CENTRAL CRIMINAL COURT
FIRST SESSION, HELD NOVEMBER 22ND, 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.
VOLUME CXXVIL-SESSIONS I. TO VI.
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, November 22nd, 1897, and following days,
BEFORE the RIGHT HON. HORATIO DAVID DAVIES, M.P., LORD MAYOR of the City of London; the Hon. Sir CHARLES JOHN DARLING Knt., one of the Justices of Her Majesty's High Court; Sir REGINALD HANSON , Bart, M.P., Sir JOSEPH SAVORY , Bart., M.P., and Sir JOSEPH RENALS, Knt., Aldermen of the said City; Sir CHARLES HALL , K.C.M.G., Q C., M.P., Recorder of the said City; WALTER VAUGHAN MORGAN , Esq., JOHN POUND , Esq., THOMAS PRATT ALLISTON, Esq., and JOHN KNILL , Esq., other 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 HALSK, Esq.
CENTRAL CRIMINAL COURT.
DAVIES, MAYOR. FIRST 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, November 22nd, 1897.
Before Mr. Recorder.
MR. HUTTON Prosecuted.
WILLIAM JAGGERS . I am clerk and assistant to Messrs. Gunston & Co., of 4, Lower Belgrave Street—on Saturday morning, at 8.30., Harris came in—I had a conversation with him—he presented this cheque to me for £2 10s.—the manager was standing there with me—I gave Harris the money for the chequer—on the Tuesday morning I took it to the National Bank, and it was returned marked "No account—fraudulent."
JOHN NORREY . I am of no occupation—I live at 17, Buckingham Place—Harris is my brother-in-law—I bank at Brown, Janson & Co., of Abchurch Lane—Walford Wightman, whose name is on this cheque is, I believe, a brother-in-law of Harris—this endorsement, John Norrey, is not mine—I never had anything to do with this cheque—I never saw it and never authorized any one to sign my name to it.
CHARLES WALTERS (Policeman.) I arrested the prisoners, Harris first, and Blades on October 27th at his own house—I asked his name—he said Frederick Blades—I asked him if he knew Thomas Harris—he said "Yes"—I said he was in custody accused of forging a cheque for £2 10s.—he said, "I don't know a cheque"—I said, "You endorsed it and had half the money"—he said, "Yes, I wrote, some man's name on the back—he asked me to do it, saying it was all right—I never had any of the money"—I said, you will have to go to the station—on the way he said, "I met Harris that morning, and he asked me to write John Norrey on the cheque, which I did, in a post-office near Trafalgar Square—we then welit on to a public-house near Victoria and had some drink, when he left me—we met in the morning—he was going round the corner to get the money—he said he had got the money, but I knew nothing of it—he said I was a fool to write the name on it—I never had any of the money.
BLADES NOT GUILTY . There was another indictment against the prisoner for obtaining,£2 by false pretences, upon which no evidence was offered— NOT GUILTY . HARRIS— Twelve Months.
NOT GUILTY .
MR. CAMPBELL Prosecuted.
FRANK JUDGE . I am a coach-builder, lodging at 98, Kepple Street, Chelsea—on October 22nd, between nine and ten, I went into a public-house in Brompton Road—the prisoner went in about the same time and asked me for a drink, I gave it her, changed a half-crown and got two shillings and threepence halfpenny change—when I came to look for it it was gone—I gave her in charge and the policeman took the money from her hand—she was very violent.
Prisoner: He gave me the money to go with him,
Witness: I did not.
GEORGE VESSEY (118 B.) I took the prisoner—she said she had not a farthing about her—I found two shillings and a penny in her hand—she was very violent—the prosecutor came to my assistance and she stabbed me with her scissors—she was sober and the prosecutor also.
Prisoner's statement: I am truly sorry, I suppose I got into a passion,.— GUILTY .
MR. CAMPBELL Prosecuted.
DR. WILLIAM EVANS . I live at 85, Pimlico Road—I am Assistant Divisional Surgeon to the police—I was called to the police-station on Friday, October 22nd—I examined Vessey—I found a notch in the left ear three-eighths of an inch deep—it was a cut right through the bone of the ear—I put a stitch in it—there were three small superficial wounds on the same ear, also a small superficial wound on the left cheek and an incised wound on the chin an inch thick, a small wound on the left side of the neck, and three small punctured wounds on the lips—the wound on the neck might have been dangerous but that it was superficial—these scissors might have caused all the wounds—I did not consider his position dangerous—I have seen him to-day—lie is suffering from paralysis on the left side of the face, which might have been caused by a cold and not directly by the wounds—it might have been indirectly—I ordered him off duty for seven days—I noticed the paralysis on his face about two days after the injuries—I could not see any sign of paralysis when I first examined him—he was attended to as an out-patient—the wounds
were not very severe, but they would be dangerous if complications arose, which might always supervene—if he had been struck in the eye the wounds would have blinded him, the big notch in, the ear for instance.
The prisoner, in her defence staled that it was only a pair of small nail scisssors, and having had a hat pin run in her eye had injured her head, but she had no intention of injuring the man.
GUILTY **—She had been convicted of similar and other offences. Thers was another indictment for assault on the prosecutor in the first case which was not proceeded with.— Four Years' Penal Servitude.
NEW COURT.—Monday November 22nd, 1897.
Before Mr. Common Serjeant.
10. WILLIAM GREAVES (40) to maliciously wounding Bertha Greaves with intent to do her grievous bodily harm, also to wounding her with intent disable her, having been convicted at this Court on April 28th, 1879. He had previously served Five Years' Penal Servitude for stabbing another woman.— Six Years Penal Servitude, and the Court granted a judicial separation with custody of the children to the prosecutrix. [Pleaded guilty: See original trial image.]
