitter—I had known the deceased, Woolidge, some time—on September 8th I was in his company in the Railway Tavern, West End Lane—I do not know the prisoner; he is a stranger to me—he came up to Woolidge while I was with him in the bar, and said, "I know you"—Woolidge said, "You might"—he says, "You can have a b—row if you want it"—Woolidge said, "I don't want anything to do with you"—the prisoner seemed to me as if he was in drink—he seemed in anger—he said to Woolidge, "I see you have a b—pal with you; I will fight the two of you"—Woolidge said he did not want to fight—the prisoner wanted Woolidge to go outside to fight, there—he said, "If you will come outside and fight I will fight you for 5s."—Woolidge said, "Well, if you want to fight come on outside"—the barman jumped over the counter and ordered them out—they went—I followed about a minute afterwards—I did not take much notice at the time—at the door of the public-house I saw Hiscocka hit Woolidge on the left side of the face—as a result of the blow he fell backwards; as he fell his hat went off, and he fell on the back of his head—I rushed off the doorstep and picked him up—he fell backwards on the pavement—I believe prisoner helped me—we took Woolidge a little way down the road—I went back and got him some brandy and gave it to him—we took him towards home by a footpath that runs alongside the Midland Railway—Hiscocks said to him "Jim, I am very sorry for what I have done, shake hands and be friends, I will come round and see you tomorrow night. Forgive me"—I took the deceased home and helped get his clothes off—I did not stay with him—between two and three
next morning his wife came round for me—I went and fetched a doctor—when I got back he was dead.
Cross-examined—I went into the public-house with the deceased—he had had four glasses of drink—I knew him—it was not enough to affect him—he had that before seven o'clock—there was no quarrel between them unless they had had one before that—I saw nothing to annoy the prisoner—I did not hear Woolidge request him to move away from the house—there was a bar full of people—I cannot say I heard every word that took place—I did not hear deceased accuse prisoner of being covered with fleas and tell him to move away—I do not know if it took place—the first I heard was this man saying, "If you want to have a row, you can if you like"—there may have been something said by the deceased to the prisoner—I cannot say what lead up to the row—there was not a row in the bar; only with these two men—they were quarrelling together—I saw them turned out—I could not say who struck the first blow—I paid for the brandy.
Re-examined. I do not know if the deceased had spoken to the prisoner before he came up in the way described—I saw the prisoner come into the bar where we were—I had not seen him before; I had only just come home by train in company with the deceased—we had come out of the station.
JAMES WHITELAW YOUNG . I live at 160, May grove Road—I am a tailor—I remember being in the public-house while the disturbance was on—a lot of loud talking and swearing directed my attention to it—I saw the prisoner and the deceased—they were talking about fighting—the barman turned them out—after that I heard a thud on the pavement.
Cross-examined. I saw the prisoner afterwards—I said "You ought to give your name and address," and he gave it readily enough—he wrote it himself and handed it to me.
ALBERT PLATT . I live at 10, West Hampstead Mews—I am a groom—I remember being in the public-house while this disturbance was on—I remember the prisoner and Woolidge being turned out—I went out with the prisoner—I saw Woolidge strike him as soon as he got outside the door—he never said a word to Woolidge—he struck Woolidge back—I saw Woolidge fall down.
Cross-examined. The men were having a row in the public-house—Woolidge was abusing prisoner when I went in—they were talking about fighting—Woolidge said: "If you want anything you had better come outside"—they were facing each other when the first blow was struck—the first blow was struck by the deceased man, and then the prisoner returned the blow.
Re-examined. When the deceased said "If you want anything you must come outside "I do not know what it was in answer to—I did not hear any conversation before that.
JOSEPH JOHN ATKINSON . I am an electrician—I was not in the public-house where this disturbance took place—I remember it—the prisoner came out first and the deceased afterwards—prisoner said to deceased "Do you want to fight?" and Woolidge said, "yes, he did"—deceased struck the first blow—prisoner retaliated, and the deceased fell on his head—that was all I saw.
Cross-examined. Prisoner helped pick him up, and gave his name and
address—I had been in the house, but came outside—I did not hear what was said inside.
WILLIAM HART (Police-Sergeant 72 S). I arrested the prisoner on this charge—it was about 8.5 on the morning of September 9th—I told him the charge—he said "All right, I know; when did he die?"—I told him about 6.30 that morning—I then took him to the station and charged him—he made no reply to the charge.
Cross-examined. I have made enquiries about the prisoner, and I find him to be a very respectable man—he is employed as a milkman—I was present at the Coroner's Inquest—I heard the prisoner make a statement. Prisoner's Statement before the Coroner:" On Wednesday last I had been out since 6.30 p.m.—I had had two glasses of beer at the Hallway Hotel—I then went out for a walk—I knew the deceased by sight—he was standing in the bar—he said, 'I want none of your fleas; get further away'—I was standing there and words ensued between us—the witness Cook came up—I said I want no bother—deceased wanted to fight—I told him he could not fight—he then said, 'I will fight you for what you like,' and I suggested 5s.—deceased said he had not got 5s., and turning to Cook he asked him to lend him 5s.—Cook said he had not got it—deceased said, 'Come outside, and I will fight you for nothing'—then the barman told us to go outside, and deceased went out—the barman said,'You had better go, too'—I was proceeding to go outside, and before I got off the step the deceased struck me—I put up my arm in self-defence, and the deceased fell on the back of his head with a terrific thud."
CHARLES ROBY SMITH . I am a medical practitioner, at 48, Mill Lane, West Hampstead—at 6.30, on September 9th, I was called to see thfe man Woolidge—I found him dead—I examined him—I found a mark on the right temple and a swelling on the head—the mark on the temple had been caused by a blow from a fist—the mark on the back of the head was caused by a fall; it was consistent with a fall on the back of the head—I found fracture of the skull, and extravasation of the blood on the brain, amounting to about 4 or 5ozs., which no doubt produced compression—in my opinion that was the cause of death.
Cross-examined. You could see the mark of the blow on the side of the head internally on the brain—it was the fall on the ground that caused the injury—the blow on the head would not be serious without the fall.
Prisoner received an excellent character.
NOT GUILTY .
NEW COURT.—Tuesday, October 26th, 1897.
Before Mr. Recorder.
658. ABEL PRICE RADCLIFFE (38) , PLEADED GUILTY to stealing £4 3s. 4d., £2 10s., and £1 15s. of Wyndham Thomas Gibbes and others, his masters; also to unlawfully making false entries in the books of his said masters; also to unlawfully attempting to murder himself.— Fifteen Months' Hard Labour.
660. ALFRED WALTER HEWER (63) , to stealing orders for £45, £25, and £7 10s., also orders for £40 and £25, of Walter Bass Pentelow, his master.— Five Years' Penal Servitude [Pleaded guilty: See original trial image.]
MR. KERSHAM Prosecuted, and MR. BLACK Defended.
RAYMOND WOOD . I am a machinery agent of 52, Blurton Road Clapton—Messrs. Home sent me in April this bill for £167 16s. accepted by them, and I signed it as the drawer—I knew the prisoner slightly, and had had transactions with him before—I wrote to him, and two or three days afterwards I showed it to him and said that I wanted it discounted—he said that he had a banking account at the Mercantile Bank, Old Jewry—I gave him the bill, and on April 24th I saw him outside the bank and stood outside while he went in—he came out in ten minutes with the bill and said that he had seen the manager who would discount it, but that it required my endorsement, and the money would be paid on Monday, and the rate would be 5 percent—I endorsed it and handed it to him, and he took it into the bank and came out and said that the bill was all right and we should get the money on the Monday—I arranged to be there at eleven o'clock on the Monday, and went and waited an hour but he did not turn up—I employed a detective to find him, but did not see him till August 7th—I received this letter: "Old Jewry, Monday. Unable to get to the City till late, being engaged on important business; I will meet you tomorrow, when the matter can be discussed"—I enquired at his private address but was unable to find him.
Cross-examined. I carry on business at my own home—I first met the prisoner about the beginning of April; that was merely an introduction then—I was not particularly pressed for money—Mr. Home was supplied with a machine for making stoppers; I have not got any books to show that, but I have receipts—I have no banking account—he has received 2 1/2 percent for discounting the bill—it was not an accommodation bill—Mr. Home and the prisoner and I did not meet in a public-house and discuss the matter; it was not discussed in a public house—it was-not at the King's Head that the prisoner was introduced to me, I met him in the street—the first bill was for £65 and was discounted at Mr. Fieldingls at 15 percent., and there was a balance when it became due—the prisoner did not tell me when he came out of the bank that the manager wanted to see me, but that he wanted to see the bill—I endorsed it at an hotel in Gresham Street—it was discounted for a quantity of wine for a Mr. Shopper who came to see me on May 14th—this Bill is-dated on a Sunday; it was Easter Sunday—it was drawn up in my place on the Friday or Saturday, and dated on Sunday in error—I did not say that it was better to date it on Sunday as there might be legal proceedings upon it, and some delay would arise—the prisoner did not tell me he had been trying to get a number of persons to discount the bill, he put it in his pocket, and that was the last I saw of it—he did not say, "If I can open an account with this bill I will get it discounted," he said, "I have a banking account there"—he said 5 percent., not 7 1/2—Mr. Shopper went to the acceptor about May 14th and tried to get the signature verified; but he was away—we went to see Mr. Shopper and asked him where the bill was—he said that he had returned it to the prisoner—I told him that the prisoner had stolen it from me—Mr. Shopper told me he would not have anything to do with
it, and returned it to the prisoner—he did not tell me that he had advanced wine on it—the prisoner did not write to me at the only address he knew, Mr. Home's—he did not frequently address me there, he knew my private address, where I have lived over sixteen years—I did not say ten years, I said over ten—that was the only letter I received from him—he sent Mr. Home to me to explain—I did not tell him he could take money or goods for it—he never offered me wine for it, I never knew he dealt in wine—this bill has been met—proceedings were taken against Home on the bill.
Re-examined. I obtained leave to defend on that occasion—I continued to search for the prisoner, and was unable to find him till July 17th, or the bill.
WILLIAM ARTHUR SMYTH . I am manager of the Mercantile Bank, Limited, Old Jewry—the prisoner has never had any account there in his own or in any other name—he has never asked me to open an account except with this bill—I said that I never opened accounts in that way—it is not true that I agreed to discount this bill for five percent, or for any sum at all, or that he should have the cash the following Monday—Mr. Wood called on me three or four days afterwards.
Cross-examined. I do not recollect the prisoner, but I think I have seen his face before—I have said "The last statement is not correct, it is not true," but that was not an interview which would impress itself on my memory, a stranger coming in in that way.
Re-examined. I never sent a clerk to Messrs. Home.
MARTIN SHOPPER . I am a general merchant, of 20, Bucklersbury. On April 30th Hayes brought me this bill for £187, and said he wanted it discounted, and produced some references as to the solidity of the parties, I said, "According to these references this seems to be a decent bill; I will see what I can do with it," and asked him if it was his property—he said, "Yes"—I returned it, and he came again on May 4th, and I gave him a receipt for it, and passed it on to Brydon & Co., who gave me wine for it, for which I gave the dock delivery order to the prisoner, and it has been acted on—the wine is not there now. On May 14th Mr. Woods and Mr. Home came and saw me—they said, "This bill is in wrong hands"—it was very late in the afternoon, and I wanted to get away, and said that I had given it back to Hayes—that was a lie—after that I communicated with Mr. Brydon.
Cross-examined. I had not written to them, but I had called on Mr. Horne with the bill to enquire whether it was all in order—I merely asked whether it was their acceptance, and saw the manager; he did not tell me it was stolen—he said it was perfectly correct—Horne called on me on Saturday afternoon, when we were all going away—I did not tell them that I had discounted it for wine—they did not write to me later on or make further enquiries about it—I have known the prisoner five or six years—he said that he was a public-house broker, and had been doing that sort of business, so I concluded that he had received it, and was not surprized that he should take wine for it, because be could place it—my clerk took a telegram to the office addressed to Mr. Wood—I do
not know where the wine is now, or whether, in consequence of these criminal proceedings, he has been unable to dispose of it.
By the COURT. I got £15 commission on the wine—I did not tell them at once that the bill was stolen, as there was no reason why they should come to me.
FREDERICK HOLMES (City Detective Inspector). I received a warrant for the prisoner's arrest on July 27th, and executed it on August 7th—I read it to him, and on the way he said, "Could I see the warrant?"—I said, "Yes"—he read it, and said, "Well, if I have done wrong I must put up with it"—I found this letter among his luggage.
Crass-examined. He did not say, "This is a case which should be determined in a civil court"—that was the only conversation.
GUILTY .— Judgment Respited.
MR. WADDY Prosecuted.
STANLEY JAMES WRIGHTSING . I am clerk to Smith & Cade, merchants, of 2, Aldermanbury—the body of this cheque of September 2nd is in my writing, it was put into an envelope, and put out for the office boy to post or take by hand.
Cross-examined by the prisoner. It is crossed—I do not know whether you negotiated it.
JAMES DRAPER . I am office boy to Smith & Cade—On September 3rd I took an envelope addressed to Weeks & Cooper—there was a mark in the corner of the envelope, which means that there is a cheque inside—I gave it to the prisoner, who gave me this receipt (produced).
HERBERT THOMAS WEEKS . I am one of the firm of Weeks and Cooper, manufacturers, of 23, Carter Lane Square—the prisoner has been our clerk since May, 1896—he had to attend to the whole of our books and accounts—he had no authority to endorse cheques—this endorsement. is his writing—the cheque has not gone to our account; we have had no benefit from it—on Friday, September 10th, I dismissed the prisoner, giving him a week's wages in lieu of notice—on the Tuesday I received this letter from him. (Stating that he had been wandering about the streets tver since he left, being afraid to go home and tell his wife, and that he could not tell what induced him to do wiat he had done, that he had received £6 5s. 9d, last Friday, which he had got if it was asked for)—he afterwards attended at the solicitor's office, and pointed out various items, and admitted that he had appropriated this cheque and another, and could pay it back at the rate of £5 a quarter.
Cross-examined. We had a good character with you—I pointed out the amounts you were to collect, and when you got them you handed them to me for endorsement, and I handed them back to you to pay into the bank—I used to balance the cash book with the pass book—they always agreed—we authorized your having extra discount to get money in which was over-due—you never had authority to endorse cheques when I was not in the office, and I am not aware that you have done so—when I met you at Mr. Week's office I said, "If you wish for any consideration you must make a clean breast of everything"—you were not then under arrest—we paid you 30s. a week for 15 months—the books balanced
within £6 or £7 on July 15th—the accountant said that the books had not been kept as they ought to be, and that was the reason I discharged you—I bank at the London and County Bank.
GEORGE GODLBY (Police Sergeant). On September 22nd I saw the prisoner at Adelaide Road, Clapham Common—I told him I was a police officer and should take him for embezzling money of his master, and for several forgeries, I drew six cheques out of my pocket, he looked at them and said, "Those are my signatures, I thought Mr. Weeks had condoned it as I went to see him in the office and asked him to take £5 a quarter"—I produced this letter, and he said, "Yes, that is the letter I sent."
The prisoner's statement before the Magistrate: "I think it was Mr. Weeks intention to condone the offence; he has been induced by the police to put another construction on it."
Prisoner's Defence: I received 30s. a week instead of a position of £300, which I formerly had. I thought I should be able to repay the amount. I never intended to defraud him of the money.
GUILTY .— Fourteen Months' Hard Labour.
GUILTY .—The prosecutrix had been recently confined, and the prisoner promised to provide for her.— Judgment Respited'
MR. MORRIS Prosecuted, and MR. ROOTH appeared for MILLARD.
FREDERICK LAIDLAW (Policeman). On September 6th, at eight p.m., I was with another policeman in Goldsmith Row, both in plain clothes, and heard Mallard, who was about 3 yards off, say to another lad "I took the letter from the letter box at 2, Tudor Road while the others were on the look-out—we then opened the letter, and there was a cheque in it for £3 14s. 5d.—we went and signed it and Lock took it to old Mo in Hackney Road, and said he came from his bloke to buy some timber, and old Mo cashed it for him," Short said, "Yes, and he had a jolly good spree with Ladder," that is Mallard's nick name—Lock is Lockyer—I went and made enquiries, and then arrested Mallard—he said nothing.
Cross-examined by MR. ROOTH. At the time I overheard the conversation I did not know that the cheque had been lost—I am not a detective officer, nor was the officer with me—it was getting dark—it was not a crowded thoroughfare, there was nothing to prevent them seeing us—there were about seven boys altogether—I walked away a few paces and made a note of this.
By the COURT. I knew "Mallard by sight. I have seen all the three prisoners for the last three months.
Cross-examined by Lockyer. You three came down Goldsmith Row together and met the other four boys.
2, Tudor Road while the others looked out: there was a cheque in it for £3 14s. 5d., we took it to old Mo and had a booze up together."
Cross-examined by MR. ROOTH. This slip did not belong to my book, it was not made at the time—Latham's evidence was given first, and I got up and corroborated him—I said on the 6th instant I heard the prisoner and Mallard talking about having the cheque and having a booze up—there was no need to give this statement, as Latham had said it.
By the COURT. I knew Mallard and Short before—I was called as to Short, but Mallard was the first who was arrested and Short the second—Mallard was arrested on the 12th, and sufficient evidence was taken for a remand—Moser gave his evidence first to the Magistrate at North London on the 14th before I had arrested Short.
OWEN MARRELL . I am a timber merchant, of 423, Hackney Road—a lad about 18 brought me this cheque—I don't think it was either of the prisoners—it was endorsed" G. Saunders" only, but drawn to G. F. Saunders—I asked him where his master lived—he told me, and I said that if he brought it back properly endorsed I would pay it—he brought it a second time endorsed "G. F. Saunders"—it was for £3 14s. 10d., and I gave him £3 9s. 6d. after he had made a small purchase.
Cross-examined by Short. I picked you out at the police-court because you rather resembled the lad—I fancied I had seen you before—you resembled him in height and complexion.
Evidence for Short.
RICHARD LOCKTER (The prisoner). I have pleaded guilty to this forgery—I found this cheque outside the Nag's Head on Monday morning as I was going to work—I do not know the day of the month—it was wrapped up in a bit of newspaper—I took it home when I went to dinner, and afterwards went and put the name on it which was on the cheque, and got the money for it—I was with Mallard that day talking to some boys at a corner—I did not think there was any harm in it.
Cross-examined. I did not say to the constable, "Short and Mallard showed me the cheque," they had nothing to do with it.
Evidence in reply.
BERNARD FINUCANE (Police Sergeant J.) I arrested Lockyer on September 27th, and told him the charge was being with several others and stealing a letter and endorsing a cheque—he said "Yes, Mallard and Short showed me the cheque, and I like a fool put the name on the back and took it to old Mo and got the money."
GUILTY —MALLARO then PLEADED GUILTY to a conviction on October 9th, 1896, and two other convictions were proved against him. Nine Months' Hard Labour.
SHORT— Eight Months' Hard Labour.
LOCKYER— Six Months' Hard Labour.
THIRD COURT.—Tuesday, October 26th, 1897.
Before Mr. Common Serjeant.
667. ROBERT CONWAY (39) , to four indictments for stealing a bag and other articles the property of the London and North-Western Railway and others— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
668. FRANK MANDRIEL, alais RANDALL * (31) , to five indictments for stealing letters containing orders for the payment of money, to forging orders with intent to defraud, and to receiving the said letters.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.] And
(669) JOSEPH FITZSIMMONS ** (21) , to robbery on William Osborne, and stealing a knife and 6s. his property, and to a conviction of felony at Clerkenwell, in December, 1892.— The prisoner was stated, latterly to have obtained employment.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
NOT GUILTY .
Mr. Guy Stephenson, for the prosecution, offered no evidence against Dumbleton.
NOT GUILTY .—PRING PLEADED GUILTY .—He received a good character.— To enter into Recognizances of £25 to come up for judgment.
MR. C. M. NELSON Prosecuted.
ANN TOFLER . I live at 8, William Street, St. George's-in-the-East—about four p.m. on October 5th I was walking through Cable Street with my purse in my hand—Downes came behind me and struck me in the back with his fist—I took him by the collar and got my purse back—we struggled—he struck me in the face, gave me a black eye, my nose was swollen, my lips were cut twice—I kept hold of him—Cronin struck me on the shoulder and back—there were five fellows there, but I could only identify two—I had a good look at them—I saw no constable, and they got away—I gave information at the police station—I was too ill the same evening, but the next morning I picked the prisoners out at once from 15 or 16 fellows—I am quite sure about them.
Cross-examined by Downes. I did not notice your clothes; I looked at your face—I was ill for the next week.
FREDERICK WENSLBY (Detective, H). I arrested Cronin about nine p.m. on October 5th, in Leman Street—I afterwards saw the prosecutrix—she had a black eye and her face was bruised—I told Cronin the charge—he said" it was not me"—the prosecutrix identified the prisoners the next morning from other men, without hesitation.
present when the prosecutrix picked him out without difficulty the next day—she was suffering from a black eye and another mark on her cheek, and she complained of feeling bruised about the body and arms—she was too ill to attend at the station to identify the prisoners the same night.
Cross-examined by Cronin. The prosecutrix shewed the magistrate her eye and face—it was black in the corner.
Re-examined. The Magistrate investigated the case two days after the assault.
The prisoners' statements before the Magistrate: Cronin says, "I know nothing at all about it." Downes says, "On Tuesday morning at nine o'clock I was outside the dock gates till 9.30 looking for work. From there I went to a coffee-shop in Cannon Street Road and had some dinner. I waited till one p.m., and then returned to the dock gates. I stopped there till 3.45 p.m., and then went on to Commercial Street. After 5, 10 p.m. to 5.45 p.m. I was walking through Cable Street. I was going to have a drink with some chaps when Detective Wensley came to me and took me.
Witness for Downes.
EMMA SCHAPFER . I live at 8, North-East Passage, St. George's-in-the-East—my husband is a sealskin dresser and dyer—the girl Downes keeps company with (Annie Bearon) lodges with me—on October 5th I went to Cannon Street, East End, with my little girl between two and three p.m.—I saw Downes standing at the top of Bed Street, which leads out of Cable Street, talking to a man—I wished him "good morning" and passed on—coming back three minutes afterwards I saw him still standing talking with the man—I asked him to come and have a drink—he came with me into the Blue Anchor public-house—I left him there with my sister's little girl and went to call my sister, who had come to visit me that day—she lives at Hackney Wick, about half an hour's journey by tram or train—I went and called her to have a drink—she was in my room, which is about two minutes' walk from the public-house—she brought her other little girl, and we stayed in the public-house till between five and six—we had two or three drinks and were talking together—the prisoner was there all the time drinking too—Rearon came in to look for him—we came out of the public-house and stood a few minutes at the top of the court, when Downes said, "I must go," and left us—I did not hear of the assault till the prisoner was brought up at Arbour Square—I went there.
Cross-examined. Rearon is a cloth sorter—I looked at the clock when it was 5.15—Downes did not leave the whole time—I was talking with Downes and his young woman—I did not know the man who was talking to him.
Cronin's Defence: The detective asked me to come to the station about a job in Cable Street, as I was wanted there. I said I knew nothing about it. He said I need not be frightened if I knew nothing about it.
Downes in defence repeated that he was not present at the assault and knew nothing about it— GUILTY . They PLEADED GUILTY to previous convictions of felony, CRONIN **† at this Court in October, 1896, and DOWNES **† at Clerkenwell Sessions in August, 1896— 12 Strokes with the Cat and 12 Months' Hard Labour each. The prosecutrix was awarded£1 for her courageous conduct.
MR. LEICESTER PENRHYN Prosecuted.
THOMAS SPIERS. I live at 3, New Street, Staines—I shall be 63 years of age on 22nd of next March—I work at a Linoleum factory at Staines—Sunday, June 27th, at 5.5 p.m., I got into Church Lane—about 300 yards down the lane, the prisoner Allen, whom I have never seen, came out from a gateway into the lane and asked for 2d.—I said "No"—she said she would have 6d.—I said she would not, and if she did not get out of my way I would hit her over the head with a stick—she shouted" This blooming old s—has hit me over the head with a stick"—Weston came out from the hedge, struck me on the side of the head, broke my hat, and I fell to the ground, when he took 1s. 9d. and my watch and chain, knife and key; all I had except a telescope—Allen stood about 3 yards off—Weston said, when I was on the ground, "You blooming olds—, I'll see whether you have got no money on you," and searched my pockets—he held my head down and nearly choked me—he hit me on the nose, making me let go my watch—she said, "George, George, get off him"—I lost my senses—he got up and left me on the grass—I could not get up for several seconds—I got up and passed them and turned back, and said, "Mind, you have done something you will be sorry for by-and-bye"—Weston said, "You b—old s—, I'll cut your throat"—I said, "You have done quite enough"—he took out a pocket-knife, and I run about 30 yards—four bicycles came, and I tried to stop them—I heard a horse and cart coming, and met Inspector Blake, and gave them into custody—the watch, chain, knife and key produced are my property—the road is very lonely—it was broad daylight, and the time was about 5.30 p.m.—I did not hit Allen.
Cross-examined by Weston. I never spoke to you till you got me down.
Cross-examined by Allen. I did not go with you and another woman into a field—I did not see you till you came out of the gateway—I did not say, "How are you going on I" nor ask you to come with me—you did not reply, "All right"—I did not ask you who it was with you, nor hear you reply, "My mate"—I did not know your name was Giles till the constable told me—we did not go into a ploughed field—I did not say before the magistrate that you caught hold of my collar—I did not put 6d. in your hand—I did not speak to you two seconds—Weston did not come across the field and say, "What are you doing to my missis?"—I fell in the road where Weston pitched me on to my head, I cannot hear so well now; he hurt my leg, and for three weeks I could not do any work—I did not tell you my wife was in an asylum.
ARTHITR BLAKE (Police Inspector). On June 27th I met Spiers about 5.30 in Church Lane—I was with three friends, off duty and in plain clothes—he said he had been knocked down—I arrested the prisoners—I told Weston who I was—he said, "I did not rob the man"—he took two watches out of his pocket—Spiers identified one as his, and said the woman gave it him—I found the key and knife on Weston—they were taken into cusoody and charged.
Cross-examined by Allen. You produced 6d, which you said the man gave you.
The prisoners' statement before the Magistrate were: "We are innocent."
In Defence, Weston said that he was out for a walk, fell asleep, when he heard someone call, and went to Allen's assistance, who said the prisoner had assaulted her; thai he asked Spiers what he did that for, when he struck him with his stick on the shoulder, and while walking up and down the lane, Allen picked up the watch and handed it to him with the key and knife. Allen said the prosecutor beckoned her and gave her 6d. to go with him into the field, wlien a dispute arose and he struck her with a stick, slie called for help, and Weston pushed Spiers, who fell in the road, and she picked up the watch, knife, purse, fifteen pence, and a key, and said to Weston,"Look what he has dropped, then he replied, "If the old b—wants them let him come back" and that she had known Spiers for many years, as he had told the Magistrate.
ARTHUR BLAKE , re-called. On being searched, on Weston were found two silver watches, one chain, two pocket-knives, 7s. 6d. silver, 2 1/2d. bronze, a foreign coin, one key, and a tobacco-box; and on Allen 4 1/2d. bronze.
GUILTY .—ALLEN†, Eighteen Months' Hard Labour; WESTON*†, Three Years' Penal Servitude.
MR. HENDERSON Prosecuted.
WILLIAM VOICE . I am an omnibus driver, and live at 3, Chapel Street, Park Walk, Chelsea—between twelve and one on Saturday, October 2nd, as I was walking home from work in Park Walk I was struck from behind on the back, my overcoat, which was open, was pulled off, four men surrounded me, I was bruised in the face, I fell on the ground, and became almost insensible, my pockets were rifled of £2 in silver, and my watch, chain, and a bunch of keys taken—this is the overcoat which was dragged from my back—I was kicked and hurt on my back, chest, and head—all the men kicked me—I saw the prisoner kick me in the face—they all ran off—I held one by the leg, but was so weak I let him go—I did not go to work for two or three days—I identified the prisoner easily from twelve or fourteen men—Mr. Davis brought me my coat back.
Cross-examined by the prisoner. I did not say before the magistrate that I had never seen you till I saw you in custody, I said I had never seen you till the night it happened—I was not drunk—I had had three glasses, four perhaps—I had come off my bus about nine p.m. in Farm Lane.
CHARLES DAVIS . I am a hairdresser, of 9, Park Walk, Chelsea—on Saturday, October 12th, I was in World's End Passage when the prisoner asked me if I wanted a steamboat—I answered, "Yes," not knowing what he meant, and, having a cup of coffee with a friend, walked up the King's Road—the prisoner followed us, and called me back—my friend went indoors—the prisoner pulled a coat over the railings of some gardens in Park Walk, and said, "This is it, will you take it and mind it for me till tomorrow?"—I said, "Yes," and took it in
doors—I did not have time to look at the coat till Monday when I felt in the pockets and found letters addressed to 3, Chapel Street, and so found the owner of the coat was the prosecutor—I had seen the prisoner before several times outside my shop-—I next saw him at the police station and recognized him.
Cross-examined by the prisoner. I did not give the prosecutor a description of you—I told him nothing.
Cross-examined. I ascertained you lived at a common lodging house—I found nothing there.
The prisoner, in his defence, stated that he found the coat on the railings and asked Davis to mind it, but he knew nothing about the robbery nor the violence. He knew tie should have taken it to the station
GUILTY .*†—He PLEADED GUILTY to a conviction of felony at Westminster police-court in December, 1894.— Eighteen Months' Hard Labour.
OLD COURT.—Wednesday, October 27th, 1897.
before Mr. Justice Ridley.
MESSRS. CHARLES MATHEWS and HORACE AVORY Prosecuted, and LORD COLERIDGE and MR. GEOGHEGAN Defended.
JOHN WHITPORD TURNER . I am proprietor of the Midland Temperance Hotel, 74 and 76, Guildford Street—On August 14th the prisoner came tbere with a lady, giving the names of Mr. and Mrs. Scott, with the address Gas Works, Ludlow—they brought a parcel—the prisoner said that he bad lost his luggage in coming up from Scotland, and that he had seen the London and North-Western people who said they would send it on—he had been to my hotel before with the same lady within the last 12 months—on this occasion they occupied one room on the second floor—at the end of the first week I sent in the account; it was not paid—at the end of the following week, on Saturday, August 28th, at eight in the evening, I spoke to the prisoner—he said he had received information from the North-Western Company that day that his luggage had been found, and that it had been sent to Ludlow in mistake, that it was now at Euston, and he would go down and fetch it, and get his chequebook out and give me a cheque for the account—no luggage arrived after that, or any cheque—in consequence of that, on the Sunday I declined supplying ahy further food—I last saw the woman on Saturday evening, the 28th, about 8.30, after I had seen the prisoner—I waited for her to come in—she went up to their room—she was then in apparently good health—I did not see the prisoner on Sunday, the 29th—I sent to their room some time during that afternoon, I think about three, and received an order for some soda and milk; I declined to send it—as far as I know nothing was supplied to them on the Monday; I was out all that day—I returned about eleven that night; I then heard something about the room, but I
did not go to it that night—on the following Tuesday, the 31st, I sent for a locksmith, who tried to pick the lock of the door, but failed; another locksmith came, but also failed—I saw nothing of the prisoner that day—on Wednesday, the 31st, before breakfast, I got a man to come from a building with a ladder which enabled him to look into the room—Sergeant Ramsay was passing at the time; I called him in, and he broke open the door, and I entered the room with him, and saw him take possession of some letters which were lying in the room, also a small table knife, a towel and a bottle—there were signs of blood in the room, on the knife, the towel, and a little in the chamber—I produce the key of the room and these two photographs—some letters and telegrams arrived in the name of Stormouth, I could not say they were for the prisoner, they were placed in the rack, and I saw him look at them; he did not take them—I handed them to the police.
THOMAS WILSON McLEAN . I am a shorthand writer employed at Liverpool—I identify the original of these photographs—they are photographs of my sister, Sarah Jane McLean—she was a single woman about 35 years of age—I last saw her alive sometime in the year 1895—I did not know of the relations which existed between her and the prisoner—I did not know that she was with him at the hotel in Guildford Street, London, in the course of this year—I first knew the prisoner in Coleraine—he was employed at the gas works there—at that time my sister was manageress of an hotel called The Corporation Arms—I know the prisoner's handwriting; I have seen him write—I have looked through the exhibits 3, 4, 5, 6, and 7; they are letter in the prisoner's handwriting—exhibit 6 is a letter-card, dated London, August 30th, and is addressed to me in Liverpool, where I received it upon August 31st—I kept it—I first received information of my sister's death from a paragraph in the evening papers on Thursday, September 2nd—I took no action upon it.