11. ROGER CHAS. DUGGAN (26) and: WILLIAM GROSSE (21) to two indictments forging and uttering cheques for £38 10s. and £88 10s. with intent to defraud. DUGGAN received a good character.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.] GROSSE— [Pleaded guilty: See original trial image.] Judgment respited.
MR. PARTRIDGE Prosecuted.
OWEN MACKMAY . I am barman at the Marquis of Lome, St. Martin's Lane—on Monday, October 18th, Thomas, who I knew by sight before, came in with others between eight and nine o'clock—he asked for a drink and tendered a florin—I spoke to Garland, we examined the coin together and found it was bad—I said to Thomas, "I think I have got the wrong one here"; he said, "I think I know where I got it from," and left the house and returned with good money—he came again a week afterwards with two women and Perry about nine p.m.—I served them with drink and Thomas paid me with good money—I went up to suppter leaving them in the bar, and when I came down they were all gone, but about ten o'clock Perry came-in and Thomas immediately afterwards with two more, he called for four drinks and gave me a florin; I said in Thomas' presence, "I think this looks a little bit rough, "Perry said, "It is all right"—I went out and came back as soon as I could with a detective—I changed the money—this is the coin—I knew them by sight, I had seen them in the bar before—on October 25th I found another bad florin in the till and gave it to my master.
Cross-examined by Thomas. You came in after I received the florin from the other man—you were with three-others on the 18th and tendered a florin.
Cross-examined by Perry. You did not say, "Give it me back."
Re-evamined. When Perry came in on the second occasion he ordered four drinks and Thomas came in and made the fourth man—I picked Perry out at once at the station.
CHARLES GALAND . I am barman at the Marquis of Lome—I saw Thomas there—I had seen him there before—I saw him tender a florin in payment for drink—Mackmay broke it up and returned it to him—on October 25th, I was serving, and the two prisoners came in and three women—the other barman served them while I went up to supper—I was away about an hour—a woman then tendered me a florin—I put it in the till—I noticed something about it—the governor called my attention to it and put it where it would not be touched, and where it was found.
WILLIAM GILBERT . I am landlord of the Marquis of Lome—Galand pointed out this coin to me and I took possession of it—my other barman gave me another coin—I afterwards cleared out my till and found a third bad coin—I handed them to the police.
JAMES STOCKLBY (Police Sergeant E.) On October 25th, I received information and three coins from Mr. Gilbert—the barmen gave me a description of two men and I arrested Thomas on the 30th, and said that I should take him for passing counterfeit coin at the Marquis of Lorne—he said, "You have made a mistake"—I took him to the station, and Perry was brought there—Thomas said, "I saw a man give him a two-shilling-piece"—when he was charged he said, "I was not there on the 19th, but I was there on the Monday night"—they were put with three other men and Perry said, "I was in the Mitre a few minutes before and a man asked me to give him two shillings for a two-shilling-piece"—I called his attention at the police-court to the coins being made in the same mould—they made no answer.
Perry's statement before the Magistrate: "I did not know it was bad, a man gave it to me for two shillings outside the Mitre."
Thomas's defence: One of them is telling a falsehood in saying that I passed a bad piece on the 18th, and on the second occasion I only looked into the bar: I did not pass any money at all.
Pernfs defence: I gave him the two-shilling-piece, but did not know it was bad. He said it was, and I said I will take that one home, and then he took it back again.
GUILTY .—Perry received a good character, but the police stated iliat both prisoners were the associates of coiners.— Three Months' Hard Labour each.
MR. WILKINSON Prosecuted.
SIDNEY BARTHOLOMEW . I am barman at the Latimer Arms, Norlan Road, Netting Hill—on November 5th, about 1.45, I served the prisoner with half-a-pint of ale—he put down a florin—I said nothing, but handed it to the landlord, who came into the bar and spoke to the prisoner—I handed the coin to a constable.
Cross-examined by the prisoner. I put it in the trap
HENRY CLAPP . I keep the Latimer Anns—on November 5th Bartholomew gave me this coin—I examined it and went into the bar, and said to the prisoner, "Have you tendered this over the bar?" holding it up—he said, "Yes"—I said, "It is bad, and put it in the tester"—he could see that—he said, "Well, you will give it us back"—I said, "Certainly not; if I call a policeman I will, not unless"—I went out to look for a constable, and was out about ten minutes—I went back and found him still in the bar—I said, "Constable, this man has passed a bad coin, have I a right to return it to him?"—the constable took him in custody, and I charged him at the station.
L. NICE (219 X.) On November 5th, I was called to the Latimer Arms and found the prisoner there, sitting down—I said "You hear what the landlord says, have you any more counterfeit coin on you?"—he said, "No,"—I said, "It is my duty to search you at once"—I found 4 1/2d. on him—I said, "Where did you get it?"—he said, "Well, governor, I bought it of a friend for 6d.—I wanted my lodging money * going to the station, he said, "I have made my bed and so I must lie on it"—he gave his address at Mark Da vis's lodging-house, Notting Hill.
The prisoner produced a written defence stating thai he received the coin and believed it to be good.— NOT GUILTY .
MR. PARTRIDGE Prosecuted.
FANNY MARSHALL . I am barmaid to Mrs. Sylvester, of King William Street, Strand—on Wednesday, October 13th, after eleven and before twelve, I served the prisoner with some whiuky which came to 5d., she paid with a crown piece—I gave her 4s. 7d. and put it in the till—there was no other crown piece there—later on I saw Mrs. Sylvester take all the money from the till—I did not see the crown then—I never saw it again—On Sunday, October 17th the prisoner came again, I recognized her and spoke to the manager—she asked for a glass of wine, price 4d., and gave me a crown piece which I took to the manager—I then said to the prisoner, "This is a bad one;" she offered to pay for the wine—the manager jumped over the counter and went for a policeman—the prisoner was taken to the station and I said to the inspector, "This woman came in on Wednesday and paid with a five-shilling-piece which I found to be bad,"—the prisoner swore at me and said that she would kill me and that she was not there.
Cross-examined. When you came on the Sunday I did not speak to the manager, I went for a wfhe glass, he was at the other end of the bar.
EDITH SYLVESTER . I am proprietress of this public-house and keep the key of the till—on October 18th I cleared it between two and three and six and nine and at 12.30—I found a crown-piece there that day and I think it was at 9.15, but I had neuralgia very bad and hardly knew what I was doing—I had only one crown-piece that day, and that may have been at the 12,30 clearing, but I think not—I examined it and gave the bag to the manager, but did not call his attention to it that night—he took one bag off the table and took it up stairs—I have not
been able to find the coin since, I did not pay it into the bank, a piece was chipped out of it by teeth, it was so bad that everybody could see it—this is my own house, I have other barmaids.
JOHN ADAMS . I am manager of this public-house. I came home late on Wednesday, October 13th, and saw a bag of money on the counter, which I took up to bed with me—I examined it in the morning, there was, a crown-piece there—I put it to my teeth and a lump came out—I nave no doubt it was bad—on the next Sunday the barmaid made a communication to me—I went into the bar and saw the prisoner—the barmaid said, "Here is another bad one."—the prisoner said nothing; I got over the bar and sent for a constable—the prisoner said that she was going to kill me—she was perfectly sober—I heard her charged, and she said that she was in a convent on the Wednesday, or '" on the Continent.'
WALTBE RAKE (Policeman E.) I was called on the 17th, and the manager gave the prisoner into my custody for passing a bad crownpiece on the previous Wednesday—she used disgusting language, and when we got to the station she used abusive language; it was obscene—she said that she was on the Continent on Wednesday, not "In a convent"—she said that the crown was given her by a gentleman—she offered to break the windows when she came out—she refused her address—I found on her a purse and a half-sovereign, nothing else.
Evidence for the Defence.
ARTHUR JOHNSON . I am a painter, of 61, Commercial Road—I have known the prisoner about six months—I met her in the Strand—I saw her on October 10th at the Horse Shoe, Tottenham Court Road, and asked where she had been—she said, "At a convent"—I could not stay with her that night, but I had a drink with her, and arranged to meet her on Wednesday outside the Horse Shoe—I met her at 7.20, and we stayed there till 11.30 p.m.—that was in Drury Lane—it would take a quarter of an hour to walk from there to the prosecutrix's public-house—we went and had supper in Long Acre, and I left her at 12.15 outside the restaurant, and made an arrangement to meet her on the following Tuesday—she did not keep the appointment, and I found she was in trouble.
Cross-examined. I know we left Cheek's at 11.20, because it closed then—I did not leave her at all after we went there.
The prisoner in her statement before the Magistrate, and in far defence stated that she was not the person who passed the first coin, and that she had been mistaken for somebody else, and that she refused her address because her mother was ill.
OLD COURT.—Tuesday, November 23rd, 1897.
Before Mr. Recorder.
15. WILLIAM NICHOLS (25) PLEADED GUILTY to five indictments for forging and uttering receipts, and obtaining money by false pretences, and to stealing a bicycle, the property of Francis George Pimm. The prisoner is stated to have obtained and pawned eighteen bicycles for sums amounting to close upon £70.— Eight Months' Hard Labour.
16. GEORGE GOODSON (32) to stealing a gold watch value £14 10 of James Joseph Niblock, from his person, and to a previous conviction in 1894. Other convictions were also proved against him— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
17. CHARLES SCOTT DEAN (29) to three indictments for obtaining £2 from Mrs. Henry Haythorn by false pretences, and to a previous conviction at Wakefield in 1895. Three other convictions were proved against him.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.] And
(18) ALEXANDER SIMON (26) to three indictments for stealing bankers' cheques for £680, £105, and other sums of Harry Dawson & Son, his masters; also for embezzling other sums and falsifying entries in certain books of his employers.— Four Years' Penal Servitude. [Pleaded guilty: See original trial image.]
GEORGE KROLL (in custody.) On the night of November 4th, at 10.30, I was in Gray's Inn Road and got into trouble with some people at a coffee-stall—I was going home late—I met the prisoner—we had a few words—we were both drunk—we had a row together—we were locked up together—I don't remember having a fight and going to a doctor's—I do not remember anything more that happened that night.
Cross-examined by the prisoner. I was not with you at the Clock House that night—I have just come out of prison for picking pockets.
ROBERT MILL . I live at 4, Duncan Terrace, City Road—on the early morning of November 5th I was sent for to the Town Hall to see the prisoner and the last witness—they were starting to fight; they had a stand-up fight—tlm prosecutor fell backwards, and the prisoner started to kick him—I stopped him—he gave him about four kicks—the man was quite unconscious—I got hold of the prisoner—he was muttering that he would have it out of him now—I had to call for assistance, as there was no one else in the street—he resumed kicking when I let go of him—a policeman came up.
THOMAS STEPHENS (207 G.) In the early morning of November 5th I was in Rosebery Avenue—I was summoned by Mr. Mill, and found Kroll lying in the road covered with blood, and unconscious—there was a quantity of blood in the road—the prisoner was pointed out to tne by Mr. Mill, and I took him into custody—on the way to the station he said that he had kicked the prosecutor, and that the prosecutor would have done the same if he had had the chance—Mr. Miller, a doctor, was called—he is not here.
Prisoner's defence. Kroll is a dangerous character. I went out in his company, his face was disfigured and he was bleeding. He kicked me; I asked him to stop it, but he started it again. I hit him and he fell and that caused bis head to bleed. I admit kicking him twice but not in the head, not with the intention of doing him bodily harm. He threw a glass at me. He bad been fighting before I met him.