Cross-examined. So far as I know my sister was a healthy woman—she never ailed to my knowledge—I should say she was a person of strong health—I did not know that she had been in several health resorts—I would not say she had not—I received a telegram on August 27th, "Oblige wire three pounds immediately, loan for week, money down; am little better; writing, urgent. McLean, Holborn Branch Post-Office."—I replied that I had no cash to send that day—I did not refuse.
GEORGINA TREMOUTH . I am a chambermaid at the Midland Temperance Hotel, 76, Guildford Street—I waited on the prisoner and the deceased woman while they stayed there in August last—I last saw the woman alive on the Saturday night, August 28th, between eight and nine o'clock in the evening—I took supper up to them—at that time they were both together in the room—the woman appeared to be in good health at that time—the next day, Sunday, I went to the room between two and three in the afternoon—it was in answer to the bell—I knocked at the door—the prisoner answered it—he opened the door just wide enough to speak to me—I saw him—he was in his shirt sleeves—as far as I saw there was nothing the matter with him at that time—I did not the see or hear anything of the deceased—I could not see into the room—prisoner asked me to bring him a soda and milk—I went down and spoke
to the landlord—I returned and told the prisoner that Mr. Turner would like to see him—I went up on a second occasion the prisoner opened the door as before—he said he would see Mr. Turner as soon as he was dressed—I did not see him again that day—I saw him on the Monday, about middle-day, at his bed-room door—I went up in answer to the bell—he asked me to get a bath ready for him in the bath-room—I saw him the same as before at the door, he was in his shirt and trousers—I did not see anything in the room—I got the bath ready for him—I did not see him go to it—I told him it was ready—I was not able to see into the room at all on either occasion—I saw nothing more of the prisoner after that—I did not know he had left the house except from what I heard after—I did not go to the room again until Monday night—I could not say the time exactly—I found the door locked—I knocked and got no answer—Mr. Turner was away at the time—I told Mrs. Turner.
Cross-examined. On the Sunday or Monday I did not ste more of the prisoner than I could see through the crack in the door.
Re-examined. I could see his face—the door was opened a little way, enough for me to see him—I saw no sign of his throat being cut at that time; he had a muffler or scarf round his neck; he usually wore it.
By the COURT. Another chambermaid could tell whether he used the hath on that day.
ANNIE BATES . I am a waitress at the Midland Temperance Hotel, 76, Guildford Street—I was there on Monday, August 30th last—I did not prepare the bath on the afternoon of that day—I cannot tell anything about the bath-room—I saw the prisoner in the hall upon that afternoon—he was then fully dressed—he had on an overcoat—I saw him leave between two and three—he went out—that was the last I saw of him until I saw him in custody.
THOMAS APPLEGATE . I am a porter at the Midland Temperance Hotel—I remember the prisoner being there—I saw him on Monday afternoon, August 30th, between two and three o'clock, on the secondfloor landing—he was in his shirt sleeves—I believe he had a waistcoat on—he asked me if I would lend him a coat as he wanted to go out on urgent business, and his own had been sent to be cleaned—he said he was going to Fleet Street, and would want it for an hour or an hour an a-half, not longer—I said, "Well, this is rather a shabby coat for a gentleman to wear, but if you are in such a dilemma, you can have it for a little while"—during the conversation he seemed cool and composed—he did not seem in anyway excited; he answered questions reasonably enough—he made the remark "I think I will chance it," when he tried the coat on he returned to his room, and that was the last I saw of him then—I next saw him at Clerkenwell police court—he was then wearing the coat I lent him.
GEORGE WILLIAMS . In August last, I was at Messrs. Wilshire & Co.'s. Chemists, 80, Lamb's Conduit Street—I was in charge of the business at the time—On August 26th or 27th last, the prisoner came to the shop for some laudanum—he asked for three-pennyworth—that is half an ounce—he said he wanted it for pains in the inside, dysentery—I supplied him—I put it into a bottle which he brought with him, this (produced) is the one—it is labelled "I. Mawson & Son, Laudanum, Poison"—On the 28th the prisoner came again and asked for some strychnia—he said he wanted
it for a friend at Blackpool for poisoning a dog—I refused to supply it—the same afternoon a woman came to the shop—I distinctly recognize that photograph of her—she asked for an ounce of laudanum—she said she wanted it for her husband—I supplied her with sixpenny worth; this is our label on this bottle; I do not know whether it is our bottle—it was in a bottle that size.
Cross-examined. In an ounce of laudanum there would be 32 grains as nearly as possible—14 1/2 minims is supposed to contain a grain of opium—the first time the prisoner came he said he was in the habit of taking it—I am not sure of the date the first time he came—before the Coroner I said it was the 25th or 26th as near as I could fix it—it was either Wednesday or Thursday.
Re-examined. When the prisoner first came I asked him what the laudanum was for; I had to satisfy myself whether I should sell it or not—he said he wanted it for internal pains—it was in answer to my question.
GODWIN JOHN SKINNER . I was in charge of the shop of Messrs. Mawson & Co., Chemists, 124, Southampton Row, in August last—I remember a woman coming to the shop and asking for laudanum some-where about August 26th—I think it was the 27th or 28th—I cannot say if that is a photograph of the person—I have no recollection—I refused to supply it at first—after some conversation she produced a small glass bottle—that is it—it bore the name of another chemist which I do not remember—I supplied her with half an ounce of laudanum in that bottle and put our own label on it.
HENRY HOIGHTON . I am assistant to Mr. Wills, Chemist, 30, South-ampton Row—I remember a man coming to the shop on Saturday, August 28th—he gave the name of "W. Scott," he gave also an address—I entered the name and address under his instructions as he gave them to me—he signed the entry in the name of "W. Scott." (Book produced).
HENRY HOIGHTON (continued). The name and address given to me by the prisoner was, "W. Scott, 10, Brighton Road, North Shore, Blackpool"—he asked for strychnia for killing a dog—I did not supply him—he gave as his London address, 75, Guilford Street—I told him we would supply it when the assistant came back—he then went away—this was between one and two—we did not send it.
ROBERT BIRD . I am a chemist, of 103, High Holborn—on Friday, August 27th last, the prisoner called at my shop about seven o'clock in the evening—he produced a half-ounce bottle and asked to have it filled with laudanum—I enquired closely what it was for—he said he suffered from dysentery and was in the habit of taking it—I supplied him with half an ounce—about mid-day the following Saturday, he came again and brought another half-ounce bottle—it was filled again—about three o'clock on the afternoon of the same day a woman came to the shop—she produced the same bottle the prisoner had brought in the morning—those are photographs of the woman—she asked for double quantity—I questioned her as to whether she did not come from the prisoner; she said she did, and also that it was absolutely essential that he should
have the quantity, because he was a great sufferer, and they were going on a long railway journey—I called attention to the fact that the bottle had, apparently, been elsewhere in the interval—it had another chemist's label upon it—it was Maw son and Son's, I think—after her statement, I supplied her with an ounce.
WILLIAM RAMSAY (Sergeant, 37 E). About eight o'clock on the morning of September 8th last, Iwas called to 76, Guildford Street—I tried the door of a room which was pointed out to me by Mr. Turner—I forced it open and found the dead body of a woman on the bed—I sent for the Divisional Surgeon—I searched the room—I found an ounce bottle on the mantel-piece, with the name "Robert Bird, Chemist," on it—it was empty—I also found a table-knife with bloodstains on it, and a towel with bloodstains on it—there is not much blood on the towel—I saw a small quantity of blood in the chamber and on the floor beside the table—the room did not appear to have been disturbed—I found a number of documents in the room—these are them (read) "29th August, 1897. Mrs. M'Lean, Liverpool. Dear Madam—Your most extraordinary and one-sided and selfish letter to hand. You ignore the fact that I gave up my position and ruined a successful career at your daughter's instigation. I had hoped to get on again and do well, but as I refused to desert your daughter several positions offered were withdrawn. She has been to several health resorts to no purpose. I have not seen her for some time. It is, however, of no avail, and the end must come for both, I know that I have erred, but liave paid a bitter price—your daughter likewise. I had a lovely home and good position, and gave all up for what has culminated in ruin. Your other ignorant impertinent remarks, curses, &c., are not worth notice. Had I not been unfortunate Sarah would have been a lady, and I have no doubt there would have been sychophants about instead of curses. P.S.—Sarah has just shown me her brother's wire. I am more than astonished. She would not have asked had I any money to give her. I have none. We have failed to mend it together so we will end it together. If I recollect aright Sarah was extremely kind to her brother and sister in Coleraine, and would be yet if she were in a position to be. I am not aware of any reciprocating, but I am sure her kindness was not extended with that idea, for my note referring to the brother's duty had simply got to do with the end, which is in heaven. When writing I had no idea of Sarah's wire. If she had looked after herself half as well as she did other people it would have paid her well today. She did not, and has to pay the penalty.—W. S. S."
" 27th August, 1897.—We have determined to put an end to our existence by poison as soon as we can get enough laudanum. Laudanum taken by both; my poor dear gone! The laudanum has had no effect on me, I must try other means. I don't wish to remain behind my darling.—W. S. S.
" I will not be long after you, and am now going to get as much "L" as I possibly can, it takes so much for me. If that fails, then the river; I have already written my people, who will be here; your bill will be met all right—W. S Scott "
" August 30th.—Dear Sir, your sister and I tried to put an end to this life on Saturday night with laudanum. She was successful, I was
not, so am now seeking my end, which will be to-day. You will get wire from hotel. The end of two fools more sinned against than sinning.—W. S. S."
THOMAS MURPHY . I am Divisional Surgeon of Police—about eight o'clock on the morning of September 1st I was called to 76, Guildford Street—in a room on the second floor I saw the body of a woman lying on a bed—she was dead—she lay in a natural position—she had her nightdress on—the clothes covered her in the usual way—the body was very much decomposed—I formed the opinion she had been dead three days at the least—I made an external examination—there were no open wounds—the body was too far gone to ascertain whether there were any bruises or injuries of that description—J was not present at the postmortem examination—I only made an external examination—on the morning of September 2nd I was called to Hunter Street police-station—I saw the prisoner there in custody—I examined him—about the centre of his throat there was a superficial wound about a quarter of an inch long—it was in an unhealthy and neglected condition—I examined his left wrist—there was a linear incision, but merely skin deep—it was to the full extent of the front of the wrist, from side to side, about two inches or more long—it was somewhat inflamed from neglect—neither of the wounds, such as they were, had been attended to—neither of them were dangerous in character, or likely to be dangerous to health—they were such as might have been made by the tableknife which has been produced—I enquired of the prisoner how the wounds were inflicted—he told me with a small table knife—I did not ask him who did it—he said he did it on the Sunday morning; that they were very painful to him, and they had received no treatment—it was on the Thursday night about 9.45 that I saw him—there was no indication at that time of his being or having been under the influence of any considerable quantity of opium, or of opium at all.
Cross-examined. He seemed to be in a weakly and depressed condition—that is not necessarily a sympton of having taken opium—when persons have taken opium and the effect of it has partially or almost entirely disappeared, it leaves them in a depressed mental condition and weakly state—it would be more the case *here a person has been in the habit of taking opium than where he has not—an immediate effect of opium is to excite the brain unnaturally—persons with their brains eo excited frequently suffer from hallucinations—it disturbs the mental faculties for a time—when the excitement passes away the consequence is depressed mental condition—the prisoner was a bearded man—the cut on the throat was just below the beard.
Re-examined. A person in the habit of taking opium would be able to write a consequent letter, whilst the opium was effective upon him—there was nothing in the prisoner indicative of his being in the habit of taking it—a man apparently in the full possession of his faculties able to write a consequent letter, and to answer rationally to enquiries made by servants at the door would have to be a confirmed opium taker to be so rational as that; if he had had a very considerable dose at the time—there would be considerable difficulty in ascertaining whether a man was a confirmed opium taker without his admission; I should not expect to find indications of it about him unless at the time he were under a
hallucination—suddenly depriving a man of opium who has been in the habit of taking large quantities of it produces considerable depression.
JAMES JACKSON CLARK . I am one of the surgeons of the South. Western London hospital, and late pathologist of St. Mary's hospital, and reside at 9, Old Cavendish Street—on September 2nd I made a postmortem examination of the deceased at St. Pancras mortuary—the body was well nourished, but decomposition had advanced—my first impression was that death had taken place two or three weeks before—but the appearances were consistent with death having taken place on the previous Sunday—there were no marks of violence on the body that I could discover, nor any signs of any disease to account for death—the stomach contained about three and a half ounces of partly digested food—I formed an opinion that the probable cause of death was opium poisoning—upon analysis I found about a teaspoonful of laudanum in the stomach, laudanum is a poison which is readily absorbed—I inferred that a much larger quantity must have been taken—about five hours would be the average length of time which it would take to act as a fatal poison—I believe as little as four grains of opium would be fatal in the case of an adult, a little more than four grains would probably remain in the stomach, probably about three times as much would be taken—my opinion is that would represent about two drachms of laudanum between taking the dose and the death, about two teaspoonf uls would be absorbed into the blood; at least three teaspoonfuls of laudanum must have been taken—I came to the conclusion that death was caused by poison in the form of opium—I found no quantity of opium in the stomach—the firstsymptom of opium poisoning are nervous depression—that would be a noticeable effect.
Cross-examined. It might cause vomiting; that is a very well-known consequence; I don't think it is usually the case—if a man accustomed to the drug took two or three ordinary doses of laudanum the stomach, would retain it; it might produce vomiting—22 grains of opium would contain about an ounce of laudanum, or a little more—if a man tossed down two or three ounces of opium he might retain it, or he might not;. vomiting might ensue—I would not say probably; if the person was unaccustomed to the drug it would be a well recognised symptom—I will not go farther—a person in the habit of taking it would be more likely to retain it—the result of taking small doses would be to produce sleep, and afterwards disordered digestion, a furred tongue, and a general feeling, of illness—the system would absorb three grains—the signs I found led me to the conclusion that there had been about four hours between taking the dose and death, and in that time about two grains might have been absorbed; if the interval was longer the absorption might have been more—in my opinion the quantity taken might have been greater.
PETER ROBERTSON . I live at 10, Opperley Road, Brixton—I have known the prisoner from 1892 or 1893—On August 30th this year, hecalled on me at my office in Ludgate Circus, about three in the afternoon—I had some conversation with him—he said he had been ill since he had seen me last, and risked if I could lend him some money—he asked for a sovereign—he told me that he had pawned his clothes, and asked if" I would take them out of pawn for him—I did not accede to that; I said I could not do anything till I had made some enquiries; I asked him to
give me the address of the hotel where he was staying; he gave me 76, Guildford Street—I went there later in the afternoon; he said he was going away or taking a journey—he had said something to that effect on a previous occasion—I asked him why he had not gone—he said he had been ill, but was still going either to Ludlow or Derby—I think he said Derby, that he was going home to his wife—he said a sovereign would take his clothes out of pawn, and also provide for his journey—I afterwards met him in the Grays Inn Road as I was going to the hotel, and I told him I would take his great coat out of pawn and pay his journey—I accompanied him to St. Pancras that same evening—I left him for half or three-quarters of an hour, and returned at 6.45; he was still there—I took his ticket and gave it to him, and saw him off; he was then wearing his great coat, which I had taken out of pawn that afternoon—he seemed rational then—I did not see him again till I saw him at the police-court—as far as I could see there was nothing the matter with him when I left him, he seemed in his ordinary condition; he said nothing about any injury to himself.
CHARLES MORRELL . I am an Inspector of the Derby Borough Police—in consequence of information received from London, I went on September 1st to the Newland Station, Derby, and made inquiries, and then went to 84, Abbey Street, and in the front room up stairs found the prisoner, between four and five in the afternoon—he was lying on the bed, fully dressed, in the room occupied by his daughter—I asked him if his name was Stormouth—he said, "Yes"—I said he was wanted by the police at Bow Street on a charge of murder, and I cautioned him—he replied, "It is a bad job, and it is a serious charge, I expected a visit from you, I attempted suicide once, but was not successful"—I took him to the police station, and there searched him, and upon him I found this key of his room at Guildford Street, I put it with the other property of his; he said, "It is the key of the room which we occupied, and which I locked prior to leaving the hotel, and the room where the body was found—in my presence he wrote this letter to his wife (read) "My dear wife, I am now about to be taken to London, and I beg and pray you to do your best for me, and to work with my brother, Hugh Anderson, and Mr. Jno. Kennedy, and see Mr. Wilson, and Mark. There will be no difficulty to find the best possible legal help."
Cross-examined. This is the entry I made in my pocket book—I had not this book with me when I gave evidence before the Qiagistrates, but I had an accurate copy of it—I unfortunately forgot the book—the words I gave in evidence before the magistrate were the actual words used by the prisoner, neither more nor less—he said, "It is a bad job; it is a serious charge; I expected a visit from you—I attempted to commit suicide, but was not successful"—this book was written in ink immediately afterwards at the police station.
WILLIAM CROSTON (Sergeant, E). In consequence of instructions on September 2nd I went to Derby where I found the prisoner detained in the lock-up—I said to him "I have come to take you back to London, I understand your name is Stormouth, otherwise Scott"—he said, "Yes—I said, "I will charge you with the murder, by poison, of a woman whose name I don't know at 74, Guildford Street, Russell Square"—he said, "I do; her name is Sarah Jane McLean"—I cautioned him as to
what he said—he said, "Yes, I understand; that is all right"—I took possession of his property; among it was this key—when I held it up, he said, "That is the key of the room where I left the dead body in Guildford Street"—on the way to London, he said, "This is all a farce, just a formality, but I may as well tell you that I am as innocent as you are"—he was charged at Hunter Street Station; he made no reply—he was subsequently taken before the magistrate.
GEORGE WOOD (Inspector, E). On September 2nd I formally charged the prisoner at Hunter Street Police Station with attempting to commit suicide—he said, "Quite right, I cut my throat and arm with a table-knife, I was not successful."
JAMES SCOTT . I am the medical officer of Holloway Prison where the prisoner has been confined since September 3rd—from then till October 11th I saw him almost every day once or twice—I could not detect any indication of his having taken opium in excessive quantities, or in any quantity at all—opium has only been supplied to him twice since he has been in prison, and then only in very small dosed in pills in combination with other things, because he complained of diarrhoea—persons who have been accustomed to taking opium in large quantities, and who are deprived of it suddenly are, as a rule, very nervous, frequently sick, restless, sleepless, and without inclination for food—they are very marked symptoms at the time—I have not observed any such symptoms on the prisoner during the time he has been in prison.
Cross-examined. Those symptoms would depend partly on the amount of opium that had been taken, and partly on the interval since he gave it up—in a person who had taken large quantities of opium, but was not a confirmed opium taker, most of the symptoms would rapidly disappear after ceasing to take opium, but symptoms of indigestion would be left for a few days usually, and after that the effect would probably pass away—there is no distinct external sign of whether a person is under the influence of opium except the pupils and the odour of the breath—the pupils contract usually when the effects are passing off—the abnormal state of the eye usually passes off as soon as the effect of the opium passes—I examined the prisoner's eyes—on the evening of his admission they "were in an ordinary state, and not abnormally dilated—there was nothing unusually marked about them; the pupils were rather larger than those of many people—contraction of the pupil is a sign of confirmed opium eating—dilatation of the pupil is not a sign I should look for—contraction of the pupil is the usual effect of opium in a large dose; it depends on the stage—possibly there may be contractions in the early stages and dilatation in the latter, but it is not so usually in my experience; I should expect a contracted condition—in cases going on to a fatal result probably jthere would be contraction in the early stages, and dilatation in the ktter; I should not expect it in other cases—to some extent it is a question of degree as to the stage—you cannot derive much information from the examination of the eyes of a person who has not taken opium for some time—opium taking leaves an effect on the tongue for some little time afterwards; it may be for a week or more—it is of varying character—depression of spirits, general mental distress and disturbance, lassitude and weariness are very marked frequently—the condition of the tongue and indigestion might be due to other causes.
Re-examined. When he first came he complained of feeling weak, and he looked harassed and tired—that was when he was in custody and under my care on this charge—he has not appeared abnormally depressed since.
GUILTY .— Death.
NEW COURT.—Wednesday, October 27th, 1897.
Before Mr. Recorder.
676. THE BARON DE GOURELLE (28) PLEADED GUILTY to three indictments for forging and uttering endorsements to three warrants for £10 each with intent to defraud; also to stealing three bracelets the property of May Harrold; also to having in his possession certain circular notes stolen out of the United Kingdom. The police stated that the prisoner's name is Pfeltzer, and that he had been sentenced in France to Five Years' Penal Servitude and expelled from the country, and that he induced a clergyman to accompany him to Paris to assist him in being reconciled to his parents there, and then robbed him of his watch and other property, value £100, and had also negotiated ten stolen circular notes.— Five Years' Penal Servitude.
677. WILLIAM WOODLEY (22) , to stealing four bicycles, having been convicted of felony at Bow Street on October 6th, 1894.— Fifteen Months' Hard Labour. [Pleaded guilty: See original trial image.] And
LOUIS HENDLE (45) , to obtaining cheques for £208, £20, £30, and other sums from Hugh Rogers Hartley and others, by false pretences— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. WOODCOCK Prosecuted, and MR. KERSHAW Defended.
GEORGE BLOWES (347 City). On the night of September 30th the prosecutor came to the station and complained—I accompanied him to the Cattle public-house, Furnival Street—he was bleeding from his left arm—he pointed out the prisoner, and said in his hearing, "This man stabbed me"—the prisoner made no reply—I took him to the station, and he was charged—he was sober—I found on him, amongst other things, this pocket-knife, it is very sharp, almost new.
Cross-examined. I arrested him a little before nine—the prosecutor went to the hospital and had his wound dressed—I did not know the prisoner by sight before—a man named Light was there—he wanted to charge the prosecutor with an assault—I told him to apply to the Alder-man in the morning—Furnival Street is dark—a large public-house is being pulled down there, and the large lamp is not lit—I observed Herbert there—he was not sober.
Re-examined. The clerk of the court would not listen to Light's application for a summons—he was in such a state.
STEPHEN HATHERELL . I am a law-writer, of 8, Huntingdon Street, Hoxton—At about 6.45 p.m. on September 30th, I was with Herbert at the Cafe Parisienne, 10, Furnival Street, next door to where I am employed—we were having a glass of beer—Light and the prisoner came in—they were strangers to me—some words ensued between Light and Herbert—Light challenged Herbert out to fight—we all went out—Herbert received a blow, and I thought they were going to set upon him—I struck Light, and we rolled in the gutter—he held my foot between his
legs—I said, "Leave go of my foot, get up, and I will fight you fairly," I wrenched it away, and when I came to use my arm, I found I could not—I thought I had hurt my shoulder in the struggle—During this the prisoner was standing in the road, and I then saw him jump back on the kerb and felt the pain in my arm—I was quite sober.
Cross-examined. I felt no blow—I did not hear the words between Light and Herbert—Herbert is also a law-writer—Edwards was there, too, but I don't think he saw anything—he had left to go to the lavatory—Light challenged Herbert to fight—I did not hear him say to Herbert, "If you have anything to say to me come outside"—Light and Herbert went out to fight—I do not remember that three or four people set on to Light—I knocked Light down in the first instance, and then he got up and closed with me—I was excited and thought they were going to set on Herbert—I did not know how this happened with my arm—I did not notice that Light had anything in his pocket—I am told he is a plumber—I did not notice that he had his tools with him—it was after I got off Light that T found my shoulder was cut—I said, "I think I have put my shoulder out"
Re-examined. I interfered because I thought that there was going to be unfair play—I am very sorry now that I did interfere.
FREDERICK GEORGE HERBERT . I am a law-writer, of 11, Furnival Street—I was with the prosecutor at the Café Parisienne—George Light and the prisoner came in—the prosecutor sat in front of me—I had my back towards the street—I said to Light, by way of jest, "Have you come to buy your beer here, you don't usually do so?"—I had known him by name and by sight for six years—I never had any quarrel with him whatever—he said, "No, you are b—law-writers"—with that I turned my back on them—it did not annoy me very much, I did not like it certainly—I said, "I do not think law-writers owe you any thing"—he said, "If you were to come outside I would make a mess of you"—I said he would find that out—he challenged me to go outside to fight, and we went out—the prisoner came behind me—I got struck on the back of my head—I do not know who by—of course my hat was knocked off—Light said to me, "Pick up your hat"—I said, "No"—the force of the blow pushed me forward—the prisoner and Light were in front of me, and were going to start fighting me—we were in the middle of the road—the prosecutor came to my assistance, and had a fight with Light—he knocked Light down—Light crushed the prosecutor's foot between his legs, and could not get up to continue the fight—eventually he got up and they had another round, and both fell together, the prosecutor on the top—I stopped to pick the prosecutor up—the prisoner was then standing on the kerb—as I picked hinj up the prisoner stabbed him—I saw the flash of the steel.
By the COURT. I did not call out, "He has got a knife" because I thought he had missed him.
Cross-examined. I was not intoxicated—it was more than half-an-hour before I saw a policeman—I went with the prisoner to the hospital—I went to some more public-houses—I had been drinking, but was not drunk—when I asked Light why he came here for his beer, it was by way of jest and not aggressively—I have heard that Light is an expoliceman—I
did not say, "Here is this b—policeman; he cannot knock us about or run us in, now," or anything of the kind—I do not think I have frequently had to do with the police about being drunk and disorderly—I know a man named Lepeul—I was summoned at Bow Street, a few years ago, for annoying him with some other law-writers, and bound over—he was very pleased we were bound over—when the prosecutor knocked Light down, several other people came up—the prisoner did not go to fetch Light's workmen to come and assist him—I did not see two plumbers' workmen come up at any time—it is false to say that four or five of us law-writers were worrying Light and assaulting him—I saw the prisoner stab down and thrust like that—I did not raise any cry that a knife was being used, or arrest him.
NOT GUILTY .
MR. LATHAM Prosecuted.
HERBERT GRIMES (704 Y). On October 27th I was called to the Stanhope Gardens, Harringay—I had seen the prosecutor at No. 72—after questioning him the prisoner came over to the next house with this knife open—I went towards him, and he went in and shut the door—I then went into the other house, and saw the prisoner on the ground-floor with this chopper, he was chopping up the sideboard, and said, "The first policeman that comes in here, oft goes his head"—he made several other threats, and then dropped the chopper and ran up Stanhope Gardens, and concealed himself behind some bricks—As I was going to arrest him he struck me with this tressle (produced)—I closed with him, and assistance came—I was placed upon the sick list.
Cross-examined by the prisoner. I was close to you when I fell—we fell together.
WILLIAM HAMPTON (451 N). I was called to 70, Stanhope Gardens, and saw the prisoner in the doorway with the chopper in his hand and a knife open in his breast pocket—I went into the house with the other constable—the prisoner said he would kill the first b—constable who interfered—I found the knife open, at the second gateway.
CHARLES WILLIAM KING . I was called to 70, Stanhope Gardens, by Grimes—the prisoner had a chopper and knife in his hand—I got in at the window with the constable—the prisoner got out at the front door and ran down Stanhope Gardens into Green Lanes, and concealed him-self behind some bricks—when I got there the constable had closed with him—he hit the constable on the left side of the face with this piece of wood—I am certain the constable did not fall over the tressle.
SARAH ANNIE STROUD . The prisoner came to 70, Stanhope Gardens, at about 3.30 p.m. on September 27th—he had a knife standing out of his pocket open—he used some threats to me, and I fetched a constable, who asked him what right he had there—he replied that he had a right there—I said he had not, and that the house was taken in my name—he had not been living with me since March, when, we parted company.
Cross-examined. I washed my hands of you—you did not take me to Southend on Bank Holiday.
Prisoner's Defence: I lived with her for twenty years; she was unfaithful to me, and we parted. I went back again to live with her, and found she was carrying on with another man. I taxed her with it, and she ran out to fetch a policeman, I said to her daughter, "I will smash up everything if she brings a policeman here," and I started smashing up the furniture. The policeman came round to the window. I dropped the chopper and ran along the road. The knife was in my pocket, and fell out, and the policeman opened it. As I ran the tressle stood in my way, and I threw it round so, and the policeman fell over it. I never touched him, and had no idea of doing so.
GUILTY **.— Six Months' Hard Labour.
WOODS.— Two Months' Hard Labour. WILLIAMS.— GUILTY , Six Months' Hard Labour.
THIRD COURT.—Wednesday, October 27th, 1897.
Before Mr. Common Serjeant.
MR. H. C. RICHARDS Prosecuted, and MR. WARBURTON Defended.
GUILTY .— Six Months' Hard Labour.
MR. HUTTON Prosecuted, and MR. BURNIE Defended.
NOT GUILTY .
684. WALTER WINSER DRAY (37) , Unlawfully and with intent to defraud, omitting to enter material particulars in books belonging to Donald Nicoll Abbott, his employers—other counts, making false entries in the said books.
MR. ROOTH Prosecuted.
DONALD NICOLL ABBOTT . I carry on business as William Barker & Son, wine merchant and distiller, at 48 & 49, Bishopsgate Without—I engaged the prisoner as traveller on February 6th, 1896, at a salary of £3 a week and a commission of 1d. a gallon on gin, 3 1/2 percent, on cordials, and 1 1/2 percent, on other spirits—his duties was to hand over all monies, cheques, and securities to the cashier—he commenced his duties as town traveller in his own neighbourhood, Greenwich, Woolwich, and Dartford the following day—about last November I increased his salary to £5 a week and commission—he was supplied with this printed receipt book, lettered D and numbered, from which to give a receipt to the customer, leaving in the book the counterfoil with the amount and particulars—Saturday
was the usual day for settling, but he would forward cheques—he paid his own expenses.
Cross-examined by the prisoner. You complained of the time occupied in coining from Bexhill Heath every morning, and we arranged that you should attend on Saturday to discuss business—you sent me one cheque from your bank, and I objected to that through my head clerk, you were not to have a banking account.
GEORGE SAUNDERS . I keep the Plough Inn, Erith. I dealt with Barker & Sons for wine and spirits—on May 26th I paid the prisoner on their account £10, for which D 522 is the prisoner's receipt—on June 21st £10, for which D 532 is the prisoner's receipt, and D 576 is the prisoner's receipt for £15 I paid him.
JOHN CARPENTER . I am a licensed victualler, of the Windmill, Dartford—I produce the prisoner's receipts D 527, of June 1st, 1897, for £17 Os. 6d.; D 540, June 28th, 1897, £13 3s. 2d; and D 596, August 3rd, £19 18s. 11d., which I paid him for Barker & Sons—my wife keeps my books because I am no scholar, though I can write my name—the amounts were paid to the prisoner in my presence.
WILLIAM COLLINGS BUNCE I live at the Castle Hotel, Eltham, Kent—I paid the prisoner £8 18s. for Barker & Sons on June 26th, when he gave me this receipt, D 535—I owed them £11 9s., but there was an allowance of £2 7s. for a case of champagne which I did not approve of, and also a discount—the champagne is still awaiting collection.
OWEN CLIFFORD DALE . I am a draper, of Woolwich—I have done business with Barker & Sons through the prisoner—on June 25th I paid the prisoner 36s. for a case of Dunrobin whiskey—this is his receipt on one of my memorandum forms, which he asked for.
The prisoner. The firm had run out of stamped receipt books.
RICHARD THUMPER . I am proprietor of the Empress of India, Woolwich—I paid the prisoner and received his receipts (produced,) Nos. D 538 and D 597, for wines and spirits from Barker & Sons, £20 and £15, on July 1st.
JOHN GRANGER ABLITT . I am chief clerk to Messrs. Barker & Sons—I know the prisoner's writing—looking at the counterfoils of his collecting book I find his entries on D 522, May 26th, 1897, Narburn, Lord Hill, Bexley Heath, £5 15s., initialed by the cashier, which shows that the cashier received that amount; D 532, June 19th, Trumper, Empress of India, Woolwich, £20 initialed by myself, which shows I received it; D 576, August 11th, Saunders, Plough, Erith, £12 initialed by the cashier—I have been carefully through our books—I find the name of Narburn as a customer who paid £5 15s, on May 26th—I do not find any entry of a payment of £10 by Saunders, nor of £20 by Trumper—on counterfoil D 527 I find the prisoner has entered £15 12s. 4d. as received from Carpenter, of the Windmill, Dartford; on D 540, June 28th, Carpenter, £20, and D 596 is a blank at the end of the book—the counterfoil is torn out—I do not find any entry in the books of £19 18s. 11d. having been received—looking at counterfoil, D 535, on June 26th, 1897, I find Saunders, Plough, Erith, £20—referring to the cash book, I find no sum of £8 18s. paid in; the counterfoil is initialed by myself—according to the books Bunco made no payment—he had several small
transactions with the firm anterior to the £8 18s.—he opened an account on March 25th—he had had goods to the value of £2 7s.—his total indebtedness was £11 9s.—the goods were supplied in small lots—there is no entry in our books of any payment by Mr. Dale, a draper of Woolwich—he appears to be indebted £1 16s.—this receipt book supplied to the prisoner goes on from May to July, so that he must have had it on June 25th—looking at counterfoil, D 538, on June 25th, 1897, I find the name Trumper, Empress of India, Woolwich, £15 initialed by myself—D 597 is at the end where the book is blank—on June 28th we received £20 and £15—that is all we ever received on that account—there is no entry of £20, which Trumper has proved he paid and took a receipt for on July 1st—he owed us more—counterfoil, D 532, June 19th, Trumper £20 is initialed by myself.
The prisoner, in his defence, said he had received accounts, and used them in the business.
GUILTY .—There were seven other indictments for embezzlement, &c., against the prisoner, and the amount of his defalcations were said to be about £300.— Twelve Months' Hard Labour.
MR. HEWITT and MR. SELLS Prosecuted, and MR. THOMPSON Defended.
BASLIM CHERIF SALEM BEN ALI . [Interpreted.] I am a native of India—I am a Mohammedan—I live at 62, Walham Grove, Fulham—I am a licensed hawker—on the early morning of September 21st I was in the Vauxhall Bridge Road, with my brother—I had been hawking some table-cloths, or carpets, with which I had come to England to make a living—the prisoner said, "Sell me that"—I said, "I won't sell to you, to-night," and turned my back—I wanted to go to sleep, and it was not time to sell carpets that time in the morning—prisoner knocked me with his fist on the right side of the head, then other men attacked me, and afterwards other women—I fell and received a kick in the side—I missed three sovereigns and four half-sovereign pieces from my left watch pocket—three large and two smaller carpets were taken, value 45s.
Cross-examined. I had missed my last 'bus, and had to walk—I under-stand a few English words, more than I can speak—the English I used was "No business to-night"—the prisoner spoke English and I spoke French—I met the prisoner alone—there was no woman there—the prisoner whistled before he struck me—I was not quarreling with women, the women came later on—I do not know who took my money and the carpets—I kicked when on the ground; I do not know where I kicked the prisoner—I have not spoken to the police about my evidence—I was not asked about the whistling at the police-court.
Re-examined. My shoe fell off in the struggle—I did not hit the prisoner with it, I had no chance.
BASHIR SHERIF MOHAMED BEN SEDI (Interpreted). I live with the last witness—we are cousins—I was one midnight in the Vauxhall Bridge Road with him—the prisoner said to my cousin, "What are you doing and where do you come from"—my brother said, "It is too late to sell carpets"—the prisoner spoke in English, and I answered in Arabic—then
I saw the prisoner strike my brother with the fist on the right side of the head—he made a noise with his finger in his mouth, and some people came from behind and struck my cousin—I saw carpets on the ground and tried to get hold of them, when somebody caught me by the coat collar, I thought he would damage me, and ran away.
Cross-examined. I have not seen the police since I gave my evidence at the police-court—the police agent came to my lodging to bring me here—my brother told me about the prisoner's conversation with him—I was there when he made a noise with his mouth—a woman struck my brother's wrist—he did not strike the woman, nor the accused, nor anybody—she screamed out to protect herself, and that her friends should strike my brother—my shoe was off then—this is the shoe.
EDWARD AYRES (358 A). On the early morning of September 21st I was at the junction of Vauxhall Bridge Road and Regency Street—I heard screams of "Police" and" Murder" in the direction of Chapter Street, towards Victoria—I saw a number of men apparently struggling in the road—getting nearer I saw the first witness lying in the roadway and the prisoner and a woman on the top of him, she beating him with her fists, while he was singing out—I pulled the man and woman off him, when the prosecutor signed with his five fingers and called out "money," and touched his waistcoat pocket—I told the prisoner I should take him into custody for robbery—he replied, "You cannot take me for robbery"—he then became very violent, kicking me in the left shin—I got assistance of another constable—the prisoner was so violent it took all our time to hold him and get him to the station—he was searched and 5s. silver and bronze found on him—when the charge was read over at the station, he said, "If a Turk hit you, you would hit him; I deny robbing him"—he did not say anything about the Turk hitting the woman.
Cross-examined. The prisoner was charged at the station with assaulting a constable—the case was remanded twice because Mr. Shiel was away—the defendant's solicitor said he was guilty of assaulting me—the defendant did not object to that—we both came to the ground in the struggle—the prosecutor was not drunk—I did not see the prisoner pass any money.
Re-examined. The prisoner was very violent, and civilians assisted me and cautioned him that they would go against him—the assault was about 200 yards from Carey Place where the prisoner lives.
NOT GUILTY .
686. The said THOMAS SYMONDS PLEADED GUILTY to assault on Edward Ayres, a Metropolitan police constable, in the execution of his duty, and occasioning him actual bodily harm. He received a good character.— To enter into his own Recognizances of £50 to come up for judgment when called upon.
MR. CORSER Prosecuted.
ALLEN (130 J). On September 26th I was in Goldsmith's Row, Shoreditch, about 12.55 in the morning going off duty with Constable 410 when I heard shouts of "Police," "Murder," and "For God's sake don't kill me"—about 20 yards off I saw about five men against the shutters
of a shop—I ran towards them—when police-constable Lane came up I spoke to him and he took from the prisoner a tobacco box and a small pen-knife—I sent another constable after the prosecutor, who complained of having lost 8s. or 9s. in silver, amongst which was a half crown—when we searched the prisoner we found on him 8s. 6d., including a half-crown—the prisoner said he earned the money at a gas-works—afterwards he said he had made a mistake and that he had earned it at a gas factory—there are both in the neighbourhood.
Cross-examined by the prisoner. I did not see you pick anything up—you were placed with nine other persons in another case—the prosecutor was too ill to attend—I saw you about three yards from the prosecutor—I asked the prosecutor what he had lost—he said 8s., and half-a-crown was amongst the money.
RICHARD BALL . I am a cabinet-maker—on the night of September 26th I was coming up Goldsmith's Row, when I saw four or five men standing in the road, a little way from the kerb—they drew my attention and moved up to me—they asked me what I Had in my hand—I said, "What do you mean?"—I was seized by the throat—I had between 8s. and 9s., a knife and a tobacco-box—I was carrying a bag, which was taken from me—I was throtled, I could hardly get my breath—I was kicked—I got away and called "Police"—a policeman came and said, "Does this tobacco-box and this knife belong to you?"—I said, "Yes"—the prisoner was there then—I had not seen him before—amongst my money was a half-a-crown and a threepenny-bit, the threepenny-bit seems to have gone—I hope the knife is-not lost, because it belonged to my brother who was drowned—I saw it at the police-station—I was badly hurt, and had to go to the German Hospital in the morning—I am 70 years of age.
Cross-examined by the prisoner I do not recognise any faces—you denied the charge at the station.
HARRY LANE (410 j). I was with Allen when we heard cries of "Police" and" Murder," and" For God's sake do not kill roe"—I ran with Allen and saw the prisoner leaving the prosecutor when I was about ten yards off—I saw men running, and ran after the prisoner—Allen caught him—I said, "See what he has in his right hand," and I took hold of it and took a tobacco-box and a knife from him, which were owned by the prosecutor—we took the prisoner to the station and found 8s. 6d. on him in silver—he said it was part of what he earned at a gas-works that week, and afterwards he said it was part of his week's wages at a glass-blowers—he asked me at the police-court if I saw him pick it up off the pavement, and I said no.
Cross-examined by the prisoner. I did not see you come out of the club, nor pick the box up.
The prisoner, in his defence, stated that he picked the tobacco-box up coming from the club, and the money was what he received from where his wife worked in the Goswell Road, that he did not commit the theft, and was never near the prosecutor, but that the constables and the detective said, "We will wake him up and send him to the Old Bailey," and brought the prosecutor up.
GUILTY **†,—He also PLEADED GUILTY to a conviction of felony at Clerkenwell in May last.— Five Years' Penal Servitude.
OLD COURT.—Thursday, October 28th, 1897.
Before Mr. Justice Hidley.
MR. SHERWOOD Prosecuted.
GUILTY OF THE ATTEMPT — Twelve Strokes with a Birch Rod.
(For other Cases tried in this Court this day see Essex and Surrey Cases.)
NEW COURT.—Thursday, October 28th, 1887.
Before Mr. Recorder.
MR. RICHARDS Prosecuted.
JAMES RATCLIFF (City Detective). On October 15th I saw the prisoners at a little after ten a.m., and knowing them I watched them and lost them—at three o'clock I saw them go through the Telegraph Office, they had nothing in their possession then, but a few minutes afterwards I saw Jones with a coat under his arm—they separated on account of the traffic, and a few minutes afterwards I found that a coat had been pledged at Avant's in Fleet Street—I found the prisoners and took them to the station, and said, "You will also be charged with stealing a coat from the General Post Office, and other places in London,"—Robinson said, "Somebody has put me away, I know, I pawned the coat at Avant's in Fleet Street."
Cross-examined by Robinson. I saw you go into the railings of the old buildings—I did not see you go into the Post Office—there are rails at each end.
Re-examined. I saw them first at the Aldersgate Street end of the Post Office, and afterwards at the Cheapside end.
DANIEL DENNING . I was with Ratcliff on October 15th, and saw the prisoners and another at the corner of Fetter Lane and into the new buildings of the General Post Office, and I lost them—a few minutes afterwards I saw Robinson in St. Martin's-le-Grand—I also saw Jones there, but lost sight of him again.
Cross-examined by Jones. The third party is not a prosecutor in this case, but he is a witness.
Cross-examined by Robinson. I know George Wilkins—I saw him and you enter the Telegraph Office—I did not see you enter the part the coat was stolen from, but I saw you enter the yard—Jones had got the coat on his arm.
CHARLES SERMON . I am assistant to Mr. Avant, a pawnbroker of 114, Fleet Street—on October 15th a man brought this coat to me about mid-day and pawned it in the name of Johnson—I do not recognise either of the prisoners.
By the COURT. When I gave evidence before, I said that I believed
it to be one of the prisoners, the further one (Robinson)—it was Jubilee Day.
Cross-examined by Robinson. The detective came about five p.m.—there were a lot of customers in the shop—I only saw you at the police-court on October 22nd; if you had been with other men I should not have picked you out.
Robinson's Defence: No officer saw me enter the Post Office, and the pawnbroker cannot recognize me. I have never been into his shop. He saw me the next day at the police-court, and would have recognized me. When I said, "Yes, I have pawned a coat" I thought the officer meant a coat of my own in Caledonian Road that morning. I met Jones that morning, and he took me down to the Post Office to see a light which had been put up by a friend of mine. "No thoroughfare" is written up, and we did not go in.
MR. HUTTON Prosecuted, and MR. O'CONNOR Defended.
GUILTY — Judgment Respited.
THIRD COURT.—Thursday, October 28th, 1897.
Before Mr. Common Serjeant.
691. ISAAC ARIBLER (45), HARRIS SCHAEFFLIN (20), and SIMON ZAMELL (27) , Conspiring together to cheat and defraud Julius Boyer of his monies. Second Count.—Unlawfully obtaining from him £3 10s. with intent to defraud.
MR. McHILL Prosecuted, and the evidence was interpreted to the prisoners.
JULIUS BOYER . I am a painter, formerly of 3, Little Turner Street, Commercial Road, but I live now at 94, Old Montague Street—in August I received a letter from my brother about going to America—I lived where Schaefflin resided, and he heard me reading the letter on a Saturday, and said "I know a man where you can buy a ticket and go to America"—he took me to the West End where Aribler was working—we went in and the old man said, "the governor is not at home"—coming away we met Zamell—Schaefflin said, "That is the man who wants to buy a ticket—Zamell asked me for £4—I said, "I am a poor man, all the money I have is £4, I must Jeave a little money to my wife," and he agreed to take £3 10s.—on the Sunday Aribler gave me three tickets (similar to those marked "A," "B," and "C")—Zamell told me "A" was a ticket to New York, and the others for the railway to get to the steamer—I believed Zamell's statement, and parted with my money on that understanding—Schaefflin took me to the shop and then to Hyde Park, where he said "Sit down here, I must see somebody," and left me sitting in Hyde Park—Zamell gave Shaefflin 5s. for his trouble in taking me there—a gentleman friend took me to an office where I was told
somethidg—I found the tickets were not usable—I saw Zamell and Aribler on the Monday night, and asked Zamell to give me my money back—Zamell said to Aribler, "You have nothing to say, I am the governor and I sold these tickets"—and said to me, "The tickets are good, they are only having a lark with yon, I sell a hundred or two a week"—I afterwards communicated with the police—I have never recovered my money.
Cross-examined by Zamell. I said on the Monday night, "Why did you ruin me?" you said, "Do not holloa, because the ticket is bona-fide"—you did not say, "That is the governor," referring to Aribler—you did not ask what I meant or refer to my having a black eye—you only told me one thing, and then I went away—I asked you why you left me to go to Hyde Park, where I did not know my way back, and had to remain—I have not said that Schaefflin met me in Hyde Park, handed me the three tickets, and that I gave him the £3 10s—I did live with Schaefflin's father, but now I do not.
By the COURT. Zamell is a bootmaker—Shaefflin is employed by Zamell, he is a tailor's presser—Aribler is a tailor, and works for Zamell.
PERCY WALKER . I am a canvasser for a steamship company at 65, Leudenhall Street—these documents are: "A" is a declaration form, not issued from my office, and not a ticket; "B" is a consignment note of the London and North-Western Railway Company, and not a passenger pass, and "C" is a notice of sailings issued from my office—they are worthless as tickets.
WILLIAM LASCOMBE (Detective, C). Acting upon a communication received from the prosecutor I executed two warrants—I arrested Aribler on September 21st—he is a Pole—I went to him with the prosecutor and Mr. Levy, an interpreter—the prosecutor pointed out the prisoner, and I told him, through the interpreter, I should take him to the station—I arrested Schaefflin on September 20th at Shadwell police-station, where he was detained—I told him the charge, through the interpreter, and be made a statement through him—I also arrested Zamell, who made no statement.
WOLF LEVY . I am an interpreter, of 11, Coleman Street—on September 1st I interpreted to Aribler the charge, and in answer he said, "On the Sunday in question I was at work at a shop, 62, Dean Street, and a young man came in and said to me,'Is the governor in?'—I said, 'No'—then he said 'Take those three papers (marked "4," "B" and "C") and when I shall call in the man who stands outside, tell him the governor has left those tickets for him, and if he pays you £3 10s. he can have those tickets,' and I have done so—the man came in and paid £3 10s., and I gave him the three tickets"—on September 20th I interpreted the charge for Schaefflin—on the way to the station he said, "How I came to be connected with this affair is, I knew Zamell about twelve months, he lived in James Street, East End, and I knew he was a very poor man; but I met him, some time ago, and he said, 'Why don't you come to see me?I am a rich man now, I have got two good shops; T have got a lot of jewellery'"—he gave him his address, and he happened to be that way, and he went in to see him—while having a conversation he said to him, "Do you know anyone who wants to buy a ticket to go to New York?"—he said, "Where have you got the tickets from?"—Zamell replied, "I bought some tickets at the Jubilee time, for the excursion, cheap—I have
got some of them left, therefore I can sell them to people"—this prosecutor had just moved in from his father's place, and he had a letter from his brother from America to come there, and he said, "I know who has got cheap tickets to sell." and he took him there, but did not find Zamell at home; but he met him yesterday and said, "This is the man who wants to buy the ticket"—he said, "How much do you want for it?"—he said, "£4"—the prosecutor replied, "have not got £4, all I have got is £8 10s."—Zamell said, "Very well, as you have no more you can have it"—the prosecutor said he must consult his wife as to whether to part with his money—Zamell said. "If you call on Sunday for the ticket, and I am not at home, I shall leave it with my workman" [Aribler]" and if he could give him the money (£3 10s.) you shall have the tickets," and then Schaefflin went with him to Hyde Park, where they sat in a place where there was no music, and Schaefflin said, "I will go and see where the music plays." As he went there he found a pal who asked him to go to the Brussels Exhibition. He said, "I have not got sufficient money," and he said, "I will pay for you," and then he went back with his friend to look for the prosecutor and could not find him.
Zamell, in his defence, complained that his witnesses were not allowed to come in, and said that a man came to him with a black eye, and said, "What do you want of my life? you have ruined me," and he thought the man referred to Aribler, but he did not know anything about this matter, and that he had not seen the prosecutor before.
Schaefflin's defence was that he met Zamell accidentally. The COURT considered there was not sufficient evidence against
ARIBLER, NOT GUILTY .
SCHAEFFLIN, GUILTY .
ZAMELL, GUILTY .— Three Months' Hard Labour each.
MR. TUDOR Prosecuted.
FRANCES YOUNG . I married the prisoner—I have not lived with him for three years—I now live at 15, White Tower Street—on the night of September 13th I was at the corner of Clinton Road—I was going with a young man named Hart to have a drink when the prisoner stabbed me—I fell on the kerb—I was taken to the hospital, where I was a week.
Cross-examined by the prisoner. You followed me about, three-quarters of an hour—I saw you about 11.30—I did not speak to anyone but Hart—Hart was by me when I was stabbed—he ran after you—I was not living with anyone—I lost my senses when I fell.
ISAAC HART . I am a horse-keeper, of 4, Lincoln Street, Bow Road—I have known Frances Young's father and mother—on the night of September 13th I asked her to have a drink—crossing the road I saw the prisoner, who was a stranger—he followed Frances Young, and dug a knife into her shoulder as we were walking across the road—I pushed her up and then went after the prisoner and said, "You are my prisoner"—he said, "I know nothing about it"—I said, "You do, and you will have to come along with me"—I took him by the collar, and I came in the tram-car.
Cross-examined. I know nothing about a letter being brought to you
last March—I said, "You are the man," and accused you—I did not live with the prosecutrix last March—I visited her in the hospital.
EDITH GRAY . I am a charwoman, of 48, Duckett Street—I was in the Mile End Road about midnight of September 13th—I saw the prosecutrix speak to Hart, and the prisoner follow and strike her, and when coming away I saw the knife in his hand—she was taken to a doctor and then to the hospital.
Cross-examined. I first saw you following your wife about 11.30—I did not know you were her husband till the prosecutrix told me—I saw you stab her—I saw her fall, and I assisted her—I am not a regular prostitute.
JOSEPH GILMORE . I am a tram conductor, of 82, Lambeth Street, Whitechapel—about midnight on September 13th, prisoner was followed into the tram by two or three people—a constable signalled the car to atop—after the prisoner was taken into custody I found this pocket-knife under the seat where the prisoner had been sitting—I gave it to the police officer.
THOMAS STEPHEN (599 K). I took the prisoner into custody on the morning of September 14th in a tram-car—I took him to Bow police-station—this knife was shown him, and he said it was not his—it was open.
Cross-examined by the prisoner. Hart was in the tram—he pointed you out as the man who stabbed the woman—he was not struggling with nor holding you.
OSWALD TREGURTHA (96 K). I took the charge at Bow police-station on September 14th—Gilmore had brought the knife previously—I said, "You see that knife"—it was covered in blood—he said, "No; I never carry a knife."
ARTHUR BRINFIELD FRY , M.R.C.S. I am a licentiate of the Royal College of Physicians and house surgeon at the London Hospital—the prosecutrix was brought in suffering from a stab on the back of the right shoulder—the wound was 2 inches deep and 1 3/4 inches in length—it was not very severe, it was bleeding—it could have been by this knife—it did not strike the lung because it was arrested by the shoulder-blade—the prosecutrix was in the hospital a wtek and was then an out-patient.
GUILTY **†. He also PLEADED GUILTY to a conviction of felony at this Court in June, 1894. He was stated to be an associate of thieves and prostitutes.— Seven Years' Penal Servitude.
MR. SCOTT-CRICKITT Prosecuted, and MR. RANDOLPH Defended.
JOSEPH MALONEY . I am employed by Mr. Mumford, Corn Dealer, Farringdon Road—on August 24th, between eight and nine p.m., I was coming along the King's Road, Chelsea, with my van—when I had got to Stanley Bridge, four lads got on the tail-board—I told them to go away, but they would not get down at first, but when they did, they got on an old man's shoulder—I spoke to them, and they wanted to know what I could do, and got round the shafts of the van, I got off the shafts, and 14 or 15 assembled, and one discharged a catapult and hurt my eye, which was
removed, and there was found a bit of lead—I drove on to the World's End, where I found a constable—I went to St. George's Hospital.
CHARLES GIE . I am 11 years old, and live at 21, Newdale Road with my father—On August 24th, between eight and nine p.m., I saw some boys jump on the tail-board of a van, the driver told them to get off—then they pushed a poor old man about—then the driver stopped his horse and told them to leave the poor old man alone—I saw the prisoners there—they asked what he would do and ran away—Bertie Harold said, "Shoot," and told them to get their catapults ready—Bertie shot with a catapult which came from his brother—they walked to the top of the bridge and then ran—at the World's End I saw the driver was hit—he there spoke to a policeman—I could see his eye at the time, I was close to the van—I am quite sure' Bertie shot the catapult.
Cross-examined. I was not one of the crowd—there were fourteen or fifteen boys—I was going somewhere—At the police-court I said, "Then the boy said 'Shoot lads'"—I think that was Bertie—I saw catapults being passed about—I never joined the crowd, I went up afterwards—Christopher had nothing to do with the shooting—he handed the catapult to his brother, who did shoot.
CHARLES SWANSON . I live at 12, Newdale Road—I remember Bertie Harold shooting the carman's eye out—I saw him use the catapult, and the man's eye struck—He picked something up and put it in his pocket—Christopher gave him the catapult—I heard Bertie ask Christopher for it—I heard someone say, "Shoot lads"—I think it was Bertie.
Cross-examined. There were fourteen or fifteen boys behind the van annoying the driver—I was not one of them—the boys were not banging the tail-board about, they were whistling and calling to the driver—the boys had their backs to me—I have seen them before—Gie and I have not talked the matter over—I was taken about Fulham to recognize the boys, and I told Adie, and they were taken into custody—I was not walking with Gie—I was going in the same direction as the van—I saw Bertie take the catapult and put it to his shoulder.
JAMES ADIE (36 B). On August 24th, between eight and nine p.m., as I was coming over Stanley Bridge from Fulham, I saw a number of roughs proceeding towards Fulham—I proceeded to World's End—in consequence of what I heard I went to the police-station, where I saw the prosecutor having his eye attended to by the doctor—I was instructed to make inquiries, in company with Gie and Swanson, and it was several nights before I could ascertain the proper address of the prisoners. They were brought to the station by police-constable 243—I searched them, and found three lead pellets in the right-hand waistcoat pocket of Christopher—I drew his attention to them—I found these two knives—I know prisoners by sight by passing to and fro where they assemble daily.
THOMAS EVANS . I am foreman to Mr. Mumford—I was telegraphed to fetch the van and lock it up—I found this piece of lead in front of the van where the carman generally sits—no one else had access to the van until I opened the door.
SAMUEL PRIOR (344 T) On September 10th I was in the Fulham Road off duty and in plain clothes—near Stanley Bridge I saw the prisoners with two or three other lads—having previously received a description of a man wanted for this offence, I stopped them and asked
if their names were Harold—they said, "Yes"—I said, "You answer the description of a man wanted for committing a violent assault on a man on the evening of the 24th in King's Road, Fulham, and you will have to come with me to the station"—Bertie made no reply—Christopher said, "I was not there; it is not me that you want"—on the way to the station Bertie began to make a statement—I stopped him and cautioned him—I said, "What you state might be used in evidence"—Bertie said, "I was not there, but it was not my catapult; it was passed to me, and after it was done it was passed round, and I did not know what became of it"—I had the two prisoners in custody, and as soon as I arrived at the station I put the statements down in a book.
Cross-examined. They are the exact words.
EDWARD EAMES . I am house surgeon at St. George's Hospital—the carman was brought in on August 24th—I examined him, and found a sharp cut across the eye, and the whole contents of the eye were partially out—it was necessary to remove the eye, which was successfully done by Adams Cross—the other eye is not likely to be injured—the carman was in the hospital three weeks and four days—this piece of lead would cause the injury—the wound is healed; he is waiting for his glass eye.
Evidence for Christopher Harold.
GRACE CREASEY . I walk out with Christopher Harold, who is my young man—on Tuesday, August 24th, I met him at 7.45 in Stamford Road, Fulham, and walked with him to his home at Sands End, not many minutes' walk, and waited outside while he had his tea, for a quarter of an hour or a little over—then we went down Erlingham Lane towards Putney Bridge, by train to Putney, and then to North End and home again—he left me at Chelsea station at 10.30—I work at Batey's mineral water factory, at Munster Grove, filling the bottles—I never left him except when he went in to tea.
Cross-examined. I see him every night—I meet hire at the same place and wait while he has his tea, and go for a walk, not always the same walk.
GUILTY of unlawful wounding. The prisoners were staled to be in employment, but to belong to a dangerous gang of roughs.— Six Months' Hard Labour each.
694. SAMUEL SMITH (66) PLEADED GUILTY to uttering a receipt fur 6s. 3d., with intent to defraud. There were five other indictments for forging and uttering receipts to the extent of £10, but that was not the whole of the sums involved. — Judgment Respited.
OLD COURT.—Friday, October 29th, 1897.
Before Mr. Justice Ridley.
MR. HUTTON Prosecuted.
fifteen months—for about twelve months I kept company with him, that ceased about the end of last July—about 9.15 p.m. on Tuesday, September 14th, I left our house and went to a public-house to get the supper beer—on my way there, I saw the prisoner standing opposite our house—as I passed him, I said "good evening"—he accused me of going out with another man, which I denied, and he called me a dirty whom—I said, "Oh, how could you say such a thing!"—he caught hold of my throat—I flung him off as soon as I could, and went into the public-house—I got the beer—when I came out, I saw him; he struck me on the face with his fist, blackening my eye—I fell down—I was very hysterical at the time—he did not say anything—when I was struck, I called out "father"—the prisoner picked me up—I am not quite certain whether he kissed me or not, but he put my cap on—our lodger, who was standing at the door, called my father and brother, and they came across and took me inside—the public-house is almost opposite my father's—the prisoner went into the public-house after striking me—I did not hear him say any thing—on the following morning, Wednesday, I went to the police-court and applied for a summons for assault—in the afternoon the prisoner came to our house—I did not see or speak to him, but I heard him say to the two lodgers down stairs he wanted to speak to me only for a minute—in the evening he came again, and he said to my father and brother, "I will never give her up, and I will bash her and her Bill too;"Bill is my brother—I did not go out of the house again until the day on which the summons was to be heard, the Wednesday in the following week—on that day, September 22nd, I went with father, and cousin, and a lodger to the police-court—my brother met us there—the prisoner did not appear—we waited there till nearly four o'clock, and then, on his non-appearance, a warrant was granted—I left the court soon after four with my father, brother, Mr. Gill, Mr. Warwick, and my cousin, Mr. Whitehead, I think—on our way home I saw the prisoner standing outside the Church Institute, in Clarendon Road, with his hands in his hip pockets, I think—he came straight towards us, facing us, and passed us—he did not speak to me—I think he spoke to my father, I did not hear what he said—my father kept telling me to go on and take no notice, but I turned round and said to my brother, "Don't take any notice of him, Bill"—then father called out, "Look out Bill, he has got a pistol," and he had hold of his hand—I think it was just then that the report went off—I turned round and saw them scuffling, and it seemed the pistol shot went off at once—I saw a flash which came straight from behind, and passed right between Mrs. Warwick, the lodger, and me—I was several paces from the prisoner when the revolver went off—I fainted then, and was taken into the Church Institute—when I came out I saw the prisoner in charge—the policeman asked him whether I was the girl that was shot at; I said "Yes;" And the prisoner said "Yes, and I will do it again as soon as I come out"—the policeman was holding the prisoner at the time—after the engagement was broken off and before the night I went to the public-house, I received this letter from the prisoner about the end of July or beginning of August—it is in his writing (read) "144, Clarendon Street. My dearest Maggie, just a few lines hoping to find you all right, as I cannot say as it leaves me in the same, dear. Maggie, I want you to crime and see me as I cannot give you up, no matter
how I try. I cannot forget you. I can neither sleep, nor eat, nor anything else. If your love is all gone from me, Maggie dear, have a little pity, for life is nothing to me now. I have nothing to live for since I lost you. But you shall never be another man's wife; I will die freely for you. I am going to call round and see your father and see if he will overlook. God in Heaven above knows what I have suffered, and I am sure if your father knew he would freely forgive me—Come and see me soon, Maggie, or I shall make things worse than what they are. I don't wish to do that, but if you don't go with me again I shall be avenged. Good-bye. I remain, your ever-loving and affectionate true lover, J. Hollis"—Hollis is the name I knew him by—I wrote to him in answer to that letter—I went out with him en several occasions after I received that letter—I ceased altogether going out with him after he struck me when I was going for the supper beer—I had not seen him then for about a week—I think I had last been out with him on the Saturday before this happened—I discontinued keeping company with him in July—I did not make it up with him afterwards, but he almost compelled me to go out with him; he used to say he would kill me, and all sorts of dreadful things; I was frightened of him—after receiving his letter I walked out with him about three or four times; I met him and he asked me whether I would go a little way with him—I did not meet him by appointment as I did formerly, nor did I keep company with him as I did before—there was no particular cause of disagreement with the prisoner on the previous Saturday when I went out with him for the last
WILLIAM HENRY PALMER . I am a dyer's traveller Hying at 98, Winchester Street—the last witness is my daughter—on September 14th she went for the supper beer, and shortly after I received a communication and went into the road where I saw my daughter in a very hysterical state—when I brought her into the room her eye was blackened and swollen—I soon afterwards saw the prisoner—I said to him, "You scoundrel, what do you mean by assaulting my daughter in this brutal manner?"—he said she deserved what she had got and she would get more, or he would do it again—the following day my daughter applied for a summons, which was returnable on September 22nd—on the evening of the day we applied for the summons the prisoner came to my house, and produced the summons from his pocket; it had been served on him—he said it was not in his name, his name was not Joseph Hollis—the summons had been taken in that name, by which we had always known him—I said the summons was intended for him—he said, "You had better take it, my name is not Joseph Hollis," and offered it to me—I said, "You keep it, you are the man it is intended for; you have been going in a false name, have you?"—a man he evidently knew then came up, and induced him to go away—when he was on the step he said he would bash my daughter and my son, or Bill, too, the first time he met them out, or had an opportunity—on the following Wednes-day I attended the Court—the prisoner did not appear—I left with my daughter, my son, and two or three other people, between 4.0 and 4.30—we saw the prisoner standing on the kerb at the Church Institute, some little distance before we got to him—my daughter was walking in front—I walked up beside her so as to be handy—the prisoner came across the
road from the kerb and approached me, and said, "Mr. Palmer, how has the case gone on?"—I said, "You will know soon enough,"or" by-and-bye"—he passed me on my right; my daughter was on my left side—he went behind me, and not liking the look of him, I followed round—I had already said to my daughter, "Maggie, go on"—when he went behind me he raised his hand, and in it I saw he had a pistol—as he approached he seemed to have his hands behind him—I called out, "Bill, he has got a pistol," and at the same time I rushed at him and clutched hold of the pistol, and forced it down—as I was forcing his hand down the pistol went off—when I saw the pistol in his hand, and made the rush at him, the pistol was pointed at my daughter, who was a few paces in front—my daughter fainted, and was taken into the Institute—a policeman came up, and the prisoner was taken into custody—when my daughter, on recovering, came out of the Institute, I said to the constable, "I give that man in charge for attempting to shoot my daughter"—the prisoner said, "And I will do it again if I get the chance," or "opportunity," I won't be sure to the exact words; but that, was the purport of what he said—I don't know who had the pistol then—when it went off, the prisoner remained in possession of it—assistance came, and I looked round and saw my daughter on the ground, and I thought I had been too late—I did not touch the trigger with my hand—I seized the barrel—I saw distinctly it was a pistol—it did not go off directly I got hold of the barrel; but as I was forcing his hand down.