GUILTY.** Recommended to mercy by the JURY on account of the aggravation he received. — Fifteen Months' Hard Labour.
MR. FLEMING Prosecuted.
October 31st between one and two in the morning I was in Mile End going towards my lodging and the two prisoners ran behind me, Higgins knocked me down and Smith took nine shillings out of my trousers pocket, Higgins kicked me in the middle and used considerable force—I cried out and he said if I cried out he would hit me again—they then ran away and ran into the arms of a detective—I lost sight of them while I was on the ground, they were brought back by the detective, I have no doubt they are the men—I had on three waistcoats and my money was in the inner pocket, two half-crowns and two florins.
Cross-examined by Higgins. I say you kicked me, not Smith.
WILLIAM BROMPTON (Detective H.) On the morning of October 31st I was on duty in Mile End Road in company with Detective Smart—I heard cries of "Murder, help"—I ran across and saw Shepherd lying on the pavement—the prisoners were leaning over him—on our approach they ran away—we seized hold of Smith—his right hand was clenched—he said, "All right, governor, I know the man"—I took from his hand a half-crown, and took him back to Shepherd, and he said, "All right, Jim"—Shepherd said, "My name is not Jim, it is Walter," and he said, "You are the man that robbed me"—at that time Smart had caught Higgins and brought him back, and Shepherd said, "That is the other man; he hit me in the nose and knocked me down"—I found this money on him—Shepherd said, "The money belongs to me"—I did not know either of the prisoners before.
Cross-examined by Smith. He said that you punched him in the nose, and that you would have kicked him in the stomach—at the station the prosecutor was in such a state that we had to send for a doctor, who examined him.
THOMAS SMART (Detective H.) I was in company with Brompton, in Mile End Road, about one o'clock—I heard cries of "Murder"—I ran across and saw the two prisoners leave the prosecutor on the ground—when they saw me Higgins ran away—I chased him some distance—I said, "You might as well stop, Billy Higgins, I know you"—I took him back to the prosecutor, and he said, "That is the man that struck me on the nose."
Cross-examined by Higgins. You ran towards Cambridge Road—I ran after you 300 yards—I have known you for years—I am sure you were running, and you twisted round a tree—I did not strike you.
ALBERT TURNER . I live at 33, Abbey Street, Bethnal Green—I work at the Monument Tea Warehouse—on the morning of October 31st I was in Mile End Road, I saw the prisoners knock the prosecutor down, and as he fell they kicked him, and I saw Smith rifle his pockets—I heard someone hallo out, "He is in a fit," and they went off—I could not swear which kicked him, they were close together—I saw him struck just as I turned the corner—I heard a scuffle, and saw the police—I ran after the men, Smith had not got about ten yards when they were caught—I did not lose sight of the prisoners until they were caught.
Cross-examined by Higgins. You did not run above fifteen yards before you were caught, you ran on the slant, Smith ran straight on—I helped to pick the prosecutor up, he was groaning on the ground—I have been threatened about this, in a public-house the next morning, I
do not mind for myself, I can take my own part, but they threatened others.
Higgin's defence: On the night this occurred I was making my way homewards and had a cup of coffee at the stall and was standing there. Some men were repairing the road and the prosecutor was abusing them, and calling them slaves. He pulled out his money and said, "You can have this"; he was tipsy.
Smith's defence: I saw the prosecutor at the coffee stall, he asked me to have a cup, he said, "I am going to have a wife to-night;" he pulled out his money and said, "Perhaps you would like this?" I took the money and walked across the road.
GUILTY .—A previous conviction was proved against Biggins on April 23rd, 1888, to which he pleaded guilty, and Smith also pleaded guilty to a, conviction at West Ham en August 9th, 1895.
HIGGINS— Three Years' Penal Servitude and Twenty Strokes with, the Cat. SMITH— Fifteen Months' Hard Labour, and Twenty Strokes with the Cat.
MR. COHEN Prosecuted.
FRANCIS WARDEN . I am a retired Colonel from Her Majesty's Army, and reside at Buckingham Gate—on 17th instant, about 10.15, I was walking up St. Martin's Lane, and just as I got near the end a young fellow rae against me in the stomach, and I felt him take my watch and chain and he made off—I ran after him, but did not catch him—I then went straight to Bow Street and gave information—I was very much hurt, and I am still in great pain—I afterwards went to the station and saw the prisoner with twelve or thirteen others, and I picked him out without the slightest hesitation—to the best of my belief he is the man, but I would not swear to him—I did not then say it was him, but he asked me himself whether he was running at the time.
Cross-examined by the prisoner. I do not swear you are the man, but to the best of my belief you are—you did not say anything when you attacked me—.
---- CALLAGHAN (Police Sergeant.) On the night of the 17th I saw Colonel Warden, and received from him a description of a man—he was. asked to see a number of persons—I saw the prisoner at the station, and told him he answered the description I had received—he said, "Give me" a fair show up"—he was placed with thirteen men—he objected to one man, and he was taken out—he was then placed with others, and the prosecutor was asked to pick out the man, which he did without hesitation—he said, "To the best of my belief you are the man"—he was then charged—he made no reply—he gave his address at Furness's lodging-house—the prosecutor's description of the man to me was having a loose gait—I knew the prisoner before; he has a loose gait, and he is a very good runner.
The prisoner's statement before the Magistrate: "I was at the musichall that night."
Witness: There is a music-hall about half-a-mile from St. Martin's Lane.
COLONEL WARDEN (recalled.) The night was very clear, but the lights there are very bad—it was misty, but there was no fog—there was lights from a public-house near—the man had a curious walk like one of these dolls.