WILLIAM AUGUSTUS PALMER . I left the police-court with my sister, father and others—I saw the prisoner by the Church Institute on the other side of the road—he started walking towards us, and came over and went round behind my sister; my father followed him round, and then I saw my father had hold of his arm, and I heard the pistol go off—I assisted in holding the prisoner—my sister fell down in an hysterical condition—a policeman came up—when my sister came out of the Institute my father gave the prisoner in charge—the prisoner said, "I will do it again when I come out."
EDWARD WHITEHEAD . I was living at 1, Surbiton Hill Road at the time—on September 22nd I left the Court and was opposite the Church Institute when the pistol was fired—the prisoner was held by Mr. Palmer—I took this revolver from the prisoner and gave it to Joseph Gill in the same condition as it was when I took it from the prisoner.
JOSEPH GILL . I live at 98, Winchester Street, and am a painter—on September 22nd I remember leaving the Court—I received this revolver from White head, and gave it to Constable 96 X in the same condition in which I received it.
CHARLES SHEPHERD (Sergeant, 70 .X) I received this five-chambered pin-fire revolver from Sumner—it was loaded in four chambers, and contained a discharged cartridge—the prisoner was charged with shooting with intent to murder—I searched and found on him a box containing 45 other cartridges similar to those in the revolver, a letter, and a receipt for the purchase of the revolver for 12s. 6d. from Messrs. Whiteley, dated the same day, September 22nd.
PATRICK BARWOOD (268 .X) On September 22nd I was called to the Church Institute in Clarendon Place—I heard Mr. Palmer give the prisoner into custody for shooting at his daughter with intent to murder—the prisoner said, "I will do it again when I come out."
The Prisoner, in his defence, stated that he did not fire the revolver at the girl; that he had no intention of firing, but only of frightening her, and that it went off in the struggle. GUILTY on Second Count .— Twelve Months' Hard Labour.
MR. DUCKWORTH prosecuted.
ARTHUR BERLINER . I am a wadding and cotton-wool manufacturer and merchant at 13, Worship Street—some time in December the prisoner called and made small purchases for cash—he afterwards asked me whether I would supyly the goods he sold direct to chemists, as he was agent for a number of other things, and could do a large trade—I did not quite fall in with his views, as I said it would interfere somewhat with my wholesale trade, but ultimately I agreed to supply those goods, giving him on some sales 10 percent, commission, and on others the difference between the wholesale and the retail price—the customers were to send the price direct to me—the difference in price and the commission were paid to the prisoner as soon as he brought the orders, and before they were executed, and for each particular item he signed as he received the money—in ten weeks he received something like £7 10s. in commissions—after ten weeks he did not come; I wrote to the address he had given me or my clerk, asking him whether he was still carrying my samples, arid I sent him three other letters, which were ultimately returned through the post, marked "gone away"—the commission and the difference between the prices which he received would average between 12 1/2 and 15 percent—for any goods I sold him he paid cash—he had no right to collect any money for me—I never authorized him to sign my name—I know his writing—the endorsement to this cheque is in his writing—I know an order from Mr. Southern was given into the office—the orders were given in to the office and treated in the usual way—it was in April that I wrote to the prisoner—sixteen customers have written to me—I next saw the prisoner when he was in custody—I charged him—he said, "I admit I endorsed the cheque," and he said he had a right to endorse it.
Cross-examined by the prisoner. My father's name is Henry—I am the sole proprietor of my firm—I first got this cheque in May, I then made enquiries and went to the police-court and asked advice, and carried out the advic I received—the delay between May and October was because we could not find you sooner; the first time one of our travellers came across you he gave you in charge—they could not see you before that—Mr. Biggs, my traveller, is here; on your writing and asking him to attend, I had him here—goods you could pay cash for you received—as to goods you were not in a position to pay cash for you either received the difference between the wholesale and retail prices, or 10 percent.—I did not say that if any of my wholesale firms saw my goods in retail shops I would tell them I was doing it to oblige my friend Mr. Robinson; I only knew you for ten weeks, and I could not call you a friend—I made the
arrangement with you because I thought it would be a little assistance to you—you were to have wholesale terms—I gave you the bottom prices—you had no authority to sign your name or send the money in—the collection of money was spoken about between us at the first onset—I have looked through the ledger, and I find, I think, that you have opened 58 accounts, which are all closed except two or three, who are backward in their payments; I do not seek such custom, nor do I require it—the carriage was generally paid, with the exception of two cases—the question of expenses was not mentioned—all repeat orders were to be placed to your credit—I opened a space of 60 pages in my ledger for your accounts.
Re-examined. I should have given the prisoner into custody the first time I saw him—he had no authority to collect cheques from customers—I send out monthly statements to my customers; and on sending out statements at this time I received a reply from these customers stating that they had paid by cheque to my representative: and they sent the cheque and asked whether the endorsement was my signature.
Cross-examined. I knew the samples you showed me were not yours; I treated you as the representative of a firm—I did not know Mr. Berliner—you have had one or two transactions with me—I have known you about eight or nine years—you brought me several different manufacturers' samples—I looked on you at the time as the representative of the firm whose samples you were showing—I paid you cash in one instance, and this cheque in another—I paid the carrier in one instance.
RANDAL HODGSON (Detective-Sergeant, G.) On October 20th I went to 65, Carter Street, Walworth Road, where I saw the prisoner—I told him I was a police officer, and should arrest him for forging the endorsement on a cheque and obtaining the sum of 18s. 6d.—showing him the cheque—he said, "I admit that I endorsed the cheque and had the money, but I think I can clear myself of it."
The prisoner in his defence stated that lie had no intention of representing the prosecutor's firm; that he opened 80 or 90 accounts and was doing well when he heard that the prosecutor's travellers were calling on his customers and selling goods at 30 percent, below the price the, prosecutor charged him as the best wholesale terms: that in endorsing and cashing the cheque he had no intention of doing anything wrong, but that as the prosecutor was robbing him he thought one thing would play off against the other.
Sergeant Hodgson stated that the prisoner had received two other cheques and money, amounting to nearly £14, from various customers of the prosecutor, which he had retained.— Six Months' Hard Labour.
MR. ROBINSON prosecuted.
station—I asked what the charge was, and they said Tappenden had arrested the prisoner in Lisson Street on a charge of being drunk, disorderly, and using obscene language; that he then became violent and threw himself down, and while on the ground threatened to rip his f——guts out; that he then drew this knife (produced) and stabbed the constable on the right arm, cutting the cloth of the tunic, and also stabbed him a second time, cutting through the cloth of the right trouser leg, cutting a piece out of the truncheon which was in his truncheon pocket, and cutting a wound in his thigh about three inches long; that he had also kicked the constable on the left leg—the sergeant informed me that when he went there the prisoner was very violent, and kicked him on the right leg near the groin—after the charge was taken and read to the prisoner, he said, "I should think so"—he said nothing when the officers told their story—I sent for the divisional surgeon, who arrived at 3.5
Cross-examined by the prisoner. I did not kick you in the station—you were strapped on the ambulance when you were brought to the station—there was a slight graze on the side of your face; the divisional surgeon looked at it and said you were not injured.
PERCY TAPPENDEN (195 .D) On Sunday morning, September 26th, about 2.30, I heard the prisoner holloaing, shouting and making use of bad language in Lisson Street, close to the Salvation Army shelter—I requested him to go away—he used very abusive language, and said he would give me a f——good hiding, and would rip me up—I took him into custody—he struck me in the chest and kicked me in the left leg—we fell to the ground struggling when the prisoner stabbed me with this knife in the right leg—I was wearing these trousers, my truncheon was in my pocket; he cut a piece out of my truncheon at the same time, and the knife penetrated to my flesh—I struggled to gain possession of the knife—he cut my tunic in several places on the arm—I got possession of the knife—I got the assistance of Sergeant Palmer—the prisoner was very violent, and kicked Palmer on the thigh—we overpowered him, and got him to the station on an ambulance which I sent another constable who came up to the station for—at the station the divisional surgeon was sent for; he attended to me—I was on the sick list about three weeks.
Cross-examined by the prisoner. You were just outside the Salvation Army doors—I did not see you sitting in a passage and say "Go away," and kick you; there is no passage there.
By the COURT. He struggled when we were putting him on the ambulance—there were three constables then—he kicked out with his feet and hit with his hands—he kicked Palmer twice—no injury was done to the prisoner—I only did what was necessary to get him to the station; the prisoner was very violent—when he had the knife I threw him to the ground to gain possession of it—I held him by the collar and arm—I gripped him pretty tight by the arm; I had to keep possession of him—he was strapped on to the ambulance and carried to the station.
GEORGE PALMER (Sergeant, 19 .D) I was on duty in Lisson Street about 2.30 a in. on Sunday, September 26th, when I saw the prisoner and Tappenden struggling together—going towards them I heard someone shout out, "Look out, governor, he has got a knife!"—I ran towards them, and
immediately I gob up I thrust the point of my truncheon into the prisoner's short ribs on the right side, and he fell to the ground—at that time Tappenden had hold of his arms, and directly he fell I asked, "Have you got the knife?"—Tappenden said, "Yes; here it is, sergeant"—he had the knife then, I did not know when I put my truncheon in the prisoners' ribs—Tappenden said, "He has stabbed me, sergeant; and he put his hand in through a hole in his trousers and brought out some blood on his hand—at that time the prisoner began to recover, and attempted to get off the floor, and he kicked me in the groin—I closed with him and threw him on the ground, and told him he had better be quiet and go to the police-station steady—he went about 150 yards quietly, and then commenced to struggle again and kicked me twice on the thigh—I threw him and he fell on his right side, and his face came rather hard on the footway—I asked him to desist and go quietly—he would not—he said, "I will kick your face off"—I kept him on the floor and sent to the station for the ambulance—when it arrived with great difficulty and with assistance, from other police constables who came up, I put him on the ambulance, and strapped him down and conveyed him to the station where he was charged—he is a very strong man for his age—he was drunk—Tappenden went with the ambulance, but he was becoming faint and could not render assistance; he never touched the prisoner after I arrived.
CORN, JAMES . I am a surgeon for the D Division of Police—I was called to the police-station early on the 26th—I found Tappenden suffering from shock and hoemorrage—he had a severe incised wound about the middle of the outer part of his right thigh, three inches long, in direction from without inwards and downwards; and about quarter inch deep, extending through the skin and superficial tissues—it might have been caused by this knife—he had lost a good deal of blood, and was faint—he took three weeks to recover from the effects—the prisoner had a contusion about the nose and several contusions about the face; his nose had been bleeding slightly, just sufficient to stain his moustache—I examined him to see if he had any visible injuries, there were none; he was sore and badly shaken—no doubt he was braised; the bruises would come out afterwards—he was distinctly drunk; he did not fall—he was not able to give an account of exactly where he felt his injuries at that time—Tappenden had no other actual wound—on his left knee there was a laceration from a blow of some sort—I asked Palmer if he was injured—he said he had a kick on both thighs, but was able to go on with his duty; he was not incapacitated, but he walked lame—I did not examine him.
The prisoner, in his defence, complained of the way in which the police had illtreated him.
GUILTY of unlawful wounding — Six Months' Hard Labour. There was another indictment against him for assaulting Sergeant Palmer.
NEW COURT.—Friday, October 29th, 1897.
Before Mr. Recorder.
MESSRS. GILL and AVORY prosecuted, and MR. PURCELL Defended.
By the advice of MR. PURCELL the prisoners stated that they would PLEAD GUILTY the conspiracy counts , upon which the JURY found them GUILTY of conspiracy: they received good characters. ASHTON— Eighteen Months Hard Labour. SMITH— Twelve Months' Hard Labour.
MR. HARDY Prosecuted, and MR. GEOGHEGAN Defended Scott
SCOTT— NOT GUILTY .
700. THEOPHILUS TURNER (61), and ELLA MACDONALD (56) , Unlawfully obtaining a valuable security by false pretences. other Counts—For conspiracy. MACDONALD PLEADED GUILTY to the conspiracy counts.— Judgment Respited.
MR. GILL and MR. HORACE AVORY Prosecuted.
The prisoner Turner stated that he wished to withdraw his plea, upon which the JURY and him GUILTY. several previous convictions were proved against him.— Three Years' Penal Servitude.
THIRD COURT.—Friday, October 29th, 1897.
Before Mr. Common Serjeant.
MR. WHITE prosecuted.
CHARLES FORD . I am the proprietor of the Bleeding Heart, Charles Street, Hatton Garden—I am a licensed victualler—about 10.30 a.m. on October 15th I served the prisoner with half-a-quartern of rum from a measure in a glass—then she asked for a quartern of rum in a bottle, and while I was serving her she drank the other—I said, "You have served me this trick before,"and she ran out of the house—I asked her for 2 1/2d—the whole came to 8 1/2d., but I took the quartern back—I could not get out of the bar immediately, but about an hour afterwards I saw a constable being called, and then I went and recognized the prisoner sitting in an eating-house—she has done a similar trick in my house before.
WILLIAM WARNER . I keep a coffee-house at 1, Kirby Street, Hatton Garden—about 11.30 a.m. on October 15th I served the prisoner with a plate of meat, two vegetables, and a small cup of coffee, value 7d.—I could see she had been drinking—I said, "I want some money, please"—she fumbled in her pockets, and said she had none, but would borrow some—I said, "That won't pay my rates"—she was given into custody.
GEORGE BAKER (104 G) The prisoner was given into my custody—I asked her if she had had food in an eating-house and not paid for it—she said, "-yes"—I took her to the station—she said she was sorry that she had no money in her pocket, she had left it at home—I found no money on her.
The prisoner's statement before the Magistrate: "I do not remember what happened." Her defence was that she was away from her husband who had assaulted her, and Jiad been working at a laundry all night, and was addicted to drink. GUILTY .**—she then PLEADED GUILTY to a similar conviction at Clerkenwell in July, 1896, in the name of Alexandra Wheeldon.— Nine Months' Hard Labour.
MR. GODWIN Prosecuted.
JANE HILL . I am a captain in the Salvation Army—I reside at 9, Bowling Green Lane—about two a.m. on Sunday, October 17th, my lieutenant, Sarah Shaw, who was sleeping with me in the room above the barracks, awoke me by screaming—she jumped out of bed and ran downstairs—on the landing I saw the form of a man—he seized me by the throat and threw me into the room—I fell on a large bread-pan—I screamed out, "He has got my throat"—he loosed his hold and Shaw seized him—we screamed for others to bring a light—Shaw opened the window and called out for a policeman, and we held him till one came and took him to the station.
JOSEPH BLYTH (205 G) I went into this house in response to screams of "Police" and "Murder"—I saw two ladies in their nightdresses struggling with the prisoner on the floor—an entrance had been effected from the roof of an out-house, breaking a pane of glass and pulling back the clasp of a window—I asked him what he was doing, and he said he did not know—he had no coat, hat, boots, or socks on—some clothing was found on the out-house—I took him into custody.
GUILTY* on the second Count. He then PLEADED GUILTY to a conviction of felony at this Court in January, 1869.
Twelve Months' Hard Labour.
MR. MACOON and MR. COHEN Prosecuted.
The evidence and proceedings were interpreted to the prisoners.
GIOVANNI FIETTA (Interpreted.) I live at 19, Wardour Street—I am employed by Mr. Benois—on Saturday night, September 11th, I was in a club in Old Compton Street—I saw the prisoners, whom I knew by sight—we drank together, and I treated them in my turn—to pay the reckoning I drew 2s. from my purse, from my right trousers pocket showing my purse—I left the club about three a.m. with another, who I left in about three or four minutes—five minutes afterwards, one of the prisoners caught hold of me by the neck, threw me to the ground and gagged me—one of them put his hand over my mouth—they were on the top of me—the other held my legs—one had his knees on the top of my chest and at the same time he took out my purse, which contained three sovereigns in gold and about fifteen shillings in small money—I missed my purse immediately—I called out "Police"—a policeman came up and the prisoners ran away—I lost sight of the prisoners for a minute.
HENRY PATCH (250 .C) I was in Soho about 3.45 a.m. on Sunday morning, September 12th, when I heard shouts of "Police" from the direction of Manetta Street—I ran in that direction, and saw the prosecutor lying on his back and the prisoners on the top of him—Telossgmaca's right hand was in the prosecutor's pocket—the other prisoner's left hand was on the prosecutor's legs, and his right hand on his face—they got up and ran away—I ran after them, blowing my whistle—they were stopped by two other constables—I lost sight of them in Phoenix Street—they were taken to the station and searched—on Telossgmaca was found five pawntickets, but no money, and on the other, three pawntickets, two in French and one in English—when the charge was read, Telossgmaca said, "Why I have not got money, the prosecutor has got it in his pocket," in very good English—Giacometti understands English.
GIACOMETTI. "Me? No."
WILLIAM STEWART Serjeant 35 .C I heard a whistle, and went in the directionn of Phoenix Street—I saw the prisoners running towards Charing Cross Road, followed by Patch—I stopped Giacometti—I asked him, what he was running for—he said in broken English, 'I did not rob him the other man done it," and he pointed to the other man—the prosecutor was twenty yards off, but came up and pointed to his pocket—Telossgmaca, who was stopped by another constable, then said, "He has. got his money in his pocket," and repeated that statement in broken English.
The prisoners each stated before the Magistrate:"I say nothing now; but I wish two witnesses to be summoned to be at the trial, and also the prosecutor's companion."
In his defence Telossgmaca said the prosecutor and Giacometti quarrelled and he tried to separate them, but they ran away on seeing a policeman. Giacometti said the prosecutor new paid for any drink, and had no money; but said something that was insulting, thvt then there was a tustle. and both fell and the prosecutor cried "Police," and the other prisoner was only looking on; that his witnesses could not get in, and that he could not speak much in English, and that he was innocent.
GUILTY .— Eighteen Months' Hard Labour each.
MR. GRAIN Prosecuted.
ROBERT GARDNER . I am one of the firm of Craig, Gardner & Co., Accountants in London, Dublin, and Belfast—the prisoner is my brother—I have been assisting him for years—he has been annoying me for years, by post-cards—I know his writing—these post-cards are written by him—the writing is undisguised. the post-cards produced stated: "You are a dirty dog." "You unnatural dog, leaving me here starving. What about the bastards, are they starving?" "I am keeping at it. You are a brute and a dirty ruffian." Some were addressed to "Mrs. Nora," the wife whom he is stated to have never seen, and contained references to "Craig's dirty bastards," and other offensive imputations on the prosecutor and his wife.
The prisoner stated that his name was "Gardiner" and the indictment was amended. He then objected to the jurisdiction of the Central Criminal Court. This objection was overruled.
Cross-examined by the prisoner. I object to the expressions such as "You are a dirty dog"—these are similar post-cards to some I got in 1884—the expressions, "You, Humphreys and Chamberlain think you are clever," and others are addressed to me, and the only inference is they refer to me, and that as I had a partner Mr. Craig, that addressed to my wife refers to him—I did not put you in an asylum, I was then in Hamburg.
ALFRED DYKE Detective, City.) On September 22nd I went with a warrant to 49, Gibson Square, Islington—I saw the prisoner, and told him I was a police officer, and held a warrant for his arrest charging him with libel—I read the warrant to him—he said, "Yes, I will go with you It is only a row between me and my brother"—I shewed him three post-cards at the station—he said that was the first time he ever saw them.
Cross-examined. Mr. Brown gave me the post-cards—he is Mr. Humphreys' clerk—Mr. Chamberlain did not give them to me.
The prisoner', in his defence, told a long story of his brother's ill-using him by putting him into an asylum, and trying to send him to Australia. He denied that he knew anything of the libels; which did not refer to his brother, who was telling an untruth and ought to be shot, as shooting was too good for him.
GUILTY .— six Months' Imprisonment, and to enter into his own recognizances with sureties to be of good behaviour, ana in default of suieties to be further imprisoned for Six Months. The JURY added they had no doubt the prisoner was insane; but Mr. Grain said the prisoner had been discharged from Richmond Asylum as sane.
MR. RANDOLPH Prosecuted and MR. SYMONDS Defended.
FRANK SHATFORD . I am a clerk, employed in an office at 17, Basinghall Street—Mr. Preen's office is on the same floor and Hallenstein and Co. have offices on the floor below—on June 24th I was in the office at nine a.m.—I answered a knock at the door and saw Lewis—I asked him what he wanted—he said he wanted John Rumney & Co.—I said, "Why don't you go and see," and showed him where their offices were—he went down and knocked, and came back—I told him I did not think they came till ten—I went back to my room—I heard him down stairs—I went and looked over the banisters, and saw him near Mr. Hallenstein's door—I saw him take the key from under the mat, open the door, put the key under the mat again, knock at the door and go in—I communicated with the housekeeper, and went back to my own office—I next saw the prisoner on October 15th at the Mansion. House, where I picked him out from seven or eight men in half a second, after looking at him carefully—I have no doubt he is the man, although he is dressed differently.
Cross-examined. He was dressed more respectably when I first saw him—he had a hat on—he had a moustache, I think, which was dark, but not so thick as it is now—there was good light—I went down through the dock into the cells to recognize him—he then had a cap on—others had caps on.
Street—on June 24th, in consequence of what Shatford said, I went into Mr. Hallenstein's private office—I said to the prisoner, "Why are you here in this private office?"—he said, "I have a message from Hart, Hudson & Co. of Austin Friars, solicitors, I have been to take a message to Rumneys"—I said, "Well, come to Rumneys" Hooked at the Law Directory, but could find no such name—I said, "Will you come into the other office?" where I conducted him, and said, "They will be here in ten minutes, you had better take a seat,"and left him in the office to get a constable—I did not leave the door of the only way out—I took the constable into Mr. Hallenstein's office, where I had left him—I did not find him there, but I found letters directed to Mr. Preen's office on the next floor—I went to an adjoining office and found a window open which leads on to the Wool Exchange, within three feet of which there is a step where the cleaning women come for water, and where there is a door which leads into another place—I took the letters and gave them to Mr. Preen—I identified the prisoner on October 15th at the Mansion House from five or six other men—I had no doubt of him as I had had a conversation with him for a quarter of an hour.
Cross-examined. I was not present when the prisoner was charged—the prisoner had a cap on when identified—the first man I saw had a cap on—one other man had the same style of features, but was taller—no other man was quite so dark—the prisoner when I first saw him was dressed more respectably—he was wearing an Alpine hat, dark clothes, and had a collar. [The prisoner had no collar.]
GEORGE GRAY BROOK : I am a clerk and messenger to Messrs. Preen and Co., chartered accountants, of 17, Basinghall Street—on June 24th I noticed about 9.30 that the cash box which the office by keeps stamps in had been removed from the outtr to the inner office—I had seen stamps in it on Monday, 21st, Tuesday, Jubilee Day, and the following day being holidays—the clerks and principals come about ten—I found it had been prized open and left on the top of the desk empty.
GUILTY . He then PLEADED GUILTY to a conviction of felony at this Court in Jnnet 1893, and other convictions of similar offences were deposed to.— seven Years' Penal Servitude.
MR. PASSMORE Prosecuted, MR. KEITH FRITH Defended Flaum.
WILLIAM CRIDLAND (62 H) Shortly after twelve a.m. on Sunday, October 17th, I was with another officer in plain clothes in High Street, Whitechapel—I saw the prosecutor, who was drunk, sitting on a door step—I saw Petroff' stooping down getting out Nisbet's chain, trying to draw the watch from his pocket—the prosecutor said, "Come, go on; goaway; shortly afterwards Flaum came up, pulled the prosecutor's coat back and tried to get at his waistcoat pocket—then half-a-dozen Jew chaps came up and looked on and passed remarks between themselves—Petroff said, "Come on, old chap, get away home," and they both lifted him on to his feet, turned to the left, and the man went staggering down the Whitechapel Road—I crossed the road with my fellow constable, and the prisoners turned up Osmond Street—I missed my fellow constable
and went back for him, and we ran up Osmond Street—I saw the prisoners holding the man against the wall—Petroff struck him and knocked him on the ground, and stood over him—I went up and said "Halloa, what's the matter here?"Petroff said, "This drunken man has fallen down, and I picked him up"—when the other constable came up he said, "Oh, here's his watch," and 357 City picked that up—and put it in his pocket—this is the watch which was lying about a foot from him—this part of the chain was round the man's neck, the other part was gone—we got further assistance, and the prisoners were detained—I blew my whistle, and a young man went for assistance—seven or eight officers came up, and we took the prisoners to the station—when I told the Inspector what I had seen, Flaum said "I know nothing about it—I gave the man a lift up as I was going home"—Petroff said "I had just paid my lodging, and had come out to get a drink—when I saw the man fall I gave him a lift up, God forbid that I should rob any man"—no woman was there—people were passing—I am sure the prisoners were the same Eien I had seen on the doorstep—I stood a few seconds, and there was a good light from a lamp.
Cross-examined by MR. FRITH. The prosecutor was too drunk to identify Flaum—I heard him say so at the police-court—I do not know the man I sent for assistance to enable me to bring him here—there were about 50 people after I blew my whistle—about a minute and a-half elapsed before the officers came—I heard the prosecutor say at the police-court, "From what I can remember I was down, and the policeman took my watch from my watch pocket,"and" I do not remember shaking hands with a woman—I had not suggested to the prosecutor the evidence he should give.
Cross-examined by Petroff. Very few people passed when the prosecutor was on the doorstep, afterwards a number came up.
FREDERICK GOBY (421 H) I was with Cridland and saw the prosecutor sitting on the doorstep of 134, High Street, Whitechapel, drunk and incapable—Petroff was trying to draw the prosecutor's watch from his pocket—he ther stood up, looked round, and stooped again and got hold of the watch and chain—the prosecutar put up his hands and said, "Don't; leave me alone; go away"—Petroff again stood up—Flaum came across to him and said something I could not hear; then both lifted the prosecutor up—Petroff said to him, "Come along, old man, let us go away home "then they let go cf the drunken man and walked in front of him—he could not walk straight—my brother officer followed a few yards behind—they crossed the road—Flaum looked round several times—I lost sight of the two prisoners, but my brother officer came back to me, and I next saw them in Osmond Street holding the prosecutor up against the wall—we passed them a few yards—looking round, I saw Petroff strike the prosecutor with his right hand—the prosecutor fell to the ground with a tremendous thud—going back, Petroff was on the right side with his left hand underneath him—Flaum was on the left-hand side, holding him with his right hand, and with his left hand underneath him, the prosecutor being slightly raised from the ground—we were 10 to 12 yards—my brother officer went back and said, "Halloa, what is this"—Petroff said, "The man has only fallen down"—Flaum repeated about the same—I took Petroff into custody, and Cridland stood by Flaum—we whistled
for assistance, and police-constable Roper arrived in uniform, and picked the watch, with the chain attached, up from the ground—other assistance arrived, and the prisoners were conveyed to the station—Petroff said, "God forbid that I should assault or rob any man"—Flaum said, "The man only fell down; I was only assisting him up"—he said something else which I hardly understood.
Cross-examined by MR. FRITH. We did not take the prosecutor's watch from him, I heard him say we did at the police-court—I took the other portion of the chain off his neck to show the inspector where the chain had been broken—he was locked up for being drunk, and was bailed till Monday—I did not see any woman present, there might have been when the whistles were blown: about two minutes would elapse between the prosecutor's fall and our Coming up—I have been in the force 10 years—a considerable crowd might collect in that time.
Cross-examined by Petroff. We watched you from the kerb-stone about three or four yards from you—I am sure you were there.
GEORGE ROPER (357 H) I was in Osmond Street about 12.30 a.m. on October 17th—I heard a whistle and went in that direction—I found the prisoners detained by two plain-clothes officers, who are now in uniform—the prosecutor was lying on the pavement, face downwards, and insensible—my attention was called by one of the plain-clothes men to a watch, I picked it up and put it in my lefthand pocket, with a portion of the chain, the other portion was attached to his waistcoat after he was picked up—it was lying on the right of the body of the pavement and was broken off the chain—with the assistance of the constables we took the prisoners to the station, there Flaum accused me of taking the watch from the prosecutor's pocket, which I deny—I have seen Peti off before, but not the other one.
Cross-examined by MR. FRITH. The prosecutor was drunk—he was charged with being drunk and incapable—he did not sign the charge sheet in my presence—I remember the prosecutor saying at the police-court, but not at Bow station, "From what I can remember I was down and the policeman took the watch from my pocket, he took the chain off my neck in the cell," and "I do not remember his shaking hands with a woman."
Cross-examined by Petroff. I only know you to be a potman—I know nothing against you.
JAMES NISBET . I am a labourer living in Walworth—early on October 17th I was in Whitechapel High Street the worse for liquor—these are my watch and chain—I was insensible—I hardly know what happened all the night—I do not recollect anything.
Cross-examined by MR. FRITH. I was under the apprehension that the police took my watch—I was sober when I gave that evidence—I believe it now—I am more sober now than I was then because I am more recovered—I should not have known the police nor the prisoners on that Monday—when I was released on the Sunday morning at six o'clock the Inspector said "You will have to appear at Worship Street at ten o'clock on Monday morning, and there is a further charge, but we have your watch and chain all right," and I came to the conclusion the
police had taken it to the station, and on that I made my statement—I have no recollection of what took place when I was drunk.
Evidence for Flaum.
HENRY EVANBURNHAM . I live at 34, Gun Street, Spitalfields—on Sunday morning, October 17th, I was passing through Osmond Street—a woman singing drew my attention, and I saw a woman shaking hands with a man leaning up against the wall—the man fell with his face to the ground, and the woman the other way about—then I saw the woman get up and walk away—then I saw two men come to help the man up, and two others rush forward and hold the two men—I cannot say whether the prisoners were the two men—Flaum is not one of them—then I heard the other two men, whom I believe are police officers, say, "Doyou know this man"?—one of them said, "No," and the police told him to go about his business—then I see she officer catch hold of Flaum—I saw Flaum standing eating nuts on the other side of the highway, and throwing the shells on the ground, when the man fell—the police took another man first, asking if he knew the man, and then he took Flaum—I did not say a word, I did not think it was my duty—Flaum said, "What is this for"?—I was too tired and weary to go the station—I sell fruit—I thought no more about it till I received this (A subpœna)—I did not think it was so serious—I thought they took him to the station to ask if he knew anything about it—from what I saw, Flaum had nothing to do with it—40 or 50 gathered round; there were only three or four at first—I passed the remark to the people, "They have taken the man for nothing"—they did not answer, and I said, "I fully believe the man is innocent." Petroff, in his defence, produced a long written statement to the effect that he saw a man and woman drunk, and tried, with the other prisoner, to assist them, when both were taken into custody. Two witnesses were called, who did not answer. Then Petroff asked for mercy, saying he had never been guilty of robbery.
GUILTY .—PETROFF, who had been several times convicted— Three Years' Penal Servitude. FLAUM, who had been convicted, but received a recent good character— Twelve Months' Hard Labour.
OLD COURT.—Saturday, October 30th, 1897.
Before Mr. Justice Ridley.
MR. MUIR Prosecuted, and SIR EDWARD CLARKE and MR. MOYSES defended Hains; MR. GEOGHEGAN defended Eshelby.
NOT GUILTY .
NEW COURT.—Saturday, October 30th, 1897.
(For Case tried this day see Kent Cases).
THIRD COURT.—Saturday, October 30th, 1897.
Before Mr. Common Serjeant
MR. MORGAN Prosecuted.
The charge in this case arose out of an attack on the prosecutor in a brothel. GUILTY —WHITE**† also PLEADED GUILTY to a conviction of felony at West London Police Court in April, 1895. HANDLEY**† to a conviction at the North London Sessions in June, 1891, and WELSH**† to a conviction at the West London Police Court in August, 1896. Other convictions were deposed to against each, who were stated to belong to a dangerous gang of thieves. Seven Years' Penal Servitude each.
MR. MORGAN Prosecuted, MR. SYMONDS Defended.
CHARLES WILLIAM FRANCIS WILLIAMS . I carry on business as Bryden and Co., corn dealers, 203, High Road, Kilburn—at the end of 1896 I arranged with the prisoner to sell goods on commission—I agreed to pay him 5 percent. commission on the returns, the customers were to be his connection, and he was to collect and hand the money to me, the cheques to be paid into my bank when received—there were transactions first on and then subsequent to December 19th, on which I paid him commissions on the orders he had obtained—he introduced Mr. Ling, corn dealer of the Borough Road, Southwark, as a customer—I paid him three com-missions on Mr. Ling's orders when he brought the orders—there was no account between us—subsequently I gave him an additional 1/2 percent, commission on certain goods—he had no authority to put my name to cheques, nor receive the proceeds—this cheque for £5 I received from Mr. Ling after it was paid through his bank—it is endorsed by the prisoner—I never received the proceeds—I know the prisoner's writing (This was on the London and County Bank, and endorsed "Bryden & Co.")