GUILTY —He then PLEADED GUILTY to a previous conviction in April last.— Fifteen Months' Hard Labour.
HUTTON and DAVIES Prosecuted, MR. SANDS Defended SUCK,
and MR. BURNIE Defended GREENBAUM.
[The evidence was interpreted to the prisoners]
HENRY WHITBREAD (Sergeant H.) On November 11th I was with Detectives Richardson and Wensley in the Commercial Road when I saw the prisoners standingoutside Longway's drapery establishment—they went into the shop without making purchases, and into two other shops in the Commercial Road, and High Street, Whitechapel—they walked to the corner of the Minories and took an omnibus to the corner of Tottenham Court Road—we followed them—they went into 18, Newman Street, a fan manufacturer's, then to No. 38, a jeweller's, from there into two shops in Mortimer Street, then into a stay manufacturer's, 288, Regent Street, then into a dressmaker's, 61, Regent Street, and Jaeger's Sanitary Woollen Warehouse, and several other shops in that neighbourhood—then they took an omnibus and alighted at Liverpool Street, and entered a bootmaker's shop—with the two detectives I followed them from eleven a.m. till three p.m.—they walked through Houndsditch, and High Street, Whitechapel, where they threw away these two cardboard boxes—Wensley and I then got in front of Suck, who said "Not mine," and dropped two combinations—in her right hand she was carrying this fan, valued at,£5 10s., which was wrapped up as it is now—I took Suck to the station—I subsequently searched the premises at 23, Watney Street—I found this new sealskin cape and some silk petticoats, ties, and other valuable propefty—at the station when the prisoners were taken into the charge-room, both of them said "That's mine"—from inquiries I found that two rooms are occupied, one room by Greenbaum and her mother, and the other by Suck.
Cross-examined by MR. SANDS. The prisoners were dressed very fashionably—on Suck I found £7 and a valuable diamond brooch, and on Greenbaum 9s. silver and a gold chain, the subject of another charge.
Cross-examined by MR. BURNIE. The rooms in Watney Street are occupied by Greenbaum's mother, who has lodged there some weeks.
FREDERICK WENSLEY (Detective H.) I was with Whitbread till the prisoners' arrest—upon Greenbaum I found two pairs of ladies' corsets and a gold chain in a satchel, a pawnticket for a sealskin cape, and one fan, which she dropped the moment I took hold of her she knew me—none of the property was then in paper—after taking her to the station I assisted to search Watney Street rooms—I found a lot of silk and satin and a sealskin cape in a drawer belonging to Greenbaum—when I returned from the house I held the cape up and said, "I found this sealskin cape in a drawer, which your mother says belongs
to you," when Greenbaum said, "Mine, mine"—both these capes are new.
Cross-examined by MR. SANDS. I saw Suck arrested—she was wearing, a green three-quarter cloak or cape—she seemed surprised.
HERBERT FITZWILLIAM BARNARD . I am a furrier of 1A, Goduliman Street, St. Paul's—these two sealskin capes are my property—their values wholesale are £13 and £11—I have not sold them to anybody—I last saw them in stock before the prisoners came—I did not miss them till the detectives brought them back—the prisoners called on November 10th, Suck said she wished to procure a cape for the younger woman—fur capes were shown them—I weut away to procure skins of a better quality—Suck said they were not good enough—she represented herself to be Madame Schnider, a Court) dressmaker, of 12, Upper Rathbone Place—she spoke English intelligibly—she ordered a cape at 14 guineas, and left £1 deposit, which Greenbaum paid—Suck said Greenbaum was her customer—the prisoners were well dressed—Suck had a lot of diamond rings on—we saw them take nothing away—the goods were to be sent to them.
Cross-examined by MR. SANDS. I saw the prisoners leave the floor, not the shop—we considered them to be customers, not anything suspicious about them—they were left about five minutes while we were looking for skins on the next floor—we showed them a lot of capes before they were satisfied—someone else showed the prisoners to me and fetched the skins—we can identify the skins by the numbers.
Re-examined; I have no doubt these capes are ours.
The prisoners in their defence, claimed the property, and said their receipts were in the hands of the detectives.
GUILTY .—SUCK†*— Fifteen Months' Hard Labour. GREENBAUM.— Nine Months' Hard labour.
NEW COURT.—Tuesday, November 23rd, 1897.
Before Mr. Common Serjeant.
24. WILLIAM ARNOLD (16), ERNEST WILLIAM EDWARDS (16), BERT OSBORN (16), CHARLES NEWMAN (16), and ARTHUR OSBORN (18) , to four indictments for stealing bicycles?* the property of James Levine, John Fox, and others.— [Pleaded guilty: See original trial image.] Judgment Respited. The GRAND JURY commended the conduct of the police.
ALFRED THOMAS COX . I am foreman to William Samuel Booty, a fish salesman, of Billingsgate—on September 15th I was concealed in the office because we had lost money from it—we close about one o'clock—I heard
a man opening the door with a key about five o'clock—I presented revolver at his head, and he nearly fell back and asked me to give him anoher chance—I said "Yes, but he would have to deal with the governor"—I recognized him and let him go—the money is kept in a box in the office—£2 10s., £1, and 11s. had been stolen in one week—it had to be paid in the morning for empties, and we are obliged to keep it on the premises—it was in a cupboard, not in a safe.
WILLIAM SAMUEL BOOTY . I am a fish salesman, of 16, Billingsgate Buildings—the prisoner came there to clean the office out—he is a plumber, and is paid by the Corporation—we gave him the key, and he returned it next morning—there is a different key to the other offices—I met him on the stairs on November 16th, and said, "What right had you in my office?"—he had my key long enough to take an impression of it, and a key was found on him at the station—I gave it to him at one o'clock in the day, and he returned it about five next morning.