Cross-examined. There was no written agreement—I paid the prisoner no salary—I expected him to settle within a reasonable time, say once a week—he never drew a cheque to me—I gave him a cheque for £5 on February 10th—it might have been post-dated—I did not then owe him £7 10s.—the cheque was not due for extra commission—he had received £15 or £16 in cash and not accounted for it—the endorsement is the prisoner's ordinary writing, not disguised—if I made a bad debt it was my loss, not his—I took the customers to be sound when the prisoner brought the orders and said he had done business with them for years—almost every one of his customers were bad debts, but some have been paid through the County Court—I was annoyed and angry with him about them—I did not want him to pay me the money because I knew he could not—I made no offer as to his paying the money—his wife came to see me before the charge was brought before the Magistrate, and begged me not to prosecute as he was in weak health, and she said he had a son in
Johannesburg, and if I would hold the proceedings over he could communicate with his son who was in a good position, he no doubt would pay everything—I had applied for a summons—if it is down, I said at the police-court "I said if he took over the customers' debts, and paid me £170, I would withdraw the charge,"but that is not exactly what I meant; I said what any business man would say, and the following day I went before the magistrate—nothing came of the proposal, I did not expect it to—I was in the hands of the solicitors, but if the money had been forthcoming, I do not suppose we should have gone on with the prosecution—I have known the prisoner eight or ten years as a traveller for different firms—I did not know his wife till I called, and could not get to see him—he has been twice married—I wrote him, "I am in receipt of your note of last Saturday, which naturally is very disappointing to me" and "I feel you have done your best, and it is no fault of yours that the beggars do not pay"—I believed the man at that time to be straightforward and honest till I found him out—I opened the book with his commission every time he called—he had no other access to them—I have letters from him here, and there is no suggestion in any of them that I was indebted to him, it is all the other way about.
Re-examined. He had no authority to appropriate these cheques.
GEORGE LING . I am a corn dealer of the Borough Road, Southwark—I became a customer of Mr. Williams through the prisoner, and received goods from Bryden & Co. with an invoice—I handed the prisoner a cheque for £8 8s. on March 10th, and on May 7th this cheque for £5 payable to Bryden & Co. to order, and dated May 10th—it was presented and paid on the 25th, after which I received an application for the amount from the prosecutor.
Cross-examined. I gave it to the prisoner on the Friday before that Monday—I had known the prisoner about three years—he has borne the character of a respectable man.
WILLIAM TURNER (Detective X). On September 13th in consequence of communications made to me I watched the prisoner's house at Harlesden—I entered by the back door, which was opened by his wife—I saw the prisoner and told him I was a police officer, and held a warrant for his arrest—he said "I have a perfect answer to the charge, I intended to surrender myself to-day if you had not come"—originally there was a summons but the defendent did not appear, then the warrant was applied for and granted at the Harlesden Petty Sessions—he was taken to the station and charged—he made no reply.
Cross-examined. I kept observation on his house two months—the warrant is dated July 29th—the summons was dated about a week before that.
The prisoner received a good character.— GUILTY .— Six days' imprisonment.
OLD COURT.—Monday and Tuesday, November 1st and 2nd, 1897, and following days.
Before Mr. Common Serjeant.
MESSRS. HORACE AVORY and MUIR Prosecuted; SIR EDWARD CLARKE, Q.C., with MR. GRAIN, for the Defence of Tarrant; MR. LAMBERT and MR. SANS for Fenn; and MR. ELLIOTT, with MR. DAVIES. for Culliford.
CHARLES EVANS . I am a musical director, and reside at 18, Brighton Street, Secombe, Cheshire—some time in May or June last year I received a circular, of which this produced is a copy (read): "Fourth Year—The Augurial Syndicate—Shares £5 each—Committee, H. W. George, 11, Fenchurch Buildings; Alexander Barneveldt, Custom House; H. J. Burnett, Royal Aquarium; Herbert A. Gustavson, founder and manager; John Anstruther, auditor; F. G. Robertson, chartered accountant, 14, Great Winchester Street, E.C., &c.—Statement of profits on £5 shares for the last three years' business, £41 14s. 9d., £62 17s. 8d., and £56 11s. 2d., in addition to return of subscription at the end of season &c."—I read it—I believed the statements contained in it, and I sent this cheque for £5 for one share in the Augurial Syndicate—I got no acknowledgment—I wrote again two or three times—I got no reply—the cheque was paid; I tried to stop it, but was too late—I then communicated with the police.
Cross-examined by SIR EDWARD CLARKE. I took an interest in horseracing at that time, and was in the habit of betting for a couple of years, and taking some sporting papers, not the Sporting Life. I did not know till later that investing in horses was recommended in the Sporting Life, but I understood so—I heard that "Augur," of the Sporting Life, was one of the best known advisers in sporting matters—the advice was that the money should be invested as "Augur" recommended, on a system—I did not know what the system was—I thought if that advice was followed the money would be made—I did not know that in 1895 it was successful, I never took in the paper—my idea was that the money was to be invested on "Augur's" nomination—I never had any acknowledgment of my cheque—I had heard of "Augur" as a sporting name—I did not look in the paper to see whether his nominations were followed—I went on backing horses for myself during the year for some time.
Re-examined. I had nothing to do with "Augur's" predictions up to the time I sent my cheque—there was nothing to prevent my taking the paper and following "Augur's" predictions—there was not a single word in the circular about the system proposed to be followed—there was something about its being explained—I waited for that explanation—I am still waiting—I do not know what it is—I have had nothing since I sent my cheque.
Cross-examined by MR. LAMBERT. I waited for a reply to my first letter, and I wrote a second time and had both letters returned through the dead-letter Office—before the magistrate I don't think I was asked whether I wrote a second time—I have not my bank book with me, I saw it last week—I have the cheque—it went through Brown, Janson & Co., not through the Commercial Bank—it is endorsed "Jno. Thomas"—that is the name of the secretary of the Augurial Syndicate.
think it was a white one lite this produced—I saw the heading of it, about the last three years' profit, and that this was its fourth year—I read the circular all through—I believed the statements in it—I saw the balance-sheet on it—that impressed me a little bit—the circular brought with it an application for shares—I filled up one of the application forms and enclosed a cheque for £5 for one share the Augurial Syndicate—this is ihe cheque, dated March 24th, 1896, I made it payable to F. Thomas, the secretary, I got a receipt for it, and another circular not many days after—I received 10s., and subscribed anoher £5 for another share, dated April 6th, and I received another 10s. and another 7s. 6d. dividend, altogether £1 7s. 6d.—on May, 21st I received another circular, but before getting that, I had subecribed a further sum of £5. I read that circular and then burnt all the papers, at least my wife did—she opened the circular before I saw it—I got no more dividend, and heard no more of the syndicate. (This circular stated that the money had all been absorbed.)
Cross-examined by SIR E. CLARKE. I had not been in the habit of putting a litle on races before this, and had never had any sporting paper in my hand—I know nothing of "Augur"—I was quite raw to it—I had made no inquiry about him—I thought the circular that it was absolutely certain that such a result could be obtianed—I got no Paper stating that "Augur's" selections were bad.
Croos-examined by MR. ELLIOT. I did not read of the circulars—I did not care about the names so long as I made money.
By MR. LAMBERT. I read this circular—I did not ask for any explanation of the system—I expecled to get a return for my money—I had a copy of the rales with the prospectus—for anything I know I had received the rules before parting with my money—I suppose I understood them—they state that the profits are to be distributed monthly, and that meeting are to be held in London—I went to those meetmgs—I was perfectly satisfied—even now I am not complaining.
Re-examnied. I don't like losing my money—of course I was taken in it's no use complaining when the money is lost—I never heard anything about "Augur" or the Sporting Life.
WILLIAM HENRY TOOVEY . I am a manufacturer, of 115, Bishopsgate Street Without—in March 18th, 1896, I received a circular of a syndicate—I believe it was pink, like this (produced)—I read it and believed the statements and sent £5—I went to 66, Finsbury Pavement and saw the name painted on the wall, but did not go in—I do not know any of the prisoners—I no doubt got a receipt, but I have destroyed the papers—I got 10s. dividend, probably three weeks afterwards, and with it a letter regretting that it was so small an amount, and hoping it would be better next time—this is my cheque, it is dated April 8th—there was a printed circular stating that the money was lost, and asking for more money to be applied in the same way—I did not send any more—before I sent the £5, I got a letter, which I destroyed, it stated that what was set forth in the prospectus, that it had been audited by a chartered accountant who would not have staked his reputation upon it if it was wrong—I went to Winchester Street to see if there was such a man, and saw the name of Robertson there, and that is why I sent the money.
Cross-examined by SIR E. CLARKE. I was not examined at the police-court—I
sent my money on enquiries which I made afterwards—my principal enquiry was about the account in the name of the chartered accountant, S. C. G. Robinson, was given on the circular, and I went there and found that he was there—I went there last week to see if the name was still up—I have not been in the habit of betting at all—I thought Mr. Anstruther was the man who attended races, that he was the big man in the sporting world and had the opportunity of making money—I knew nothing about "Augur,"and made no enquiry about him before I sent my £5—I did not see any sporting paper—I got 10s. for the first three weeks, that would have satisfied me—I did not attend the monthly meetings, though the circular invited me to do so, that made me think it was safe—I went several times to the accountant's and saw the name up, and afterwards I found that it was down.
Cross-examined by MR. ELLIOTT. If I had received my dividend I would not have gone to any of those names, I thought the principal was guaranteed and I could not lose more than £5—I thought a leading man like Anstruther would always win.
Cross-examined by MR. LAMBERT. I advanced the money, and thought I was not going to be put to any risk—however successful Mr. Anstruther might be on the race-course I was to be safe—I thought my money was to be invested in horse racing which there is no certainty about, but the money being lost took me by surprise, because I thought I should get it back, not that it was as safe as Consols or Government securities but I thought it was as safe as any commercial undertaking—my letters were always answered.
Re-examined. The system was not explained to me beyond the circular—if it is not mentioned in the circular, that probably was the first time "Augur's" name was mentioned to me—I believed this first paragraph beginning, "Augurial Syndicate formed three years ago by Mr. Anstruther," and that it was "less risky than many commercial undertakings," and that it "was not a gambling speculation, but a thoroughly methodical one"—the result of each £100 deposited it is calculated on the results of 1893, '94 and '95—it states that each £100 has made a profit, and that in addition that the capital was returned—that is why I executed it—I got no account of any monthly meetings—I might have gone there every day for a month—I did not see the chartered accountant himself, I only saw his name—I went last week and his name had disappeared—I had not been to look before.
PHILIP CLEMENT O'NEILL . I am a clerk, of 13, Gilmore Road, Lewisham—I received a copy of this circular of the Augurial Syndicate, I read it, and believed it was genuine; I sent an application form and a cheque for £5 on the Deptford branch of the London and County Bank; I cannot remember exactly when I sent it, I think it was last year, but I am not sure; I received a reply, and a dividend of 4s. or 5s.—afterwards received a circular asking further subscriptions.
Cross-examined by MR. LAMBERT. I cannot give the date when I received the first circular—I sent the cheque a day or two after—I believe I got a receipt, but I really forget—I do not remember when I got the second circular—I read the first circular as I would an ordinary one—I do not remember the names of the committee—I did not know any of them.
Company, Westminster—Miss Minnie Burnett has been employed there, singing, since February, 1892, and is the only person of that name entitled to give that address—I do not know either of the prisoners in connection with her—I have never seen them before, to my knowledge.
Cross-examined by SIR EDWARD CLARKE. she is still employed there; there is no difficulty in getting her here.
Cross-examined by MR. ELLIOTT. I have been employed there 25 years—I have looked back since 1892, and cannot find another Burnett—a great many businesses are carried on at the Aquarium, and in September I enquired at the exhibits and side shows, and can find no Burnett; there were no artists—my enquiries extended to 1892; there was no other Burnett employed to my knowledge, and I came in contact with everybody.
CHARLES JAMES TAVLOR . I live at 43, Torriano Avenue, Camden Town, and am owner of No. 41—a man named Duscanton lived there up to June, 1896, and ran away without paying his rent—there was a bill of sale, and I took possession—I have not heard of him since.
Cross-examined by SIR EDWARD CLARKE. I let him the house in 1895; he was a Russian produce merchant—I had references with him, and got the rent all but the last quarter—he left before the end of the quarter, in June—the rent was £48 a year.
ALEXANDER BARNFELDT . I live at 3, Cross Lane—I see my name printed here as a member of the Augurial Syndicate; I never authorized that—I am described here as of the Custom House, Wool Quay—that is where I carry on business—I know Culliford as Sullivan, Fenn as Anstruther, and the third prisoner as Tarrant—I went to the office on May 13th, 1896, and saw that my name had been printed—I saw Tarrant and a tall lad, without whiskers, and a young girl in an inner room—I asked for the circular, which was handed to me—I do not know that I read it then, I put it in my pocket—when I came to look at it I found my name, and wrote a letter to Mr. Thomas, the Secretary, which I handed to Tarrant personally—this is a copy of it—[dated May 13, and requesting that his name be excluded from the circulars]—I did not know that Tarrant was Mr. Thomas, the Secretary.
Cross-examined by SIR E. CLARK. I think Tarrant printed some circulars for me, 25 years ago, but up to just before this syndicate I had not seen him since; but I recognized him at once—he was trading in his own name when he did the printing.
Cross-examined by MR. ELLIOTT. I know Culliford, but not in I connection with this Syndicate.
Cross-examined by MR. LAMBERT. I knew that the system comprehended going to the races to back horses by the prophet of a news-paper—I went to a race once and bought a card, and saw that there was more than one race—I know that on the morning of the race the prophets give tips in the sporting papers as to who is going to win—it was not explained to me that if a sovereign was placed on at three to one, and the horse won, I should win £3; but you have explained it—Mr. Anstruther came to me and revealed to me the system of this racing, and I was certain that it was sound and good and if that system was followed I think the probabilities are true of its success—he did lay down a plan to me going down and rising up, and finally pursuing that course will bring you success.
Re-examined. I subscribed nothing—it was not a commercial speculation—I think I remember the name of Augur being mentioned.
HENRY GRAHAM . I am a lithographer, one of the firm of Graham Son & Ridley, of 6, Furnival Street, Holborn—I have done printing for Tarrant, and know him by that name. These invoices show the printing we did for him, and the dates. The earliest printing we did for him was on December 16th, 1895, and the last on July 4th, 1896. These form a series of circulars of syndicates, including the Augurial Syndicate, Henry Bishop & Co. 10, Wormwood Street—that relates to Monte Carlo—we also printed for him a circular of the Guarantee Stock and Share Corporation, dated February 18th, 1896. 25, Broad Street House, E.C., that relates to speculations in stock and shares. We also printed for him a number of prospectuses in the name of Frank Tarrant & Co., of 70, 71, Bishopsgate Street—The first of these was printed on April 16th, 1896.—That also was a circular relating to speculations on the Stock Exchange—amongst others on the file there are the circulars of the Augurial Syndicate—March 16th, 1896, is the first date we printed these—we also printed this white circular dated in March, and addressed on the endorsement as Victoria Street, Westminster—no number and no bankers—The next Augurial circular is dated April 16th, I think—one has F. Thomas, address 66, Finsbury Pavement—This card printed May 29th, is the last Augurial circular we printed.
Cross-examined by MR. LAMBERT. In the circular printed on March 16th the banker's names are left blank—I cannot say we printed more than one of these—It is not a proof, but a file copy—I can see by the invoice how many we printed—these file copies are put away at a certain time, and this is one of them—If it were a proof it would be written on "Approved," or there would be an alteration in it—this was taken out of the place where we keep file copies.
Re-examined. That reason makes me quite sure—there were about 7,500 copies of each.
ROBERT BARRATT . I am a printer of 104, Pentonville Road—In May, 1896, I printed some circulars bimilar to exhibit 78, for a traveller named Walsgrove—I knew him before as being employed with me at Milton, Smith' & Co.'s—I printed 10,000 copies of this—I struck off a proof—I think it was sent by post to 66, Finsbury Pavement—I think I have seen Tarrant—I did not know him as Tarrant—I saw him once at Finsbury—I think when I called and left a proof—the printing came to £12—I was paid by cheque for the first, by Walsgrove, signed by Anstruther.
HENRY EVANS . I am order clerk to Messrs. Milton, Smith & Co, printers, of 15, Devonshire Street—I recognise Tarrant—my firm has done work for him—we printed a number of circulars for Frank Tarrant and Co., of 70 and 71, Bishopsgate Street, in 1896 and 1897—we also printed circulars like this for him, of Messrs Hay and Foster, 10 Copthall Avenue—the order came through Walsgrove—we also printed a number of circulars for Walsgrove in the name of George Marchant and Co., headed" The Guaranteed Investment" [produced] also "The Monaco Joint Proprietary Fund"—in January, 1895 we printed this circular for Ward, Jansen & Co., and both these application forms for Copthall Avenue and Mansion House Chambers.
PERCY ROBERT ERWOOD . I am secretary to the landlord of 66, Finsbury Pavement, where we let an office in March, 1896, to Tarrant—I asked for references, and he gave me the names of H. W. George and Co., wine merchants, of Fenchurch Buildings, and Mr. J. Burnett, of Frewin Street, Earlsfield—I went twice to George & Co., and found no one there—I wrote and received this answer. [This stated that Tarrant, and Co. would be respectable and responsible tenants for the rental mentioned.—Signed, H. W. George & Co.] I wrote to Mr. Burnett and received this letter (stating "that he had known Tarrant & Co, many years, and have done business with them, that they were highly respectable, and good for the rental of £60 per annum.—J. Burnett")—I asked him what business was going to be carried on there, he said, "A foreign paper agency"—I was satisfied with the references and let the offices furnished at £59 odd, he signing this agreement—I afterwards saw the name up of the "Augurial Syndicate," and something about "Anstruther," and, I think, "T. Thomas" or "F. Thomas"—in June, 1896, the police came to me—I called at the office and left word that I wanted to see Tarrant, and he came to me—I said they were carrying on a business that was not allowed—they had broken their agreement, and would have to go the same day—they had paid the rent in advance.
Cross-examined by SIR E. CLARKE. I heard they were carrying on a gambling business, and that it was illegal.
Cross-examined by MR. ELLIOTT. If the police had made a raid on the place it would have been a great annoyance—I did not lose a halfpenny by them—they did nothing to cause any annoyance so far as I know.
ANNIE WHITE . I am a widow and housekeeper of 66, Finsbury Pavement—I recognise Tarrant as occupying offices there in 1896 in the name of the Augurial Syndicate—there was a man there known as Anstruther—I saw him at the Mansion House. When they left, Tarrant gave me a parcel of papers and books, and asked me to keep them till Anstruther came for them—I think that was in June, 1896—Anstruther came shortly after—I don't think letters came for them after they left—they left no address.
Cross-examined by MR. ELLIOTT. They behaved well while there.
Cross-examined by MR. LAMBERT. I am sure Anstruther called about a week after for the books and papers, and I gave them to him.
FREDERICK COLLIS . I am a clerk, and was engaged by Tarrant on March 30th, 1896, at the offices of the Augurial Syndicate—I saw Anstruther there, known here as Fenn—I knew Culliford by seeing him with Anstruther—I was there two or three weeks when I left, as they said they were going to have a lady clerk—I did not keep any books, there were four or five—Tarrant or Anstruther kept them—I copied the addresses on envelopes from the slips supplied by them—I did not put anything in the envelopes—Tarrant opened the letters—some came addressed to Mr. Thomas, the secretary—I saw one or two cheques on his desk made payable to him.
Cross-examined by MR. ELLIOTT. I never saw Culliford at the office; I saw him in the street with Fenn two or three times.
Cross-examined by MR. LAMBERT. I knew the class of business carried on—Anstruther was away very often—I do not know that he was. attending races—I sent out 30 or 40 dividends in the three weeks
I was there—I did not make out the cheques, so don't know the amounts—I heard they were dividends—I do not know that Anstruther was away all the week.
ALICE MAUD PLOWMAN . I am a clerk, and was employed by Tarrant in May, 1896, at 66, Finsbury Pavement—I do not remember writing letters at his dictation—I wrote this one, dated May 12th, 1896—I stopped there about a week—Anstruther also conducted the business—Tarrant went by the name of Thomas—I had not seen Culliford before I saw him at the Mansion House—after I left Finsbury Pavement I went to Devonshire Chambers, still as clerk to "Frank Tarrant & Co.," where I remained till Tarrant's arrest.
Cross-examined by SIR E. CLARKE. I was at Finsbury Pavement about a week—I don't remember writing letters, but I must have written this of May 12th—I do not remember who told me to write it—I do not remember seeing any books there, or if there was a safe there—about half-a-dozen letters a day arrived—I did not know Tarrant's name till I went to Devonshire Chambers—I only knew him as Thomas—when I went to Devonshire Chambers I knew his name was Thomas Tarrant—It must have been about the beginning of May that I went to Finsbury Pavement—I merely went there to address envelopes.
Cross-examined by MR. ELLIOTT. If Culliford had come in I should have seen him.
Cross-examined by MR. LAMBERT. I knew I was acting for the Augurial Syndicate—I did not know it had anything to do with racing—I know it now—I saw Anstruther there about half-a-dozen times—he was away whole days at a time—he had a race-glass on his back once—I heard of the berth through a friend.
PERCY T. NIXON . I am clerk in the Mercantile Bank of London, 6, Old Jewry—Culliford had an account there in the name of Burnett, of Fenchurch Buildings—I knew Fenn by the name of John Anstruther, of 66, Finsbury Pavement—he opened an account on March 14th, 1896, in that name—he was introduced by Burnett—it is our practice to require a reference—I produce a copy of Anstruther's account which I have examined with the bank books—it is correct—we do not belong to the Clearing House, we clear through Brown and 1'Anson—this cheque for £5, drawn on June 1st, by Charles Evans, appears in the particulars—I do not know the writing of the indorse—I know Tarrant by sight—I have seen him at the bank with Anstruther—this post-dated cheque of April 21st for £5, drawn by John Rollings was paid in on April 20th—The next cheque of Rollings is for £4 10s., dated April 6th—at the same time that that is credited, there is one of John Anstruther's for 10s.—the next cheque of Rollings' is March 24th for £5, paid on 23rd, also post-dated, that is part of £65—this cheque of W. H. Truby's was paid in on April 8th, to the credit of the same account—between the opening of the account and June 5th, the total amount credited is £1,096—after that, £86—the account was not operated upon after October 3rd, 1896.
Cross-examined by SIR E. CLARKE. Tarrant had nothing to do with the account, as far as I know.
Cross-examined by MR. ELLIOTT. Culliford had nothing to do with the account beyond giving instructions to Fenn—there was a fair balance all the time the account was there, and it was properly closed.
Cross-examined by MR. LAMBERT. When we have a country cheque to clear, in some cases we can do it ourselves—we did this through our bank—this cheque, drawn on June 3rd by Charles Evans, went through our bank, and the particulars are in this account—I made out the accounts from our books—on April 1st there is a balance in hand of, £139—that was after the concern had been banking with us for about a fortnight—there were several cheques drawn on April 7th, 8th, 9th, 10th, and 11th, varying in amount from 10s. to £15—the account was closed in the ordinary way by the person who opened the account simply withdrawing the amount.
JAMES HAYLOCK . I am a greengrocer, of 79, Vauxhall Bridge Road—I have known Fenn about 14 or 15 years as Frederick Fenn—he was in the same trade as myself, near me—he used to be in the trade about three years ago—he was pretty constantly in his business.
Cross-examined by MR. LAMBERT. I believe he carried on his business successfully, and his reputation was good.
MARY PERCY . I am a widow, and housekeeper of 11, Laurence Pountney Lane—I knew the prisoners by the names of Anstruther, Burnett, or Culliford, and Hawkins—Burnett occupied an office at my place—he had a name put on the office door 'The Progressive Wine and Spirit Co."—I saw Fenn there frequently and Tarrant—I occasionally saw Hawkins—letters used to come addressed to Burnett, Culliford, Anstruther, Fenn, and Hawkins—I used to give them all to Burnett—they left about June, 1895, and their goods were taken by the landlord for rent.
Cross-examined by SIR E. CLARKE. I have heard the name of Tarrant at that office, he used to come there occasionally—there were other names that letters used to come for, which I forget—I recognise one of the prisoners as Hawkins—I have not given evidence at the police-court, though I was called—I have seen Tarrant, but do not know him by any name—I do not know Hawkins, nor do I remember seeing him before—I think it was Tarrant I knew by the name of Hawkins.
Cross-examined by MR. ELLIOTT. Culliford was in business there about eighteen months—I went into the office occasionally and saw wine and spirit bottles there, apparently full—a wine and spirit business appeared to be carried on.
Cross-examined by MR. LAMBERT. I am certain I recognise Anstruther, I and that letters were addressed to him there, and to Fenn also—Nobody suggested that letter came in the name of Fenn, and I have not talked the matter over with anyone—I volunteered this evidence—I frequently saw Fenn there at first.
JOHN E. BRACHER . I am a clerk to Mr. Harris, Solicitor, of 95, Leadenhall Street—I know Culliford Anstruther, or Fenn—I knew Fenn as Anstruther; Culliford once said he was Burnett—I had charge of an action brought by Duff against Anstruther—I got judgment against Anstruther, and made him bankrupt—There were two actions, the writs were issued in May and June, 1894, in the High Court—The judgment would be at the end of 1894—he was made bankrupt in 1895—I had to get substituted service for the first writ—I served the writ on Culliford at 27, Jewry Street—he told me he was Anstruther's manager—I remember Culliford's arrest in connection with the Jubilee Syndicate—a
warrant was issued from the Bankruptcy Court for Anstruther's arrest—I think I saw Culliford about the May before his arrest—he said, Anstruther did not like the bankruptcy hanging over his head, and if I made a suggestion it might induce him to get the money and get rid of it—I was present at a private examination of Culliford on Anstruther's. bankruptcy on June 18th, 1895.
Cross-examined by MR. ELLIOTT. My dealings with Culliford were on behalf of Anstruther—I do not complain of Culliford—he told me he was Burnett when I went with the official from the Bankruptcy Court to serve certain papers on Anstruther—I said, "You are Culliford.'
Cross-examined by MR. LAMBERT. I and my principal had charge of the bankruptcy proceedings—he was never seen after the examination.
MARY WALLIS . I live with my husband at 7, Red Lion Street—we were formerly caretakers at 2, Portsmouth Street, Lincoln's Inn Fields, where there was an office occupied by Marchant & Co.—it was only for receiving letters, a very small room parted off from another, at a rent of 2s. 6d. per week—letters came there; there was a letter-box for Marchant and Co.—Tarrant fetched the letters, but my husband had more to do with that—Tarrant resembles the man who fetched the letters—it was in 1894; the early part—I did not see George Marchant there—after he had been there about six months we had a visit from the police—my husband told him, and he went immediately—they did not leave any address—the letters that came were returned to the post office.
Cross-examined by SIR E. CLARKE. There was a Mr. George Marchant there, and some one like Tarrant came there—I never heard that his name was Tarrant.
JOHN WALLIS . In 1894 I and my wife were caretakers at 2 Portsmouth Street, I remember the office being let at 2s., 6d. per week—the name of the tenant was "Marchant & Co."—a man like Tarrant used to come for the letters—when the police came I told him that somebody had been from Bow Street—he asked no particulars, but paid me up and gave me the key, and left without leaving any address.
Cross-examined by SIR E. CLARKE. I should know the young man called Marchant if I saw him—I never heard the name of Tarrant.
ERNEST J. RICHARDS . I am a furniture dealer of 10, Copthall Avenue—I think I saw Tarrant at 22, Budge Row—I let an office at 10, Copthall Avenue to a firm called Hay & Foster—I had an office at 86, Leadenhall Street—I do not know whether Tarrant was in occupation of that office.
GEORGE INGLIS BOYLE . I am an official in the Record Office of the Bankruptcy Court—I produce the File of Proceedings in the Bankruptcy of Frederick Anstruther, who was adjudicated a bankrupt on May 14th, 1895—he is still undischarged—he never surrended for examination—there is upon the file the examination of Alfred George Culliford, which I also produce—he traded as H. W. George & Co., of 11, Fenchurch Buildings, and was adjudicated bankrupt on March 1st, 1897—he is still undischarged—he was publicly examined on May 27th last—he says in reply to these questions: (2) that he was formerly a partner of Alfred Culliford & Co., wine merchants, who became bankrupt in 1875; (17) that from 1889 to 1894 he was a salesman in employment, that in April, 1894 he re-commenced business as the Provincial Wine Company;
(26 and 27) that he assumed the name of Frederick Burnett, and gives as his reason that he had just left the employment and did not want his late masters to know of his business; (34, 44 and 51) that this business was unsuccessful, and in the early part of 1895 he abandoned it, and that for twelve months after 1895 he sold wines and spirits on commission in the usual way, and had no office at all, and that in February, 1806, he again commenced business under the style of H. W. George & Co., and that in November, 1896, he was served with a Petition of Bankruptcy, and that the landlord took possession for rent; (53) that since that time he had been at the old business of selling wines and spirits on commission; (77) that there was a claim against his estate for £100 on account of his having become bail for Fenn, the brother of his friend, whom he did not know much about, and that the brother was also bail.
Cross-examined by MR. LAMBERT. There were two creditors on the File, John Duff and a collector of taxes, the amounts being 13s. 2d. and £851 1s. 4d. on the judgments.
JAMES BURGESS . I am housekeeper at 86, Leadenhall Street—two offices Nos. 16 and 17 on the third floor were occupied by George Marchant & Co. at the end of 1894 and the beginning of 1895—Tarrant appeared to manage the business—I believe he had the key—he got the letters that came there.
Cross-examined by SIR E. CLARKE. I took Tarrant to be Mr. George Marchant—there was another man there I thought was a clerk—he worked as a clerk in the offices—to the best of my recollection I saw Tarrant two or three times a week—the postman delivered letters there, but occasionally I would take them in.
GEORGE HUME . I was managing director of the Imperial Mortgage And Debenture Company at 28, Martin's Lane and formerly 22, Budge Row—on November 27th, 1894, Tarrant signed this agreement for taking an office at 22, Budge Row—it is between the Mortgage Company and Thomas Tarrant—the tenants went out, not giving notice or paying rent—we opened the door—we did not get back the keys.
Cross-examined by SIR E. CLARKE. The agreement was made by my secretary and myself—I had the usual conversation with Tarrant as to agreeing to let and to take the premises—the references were so far satisfactory; and we accepted him as tenant at £35 per annum—we retook possession in September, 1895—we got one payment of £10—the offices contained mostly our own furniture, but I believe there was an office and a table—eventually the whole of the furniture in that room was sold for £5, including ours.
Re-examined. This is one of the references I got—it was sent to my secretary: (Stating that Tarrant had been a tenant at 11, Victoria Street, three weeks, and the little known of him was favourable.)
FREDERICK THOMAS . I was secretary to the Imperial Mortgage and Debenture Company, Limited, formerly of 22, Budge Row—Tarrant occupied an office there under the agreement produced—"T. Tarrant" was not on the door, but in the corridor—there was a paper of "The Monico Joint Proprietary Fund"—I asked Tarrant to discuss that matter, we thought it was, not a proper thing and had it removed—a circular came back to the office which I produce—he remained about a twelvemonth.
[The circular was as to "an unparalleled opportunity of investment Well's system based on the law of averages."]
WILLIAM HENRY REYNOLDS . I am house steward at Mansion House Chambers, 11, Queen Victoria Street, which is also 20, Bucklersbury—the office No. 431 in that building was taken by a Mr. Narburgh on November 28th, 1894—his name was not on the door—I cannot remember the three names there were there.
LOUISA ROBINSON . I am housekeeper at 10, Copthall Avenue the beginning of 1895 an office on the third floor was occupied by a firm called Hay & Foster—Culliford I knew as Foster—to the best of my belief it was Culliford—some man came for letters, then Foster came after him—that man told me several times to tell Foster he was at the Swan's Nest public-house.
Cross-examined by MR. DAVIES. They were there about three months and I saw three people—Hay called once—I saw the others every day—I will not swear to Culliford.
THOMAS ABBOTT (Detective Inspector, City.). In December, 1894, I was making inquiries as to Hay & Foster—I called at Mansion House Chambers, 11, Queen Victoria Street, Room 431—on the glass panel of the door was" Ashley, Thompson, & Paget," and underneath was painted "Hay Foster, Accountants"—I called several times, and found nobody in.