CHARLES SPOONBR (711 City.) I took the prisoner on the 16th, shortly after eight a.m., and said that he would be charged with breaking into Mr. Booty's office—he said, "It is a fault on my part"—I found these keys on him (produced,) none of them relate to these premises.
JESSE CROUCH (Police Sergeant.) I have seen the keys which Spooner found on the prisoner, this one fits the prosecutor's office, and another fits two other locks in the building; this one is the key of a box where he keeps his tools; that was lawfully in his possession.
The prinouer, in his defence, stated that he met some frimts and took too much to drink, and opened the prosecutor's door in mistake for his own and that he told Mr. Booty so ivhen he met him, and that he had worked for the Corporation eight years, and never had a stain upon his cliaracter.
JESSE CROUCH (re-examined.) This key fits his workshop where he had a quantity of saws, it also fits another door in the building as well as Mr. Booty's door, which is on the second floor, and the office is lighted with gas, which does not burn all day; one of the firm lights it—the prisoner came to close the office at nine p.m.—he said nothing, when I arrested him, about being in liquor, and made no suggestion that he went into the office by mistake—he was there at eight a.m. to see if anybody wanted anything done—he signed off at 6.30 on November 16th, and was not arrested till eight next morning—the books are in the possession of the Market—that was the last night he was there—none of these keys will open the cupboard.
W. S. BOOTY (re-examined.) The cupboard was locked, but not the cash box; it was a common lock.
A. T. COX (re-examined.) This was the first occasion I had watched.
GUILTY .— Twelve Months' Hard Labour.
GEORGE WEATHERHEAD (Police Sergeant H.) On October 30th, at 9.20, I went to 19, Sheridan Street, Sb. George's in the East—I looked through a door with glass panels into a back room, and saw three distinct fires, one was a table, another a large chair, and another in the grate—I knocked at the door, but got no answer—I saw the prisoner in his shirt—I broke the door open with assistance, and found the prisoner—he
had been drinking—I said, "How do you account for this?"—he said, "I have a perfect right to burn what I like in my own house"—I afterwards ascertained that there were five children in the house, who were rescued, two of them were his own—his wife came down into the passage, and said in his presence—MR. GREEN, for the prisoner, contended that what the wife said in the presence of her huabawl could not be given in evidence, and the evidence was not proceeded with (See Reg. v. Manwaring)—I told the prisoner I should take him in custody—the mantel-shelf was very much charred from the fire in the fender—I found two lamps burnt out—I took him to the station, he made no reply to the charge—the chair which was on fire was in the centre of the room, and the table was two feet from it—the fire could not have been communicated from the chair to the table.
Cross-examined by MR. GREEN. He assisted me in throwing the table into the road—I met his wife who drew my attention to the house—when I went in he was on his knees putting things into the grate—the fire in the grate would catch the mantel-board, it was not alight when I went in—it is not a scullery, there ia no copper there—I did not examine the floor, but to the best of my belief it was brick—he did not say that his wife was out when he came home—I found no paraffin.
By the COURT. If it had not been extinguished I have every reason to believe the house would have caught fire from the back of the chimneypiece having caught fire—there is a great deal of lath and plaster about the house, they are very old houses.
WILLIAM TAVERNA . I am a porter—I only knew the prisoner by going to him with another man when he was laid up with rheumatic fever—on Saturday night, October 13th, about 9.30 I was aroused by a police whistle and went into the house and rescued the children.
The prisoner's statement before the Magistrate; "All that I wanted was to burn the wood, because there was no lamp oil. I then set fire to a few things but I had no intention of doing such a thing."
MR. GREEN submitted that there was no case to go to the JURY as on the authority of Mr. Justice Hawkins (see Reg. v. Mattras and Reg. v. Harris, 15, Cox Criminal cases, pages 73 and 75) if the prisoner set fire to the wood not contemplating that tfa house would take fire and it was burnt against his will that would not constitute arson. THE COMMON SERJEANT left it to the JURY to say whether the prisoner set fire to the wood, being reckless whether he net fire to the house or not.— NOT GUILTY .
JOHN PEARCE . I am employed by Bryce & Co., mantle makers, City Road—on February 11th I had a hand truck, with a parcel to deliver, at the bottom of it—I put a hamper on the top of the parcel, and in five minutes started for Cannon Street, and when I got to the General Post Office I missed the parcel, which contained a seal plush jacket—anyone could get the parcel without lifting the hamper—I am not sure whether I saw the prisoner, but I think I did.
ROBERT BOLTON (inspector D.) On November 11th I was in Old Street, St. Luke's, and saw the prisoner carrying a sack—I stopped him and asked him what it contained—he said, "Some old papers"—I examined it, and found among the papers this ladies' jacket—he said, "I may as
well tell the truth; I took it from a barrow in Redcross Street"— GUILTY .—He then PLEADED GUILTY to a conviction at Clerkenwll on February, 8, 1896, and four other convictions were proved against him.— Twelve Months' Hard Labour.
JOHN FERRIS . On Saturday night, November 6th, a little after 10.30, I was in the Cross public-house, and came out with John Brown, John Dowling, Annie Dowling, and her brother, we all went into Mrs. Dowling's house, and took two pots of beer with us—I said that there was not enough beer, he said, "Here is fourpence, you put fourpence to it and get some more beer"—we all sat down to drink it, and were drinking it for about one hour and a half—there was a discussion, and James Dowling got John Dowling down in front of his mother's fire—the table was knocked over—we were not all drunk—I pulled the prisoner off John—he is a labourer—I went to the door, and was 1; nocked down by somebody, and felt something go into my ear which bled, my brother helped me up, the prisoner ran from the door, and I ran after him—I had seen him once before—I do not think he was drunk, he might have had a little drop—I was sober—I have been out of work a fortnight—I Went to a doctor—the prisoner is the man who is supposed to have struck me at the door—I saw him.