ALFRED BURN . I am a clerk employed by Corbett & Newsome, architects, 17, Gracechurch Street—I produce agreement for letting one room on the third floor as an office at Ethelburga House, 70 & 71, Bishopsgate Street, to Tarrant, dated July 8th, 1895.
GEOROE BAKER . I am housekeeper at 70 71, Bishopsgate Street—Tarrant had an office on the third floor—I saw him daily—he was in and out, but did not stay long—at first there were clerks for about six months—Tarrant used to take the letters with him—he was there for about two years and four or five months.
Cross-examined by SIR E. CLARKE. The rent £25 a year, was paid regularly—the office is now occupied.
THOMAS ROBERT LEWIS . I am manager to Hardly & Son, furniture dealers, of 27, Wormwood Street—Mr. Hardly is the landlord of 10, Wormwood Street, where persons, giving the name of Bishop & Co., rented an office from January 6th, 1896, at 10s. a week—they stayed about a fortnight—I did not see them, nor receive any rent—I know Tarrant by sight, but not in connection with that office—I do not know the prisoners.
FREDERICK DOWNES (Detective Inspector, City). On July 23rd I arrested Culliford and Fenn upon another charge—I searched them and their offices—I found no papers relating to the Imperial Syndicate—on August 26th I arrested Tarrant—I charged him with conspiring with the other two prisoners in connection with the Augurial Syndicate, of 66, Finsbury Pavement—he said he did not see how 66, Finsbury Pavement came within the jurisdiction of the City—he was conveyed to the station, the charge was read to him, and he made no reply—he was searched, and his offices at Devonshire Chambers and 70 & 71, Bishopsgate Street, and also his house—no documents relating to the Augurial Syndicate were found—he was asked for his address in Bishopsgate—he said, "Devonshire Chambers"—I said, "You are asked for your address"—he
said, "That is near enough"—this document [a receipt] came by post to the City police from a gentleman in Ireland—Fenn, when arrested, gave an address, 20, Truint Road, Earlsfield, Surrey.
Cross-examined by SIR E. CLARKE. Tarrant was arrested near Bishopsgate Street, and taken to the Old Jewry, where I read the warrant to him.
Cross-examined by MR. DAVIES. I first visited Culliford in April—from then he knew inquiries were being made—he professed to give me information, but he never did—I do not remember seeing him in the Old Jewry—but I do in the Bankruptcy court—he said, "If there is anything wrong, let me know," and I said, "There is a good deal wrong, and some body will have to know something about it by-and-bye"—that was some time before his arrest.
Cross-examined by MR. LAMBERT. I was in communication with Barrett, the printer, latterly—I did not examine the printed document, but simply served a subpoena, and took a short statement, of what he would state—Fenn did not give me another address, and I knew his address—it was a true address.
GEORGE SMITH INGLIS . Looking at the signature, "A. E. Culliford," on the file of his Bankruptcy proceedings, and the receipt produced by Inspector Downes, in my opinion, "H. W. George" is the same writing—it is the same style and has the same characteristics—they are the ordinary natural writing of Culliford—so is the "H. W. George" on No. 80, which is one reference on the taking of 66, Finsbury Pavement—the signature, "Frederick Anstruther" is the same writing as" J. Burnett "on No. 81, the other reference, to the best of my belief.
Cross-examined by MR. DAVIES. There are no letters common to both "H. W. George" and" A. E. Culliford"—I base my opinion on the general style—the same remark applies to the other signatures, but the whole body of No. 80 is the same writing as the signature, and I have analysed it.
Cross-examined by MR. LAMBEKT. The first "r" in "Burnett" is really the first limb of an "m" or an "n," and in No 81 it is the same—the same is found in the first "r" in "Frederick" and in "Anstruther," but it is a different form ab the final "r"—the" r's" correspond in both documents—the slope is the natural slope—the signature is larger than in the letter in the other document, and the letters are about uniform in size.
Re-examined. Looking at No. 114, I say the signature, "Hartridge and Co.," is Culliford's, and the capital "H" is the same as in "H. W. George & Co."
ANDREW FRANK BENNIE I am cashier in the Capital and Counties' Bank, Ludgate Hill Branch, where Culliford had an account in the name of "Hartridge Co."—I know his signature—this is his signature [Hartridge & Co.]
BARNWELL re-examined. I was on the Epsom race-course on one occasion—I backed a horse in the beginning of April, 1896, in the City and Suburban—Fenn was not with me—he was on the course—I did not see him make any bets—I knew he went into the betting ring.
Re-examined. I was there all day, but I saw very little of him
Evidence for Fenn.
Street, Regent Street—I attend most races held in this country—I attended most races during the spring and summer of 1896—I saw Fenn at nearly every meeting that year—I saw him make bets, and I have made them for him—Fenn paid the money before the race, and if I won I paid it back—I am not a member of Tattersall's—I bet in Tattersall's ring—Fenn was lucky at first, and afterwards very unlucky.
Tuesday, November 2nd.
MESSRS. AVORY and MUIR Prosecuted, and MR. E. P. CLARKE Defended Fry. HENRY JOHN GRAHAM. I am one of the firm of Graham, Son & Ridler, printers—I know Fry as Simpson—I think when we first did business with him he was at 6, Finsbury Pavement—we printed this circular for him—he was introduced by Mr. Tarrant, who gave a guarantee that if he did not pay for it he would, and it was ultimately paid under that guarantee—the pages are 35 to 47—I also printed the pages of this file, No. 29, from 8 to 44, for Tarrant—I did not see Fry in connection with the circulars, one was Frank Tarrant & Co., and the other Simpson & Co., 66, Finsbury Pavement.
Cross-examined by MR. CLARKE. Fry told me that he knew Mr. Ridler, but Mr. Ridler says that he did not—their office is on the third floor, it is the same room as the Augurial Syndicate—I went there about June, 1896—the Augurial Syndicate was about the same time, at the end of June—my business with Fry had been in respect to Simpson, all the rest of the orders were given by Tarrant, and settled for by him.
Re-examined. I sometimes went to Devonshire Chambers in respect to Fry; I saw both of them there—I do not say that I never went there without finding Tarrant there—I never spoke to Fry about the business of Tarrant & Co., I had no occasion—I am mistaken in saying that I saw Fry in the office of the Augurial Syndicate; there was also a young chap there—I only went to see if I could get paid, but did not at that time.
HENRY EVERETT . I am a clerk to Smith & Co., of Devonshire Street, printers, they printed from page 45 of the pamphlet for Tarrant & Co.—I know Fry, I have seen him taking off Tarrant's circulars and our circulars to the post three times in a month.
Cross-examined by MR. ELLIOTT. We printed these things on Tarrant's instructions, and when they were sent off Fry came and ticked off the delivery—Fry gave verbal orders how many we were to print, nothing beyond that—he came from Devonshire Chambers.
ALFRED BURN . I am clerk to Corbett and Newson, architects—on their behalf I let an office, 70 and 71, Bishopsgate Street, to Tarran', in July, 1895, one room on the third floor, at £25 a year; he signed this agreement.
GEORGE BAKER . I am housekeeper at 70 and 71, Bishopsgate Street—Tarrant occupied one room there as an office—it was furnished by him—there were no books—he called for letters, and during the remainder of the day the office was closed.
Cross-examined by MR. ELLIOTT. My place was downstairs—I had charge of several offices—I am prepared to swear that no books were kept—I never saw any.
Re-examined. If they were there I must have seen them—I went into the office every morning.
Thursday November 4th.
HENRY AINSWORTH . I am clerk to H. F. Knight & Co., of 17, Devonshire Chambers—in April, 1896, Tarrant took three rooms there as an office—I saw him sign this agreement—he is described as of 32, Warren Road, Leyton, merchant and shipper, and a name was put up, but I cannot tell what, as I took no notice.
JOHN DREW . I know Tarrant, and I have seen Fry—about the beginning of 1896 Tarrant put up, "Cutler & Co., Guarantee Stock and Share Corporation." on the door of 25, Broad Street, and had letters addressed there—he was not really the tenant; he paid no rent and had no clerks—he was allowed to have his name up for four or five months, and then it was taken down—I have seen Fry outside the building with Tarrant—Fry never called for letters.
Cross-examined by MR. CLARKE. I have never seen Fry in the building, only in the street, and that was some time after Tarrant left, and after the name was taken off the door.
ALICE MAUD PLOWMAN .—I am a clerk—In April, 1896, I first became acquainted with Tarrant, in going into his employment as a clerk, at 66, Finsbury Pavement—at that time the business of the Augurial Syndicate was carried on—after being there for about a week, at Tarrant's request, I went to Devonshire Chambers—I cannot fix the exact date—I do not know what business was being carried on there—there was a name on the door, I think it was Fisher—I had to address envelopes—Fry used to come there now and again, as a sort of acquaintance: after that he came more frequently, he had a seat in the office; I suppose he did some work, I don't know what kind of work—I don't think he dictated letters to me: he used to draft letters for me, letters relating to stock-broking business to Frank Tarrant & Co.—I never wrote any such letters, unless some one gave me directions: Tarrant gave me the directions—I never saw any books kept there, except receipt books; I saw no books of account, or any press-copying book—there was another name on the door, "The London Investment Commercial Corporation," the name of Tarrant & Co. was never on the door—Fisher did not remain there the whole time—he was succeeded by The London Investment Corporation—I remember the Commemoration Syndicate; that was never printed on the door, only on slips of paper, or on paper cut off the prospectuses—that appeared a month or so before the Jubilee.
Cross-examined by MR. CLARKA. When I went to Devonshire Chambers the name of Fisher was on the door—I have seen him—he had a seat in the office at the commencement of this year—he had nothing to do with the Commemoration Syndicate or the Commercial Investment—I did not do anything in the business of the Commemoration Syndicate—I heard people talk about it—I knew that some of the seats were purchased at 9, Pall Mall, Goodman's, the dentist, St. Paul's Church-yard, the Morning Post Office, Land and Water, the Press Restaurant, the Wanderers' Club, and others—a good deal of money was passing in
connection with it—four clerks were employed at Devonshire Chambers—after the Jubilee was over Fry used to attend at Devonshire Chambers—Tarrant & Co. was a very minor business—I never sent out circulars of Tarrant & Co. at Devonshire Chambers—there were no books of Tarrant & Co. there; there were books of the Commemoration Syndicate—there were board meetings.
Re-examined. I did not know of any other business but Frank Tarrant & Co. that was going on at least twelve months before the Commemoration Syndicate came into existence—the circulars of Frank Tarrant & Co. were sent to the printers to put in the envelopes.
JESSIE MARTHA SHEEN . I am a clerk employed by Tarrant & Co. at Devonshire Chambers—my duties were confined to writing letters and envelopes—they were dictated, sometimes by Tarrant, sometimes by Fry—I was employed there about seventeen months—I did no work in connection with the Commemoration Syndicate—I did not know anything of the other companies there—Miss Plowman wrote the majority of the Tarrant letters, and I took her place when she went for a holiday—I was employed by Tarrant—Mr. Fry had to do with the Commemoration Syndicate—I can't say how many letters I wrote altogether—sometimes Fry dictated a letter to me, usually it was a draft—I have not got any of them.
Cross-examined by MR. CLARKE. The letters were addressed to subscribers of Frank Tarraut & Co.—I don'c know anything about the letters that came to the office—I left in August this year, just after the arrest, after the police search—I did not take any notice of letters received from subscribers.
By the COURT. There were numerous letters for the Commemoration—that business vacated at the beginning of the year—I remember seats being bought on the water.
WILLIAM LISTER LANGLEY . I am a clerk—I was employed by Tarrant, at 70 and 71, Bishopsgate Street, on July 20th, this year, up to the day of his arrest—the office consisted of one room on the first floor, the name up was Frank Tarrant & Co.—my occupation consisted chiefly in directing envelopes and taking them to Devonshire Chambers—letters came occasionally to 70, Bishopsgate Street, addressed to Frank Tarrant & Co., by the morning post, about fifteen or sixteen; about three or four at midday, and about three or four in the evening; averaging about twentyfive in the day—I took those letters so addressed to Devonshire Chambers and gave them to Miss Tarrant or Miss Sheen, and made appointments for the writers to see Mr. Tarrant at the office in Bishopsgate Street, or if they could not come to see him, he would write to them—some called to see him, not frequently—he was seldom there; if be made an appointment to see anybody, he did—I saw him there on two occasions only—I saw nothing of Fry—I never saw Fry there—I saw him three or four times at Devonshire Chambers—no books of account were kept at Bishopsgate.
Cross-examined by MR. CLARKE. I never took any instructions from Fry, or any letters to him—I never saw him at 70 or 71, Bishopsgate Street in connection with the business of Tarrant & Co. where I was employed—I did not recognize him as my master—as far as I knew he had not anything to do with that business.
to call for them, and on one occasion I saw Fry call for letters—I did not give them out myself; the secretary generally did; but when he was at Paris I have given them to several girls, who were employed in Writing upstairs—I don't think anything else was done there except calling for letters—when Fry came to be there I gave them to him, after talking to him he said it was all right, he was Tarrant's brother-in-law—those offices were taken in December, 1894—Fry came some time in 1895—I took possession in 1895. I don't know what name was on the door.
Cross-examined by MR. CLARKE. The conversation I have spoken of was in 1895—Tarrant was in occupation of the office about twelvemonths—I do not remember what name was on the door—I did not remember at the police-court—I did not say that the name of the Monico Company was on the door—I only saw Fry once in connection with the business of Frank Tarrant & Co.—the house belongs to us—the secretary knows more about the name than I do—I do not know that Miller took the office and had his name put up.
MISS PLOWMAN (re-called). A document marked 4 was shown to me at Guildhall, and I said, to the best of my belief, it was in Fry's handwriting—this is it—I thought it was something like Mr. Fry's writing, but I would not go so far as to be positive—I have seen his writing in pencil on the drafts of letters—I have not seen him in the act of writing—I have a little doubt this being his—it is something like it.
FREDERICK THOMAS . I am secretary to Mr. Hume—I' let the offices, at 22, Budge Row, to Mr. Tarrant, in the name of F. Tarrant, and subsequently the name of the Monico Jubilee Company on paper was added—while I was in the office some circulars came back through the post to the office.
BRAMWELL HOLLINOS . (This witness repeated his evidence, see page 906.) JAMES COLTMAN. I am a provision merchant of Newcastle-on-Tyne—In 1896, I got this circular of Frank Tarrant & Co., by post, it was a similar circular to this—there were some testimonials on it—I recognised some of the names—I read the circular, at least some of it—I believed what I read, and on August 16th I sent a cheque for £10, and got this receipt—on August 26th I got this other circular, and I wrote and got this reply—on February 7th, 1897, I wrote again asking why they had not closed the matter—I received this letter in reply, but I never got my money.
WILLIAM MONEY . I am a post and telegraph clerk, at Romford,. receiving £1 11s. 6d. a week from November 7th, 1896—I received by post a circular of Frank Tarrant & Co.—I read the circular and glanced at the testimonials, and sent a cheque for £90 to Frank Tarrant & Co.—it was from some money left me by my mother—I got this receipt in return—at the same time I received this contract note, purporting to show the purchase of shares in Lake Shore—that was dated November 7th—after that I heard no more for some time, and I wrote complaining—I then received this letter of March 30th, 1897, saying they had no trace of any letter from me, and asking me to repeat it—I did repeat it, and I got this letter in reply—I had observed in the papers that the shares had gone up, and I wrote again respecting that, but I heard no more from them—I got no return of my subscription or anything else.
OWEN MANBY . I am the manager of a brewery at Market Drayton—I received a circular similar to this, dated January 29th, in large type, which was headed, "Read what the papers say"—I believed it was genuine, also the testimonials, and on February 8th I sent to Tarrant £30 in banknotes, and got this receipt—I sent an application form similar to this and received this contract note, advising the purchase of Spauish Government Stock—I also received this letter from Beall & Co., Solicitors, in consequence of which I wrote to Tarrant & Co., and got this reply—before that I had written for return of my money—I did not get it—on April 7th I instructed my brother to write, and got this reply; I afterwards received a letter of August 25th to which I replied, but I never got any of my money back.
JANE MITCHAM . I live at Market Place, Westburgh—in 1897 I was living in Doncaster and received a circular of Tarrant & Co.—this is a similar one—I read it and saw the press opinions, and believed they were genuine—one of them purported to come from the Leed Times—I am a Yorkshire woman—I sent a cheque for £10 and got this receipt, and on April 10th I got this letter [Advising the witness to increase her interest]—On April 4th I got the contract note "Chatham Ordinary," but not giving any price—on May 15th I had a further letter from them advising me to watch the fluctuations of the market in the daily press—on May 15th I got this letter [Stating that the races had commenced and that the line would increase in consequence of the Jubilee traffic]—on August 10th I got this letter [Stating that through the debt of an outside broker they were temporarily embarrassed, and that a Mr. Beat had taken an action against them]—I never got any money back.
WILLIAM HENRY PEARSON . I am a coal salesman of Birmingham—about July 9th I received a circular of Frampton & Co.—I read what the Press said—it was a London paper—it guaranteed the first subscription against any loss whatever—I sent £10 by a cheque dated July 31st, and stated it was "on the express condition that you guarantee me against any loss, and to return my subscription. I enclose cheque for £10 for a £10 share"—I lost my money—I got a guarantee note—on August 4th I got this (Strongly advisiny the witness to take an additional one-third share or more)—I afterwards got a letter about some South Eastern stock—I followed it—it went up.
SIR WILLIAM GARDENER MCGREGOR, BART . I live at Leytonstone—I read the testimonial which purposes to be given by me in a circular to Frank Tarrant & Co.—I did not give that to my knowledge, or any of the different testimonials in this circular—I have known Fry since the beginning of this year—I was introduced to him by Tarrant at a tavern at Leytonstone.
Cross-examined by MR. CLARKE. I have known Tarrant about 20 years.
HENRY CHARLES BEVAN . I am an advertising agent, with my father, at 11, Mincing Lane, as H. C. Bevan & Co.—I know Tarrant—we have addressed envelopes for him, and also for Fry, in connection with the Commemoration Syndicate—I know nothing about this testimonial, signed H. C. Bevan: "It is with great pleasure we are able to state that all our business transactions with you have been quite satisfactory."
nothing about this testimonial—I did not write it—I have never had anything to do with them at all.
WILLIAM ROBINS . I have been housekeeper at Coptball House, Copthall Avenue, for 6 1/2 years—a man named Hamilton was a clerk there to James Field Grimes, an outside broker, between July and November, 1894—I know no other Hamilton—I did not write, "I know Mr. Tarrant as a large operator on the Stock Exchange, and have much pleasure in stating," &c.
JOHN SAMUEL SMITH . I am senior partner in the firm of Gibbs, Smith & Co., advertising agents, 10, High Holborn—I have seen Fry once—he came to the office with Tarrant about February 17th this year, when Tarrant gave me verbal instructions about advertisements in the newspapers—I did not know who Fry was—Tarrant wanted me to put some advertisements in the country papers, as paragraphs among the news, and two days afterwards I received this paragraph (produced) which I sent to the provincial papers, as an advertisement among the news, according to his instructions, as a paragraph, without any indication that they were advertisements—we had instructions not to put the word '! advertisement;" that was on the order—that was by Tarrant's wish, which he expressed at the interview—he gave me a cheque for £10, on account, and left the price to us—I have seen the advertisement since, in the newspapers, in print—we charge 25'per cent, more for that than for ordinary advertisements—it never occurred to me that that was an highly improper proceeding—it is a man writing a highly glowing account of his own business—I only had the order for the country papers—I only knew Tarrant's address, 70 and 71, Bishopsgate Street, from what appears here—I had done business with him, two or three years before, as "T. Tarrant"—the top one of these advertisements, in my manuscript, begins, "Knowledge is Power"—these are the advertisements he wanted me to insert—some papers refused to insert them; but some of them were, I believe, inserted in a London paper.
Cross-examined. These papers were given to me two days after Fry came with Tarrant.
By the COURT. I have been engaged ten years as advertisement agent, and no such practice has existed as long as I know—it did not strike me that it was wrong, and likely to lend itself to a swindle, or I should not have done it.
GEORGE WALKER . I am manager of the Staffordshire Sentinel, published at Hanley—I have a copy of it of January 23rd, 1897, in which there is a paragraph relating to Frank Tarrant & Co.—I inserted that on the instructions of Messrs. Gibbs, Smith & Co., the advertising agents [read]—that had no appearance of an advertisement, but it was placed at the bottom of a column as a paragraph advertisement—no one seeing it in that position would take it to be editorial—I do not mean that everything at the end of a column is an advertisement—the next paragraph to it about the German Imperial Chancellor is not a paragraph advertisement, but it would be placed in a more prominent part of the paper if it were our opinion—it was not paid for at a higher rate than the usual advertisements—we do not charge 25 percent, more for a paragraph like that: it is the usual price.
By the COURT If there was "adv." at the end of it it would not be
charged the same as this, but 25 percent more. It never struck me that the object was to represent that it was our independent opinion—seeing it came from a respectable firm of agents, we inserted it—we had never put one in like that before, but we have charged 25 per cent, before, such as, passing examinations—it is a weekly paper, with a large circulation in the local district.
FRANK JOSEPH BENNETT . I am editor of the Colonial Chronicle—I find in the copy of February 25th a paragraph relating to Frank Tarrant and Co., that appears as a news paragraph, with no notice of its being an advertisement—we made no difference in the charge in that instance—we did not put "adv.," because we were requested not to—we have never done anything of the kind before.
JAMES DAVID MORGAN . I have been, since January, manager to the Hereford Journal, published at Hereford—on January 30th, 1897, I find a paragraph relating to Frank Tarrant & Co. (The same paragraph as before, commencing "Knowledge is power" and stating as to Tarrant & Co., "Whom we compliment on the good profits they made last year ")—that is full of the editorial "we"—we had that from an agent—we should not put "advt."—it would be put in the advertisement position—there is no indication that it was an advertisement—there is no general practice of putting advertisement matters as if they were editorial remarks.
EBENEZER COX —I trade as Mackenzie, Nicholson & Co., accountants, at 47, Cheapside—my attention has been called to a testimonial purporting to come from our firm, and stating, "In answer to your request you may refer any intending subscribers to us"—I did not give that testimonial, or anything like it—I know Mr. Tarrant.
ROBERT SHERWOOD . I am secretary to Mr. Green, the laodlord of 66, Finsbury Pavement—in May, 1896, Fry took an office there in the name of Stephen Fry, and signed this agreement dated May 18th—the name of "W. Simpson & Co." was put up and" S. Fry" underneath—the Augurial Syndicate had started operations about a fortnight before that, but I had not heard any complaints about it; I said nothing about it to Fry, but in June, 1896, the day after the Augurial Syndicate left I told Fry not to have anything to do with the Tarrant lot, as I heard they were swindlers—I cannot recollect that Fry said anything, but I know he smiled—he left at the end of August—he had been there a fortnight and had not paid, in fact, I do not know when he went because he took the keys with him—I did not know he was going, he left no address, but I found that out afterwards.
Cross-examined by MR. P. CLARKE. The offices taken by Fry were on the next floor to the Augurial—the agreement states "If the tenant wishes to renew the tenancy for another month he must give seven days notice in writing of his desire"—he did not pay the last rent till after it was due, and it was a fortnight before I found that he had gone—when he paid his rent I think he said that he was going to take on the premises—the impression I had was that they were carrying on an illegal betting and gambling business, and that is what I told Fry.
By the COURT. I told him as a friendly act—I did not tell him where my information came from.
66, Finsbury Pavement, Stock and Share Broker's, asking for a subscription to a joint deal.)—there was an extract from the Financial Times stating, "Any man could have made money by going in blind as a bull"—I filled up an application form which came with the circular, and sent £10 as a subscription to the next joint deal—I got this receipt and letter, "Please find receipt for cheque, we shall look forward to send you a very handsome profit"—I then got this letter (Signed, "Simpson & Co." and stating that a proposal had been made in consequence of which there would be an enorntons bound in the prices of Great Western shares.), that is written by the same person—before June 15th I got a letter from them advising me to increase my subscription, and on June 15th I got this (Stating that they had made a lamentable error, in consequence of which a golden opportunity was lost.)—On July 27th I wrote asking for a reply to my letter in the matter of the Anglo-American Telegraph, but got no reply, and on the 20th I wrote, "You have not replied to either of my letters, and if I do not hear from you I shall take such steps as may be necessary '—all those letters are in the same writing—I then got a letter of August 3rd—(This stated that the American market had taken a downward turn, and that Great Eastern Stock was bought at 104 7/8)—not hearing from them I wrote this on August 6th—(Asking them to return his £10)—I got no reply, and no money—in November, 1896, I wrote a further letter demanding the return of my £10; that came back through the dead letter office.
Cross-examined by MR. P. CLARKE. I never saw Fry—I wrote to his private address at Dulwich, and he did not answer it—he never wrote and said that the dealer had been unfortunate.
HERBERT MILNER . I am secretary to the Middlesex Banking Company, Limited, 9 and 90, Leadenhall Street—Tarrant opened an account there on February 18th, 1895, and gave his address 22, Budge Row, E.C.—it is still open; I produced a certified copy of it—his credit balance on December Uth was £52 14s. 10d., and on August 25th, the day of his arrest, £776 7s, 10d.—he had £400 or £500 balance all the time—in 1896, from January to December, the turn-over was £3,000—the balance carried forward in June was 5s. 9d., but at the end of the year it was £3,583, and £56 18s. 5d. was carried over to January next year.
HERBERT MILNER . On May 26th, 1896, Fry had no account at our bank—this cheque of Dr. Crossing's was paid in on that day into the account of T. Tarrant—I produce the paying-in slip relating to it—Fry's account was opened in the name of Stephen Henry Fry, of 49, Melbourne Grove—Tarrant introduced him—the date of the account is February 8th, 1897—Fry signed the signature book—I know his writing—in my opinion the endorsement of Dr. Crossing's cheque is Fry's—I should say that the letter dated June 15th, 1896, the signature" Simpson & Co." is Fry's writing—I would have honoured a cheque which had that signature—the writing in the letter i; rather different to the signature—it is Fry's writing—here is another written by the same hand—Fry's account was closed on August 19th, 1897—it was inoperative for some time—£20,509 was paid in—on June 30th there was £87 credit—£249 was paid in after that—one sum drawn out was £1,250, on April 8th, another £750 on April 13th, £148 8s. just before that to bearer, £183 and £100 to bearer on April 14th, £200 and £240 to bearer on April 15th, £300 and £550
to bearer on April 17th, £273 and £100 to bearer on April 30th, £23 and £100 to bearer on April 21st, £100 on April 22nd, and £4,500 tobearer on 26th, £1,187 and £250 to bearer on 28th, £100, £500 and £1,000 to bearer the next day, £200 to bearer on May 1st, £200 and £100 to bearer on May 5th, and £400 to bearer on May 12th—there were a number of small sums—turning to Tarrannt's account there are items payable to Fry's account of over £1,000, between April 29th, 1896, and May 17th, 1897.
Cross-examined by MR. P. CLARKE. Fry's cheques are simply to bearer—I cannot say oo what syndicate they refer—I do not suggest that they were all cashed over the counter by Fry—the majority of them are this year—there was a small balance of £1 7s., which we debited to charges—I could not swear to the person presenting the cheques, nor that they were not cashed in connection with the Commemoration Syndicate—sometimes I pay at the counter—I am the secretary—cheques were paid in gold, drafts, or notes, and some were presented by banks—if it was a large cheque we could trace it through the clearing—we should record the numbers of notes we paid, and they could be traced if the payee put his name on—we do not put down the name of the person we pay to, but simply the drawer of the cheque, and the numbers of the notes.
WALTER OUTRAM (Detective Inspector, City). On August 26th I went, to 70 and 71, Bishopsgate Street, where I found blank memorandum forms and a few other documents, but no books of account relating to Tarrant & Co.—I met his clerk in the street—I knew him—the same day I went to Devonshire Chambers, the offices occupied by Tarrant—I saw Fry there—I found no books relating to Tarrant & Co.—I asked Fry to point my attention to any book of business—he said there were some small memorandum books, but they were taken away some few weeks, ago—he volunteered the statement that he knew nothing of Tarrant's. private affairs, and" he has been a good friend to me, he assisted me when I was penniless about two years ago, since then I have been fortunate on the Stock Exchange, and I lost about £2,000 in the Commemoration Syndicate, and Tarrant also lost money"—there was then no warrant against Fry—I attended at the police-court afterwards upon the hearing of the' charges against Tarrant in connection with the Augurial Syndicate and other matters, when I saw Fry in Court—Fry was identified at the Mansion House by Graham, I believe, but I was not there—a warrant had been issued for Fry, and Downes had gone to arrest him on October 10th, and I went on the 11th to 32, Warren Road, Leyton, Essex—the house was occupied by Fry's wife and children—that was after Fry had been brought in—I knew his address, which was on the warrant, and I have known him for some time as living at that house at Leyton, and that Tarrant had lived in it before Fry—I searched Fry's house on the 11th, but did not find any books relating to Tarrant & Co.
Cross-examined by MR. P. CLARKE. When Tarrant removed Fry took the house.
FREDERICK DOWNES (Detective, City). I found Tarrant in custody at Old Jewry, where he had been taken by Inspector Sagar about August 26th—I saw Fry in custody on October 10th at Guernsey, where he had been arrested on this charge—the warrant for his arrest was granted on September 28th—I had been trying to execute it—I read the warrant to
him—he made no reply—I charged him with conspiring with Tarrant to defraud—I brought him to London on 11th—I was at the Mansion House when Graham, the printer, was giving evidence—Fry was in Court, and Graham identified him as Simpson.
Cross-examined by MR. CLARKE. Fry was at the Court at every hearing till certain evidence came out, and at the Guildhall till Miss Plowman's evidence was given, then I did not see him until I arrested him—that evidence was about September 27th.
Re-examined. The evidence was when Miss Plowman stated that Fry had dictated letters—having a warrant I proceeded to Leyton and used every effort, but could not find him.
GEORGE INGLIS BOYLE . I am from the Registrar's Department in the Bankruptcy Court—I produce file of proceedings in the bankruptcy of Stephen Henry Fry—he was adjudicated a bankrupt on June 13th, 1890—he was described as one of a firm trading as William Fry & Co., New Stone Buildings, 59 and 60, Chancery Lane, cement merchants—he is still undischarged—the discharge was never applied for.
Cross-examined by MR. CLARKE. The adjudication was in June, 1890—the total liabilities were £4,104 1s. 6d.
MISS PLOWMAN re-examined. The letter with the poet-mark "12.15—26th Aug." Tarrant gave me to post on my way home, my train was just going, and I took them home with me to post.
By MR. AVORY. I wrote about half-a-dozen letters on August 26th from dictation—Tarrant was arrested the same night, about midnight—I was not aware of it till the morning—Fry was there the next day—I continued to attend till recently—I learned from Fry the following morning that he had been arrested—I remained there, but we did not do any business—he was there very irregularly—he disappeared—I gave evidence at the Mansion House and at Guildhall—I saw him the morning I gave evidence, but not after that—he was in the Court—after the arrest of Tarrant, I think the solicitor paid the salaries—I do not remember Fry paying me either on his own account or anybody else's.
By the COURT. We had no clerk who signed "Per pro A. B."—this is the only letter so signed which has passed through my hands.
FRY GUILTY .
Friday, November 5th.
At the sitting of the Court on this morning the prisoners Culliford and Fenn stated that they wished to withdraw their pleas and plead guilfy; upon which the Jury found them GUILTY .
OLIVER WINNE . I am secretary at a training school in St. Luke's Street, Adelphi—in May last I let a room on the first floor to Fenn—he signed this agreement in the name of Fenn—I understood that it was for a Syndicate—" Hartridge & Co." was painted upon the door—Fenn came to the office, for a month afterwards but I do not know whether he came
daily—I did not see Culliford in the office but I saw him in our office—they left on July 20th—I gave them notice because the landlord wanted the room.
Cross-examined by MR. MOSES. I never saw Hawkins there.
ELIZA FULLER . My husband is tenant of the upper part of 1, Southampton Street, Strand—on July 10th Culliford and Hawkins came to me about taking the moms; I referred them to Mr. Kaine who had the letting; they came in about the 19th; both of them—the name of Partridge & Co., was put up on a slip of paper, and letters came addressed to Partridge & Co. which I put in a drawer or on the table—they both came to fetch them but did not remain—sometimes one or two telegrams came, and on one day 20 or 30 came—I did not see Culliford after the August Bank Holiday, I saw Hawkins on Bank Holiday morning, August 2nd, and I think once afterwards.
Cross-examined. I did not put down the date when they came, but it was three or four days before the 19th—they both came and took possession on a Wednesday—I did not give evidence against Hawkins on September 17th—I only recognized him at Guildhall—I was examined once before the Alderman, when I recognized Culliford—he and Fenn were being tried then—I did not give evidence—I was only called to recognize Hawkins—I have no recollection of giving evidence—I did not say that Hawkins was in the office every day—I did not see them every time they came in—they had a young lady clerk there, but she came on Monday and left on Friday—I do not remember being recalled on September 17th when Hawkins was charged (The witness's depositions was produced, and stated, "A third gentleman was introduced by the second gentleman ")—he was stouter than Hawkins.
JESSIE EVANS . I live at Cockburn Street, Bow—about July 24th last I inserted an advertisement for a lady clerk, and having received a reply I called at 1, Southampton Street, Strand—I went up to an office with the name of Hartridge on it and saw Mr. Ashford—I understood him to be Hartridge—I produced to him a letter that I had received from the office of Messrs. Hart ridge & Co.—I have destroyed the letter, it was signed Hartridge & Co.—I said I had come for the situation—he told' me to come in, and he engaged me at 10s. a week, and told me to come to work on the following Monday—he said I should have to address envelopes—I went there on Monday, July 26th—I found there was nothing to do—I remained in the office all day, I had no envelopes to address—nobody came that day, next day Hawkins came—letters came addressed to Hartridge & Co., I took them in, Hawkins opened them and read them, and I believe he took them away—I did not see him enter them in any book—I saw four books there with a long list of names and addresses in—I did not see any account books—I only stayed there five days—I had nothing to do all that time—I received 10s. and a week's notice, and then left—another gentleman called in, I don't think it was either of the prisoners Culliford or Fry—the books I saw were like this with names and addresses that have been written to—Hawkins did not speak to me about the business, he only asked me about the letters—when he paid me he said Mr. Hartridge was in a hospital, and he expected he would be out in about a fortnight's time.
Cross-examined by MR. MOSES. It was on Friday, the 23rd, that I was engaged—I don't think it was Culliford that engaged me.
By the COURT. I was treated properly and paid.
MISS GLENTHORPE. I am an official in the girls' department at the General Post Office—I produce 44 original telegrams sent on July 22nd last from the Lombard Street office by Hartridge, they are identical in terms, the names and addresses are difierent.
THOMAS SAMUEL WILLIAMS . I am a telegraphist at the Lombard Street post-office—these 44 telegrams were handed to me at that office on July 23rd by Culliford, all at the same time—Fry was with him—he seems to have grown a beard since, which alters his appearance—in checking the telegrams I made a mistake against myself of 2s. 3d.—I did not find it out till they had gone—I wrote this letter to Hartridge, at 1, Southampton Street, and received a reply, enclosing 2s. 3d.
Cross-examined. I never saw Hawkins in the matter—I have not got the letter enclosing the 2s., I destroyed it; it was a letter-card in a stamped envelope.
GEORGE INGLIS BOYLE . I am in the master's office of the London Bankruptcy Court—I produce a file of proceedings in the bankruptcy of John Hawkins, trading as the City of London Wine and Spirit Co., 16, Abchurch Lane—he was adjudicated bankrupt on June 25th, 1896, in the name of William Hawkins, but described in the receiving order as John Hawkins—his examination is here; every page of it is signed as William Hawkins—he has never applied for his discharge—the amount of his bankruptcy is £1,819 8s. 6d.; assets, nil.
THOMAS PHILLIPS . I am a printer in Bath Street, London Road—I printed a number of circulars, marked 107, for S. Borthwick & Co., railway stock operators, 42, Bow Lane—I also printed circulars in the name of Hartridge & Co., railway stock operators, 8, Duke Street, Adelphi, beginning exactly in the usual form, "The only successful efforts"—I don't know the person who gave the order for Borth wick's circulars, it was neither of the persons in the dock, I should know him again, he was a stout man, with full whiskers; he came from Hartridge and Co.—I was paid cash—that was on December 14th, 1896—the order was simply for circulars, no stationery.
Cross-examined. I saw nothing of Hawkins in the matter.
By the COURT. We insisted on cash—I did not read the circulars—I do not understand Stock Exchange matters—I saw Culliford in Hartridge's matter, he brought a corrected proof, or something—I understood he was a clerk.
HERBERT WHEELER . I am clerk to Mr. Warne, an estate agent in the Strand, and have the letting of the offices, 1, Southampton Street, Strand—Hawkins came and took the offices—Culliford was with him—Hawkins signed this agreement (In this Hawkins was styled Geo. Hawkins, of 8, Duke Street, Adelphi, financial agent.)—there was some negotiation, and Hawkins did the talking—I asked for two references, which Hawkins gave me verbally, and I wrote down their names and addresses, E. J. Barnett & Co., Thames Chambers, Beer Lane, City, wine and spirit merchants, and Robert Portlett, solicitor—the reply from Barnett & Co. was, "We have done business with Mr. Hartridge a number of years, and found him a good tenant"; the other says, "I do consider Mr.
Harbridge in a position to pay the rent of £50, and I think he will be a good tenant"—upon that I accepted him.
Cross-examined. I stated at the Mansion House that it was Culliford who signed the agreement, as the two are very much alike—I found out of my own accord that I had made a mistake, and corrected myself while I was there—at that time Hawkins was not in custody—Culliford told someone openly in Court that he had not signed the agreement, and then I looked at him and corrected it, and had my deposition corrected—I drew up the agreement—the signature is "Geo. Hawkins."
Re-examined. I was subsequently called at Guildhall, and pointed Hawkins out from a number of other men who were paraded before me—I am satisfied now that he is the person.
JOHN HORTON TODD . I am secretary to the Stockton-on-Tees Co-operative Society—I received the circular (produced) in the name of Hartridge & Co., read it through, and saw in it the statement, "We guarantee clients against loss on first participation," and that £10 had made 720 percent, profit, and that the full capital would be returned—I read it all; and believed it all, and sent a cheque for £115 for which I got this receipt, dated July 10th—I then got this circular of July 17th informing me that he had removed to Southampton Street—on July 2nd I got this telegram, reply paid, "Ten shares only, unallotted; please wire me directly whether you will take all or part. HABTEIDGE."—I took no more—on August 12th I wrote, "Gentlemen,—I shall be glad to know what has been done in regard to the matter for which I sent cheque on July 12th, not having had any information up to the present"—I then got this, "It is impossible at present to give you any particulars of our operations up to last week; the market has been very dull on account of the holidays, &c.; you may rely on hearing from us at the earliest opportunity. HARTRIDGE & Co."—I heard no more—I never received any profit or any return of my money.
Cross-examined. I sent the £10 to the address on the circular, Duke Street—I never saw Hawkins.
ALBERT EDWARD REED . I am a grocer, of Burley Heath, Hertfordshire—I received one of the circulars of Partridge & Co., 8, Duke Street, Adelphi—the printed date was July 12th—I do not know the date I received it—having read it I sent this cheque (produced) for £12, dated July 12th, believing the statements in the circular—I got a receipt guaranteeing that no loss should accrue to the subscription—I got a telegram next day, dated July 22nd, "Ten shares only unallotted; please telegraph directly saying whether you will take all or part"—I did not take any more, or get the return of my capital—I really thought those large profits would be made, because they, guaranteed that there would be no loss.
Cross-examined. All the letters were to 8, Duke Street, I believe.
ANDREW FRANK PENNY . I am cashier to the Capital and Counties Bank, Ludgate Hill—Culliford opened an account there in the name of Partridge & Co., 8, Duke Street, Adelphi, on June 9th, 1897; he gave me the name of Haridge & Co., and signed the signature book—the account was open till July 3rd, when it was closed at our request—I produce a copy of it—it was not overdrawn—£1,010 0s. 6d. was paid in during that time; less than a month—the balance, £132 10s, 2d., was, drawn out, and the account closed.
Cross-excamined. I do not know Hawkins.
PERCY TREVOR NIXON . I am a clerk in the Mercantile Bank of London, Old Jewry—I know Culliford—he had an account there in the name of Bameti about 1894, that was closed, and on July 6th, 1897, he opened another account in the name of Hartridge & Co., 8, Duke Street, Adelphi, with £395—I produce a copy of it—it remained open up to July 20th—Culliford is the person who signed and drew on it—altogether £625 was paid in—the last debit was on July 20th—I have here the particulars of the payments in and out—that £395 does not appear to have come from the Capital and Counties Bank, it was cheques and notes—the last debit but one is £12 drawn out on July 17th; that was payable to W. Hawkins—there is no other payment to Hawkins—there was a balance on July 20th of £18, which is still to their credit.
Cross-examined. I never saw Hawkins—I know that Culliford used to be a wine merchant; the Progressive Wine Company—the cheques were left blank, to be filled up" order" or" bearer."
ARTHUR JAMBS OAKS . I am a clerk in the Clerkenwell branch of the London and Midland Bank—in July last I was manager of the Peckham branch—on July 12th an account was opened there in the name of Hartridge & Co. by Culliford—this (produced) is the pass-book containing the account—it appears to be open still, the total amount paid in is £320, it was opened with £100, altogether £298 19s. 8d. has been paid in—the balance left is £21 0s. 4d.—that is how it stands in the pass-book—I left in August for some other branch.
Cross-examined. I did not know Hawkins in the in the matter—there are no cheques in the account payable to Hawkins.
KENNETH MACKENZIE . I am a cashier at the cheque bank, 120, Bishopsgate Street—an account was opened there on August 9th, 1897, in the name of Charles Hartridge, of 1, Southampton Street, Strand—I have seen the person who opened it, he called in on August 14th, it was neither of the prisoners—£30 in notes and £30 in cheques was paid in to open the account—there were only two operations on the account, a cheque for £30 0s. 9d. on 9th, and £30 on 14th August—the account is closed.
Cross-examined. We had no reference before opening the account, we do not require it, we only issue cheques up to the amount we have at the bank—I do not know Hawkins at all in the matter.
WILLIAM CROSTON (Police Sergeant E). Acting upon instructions, I visited an office at 8, Duke Street, Adelphi, having the name of Hartridge on the door—my first visit was about June 16th, my last was up to July 18th or 19th, when they left for 1, Southampton Street—I paid quite 30 visits between these dates—I only saw a clerk there, I saw no sign of any genuine business—I *called seven or eight times at 1, Southampton; Street, within as many days from about ten to six at different business hours, I saw "Hartridge & Co." on the door, I saw a young lady describing herself as a clerk, but no Hartridge—I never saw Hawkins there.
FREDERICK DOWNKS (City Detective Inspector), I arrested Culliford and Fry on July 23rd—I found in their possession a number of documents relating to Hartridge & Co.—I searched the office in Southampton Street about July 7th or 8th—I found no books of account or press-copy letters,
books, only four large books containing names and addresses and sheets of paper with names and addresses—I know as a fact that there is an oldestablished house of business of that name on the Stock Exchange—complaints have been made to the police through their solicitors concerning this business of Hartridge and Co.
Cross-examined. I know of no Hartridge connected with this affair, only Hawkins—I know Body, he is not Hartridge—I don't know where Body is; I believe he is in London—I believe Hawkins has given every information connected with this affair—all the cheques that have come in while Hawkins was there have been returned to the senders.
ROBERT SAGAR (Inspector City Police). On oeptember 10th last I found Hawkins detained at the police-station at Southend—I had had a warrant for him issued on August 27th, and had been looking for him in the interval—I said to him, "Is your name William W. Hawkins?"—he said, "Yes"—I said, "I have a warrant for your arrest"—I read it to him, it charged him with Culliford and Fry—he said, "There is nospecific charge there, can you tell rne of any?"—I said, "I believe there is a specific charge concerning Hartridge & Co."—he said, "Well, I admit I took the office there, but I took it for Culliford and Fry, and I signed the agreement, and either Culliford or Fry, I am not sure which, gave me the money to pay the rent in advance"—I afterwards went to the address he gave in Carisbrook Villas, Southend—he rented the house—I there found a number of papers, including memorandum forms headed Burnett & Co., 10,—Chambers, Beer Lane"—I showed him one of those, and he said, "Yes, I am engaged there as traveller for Mr. Burnett"—I showed him the manifold copying book which I found at his place, referring to Hartridge & Co.—he said, "After Culliford and Fry were arrested I received a message from Culliford, in consequence of which I went to Tarrant, Southampton Street, Strand, and fetched them away—I employed a man, not Body, to write across the cheques, "cancelled, and return to senders"—you will find a list containing the names and addresses of the persons who have had their cheques sent back in my pocket-book"—and in his pocket-book there is a list of names and addresses—the house in Carisbrook Villas was well-furnished—there were six rooms—he was living there with his wife, no family—after his committal, on September 24th, he sent for me to Guildhall police-court, and handed me this written statement—it is signed by him (this was to the effect that in all he did he acted merely as agent to Culliford and Fry, and was no party to any fraud).
Cross-examined. I handed that statement to the solicitor as soon as it was given to me—it is true as regards sending back the cheques, that was made after Culliford was in custody—Hawkins had been in Southend some time—there was no complaint of him there—I should judge from his handwriting and composition that he is not an educated man—I know nothing at all about him beyond this.
HAWKINS GUILTY of conspiracy. Recommended to mercy by the JURY, believing him to have acted in a very minor capacity — Nine Months' Hard Labour. TARRANT— Seven Years' Penal Servitude. CULLIFORD and FENN— Five Years' Penal Servitude each. FRY— Three Years' Penal Servitude.
Before Mr. Justice Ridley.
MESSRS. HORACE AVORY and BIRON Prosecuted.
SUSANNAH BANNISTER . I am the wife of David Bannister, a labourer, of Stanford-le-Hope—I have known the prisoner 20 years, or nearly so, and I know all his family—he has had a number of children; I cannot say how many—I think five are alive—the deceased child, who was just five years old, came on a visit to me with his two sisters, Louisa and Ruth, on Sunday, September 19th—when he came he looked weary and tired, as if he had got a cold; I did not notice anything else—the three children remained with me till Friday, September 24th—during the time he was with me I did not notice much difference in him; he only seemed to have an ordinary cold—he coughed at times—he appeared about the same on the 24th; he was playing about in the morning—the three children left together on the afternoon of the 24th to go home—they lived at Plaistow, two stations below us., and 12 to 15 miles oft, I think—no doctor was called in while the child was with us—I belong to the Peculiar People—the prisoner belongs to that sect.
Cross-examined by the prisoner. I never heard that you have been cruel in any way to your children, but I heard that you have been kind to them—you have provided for them the necessaries of life and with proper sanitary surroundings—I know nothing against you or your character.
LOUISA SENIOR . I live at 23, Church Street, Plaistow—I am the prisoner's eldest child—he is a carpenter, employed at the Beckton gas works—there have been eleven children in the family; six have died—one named Amos has died since James—on Sunday, September 19th, I went with my sister Ruth and my brother James to stay with Mrs. Bannister at Stanford-le-Hope—James was four years, eleven months old—he was in his usual health when we went to Mrs. Bannister's, and had nothing the matter with him; he seemed just the same as usual—about the Wednesday he seemed to have a slight cold—on Friday afternoon, 24th, we all left Mrs. Bannister's together—James was not so well on the Friday morning, but I thought he was sufficiently well to come home—we came home by train—the station is between five and ten minutes' walk from Mrs. Bannister's; James began to walk, but he did not seem able to get along, so we carried him to the station—we reached home about four—my mother met us—father came home at his usual time, about six, that evening—when he saw James he said he could see he was not well—James had a little tea, and was put to bed—he slept pretty well during the night—Mr. Southgate, an elder of our people, and a labourer by occupation, was called in, and he laid his hands on James, and prayed over him—the next day, Saturday, James did not seem better; at nine o'clock he did not seem so well—at one o'clock he seemed ill—at two o'clock he was taken suddenly worse—he died at 3.30 on that Saturday afternoon—mother went for Mr. Southgate again on the Saturday, but he was at work, so Mrs. Southgate came in his place, and stopped with mother till the child died—my father came home
between one and two; that is his usual time on the Saturday—he saw the child when he came home; he went upstairs and prayed—no doctor was called in—no doctor has ever been called in to any of the children.
Cross-examined. You have always had to work for us—you have never in any way been neglectful towards us; you have always been a good father to all of us—my mother, when she saw my brother was ill, did not appear at all neglectful to him—she provided for him all she thought necessary in the way of nourishment, and took him upstairs and put him to bed, and did all she could to comfort him.
ANNA ELIZABETH SOUTHGATE . I am the wife of James Harpley Southgate, of 25, Church Street, Barking Road, next door to the prisoner—I am a member, and my husband an Elder, of the Peculiar People—I frequently saw the deceased—he always appeared to be a healthy child—I saw him in the week before he went to stay at Stanford-le Hope—I did not see anything different from his usual state of health—I saw him after his return, on Saturday, September 25th, about two p.m.—he was then very ill, and had great difficulty in breathing—the prisoner was there—I remained with the child until it died at 3.30—the prisoner was there until the child actually died.
Cross-examined. I have known you for over 20 years—I believe you have always been a kind father, I have never seen anything different—we have lived in the same house and next door to each other over 20 years, and I have always known you behave in a manner right to them.
JAMES COLNETT LOUTH . I live at 5, Dalkeith Road, Ilford, and am timekeeper at Beckton gas works—the prisoner is employed there as a carpenter—I have known him there about six years, but he has been employed there twelve—he was employed there on September 26th this year—his average wages are about 38s. per week.
Cross-examined. I have never known you to be a violent man in any way—I have nothing against your character—I have always known you as an honest man.
CHARLES SAUNDERS, M.B . I live at 29, Remford Road, Stratford—I made a post-mortem examination of the body of deceased child, James Senior, on September 27th—all the organs were healthy, with the ex-ception of the lungs and heart—the lungs were congested over a small area at the base of the right lung, and a narrow fringe at the front of the same lung was collapsed—the heart was merely flabby, but otherwise sound—the stomach was healthy, and contained a very small quantity of thin fluid and a few semi-digested grapes with the stones—the child was well nourished—in my opinion the child died from syncope, due to the congestion of the lungs; I did certify congestion of the lungs as the primary, and syncope of the heart as the secondary cause of death—the disease of the lungs was in an early stage—it might have been produced by an ordinary cold not attended to—in my judgment, the child's life would probably have been prolonged if medical aid had been called in—so far as I can speak, I feel convinced of it—I believe there is reason for saying that the life would probably have been saved—I have had many such cases under my treatment; it is a very common condition among children—there is well-recognized treatment among medical men for it.
Cross-examined. I found no marks of violence—the child was well
nourished—I found very little in its stomach—there might be various causes for that—in my opinion sufficient nourishment had not been forced on the child, but I do not wish in any way to cast any reflection on the parents—it is a well-recognized fact that doctors and nurses are in the habit constantly of forcing nourishment on patients for their own benefit; it is a material part of the treatment—death was due to cardialgia; I do not think I said the vibration of the train had anything to do with that—I cannot say whether the child, being in a weak condition, the vibration of the train had done anything to accelerate that; the journey was one factor in producing weakness in the child—many children recover from this complaint without drugs—a good deal would depend on care and nourishment—in my opinion the child's life would have been prolonged had I or any other medical man have been called in—I believe I stated at the inquest that I could swear that had I been called in I could have prolonged the child's life—I do not know that the death rate of the Peculiar People is much below the average death rate; in this particular family the deaths are 50 percent.—I have no knowledge of the death rate of the People.
Re-examined. Apart from the use of drugs, there is wellrecognized treatment for congestion of the lungs in children—the forcing of nourishment is a very material point, but drugs are of great assistance—medical men would see to the forcing of nourishment, and stimulants, and poulticing, and the condition of the atmosphere in the room—from what I saw it was obvious that such treatment as I would have recommended had not been resorted to—nourishment had not been forced on the patient, and from evidence given here and at the inquest, I gather that remedial treatment had not been followed—there are well-recognized drugs that would have been of assistance; expectorants and remedies to relieve the cough might have given the child a quiet night, which would have had a great effect on its recovery—I am sure medical aid would have prolonged the child's life; otherwise my profession is absolutely useless.
By the prisoner. Apart from my skill, the treatment the child had was proper, with the exception of the grape stones, but they were very few—the child was well nourished, and in my opinion had been carefully attended to by its parents.
JAMES WEBSTER, M.B . I live at 175, Barking Road—I was present in another case at the mortuary at Canning Town on September 27th, when Dr. Saunders made the post-mortem examination of which he spoke—I examined the different organs as Dr. Saunders made the examination—I saw the condition of the lungs of which he spoke—I agree with him entirely as to the cause of death—the primary cause was congestion of the lungs—the disease was in a very early stage—the child was well nourished—nothing else was the matter with it—I think that with appropriate treatment its life would have been prolonged—the probabilities were very good of its life being saved if medical aid had been called in; the eventual recovery of the child was extremely probable; under all the circumstances there was nothing in the child's body to prevent such a possibility occurring—it was in the child's favour that it had a wellnourished body.
Cross-examined. It had not been long enough without food to produce any effect on its body—the disease of the lung usually comes on suddenly; one of its characteristics is its sudden onset.
Re-examined. I base the opinion that it was in an early stage from the pathological appearances.
FREDERICK ROSER (Sergeant, 48 K). I am officer to the coroner for the borough of West Ham—on September 27th I was present at the Public Hall, Canning Town, when the inquest was held on the body of James Senior—the prisoner was present—after the verdict of the jury I took the prisoner into custody—I told him I should arrest him for the manslaughter of his son, and he would be taken to the station and charged; that anything he might say to me would be taken down in writing, and might be used in evidence against him—he said nothing then—when charged at the station he said, "I have nothing particular to say."
Cross-examined. I visited your home on September 26th—I found it very clean and comfortable—as a police officer in the district I have had no trouble with you.
The prisoner, in his defence, stated that he had followed the injunction given in the Epistle to St. James (c. v., verses 14 and 15), and that, apart from calling in medical science, he had done all he could do for his child.
GUILTY — Discharged on Recognizances.
MESSRS. HORACE AVORY and BIRON Prosecuted.
ELIZA JARVIS . I am the wife of William Jarvis, of 42, Alexander Street, Canning Town—I have known the prisoner and his wife for years, and I was acquainted with their family—they have five children now living, I think—their child Arthur, a twin, died on September 3rd—when I saw him from time to time in August, he appeared sick and ailing; he was a weakly child, and had very bad whooping-cough—he gradually got weaker and his cough got stronger—after some time the other twin also developed something of the same kind—I frequently saw the prisoner when I called, when he was at home from his labour, in his child's presence, giving assistance—he works at Beckton Chemical Works—we talked about the child being ill; he and his wife and I knew the child was ill—on September 2nd, the day before the child died, Mrs. Vince sent for me, and I went there soon after ten p.m. and stayed till eleven—the prisoner was at home—the child was very weak and low—during the time I visited the child, no doctor to my knowledge was called in—I have been a member of the same persuasion as the prisoner for over 30 years; we do not have doctors; but in a called of illness we call in an elder of the Church—Mr. Southgate was called in in this case—he was there twice during the time I was there—I believe he was there on the evening of September 2nd, but I did not see him that evening.
Cross-examined by the prisoner. Your child was kept in one room—broth was made and heated—I believe the child was well-cared for—nothing outside medical aid was lacking in the provision made for it; I believe you did all you did in the fear of the Lord.
Re-examined. There was no bronchitis kettle in the room—the prisoner was doing what he could to alleviate the sufferings of the child while I was there—I saw no poultice applied to the child.
as a nurse and midwife—I attended the confinement of Mrs. Vince on May 20th this year, when two twin children were born, of whom Arthur, who died on September 3rd, was one—they were both healthy looking children—I saw him about three weeks after his birth when he was suffering from some small convulsion, nothing of a serious character—when I left him, that convulsion had gone away—with that exception I never knew anything the matter with him—I did not come when he had the whooping-cough.
RICHARD JOHN CAREY , M.R.C.S. I live at 85, Barking Road—I made a post-mortem examination of the child, Arthur Vince, on September 4th—he was then at the mortuary, Barking Road Station—the body was that of a child about four months old—I found the brain and abdominal organs healthy—the lungs showed signs of bronchitis and inflammation—the bronchitis had been a prolonged attack—I noticed frothy mucous in the lungs—bronchitis running on to pneumonia was the cause of death—from my examination of the body and the condition of the organs, I am able to form the opinion that, if medical assistance had been called in, the life of the child might certainly have been prolonged, and may certainly have been saved, if the medical assistance had been called in sufficiently early—there are certain recognized remedies in cases of bronchitis: steam kettle, poultices and certain medicines—they would operate in the way of removing the phlegm and relieving the pain, and would prolong or save the sufferer'a life.
Cross-examined. It is very unusual for a child of that age to die of bronchitis—I should not say that if I had six such patients I could heal all of them, but the great probabilities are that the majority would recover; I consider the percentage of deaths from simple bronchitis in children is not more than one percent.—pneumonia is a further advancement of the bronchitis neglected—in my experience it would develop into pneumonia unless properly treated—an ordinary tea-kettle would be of some use, and it might be of substantial use.
Re-examined. The danger of bronchitis is that if neglected it may go on to pueumonia; a slight attack may go on to any extent.
JOHN JAGGERS . I live at 76, Elizabeth Road, Upton Park, and am employed at Beckton Chemical Works—the prisoner has been employed there as a labourer for about ten years—In August and September last he was working there—his average wages have been 27s. per week.
Cross-examined. There is nothing whatever against you at the works.
FREDERICK ROSER (Sergeant, 48 K). I was present at the inquest on the body of the child Arthur Vince—the prisoner was also present—I heard him asked whether he would give evidence; he refused—he said nothing—I told him the night before I had a warrant, and he came and surrendered himself in the Barking Road.
The prisoner, in his defence, stated he had relied on the Word of God.
GUILTY .— Discharged on Recognizances ,
Before Mr. Common Serjeant.
FRANCIS GEORGE BERRY . I live at 19, Warland Road, West Ham, and am tram conductor in the service of the North Metropolitan Tramway Company—On September 22nd, about 7.30 p.m., I was off duty, in the Romford Road—I went into the King of Prussia public-house, in the private bar, to drink with a friend, and saw the prisoners there—they were speaking of shipping, and Burgess called me round—they told me they were ships' carpenters out of work—we left ths public-house about 7.30, Burgess and I first, and the two others followed—I went towards Vicarage Lane, West Ham, where I live—I walked with Burgess, the others following—as I was going in home, I thought of a parcel of fish that Bush had had in the King of Prussia—I stepped across the lane, when I was struck in the mouth, when Bush knelt on me and bumped me on the pavement, and I became insensible—I missed my watch, this is part of the chain, and I missed two separate shillings from my small pocket—I had not quarrelled—on the Thursday morning I gave information to the police, I was unable to do so the same night—it was about 12.40—I saw the prisoners in custody—there were two others—I identified the prisoners without hesitation.
Cross-examined by Burgess. There was no gambling in the public-house with us or any row—I did not miss ray watch before the blow was struck—I did not catch hold of your collar and tear it in half, nor tear your shirt, nor strike you.
Cross-examined by MR. WARBURTON. I had been off duty that day—I had not been drinking—I had a brother from Australia, and had a holiday—I paid for refreshments for the prisoners because they were out of work—my friend left me in the public-house with the prisoners—I was there about half-an-hour—Vicarage Lane is not small, omnibuses run through it—I looked at the clock at the King of Prussia at 7.15—I did not accuse Burgess of stealing my watch.
Cross-examined by Bush. I saw you move my fish off the counter on to the form in the public-house.
EDITH LAVEY . I am 15 years old, and live with my parents at 22, Warland Road, West Ham—on September 22nd I was in the Romford Road, in the evening, with Annie Bristowe—I saw Berry on the ground, and the prisoners close to him—I and a young fellow assisted him to get up—Burgess knocked him down again—the prisoners knocked him down three times—Burgess struck me on my mouth, and walked away—one of the prisoners kneeled on Berry, and struck him in the eye; I cannot say which.
Cross-examined by Burgess. I did not see the row start—Berry lives opposite us—Annie said, "Let Mr. Berry be."
Cross-examined by Bush. I did not see you strike any blow. I saw you walk quietly away.
ANNIE BRISTOWE . I live at 4, Victoria Street—I am 13 years old—I was with Lavey; we saw Berry on the ground—Leeks was kneeling with one knee on him and doing something to his head on the pavement—I stayed till Berry was picked up—then I went away to
deliver a post-card—when I came back I saw the tallest one (Burgess). punch him up and down again—I said, "Come on, Mr. Berry"—he said,. "You leave Mr. Berry be"—I said "Shan't," and he dug his finger, or something sharp, into my knuckle—after that Leeks got hold of me by the throat—I assisted Berry—he seemed dazed.
Cross-examined by MR. WARBURTON. Burgess and Berry were not having a fight—I cannot say that Leeks was trying to separate them.
Cross-examined by Bush. I never saw you.
WILLIAM GBORGE MARTIN . I am a billiard marker at the King of Prussia public-house—on September 22nd, about 7.30 p.m., I saw the prosecutor and the prisoners drinking in the bar for about ten minutes-Berry and Burgess went out arm in arm, and the others followed—Bush came back for a drink, and was refused.
Cross-examined by Bush. You were refused because there had been a few words in the bar with Berry—about five minutes elapsed between Burgess and the others leaving.
By the COURT. Bush asked who Berry was—I said I thought he was a tram conductor, and he said he was going to punch him in the b—jaw.
WILLIAM HOPE (K 604). I am stationed at West Ham—on September 23rd I was on duty in the Broadway with Magrath; Berry called me to the Grove, and pointed out three persons—I took two into custody—Berry said they had been robbing and assaulting him the previous evening—Burgess said, "I was there and I hit him in the face, but I know nothing of the money or the watch; he hit me first"—the prisoners were identified by Lavey.
Cross-examined by MR. WARBURTON. Leek is a respectable carpenter.
Evidence for Leeks.
THOMAS WILLIAM CROSKER . I live at 57, Fairland Road, Stratford—I am principal Sanitary Inspector for the Northern Division of the Borough of West Ham—on September 22nd, about 7.30 p.m., I was walking along the Romford Road near the New Library, when my attention was called to an altercation just beyond the library building—there were about 12 persons, and Berry was struggling with two girls, one holding on to each arm, near to Vicarage Lane and Tavistock Road—Berry was trying to break away—I heard one girl say, "Come away, Mr. Berry, come along home, never mind him," and six or seven yards further on I heard Burgess say, "I am not going to run away; I am not afraid; I am seeing the b—home, and he suddenly rounded on me, and says I stole his watch and chain; let him give me in charge if he can"—I did not notice Leeks.
The prisoners, in their defences, urged that they knew nothing of the robbery. Burgess and Bush adding that they were merely seeing a drunken man home when they were accused of the robbery.
G. BERRY re-examined. I was not drunk.
NOT GUILTY .
MR. WARBURTON Prosecuted.
GUILTY — Two Years' Hard Labour.
Before Mr. Recorder.
HENRY HUMBERSON . I keep the Globe public-house, Deptford—on Sunday evening, October 3rd, at 10.45, I was in my bar, and I saw my barmaid receive a shilling from the prisoner—I did not know him before—she put the coin on the till—I took it off, tested it with acid, and found it was bad—I spoke to the barmaid, and then said to the prisoner, "How many of these things have you got?"—he said, "How do I know"—I said, "Where did you get this from?"—he again said, "How do I know"—I said, "If you don't tell me, I shall send for the police;" which I did and gave him into custody.
Cross-examined by the prisoner. I saw you give the coin to the barmaid—she did not say that she did not know who gave it her—I saw the coin marked at the station.
ALICE HAMILTON . I am barmaid to Mr. Humberson—on October 3rd, at about 10.45, I remember the prisoner coming to the bar—I think a woman was with him—he called for a mild and bitter and claret, it came to 3 1/2 d.—I served him, he tendered a shilling in payment, I put it on the till—Mr. Humberson was standing by my side—he said, "Look at the thing you have taken;" I did look—he then went outside the bar and spoke to the prisoner—this (produced) is the coin.
Cross-examined. I did not know that it was bad—I am sure this is the coin that Mr. Humberson took off the till.
EDWARD FINLESS (A 297). On October 3rd I was called to the Globe—I saw the prisoner there and two or three lads—Mr. Humberson showed me this coin, just as the prisoner was leaving—the barmaid said that it was the coin the prisoner had tendered—I asked; the prisoner and he said he had not—I searched him and found on him four two-shilling piece, two half-crowns, one shilling, and two sixpences, all good; also two-pence and a half-penny, but no other bad money—I told him I should charge him with knowingly uttering counterfeit coin: he walked with me to the station, I had him placed with eight others for identification, and Miss Simmons picked him out—when charged, he said he would reserve everything to the magistrate.