HENRY FERRIS . I am the brother of the last witness—on November 6th I was in doors and saw my brother bleeding from his face, and James Dowling on top of him—I saw something in Dowling's left hand—it was white, but I do not know what it was—I did not see him do anything with it—I did not see him strike anybody—I pulled him off but never stopped to see if he had anything in his hand—I had only my trousers and shirt on—I had not gone to bed, I had laid down in front of the fire.
By the COURT. I cannot swear whether it was a knife in his hand or not—it looked like it—I said before the Magistrate, "I saw him strike my brother on the left ear," but I did not know what with, and "I could see that the knife was a clasp knife," and I went on to say that it was the small blade—that was true.
JOSEPH BROWN . I left the Cross public-house with several others on Saturday night, November 6th, and went with them to Mrs. Dowling's house—I had been about an hour and a half in the public-house—we sat drinking beer at Mrs. Dowling's for about one hour—I saw a quarrel between the prisoner and my brother—I did not go to separate them, but rushed out of the house into my own house, and came out ten minutes afterwards, and saw Ferris bleeding from a wound in his face—he did not seem to have more drink than was good for him, but they had had fome drink.
Cross-examined by the prisoner. We were not all drunk. I walked home all right.
JOHN DOWLING . I am the prisoner's brother—I was in my mother's house on the night of November 6th—my brother was there and several more—my brother and I had a row and the table went over—we were both down on the side of each other, and Ferris came up and pulled my brother from me—I saw nothing in my brother's hand—I saw Ferris bleeding from his face—I did not see how that was done—they went out
of the house when I was getting up and went outside—the doctor came—I did not see my brother run away, I did not go out.
WILLIAM JAMES BELL . I am a licensed practitioner—I was called to John Ferris' about two a.m. on November 7th, and found him suffering from prostration from loss of blood—the wound started in the ear forwards, that was not the deepest portion, the deepest was half an inch—it did not penetrate the internal ear, but got shallower as it came forward—it was necessary to tie a moderate sized vessel—it was not dangerous except from the locality; there was a large vessel near—there was also a clean incised wound on his left shoulder blade on the other side, and both the back of his waistcoat and two shirts were incised identically with the wound—it might have been inflicted with a clasp knife—he is well now—it healed by first intention.
WILLIAM TAYLOR (Police Constable.) On November 7th, about 1.20, I was called from the police-station to Ferris' house, and found him bleeding from a wound in his face—I went in search of the prisoner, but could not find him—I communicated with Notting Hill, and he was arrested and detained—I believe he is married—I told him he would be charged with stabbing Ferris—he did not speak.
The prisoner: I was wounded, and could not speak.
The Witness: You had two wounds, you were perfectly sober.
The prisoner's statement before the Magistrate: "I am not guilty, I was illtreated, it was so dark we could hardly see one another."
The prisoner's defence; "I never had a knife, on my dying oath. I did not know how to get away from them. I have two daughters. I stopped two hours talking to my mother and sister. My eldest daughter is a step-daughter. I had one on my knee, and my brother John said, You are not going to have two wives.' We had a fight, and there were some jugs broken. I was pitched into the middle of the road, and when I got down the street I heard as if there was a regiment of soldiers. They ran one way, and I the other. I walked to London, and was sitting in my front parlour, and was so much hurt that I could not speak when the policeman came, whether it was glass or not that he fell on I don't know, but I never had a clasp knife."
WILLIAM TAYLOR re-examined. I examined this room—I found no traces of blood in Bowling's house, but I did in Ferris'house—the room was not in disorder—I found no broken glass there, and I was there three quarters of an hour after the outrage.
NOT GUILTY .
MR. PURCELL Prosecuted, and the evidence was interpreted to the prisoner.
ALFRED BACON . I am a schoolmaster, of 54, College Road, Bromley—on November 13th, I was in Cannon Street Railway Station, in the evening—I had a Gladstone bag containing some clothes, some letters, and a hockey stick—I left it with a friend—there were four of us, and when I returned it was gone—I gave information to the railway people, and I was sent for to one of the City police-stations—I was shown some letters, and recognized four which had been in my bag.
November 14th, about 2.30 p.m.—he was searched at the station and some letters and memoranda were found on him, which Mr. Bacon identifies—he was charged with stealing a bag and made no reply—we found one shilling and one cent on him.
Prisoner's defence: "A few days before I got the letters I was assaulted, and my forehead and nose were injured, and for a few hours I hardly knew what I was doing. I only remember that on Sunday morning I went into a lavatory, and afterwards found some papers in my pocket; but I do not know where I got them. I then went for a walk, and knocked up against a child, and when I began to run the police arrested me."
NOT GUILTY .
ELIZABETH BRITTON . I live at 39, Royal Mint Square Buildings—on November 14th, about 2.30, I was in the Minories carrying a parcel, with some apples and grapes—the prisoner pushed me in the back, took the parcel from me, and ran away—a gentleman ran after him—I saw him Stopped, and the policeman took him to the station.
WILLIAM BEENHAM . I saw the prisoner running away, and stopped him—he was followed by a large crowd—he had a parcel in his hand—the prosecutrix came up almost breathless, and told me what had happened—I took him to the station.
GUILTY.— Judgment respited for arrangements to be made to send him to America.
OLD COURT.—Wednesday, November 24th, 1897.
Before Mr. Justice Darling.
Eighteen Months' Hard Labour.
MESSRS. CHARLES MATHEWS and BODKIN Prosecuted and
MR. C. F. GILL Defended.