MAY SIMMONS . I am barmaid to Mr. Holder, of the Telegraph, olose by the Globe—on Sunday evening, October 3rd, about 8.30, the prisoner came in, I think he was alone—he asked for two-pennyworth of claret, I served him; he put down a shilling—I looked at it, I had my doubts about it, but gave him the change, and he walked to the door—Mr. Holder spoke to him and sent for the police—I afterwards went to the station and pointed out the prisoner—I gave the shilling to Mr. Holder—this is the coin, or one exactly like it.
Cross-examined. You did not give me a two-shilling piece.
ALBERT THOMAS HOLDER . I keep the Telegraph—the last witness is my barmaid—on Sunday afternoon, October 3rd, between eight and nine, she handed me a counterfeit shilling, and I went after the man, and he was gone—as I went to the station I called at Mr. Hawkes' stores and showed him the shilling—I then took it to the station and gave it to the inspector—he marked it in my presence—this is it
HENRY ROUSE (Sergeant R 64). I was at the station as actinginspector—I received this coin from the last witness, I marked it—this is it—I charged the prisoner with this—he said, "It is a false accusation—a week afterwards he was charged with the other case—he made no reply to that.
GUILTY .— Three Months' Hard Labour.
MR. F. GILL and MR. BODKIN Prosecuted, and MR. HARRISSON Defended,
NOT GUILTY .
Before Mr. Common Sergeant.
719. EDWARD FREDERICK BIOLETTI (29) , PLEADED GUILTY to forging and uttering a banker's cheque for £107, with intent to defraud. He received a good character. Recommended to mercy by the Prosecutor.— Nine Months' Hard labour.
Before Mr. Justice Ridley.
MR. PENRHYN Prosecuted.
HENRY BENNETT . I am a private in the army—on June 13th last I was a horse driver on the railway at the village of Hoth, near Merstham, Surrey—about 2.50 on that day I was in the High Road—I saw the prisoner open the gate and enter the field where the stack of hay was—he went up to the stack and turned his back to it, and looked about—I sat down on the bank for three to five minutes—while I was sitting there he came out of the field and passed me—I heard a noise—I jumped up and looked over the hedge—I saw the stack on fire—I was not alone; my brother was with me the whole time—I sent my brother to James Burbury, the man in charge, to tell him what had happened—I followed the prisoner; he went about 30 or 40 yards down the road, and watched the fire a few minutes—he then went a little further down, turned round, and came back in the front of the fire—I met a policeman, and told him what I had seen—he arrested the prisoner, who threatened me—he said, "You b—dog, if I had known you were watching me, I would put your lights out"—I could see what he was doing while he was standing by the stack until I sat down, when I lost sight of him.
JAMES BENNETT . I am a gentleman's servant—I reside at Merstham—I remember June 13th last—I was with my brother, the last witness—I saw the prisoner—he opened the gate and went into the field where the stack of hay was, and stood with his back to the stack—we sat down on the bank—after about five minutes the prisoner came out of the gate and passed by us—we rieard a cracking noise and looked over the hedge and
saw the stack in flames—my brother followed the prisoner down the road and I went to one of Lord Hilton's men and told him the stack was in flames—Mr. James Burbury came back with me—we followed the prisoner—he went towards the stack again—we then met Police-Constable Miles who took him into custody—Prisoner said "You b—dogs, if I knew you had been watching me I would put your lights out."
By the COURT. The stack was about 20 yards from where we were sitting on the bank—the prisoner turned his back to the stack.
WILLIAM MILES (Police-Constable 127). I am a police-constable stationed at Merstham—I remember arresting the prisoner on June 13th last near Hoth Farm, in the parish of Merstham—I arrested him on Bennett's information—I saw the stack burning—when the witnesses Bennett told me, in the presence of prisoner, what they had seen, he said, "You b—dogs; if I had known you were watching me, I would put your lights out"—I told him I should sharge him with setting fire to the stack, and he then said, "You can arrest me and charge me with what you like; you will have to prove it"—I searched the prisoner then and there—in the ticket pocket of his coat I found three matches, and in his waistcoat pocket a box half full of similar matches—on the way to the station, he said, "Where were those chaps when they said they saw me go into the field; were they on velocipedes?"—i said, "No; they were walking up the road"—he said, "I had a good look round, too, before I went in; but I did not see anyone about; I have got pretty keen eyes, I wonder I did not see them, if they were there; if I had seen them they would not have told you the tale."
FREDERICK ADAMS . I am Lord Hilton's steward—this was his stack—I remember the afternoon of June 13th—from a message I received I went down and saw the stack in a blaze—there was danger of the fire spreading—it was near the building, and had got hold of one corner—it was put out with great difficulty—I estimate the value of the stack at £60, that is the actual loss—it was completely burnt.
GUILTY .—The prisoner had been tried twice before and acquitted for netting fire to straw stacks.— Three Years' Penal Servitude.
MR. HUTTON Prosecuted.
SARAH SMITH . I live at 6, Preston Buildings, Swan Place, Old Kent Road—I knew the prisoner as living there—her husband is a Gladstone bag maker, I believe—up to October 2nd they had four children living with them—Rose Maud, who died on October 2nd, was born in the first week of January, I believe—I saw it a few days after its birth—it was a healthy-looking baby—the prisoner took charge of the child—she had no work to do during the day except to look after the children—I frequently saw the child after its birth—I visited the prisoner occasionally—the baby began to get thin, and the mother kept it very dirty—I have had children of my own—the dirt in which the child was kept was such as to be injurious to the child—she has frequently been under the influence of drink when in charge of the child, and not in a condition to look after it—frequently it was left alone, and it has been crying for a long time—on
one occasion when the prisoner was in a public-house I took it up to my rooms and gave it a bottle of milk, which it took very ravenously; it did not appear to have had milk for some time—that was in March—I did not see any improvement in the cleanliness of the child or the condition of its mother down to September 30th—on that day, about 10.30 a.m., the prisoner's little girl came and told me something, in consequence of which I went to the prisoner's rooms, and saw the child lying on the couch by the side of its brother Willy; they were very dirty—the prisoner was in the room under the influence of drink—the deceased child had on a piece of pink flannelette and a white cotton bed-gown, both were very dirty—there was no fire; they were not being fed—I asked the prisoner to have the fire lighted, and she did so—the deceased did not appear to have been washed then—I went again in the afternoon, and the prisoner was washing her—she was very thin—in the evening the prisoner called me again, and I went—the child was in the bed-room—the prisoner was squeezing a piece of lemon in the baby's mouth; it almost choked it—the prisoner had had drink—next day, Friday, October 1st, I went again—the prisoner asked me if I would mind the baby because she was going out for a minute, and I told her I would—she went out; I followed her—she went to the Cat beer-shop in the Old Kent Road—I asked the landlord not to serve her, and he refused to serve her—she came back with me—I asked her to come indoors and look after the baby, and she came in with me, and I asked to have a fire lighted, as the children were very cold—she was giving the baby cold milk—I said that was not a proper thing to give a baby so young, and asked her to get 2d. of brandy—she did so, and I put half a table-spoonful of brandy to half a table-spoonful of milk, and gave it to the baby—the prisoner drank the rest of the brandy—I went again in the afternoon; she was under the influence of drink—I went on the following day, and the child was dead.
ANNIK EDWARDS . I live at 7, Preston Buildings—my room adjoins the prisoner's—I saw the deceased child after its birth, it was a nice healthy-looking baby—from that time down to its death I have occasionally seen the prisoner coming in and going out—she was sometimes the worse for liquor—I have frequently heard the child crying—on Friday afternoon, October 1st, I was called to the prisoner's room—I saw the mother lying on the couch making a pillow of the baby; her head was lying on the baby—she was the worse for liquor.
By the COURT. The prisoner's husband always seemed a working man—I believe he is a portmanteau or bag maker, or something of that sort—he came home at night, I could not say at what time as I was in the back rooms and they were in the front—I have not had any conversation with the prisoner since last Christmas—the husband always seemed like taking part in taking care of the children; he seemed like a good father—the last time I saw the baby I saw a great alteration in it, but I have not seen it much—I did not speak to its father—I did not think it my business; I have gone up and down and whether she was drunk or sober I did not speak to the woman.
SOPHIA JBFFERY . I live at Preston Buildings—I saw the deceased the day after its birth, about a fortnight after Christmas—it was a nice baby, small but verv fat and plump—I have very often heard the child
crying; it was a very mournful cry—as time went on it got wonderfully thin—I told the prisoner it was hungry; she said it was not anything of the kind, she gave it plenty of food—she was frequently drunk—I think her husband is a portmanteau maker—he went to work in the daytime at 8.30 or 8.45—I cannot tell exactly what time he returned; I and my husband go to bed about ten; very often we saw him come home before then—he sometimes came home before and sometimes after ten.
Cross-examined by the prisoner. Only two of your children were ill at that time.
JAMES WILLIAM MONK . I am the Relieving Officer of St. Saviour's Union, and live at 11, Surrey Square—on September 29th I went with Dr. Ashby to 6, Preston Buildings, and into the two rooms occupied by the prisoner—she answered the door, and walked backwards into the room with which was apparently a bundle on her left arm—she walked towards a sofa and laid the bundle down, and then I saw it was a child—there was another child on the couch, aged about four; it looked very young—I opened that elder child's clothing and saw it was very emaciated and dirty; it was sitting in its own excrement; it was suffering from scarlet fever—it was removed under my order to the hospital—I then undid the bundle, which was the child Rose who died on October 2nd; it was in a worse condition than Willy—it was dirty; the bit of clothing it had on was covered with excrement and was very dirty indeed—there was a girl of about 11 in the room—the room was very dirty, but the girl, who is known in the neighbourhood as the little mother, had a pail of water and a small bit of cloth, and was trying to wipe the flooring in one corner of the room—in the adjoining room, used as a bed-room, there was scarcely any furniture but an iron bedstead, on which was a mattress and some dirty filthy rags, not enough for anyone, and the bed-clothing was begrimed with excrement—I asked her what she was feeding the children on—she asked me who I was—I told her, and introduced Dr. Ashby—she then pointed to the table, and said, "That is what I am feeding the child upon"—on the table there was a cup containing a yellowish fluid, which I told her smelt very stale—she said it was egg and milk—in my opinion it was not fit for food—I pressed her to allow me to remove the younger child to the infirmary, and the elder one of four to the fever hospital—she was very excited and incoherent, and I could get no defiaite reply from her—the stench was so overpowering that I left her for about half-an-hour, and returned again—she then permitted William to go, but, pointing to Rose, she said, "I won't let that go; you can see it will soon die"—she said, "I don't want you here; I have not sent for you; my husband is earning good wages; I want nothing from the parish"—I tried to ascertain from her where he worked—she could not say; but told me he left home about eight in the morning, and returned about midnight—I left a message with her saying, I desired to see her husband—he did not come—on Friday, October 1st, about twenty minutes before midnight, I went to the house, and saw the prisoner, her husband, and three children in the room—I called his attention to the sad neglect of the two children—he said, "I do not want you here"—at that time there was a fire in the room, and the child, apparently, had on better clothing, and was wrapped in a blanket—the condition of the child would appear to be
proper at that time—on the first occasion I saw the prisoner, she certainly appeared to be under the influence of drink—on the second occasion, when her husband was there, she was excited, but I cannot say if she had been drinking.
Cross-examined by the prisoner. After my visit on September 29th, and after the doctor had diagnosed William as suffering from fever, I gave notice to the sanitary authorities, and I suppose they subsequently went and disinfected the room.
By the COURT. The husband was most cool and callous—I was subpœnaed to the inquest, but was not called—I know nothing about him—it appears he is earning good wages—two elder children are in the fever hospital, and there was an inquest on another child at Christmas last, but the whole of those facts were not brought out before the Coroner.
DAVID PATTEN . I am an Inspector to the Society for the Prevention of Cruelty to Children—on September 3rd I went to the prisoner's rooms about ten a.m.—I saw the child Rose lying naked on a little woollen shawl, a chemise, night-gown, covered with an old coat—the prisoner was there; she seemed to be excited—I asked her what was the matter with the child; she told me for a fortnight it had been suffering from diarrhoea and sickness—I asked her if she had had any medicine for it; she told me she had taken it to a dispensary—I went again at three p.m. next day—there was no fire—it was a small room and smelt very offensive; it was very cold—the child was lying in a wet night-gown which was saturated with urine and stained with excrement—someone told me some-thing and I asked for a pawn-ticket which was dated October 1st, the same day—I took it to the pawn-shop and redeemed a child's chemise and night-gown—I also bought a blanket and put the child in it—I saw the child was covered up and the other garments hung to air—the prisoner was not capable of taking care of the child at that time—I returned again about eight p.m.—the woman seemed excited—the child waslying in the blanket; the dry clothes had been put on it, and it appeared comfortable, but the fire was nearly out—on one occasion the prisoner told me her husband was a carman earning 25s. or 26s. a week, and that she believed he brought all the money home to her—I know about the husband; he is at a portmanteau maker's at Hatton Garden; his average earnings he tells me are 38s. a week—he goes out about eight a.m. and returns between eight and ten.
Cross-examined. I saw an empty dispensary bottle, but no dispensary letter—there was a phial from a doctor in the Old Kent Road.
WILLIAM ASHBY . I am a fully-qualified medical practitioner, at 228, Old Kent Road—on September 29th I went to the prisoner's rooms with Mr. Monk—I heard his evidence—I agree with him in his description of the children and of the rooms—on October 4th I made a postmortem examination of the child Rose, whom I had seen on September 29th, the child weighed 6lbs. 9ozs., and was eight months old, I believe, but it did not look to me quite so old—the average weight of a child of that age is 18lbs. 10ozs.—there was no organic disease—a lengthened period of insufficient nourishment would produce the emaciation I saw—the cause of death was chronic starvation, I should say—the other child, William, was suffering from scarlet fever, and was skinning—I certified for its removal—I have not heard if he recovered.
THOMAS TRIBE (Sergeant, 19 M). On October 6th I took the prisoner into custody at the Coroner's Court, and charged her with the manslaughter of her daughter, Rose Maud White—she said, "That is them that put me away," waving her hand in the direction of the witnesses who had given evidence—at the station she said, in answer to the charge, "What a shame! It is a false report."
The prisoner's statement before the Magistrate: I cannot see where manslaughter can be; all I know is I sat up night and day with my two little children, one at the breast and one at my knee.
The prisoner, in her defence, stated that she had done all she could for the child, who suffered from diarrlum and richness; that she had taken her to the doctor's and the hospital, and given her medicine; that owing to her being lame, and having to go to the doctor's, her time had been taken up, and so the child had become dirty.
GUILTY .—The JURY added that they thought proceedings should be taken against the husband,— Twelve Months' Hard Labour.
He received an excellent character.— Five Years' Penal Servitude.
Before Mr. Common Sergeant.
MR. C. MATTHEWS and MR. BODKIN Prosecuted.
WILLIAM PERCY MORRISON . I am Coroner for the Reigate Division of Surrey, which includes Carshalton—in consequence of information received I held an inquest in proper form on the body of Harry Watts, at Carshalton, on September 16th—the prisoner was present—I said to him, "You are not bound to give evidence tending to criminate yourself, but what you say will be taken down, and if necessary, used for or against—he expressed a wish to give evidence, and this deposition, taken down by me, was read over to him afterwards, and he signed it—he made no correction." "SAMUEL GILBERT, after being cautioned, said, I wish to say all I know—I live at Wandle Mount, Carshalton—I am a labourer—I have known the deceased about ten months—I was in the King's Arms, Carshalton, on Monday evening, and deceased was there the second time I went, which was about 9.30, and he was not sober, and he asked for a half-a-pint of beer, and I gave him a penny to call for it—I did not see who supplied it, but Mr. and Mrs. May and the barmaid were in the bar at the time, and I saw him drink the beer, and afterwards there was a talk amongst some there about having half-a-pint of beer with gin in it, and deceased then said we would have some, and I said, "I will give it to you"—then I gave him twopence to pay for a pennyworth of beer and a pennyworth of gin, and I think the barmaid supplied him with that, and he tfien drank it straight off, and I then stood him another, and two other chaps, who I don't know, paid for the others—none of those drinks were interfered with—he then became noisy, and the potman put him outside—he was unable to stand, so was carried out by the potman, and I saw him lay him down just off the path and by the side of a private wall—I and another man afterwards carried him to
a shed belonging to a man named Sullivan, and left him outside as the door was closed, and we then left him and did not see him again—I don't know whether he had lodgings—he has been addicted to drinking to excess—I gave him the drinks to keep him quiet—he began to get very noisy—I swear I did not drug his drinks, nor did I put anything into his drinks, nor did I see anyone else—if a witness swears I did, he is swearing falsely—I was as sober as I am now—I think I was justified in giving him more drink when he was drunk to keep him quiet—deceased and Dan Bryant were pushing him about and making a noise, but did not strike each other—I have been told the deceased slept rough at night"—Kilty and Plummer were examined at the Inquest after the prisoner—I put to the prisoner a question to which his answer was, "If a witness swears I did, he swears falsely."
JOHN KILTY . I am a labourer of 22, St. John's Road, Carshalton—I know the prisoner and I knew Watts, the deceased—I was with Watts the night he died—I was standing the other side of the road opposite the King's Arms when I heard a row about 8.30 p.m. on September 13th—the potman pushed Watts outside the public-house—Watts was drank—he was a labourer about 35 years old—he went in the public-house again and was put out again, and went in again and said "I want a light"—he stayed about five minutes in the house and was put out by the potman—Gilbert was inside—the woman Donovan was talking to the prisoner—she said, "Go and get some salts, Gilbert"—Gilbert went to tho chemist's and came out with a white packet—the chemist's is about 100 yards from the public-house—he put the packet in his pocket—I saw it in his hand first—he came out of'the chemist's and went in the public-house—Donovan came out down the steps with a pot and Gilbert poured some of the white packet into the beer, laughing as he did it—Watts was in the public-house quarrelling with another man—Gilbert took the pot up the steps, and said to Watts" Don't row, here's a drink for you," and handed it to Bryant, then it was handed to Watts who drank the contents—Watts came out and Donovan asked me to take Watts to Sullivan's yard where he used to sleep and I left him there, leaving Gilbert standing outside the public-house—sometimes Gilbert and Watts were good friends and sometimes they fell out—I am sure that is correct.
WILLIAM ROBERT LIDDINGTON . I live at 24, Levett's Rents, Carshalton—I was in the King's Arms talking to Kilty—I knew Watts and the prisoner—I saw the prisoner speak to Donovan and come out of the public-house, and go across to the chemist's shop, and return to the public-house—Donovan went about two steps into the bar, and came back with a pot in her hand—Gilbert took a white packet from his pocket and poured it into the beer, and took the beer up the steps and handed it to Watts—Watts Watts drank, and then Bryant drank and came outside.
Cross-examined by the prisoner. I could see, because I was looking in the bar door.
DANIEL BRYANT . I am a labourer of Carshalton—I knew Watts—on September 13th I met him in the King's Arms—the prisoner was there—I saw Watts with a pot of beer in his hand—he handed it to me, and I drank some—I went outside, vomited it up, and accused Watts—I went back and talked to Watts till the potman turned him out—Watts had had a tidy drop, but was not incapable.
ARTHUR PLUMMER . I am assistant to Mr. Carter, chemist, High Street, Carshalton, which is about 20 or 30 yards from the King's Arms—I was serving on September 13th up to nine p.m.—Gilbert came and purchased an ounce of Epsom salts earlier in the evening—a proper dose is a quarter of an ounce—one ounce would be strong, but it is doubtful whether it would dissolve in the beer in the time—I did not notice that the prisoner was under the influence of drink—I have no doubt he is the man.
JOHN SHELDON (285 W). I am stationed at Carshalton—on September 14th I was on duty in the High Street, about 5.30 a.m., when I found Harry Watts lying dead on his back in Clark's yard—I knew him well by sight—he was a labourer—his clothes were in a filthy condition.
EDWARD DAVIS I am a carman—I live at 48, Cross Road, Croydon—on September 14th I was at the Canterbury Coffee House, Carshalton, where Gilbert asked me to give him a lift—I knew him by sight—I gave him a lift—on the way he said, "We had a lark with old Watty last night"—I said, "Oh, what was that"?—he said, "We put two packets of salts in the beer"—I said, "Did not he taste it"—he said, "He could not have done, because we drank out of the pot.
The Prisoner: You said "We." There were about twenty more besides me.
HENRY COLLINS (Detective Sergeant). I arrested the prisoner on a warrant for perjury on October 11th, at Carshalton—I said, "Your name is Samuel Gilbert?"—he said, "Yes"—I said, "I am an officer from Scotland Yard, I hold a warrant for your arrest on a charge of perjury arising out of the evidence you gave before the Coroner at an inquest on the body of a man named Watts"—the prisoner said, "What I said before the Coroner is true"—I read the warrant to him—he said, "A woman named Bridget Donovan bought the salts at a shop for a man named Jenkins, and Jenkins put it into the beer"—I took him to Carshalton police station, where he was formally charged—I made a report to the Solicitor to the Treasury—I have had an interview with Donovan, but do not believe her statements.
The prisoner, in his defence, said that he never fetched any salts, and had a witness to prove it, and that what he said at the inquest was the truth, and that the boy could not see through a brick wall, and the bar was full.
GUILTY .— Six Weeks' Imprisonment.
724. CHARLES PUGH (34) and HENRY BEVAN (22) , Unlawfully committing acts of gross indecency with John Harvey, another male person. Another Count—Unlawfully attempting to procure the commission of an act of gross indecency with John Harvey.
MR. COWEN Prosecuted.
GUILTY .— Six Months' Hard Labour each.
FREDERICK RESBY . I am a game-keeper in the service of Mr. Catley, of Chaben, near Chepstow, in Surrey—Mr. Catley's property includes a small wood called The Belt, which is enclosed by a fence of iron railings about three feet high—on September 20th, between 10 and 11 a.m., I was
in the park by the side of The Belt, when I noticed the pheasants running and flying out of The Belt—I went to see who was there—I saw Curtis in The Belt where he had no right to be—I asked him what he was doing—he said he had been doing a job for himself, meaning he had gone for a natural purpose—I noticed fur on his coat and something in his pockets—I said, "What have you in your pockets"—he said, "Not anything belonging to you"—I said, "I am going to see what you have got in your pockets"—I searched his coat pookets and took a rabbit out—we struggled and fell—he got up and kicked me with his right foot on the right shoulder, a very severe kick—afterwards I had no use in my arm—I cannot use it now—I got up and went out of The Belt—he drew an open knife at me and said, "I'll do four years for you"—he got out of The Belt, went into the road, and pelted me with stones—the struggle was in the wood, and on my master's land.
Cross-examined. Mr. Catley preserves this wood, called The Belt—rabbits are ground game—he does not let the ground for shooting, but keeps it himself—I was before the Reigate Bench of Magistrates when there were two summonses against this man, one for poaching and the other for assaulting me—the Justices convicted the prisoner of poaching, and sentenced him, and sent him here to be tried for the assault—he was fined and refused to pay—bail was refused—the prisoner and I are about the same size—we were two or three minutes struggling—it was not a rough and tumble—I was not as gentle with him as I possibly could belie kicked me just on the point of the shoulder—I do not think that in the struggle he ducked his head, and in-going over touched the point of the shoulder.
Re-examined. He was fined 10s. or seven days.
The prisoner, on the advice of his Counsel at this stage, PLEADED GUILTY to a common assault, and the COURT in consideration of the prisoner heaving already been 12 days in custody, with regard to the same matter, sentenced him to enter into his own recognizances of £100 to appear at this Court to receive judgment if called upon, and in the meantime to keep the peace, and to be of good behaviour towards all Her Majesty's subjects, especially the Prosecutor.
MR. PROBYN Prosecuted, MR. COLAM Defended.
MR. PROBYN for the Prosecution offered no evidence.
Before Mr. Recorder.
727. DANIEL JAMES MAHONEY (25), GEORGE LAKE (20), and JOHN TALBOT (19) , Burglary in the dwelling-house of Arthur Henry Glazier, and stealing two watches, a bracelet, and other articles, his property. TALBOT PLEADED GUILTY .
MR. ROBINSON Prosecuted, and MR. PURCELL and MR. SIMMONDS
MARY FREEMAN . I am servant to Arthur Henry Glazier, of Carment Terrace, Upper Richmond Road, Putney—on September 14th, just upon eight o'clock, I went out, leaving the house empty, and saw two young fellows leaning against the gate, and Mahoney at the corner of the road:
he joined them, and they all looked at me and went across the road—I returned home at a little after nine, and saw a light in my master's dressing-room—I opened the door, and as I went upstairs I heard a door bang—the place was in disorder, and I missed a gold watch, and my mistress's silver watch, from a writing desk, which had been broken open in her room; also a chain, and a number of other things—I identify these two keys, and this silver watch.
Cross-examined by Mahoney. I swear that you are one of the men.
Cross-examined by MR. SIMMONDS. I was first spoken to about it the same night, and gave a description of one of the men—they were not put in a row for me to pick out from—the men were in front of the house, and I went out at the back and came to the front—Mahoney was at the corner.
CHARLES SNARE . I am assistant to Mr. Chitty, a tradesman of Upper Richmond Road—I was passing along Upper Richmond Road about eight o'clock, and saw the three prisoners—one of them asked me what I was looking back for, and Lake asked me to give him a flower which was in my buttonhole—I told him I wanted it myself—he said, "Give me just thit one?" and I gave it to him—I saw the servant come out of the house—on the same day, between three and four p.m., I was passing Hillside, number 203, and saw the three prisoners outside; that is two or three minutes' walk from 6, Carinont Gardens.
Cross-examined by MR. SIMMONDS. I picked out Mahoney and Lake last Monday in the Court-yard from a number of others—I picked out two of them, but did not know their names—I did not pick out Mahoney and Talbot at first—this was four or five weeks afterwards.
JOHN GIDNEY (Sergeant, V.) On September 16th I went to 6, Carmont Terrace, and found the glass panel of the door broken by the lock; the front room door and a drawer had been forced with a jemmy, and various boxes broken open; also a drawer in a second floor bed-room—I went into a bed-room and found this jemmy and a piece of candle on a bed—I afterwards went to 67, Urpingham Road, and found a front window on the ground floor broken, against the catch—the room had been entered, arid the drawers and a small box broken open—I found the impression of the same jemmy on the drawers.
Cross-examined by MR. SIMMONDS. I Have given evidence before of the marks of a jemmy corresponding—some jemmies are larger than this, there are three or four sizes—anybody might use this one to open a packing case—there are not hundreds in the city of this shape, this seems to be made for the purpose, it is not a very common weapon—I laid it on the marks and it fitted; I do not think you could find another to do so.
By the COURT. It is simply a round bar of iron filed off; there is more leverage in the long ones, they are made for the purpose.
WILLIAM HENRY LEWIS (435 V). On the morning of September 15th I was on duty on Putney Common. I had received a description the night before from Mrs. Down, and on this morning I received a description again—at two a.m. I saw the three prisoners in conversation with a Hansom cabman who said "I will take you as far as Putney Bridge for 6d. each—they got in and I closed the door and kept it fast—I asked what they were doing, they said that they had been to Barnes and missed the train—I said that there was no train at that time of the morning
and I should detain them—I blew my whistle and a policeman and Sergeant Moore came up and they were taken to the station.
Cross-examined by Mahoney. I stopped the cab at two o'clock—you were not in the police station by 1.35; it was 2.20 when I got there, and I walked—the other constable went with you in the cab.
Cross-examined by MR. SIMMONDS. Barnes railway station is about a mile from there, that is the South-Western Railway—there was no train there that night.
GEORGE NORRIS (Sergeant, 188 V). About 12.30 a.m. on September 17th, I saw the prisoners outside the Northumberland Arms public-house, Upper Richmond Road, Putney, about 200 yards from No. 203, after which I received notice of a burglary which had happened that night, in consequence of which I followed them—Lewis, who was on my beat about two a.m., turned his lamp on and blew a whistle, and I saw a cab and two of the prisoners—I asked them what they were doing in the neighbourhood, and mentioned that I saw them about 12.30—they admitted that they had been to the public-house, and came from King's Cross; and one said that he came to see his sister at 44, Red Cliff Gardens—that would be on the way from King's Cross to Putney—I took them to the station and searched the cab, and found a silver watch under the cushion—this silver card-case and a bottle of glycerine, which is used to put on paper and break glass, was found on Talbot, and this old halfpenny on Lake—Talbot's hand was slightly scratched.
Cross-examined by MR. SIMMONDS. Nothing was taken from Upper Richmond Road that night, but a window was broken there—I saw them leave the public-house—Upper Richmond Road is the road a man would take to go from Waterloo to Barnes.
SARAH STILLWELL HART . I live at 67, Urpingham Road, Putney—on the afternoon of September 15th I went out, leaving the house empty—I returned at ten o'clock and saw a light in the bed-room; I found the front door open and a window broken—I missed two silver broaches, a coin and a card-case—I had a number of mixed coins.
MINNIE DUNN . I am the wife of Page Dunn, of 65, Urpingham Road, Putney—that is next to No. 67—about 7.40 that evening I saw a man's face at the window of No. 67, who I recognized immediately as Mahoney—I was standing by the side of a large laurel bush and saw three men leave the house, I do not think they saw me as they were laughing—I only recognized Mahoney—I gave a description of the three men to Lewis.
Cross-examined by Mahoney. I saw you at the window, and picked you out from a number of others at Newgate last Monday—there is a garden in front and I was shutting the front gate, I made a noise—you came out at the next gate—we were onjy separated by a post.
By the COURT. One just looked through the door, and then I heard something about "right," and then they all came down.
---- MCKENNA (Police Inspector). I took a note of the evidence of the boy and Mrs. Dunn, and served it on the prisoners. I made out the boy's statement from information I received.
Cross-examined by MR. SIMMONDS. It is my writing; I knew that it was to be supplied to the Counsel defending the prisoners—I knew that the boy said, "I saw a number of men in the Old Bailey yard, and
identified John Talbot and Mahoney"—the chief warder told me which men the boy pointed out—I do not believe he knew their names—when he came out he was not quite certain of the names, and went back a second time, and then I put the names down.
Witnesses for Mahoney.
CATHERINE O'REGAN . My husband is a compositor—I have been married twice, and Mahoney is my eldest son—I swear he was not there—he was at Clerkenwell between eight and nine—I know that because he told me—he was in business—I have got his wife here.
BRIDGET BARRY . I am a friend of Mahoney's wife, and am a rag sorter—I saw Mahoney on Wednesday, September 15th, at 8.15 p.m., I met him outside Sadler's Wells Theatre, and asked him how his wife was; he was going towards Rosebery Avenue—this is the first time I have given evidence—it was my little sister's birthday—I looked at the clock when I came by the Vestry, and it was 8.15.
Cross-examined. I do not live in the house kept by Mahoney's mother—I did not know that he was in custody till a week ago—I meet his wife once a week; she did not tell me that he was in prison—he went into a public-house with me.
Evidence in reply.
ALBERT EDWARD PELLY . I am a warder at Holloway—I was present when Swann picked out Mahoney and Talbot from nine others about the same height and build—Lake was there, but he did not pick him out—they were told to place themselves where they liked—I did not put the three together.
Mahoney's Defence: The men with me at Newgate when I was picked out were tall and fair, and not dark. I was at my mother's place and in a public-house from 6 to 9.30, which my wife could prove if she was allowed to speak. On the night in question I met Talbot for the first time, and Lake at seven o'clock, they were in drink; they asked me to go to the Royal, and we went; but they would not let us in because we were intoxicated. Talbot said that he wanted to go and see his sister, and we went to a public-house and met two females. I wanted to go home. We went into a public-house about 12.30, just in time to have a drink, and we walked for an hour in the wrong direction, and then stopped the cabman, and the policeman took us. I am innocent. Talbot will say that he is the only man who did it.
MAHONEY— GUILTY . He thm PLEADED GUILTY to a conviction of housebreaking in October, 1895, and three other convictions were proved againxt him.— Three Years' Penal Servitude. LAKE— NOT GUILTY .
MR. ROBINSON offered no evidence.
NOT GUILTY .
ADJOURNED TO MONDAY, NOVEMBER 22ND, 1897.
The following Prisoners, upon whom tfie sentence of the Court was respited at the time of Trial, have since been sentenced as under:—
Page Vol. cxxv. sentence.
(To be computed from May 3rd, 1897)
(To be computed from May 24th, 1897)
(To be computed from June 28th, 1897)
(To be computed from July 26th, 1897)