WILLIAM JAMES SMITH . I live at 29, Tottenham Street—I am a French polisher by trade—the deceased was my son—at the time of his death he had turned 20 years of age—he lived at home and worked as a porter—I was at home at about five o'clock on September 11th—I saw my son at home at that time, and he left the house as I came in—I did not see him again until I saw his dead body at about midnight that same night.
Cross-examined. He worked at a coal office—as far as I knew he was an absolute stranger to the prisoner.
that time we had been in the habit of going out for walhs—I remember meeting him on Saturday night on September 11th last in Drummond Street about nine o'clock—we went for a walk together that night—we remained in each other's company till a few minutes before eleven—at that time we were in Cardington Street—there were no other companions with us—we were going towards the Hampstead Road—I did not see anybody whilst we were going that way—On getting closer to the Hampstead Road we passed the prisoner—he was going in the same direction as we were—we overtook him and passed him round the bead, nearer the Hampstead Road, about 20 yards from it—we were both walking on the pavement and the prisoner also—on passing him I heard him say, "What are you doing round here?"—we then stopped—we were ahead of him—we turned round—he was about one yard off—we both said, "What is that to do with you?"—the prisoner answered, "Get on about your business and don't get following me"—we had not been following him—that was the first time I had seen bun, and as far as I know the first time Smith saw him,. I noticed nothing in his walk as we passed him—when we turned round he seemed to be rolling—when I saw that, I said to Smith, "Come on, Smith, the man is in drink"—we then walked away in the direction of the Hampstead Road—we were then walking; in front of the prisoner, because he stopped—having gone about 10 yards Smith stopped, and I opoke to him, but not so that the prisoner could hear—Smith did nothing but stop and look round—I was about three yards from him—I said, "Come on, Smith, it is no good stopping here"—he said, "All right"—the prisoner then walked up to him and spoke to him—I could not hear what he said; he was bending down—I could not say if Smith spoke to him—the prisoner then made a lunge forward at Smith's stomach with his right arm—they were standing face to face, about a foot apart—I could not see if the prisoner had anything in his hand—the prisoner then walked away in the direction of the Hampfitead Road—Smith walked up to me and spoke to me; he walked with me for about six yards—when he came up he had one hand on his stomach—he kept his hand there while walking with me—I did not see anything happen then; he was standing up—I left him standing—I walked into the Hampstead Road after the prisoner—after I had walked away, I turned round and saw Smith fall—he fell where I left him—he did not walk on—I walked into the Hampstead Road—the prisoner was in the middle of the road going to the other side—I followed him—he did not get to the other side—while I was following he walked on into the Hampstead Road towards the Euston Road—I continued to follow him—I came up within two yards of him—I said to him "when I see a policeman I will lock you up"—he did not answer—he still walked on—there is a pawnbroker, Davis by name, in the Hamp stead Road—there was a policeman there when I got there—it was Constable Wilmer, 457 S—I spoke to him, and he and I followed the prisoner, who jumped on to a 'bus going in the direction of Camden Town—in the same direction as we were westward—the prisoner jumped on to the footboard of the 'bus—the 'bus did not stop—he jumped on whilst it was going—I saw him do that—that was the first Thus that I saw—the policeman went up to him and spoke to him—I cannot say
whether the 'bus was stopped or not—the prisoner, the constable, and myself then returned along the Hampstead Road, going in the direction of Cardington Street—on the way I learnt that Smith had been taken to the Temperance Hospital—the prisoner, the constable, and myself stopped for a short time outside the hospital—I did not go in—after having remained there a short time, I went to the police-station, where the prisoner was taken and detained—and that same night within a short time of my going back with the prisoner, I heard that Smith was dead—whilst the prisoner was in my sight on that night, he was not set upon by a lot of roughs, and no one jumped on him, or did him any injury of any kind—whilst I was in Cardington Street,! did not see a mob of lads and girls fighting and quarrelling as though they were rival sides of a street fight—I did not hear any cry of "Knife him"—There was no one following the prisoner, as far as I could see when we got into the Hampstead Road, except myself—I did not see 7 or 8, or 10 people running after the prisoner in the Hampstead Road, and calling out, "That's him"—as far as I know I and the constable were the only persons who followed him till he jumped on to the 'bus in the Hampstead Road.
Cross-examined. On this night we were going down Cardington Street, in the direction of the Euston Road, which would be towards where I live—Euston Street is close to the Hampstead Road end of Cardington Street—it goes straight along to Great George Street, and then one would turn down Euston Street—going down Cardington Street you are going away from the place where I live in order to get into Cardington Street at all, one has got to come from Euston Street—Tottenham Street is four or five turnings down Tottenham Court Road—I know Cardington Street—it is rather a dark street—this was about eleven o'clock on Saturday night—it is not exactly lonely, but there are no shops about—on one side there is open ground; on the other side a high wall, belonging to the railway premises—near the bend there are warehouses or large buildings—I did not notice this man till we had passed him—he was walking rather sharp—we were both on the same side of the road, and on the same pavement when we overtook him—if we had not stopped we should have very quickly been in the Hampstead Road—I had never seen the prisoner before, and as far as I know, neither had my companion—I only heard him speak twice—once when he asked us what we were doing round there, we both turned round and went back to him, and, of course, faced him—we went up to him when we said, "What is that to do with you?" and it was when we both turned round and faced him that he said, "Go on about your business, and don't follow me"—it would have been a very easy thing to do, to have gone on into the Hampstead Road—he appeared to think we had followed him—when we had walked on about 10 yards, Smith stopped of his ownaccord—he then turned round and faced the prisoner—I did not notice that there was anybody standing at the end of the street watching us—I did not see a man come from the Hampstead Road into Cardington Street—I did not hear a man from a house in Cardington Street call to us and say, "Why don't you let the man alone?"—there are a few private houses towards the Hainpstead Road end of Cardington Street—I do not know Adolphus King—I saw nothing of him on the steps of the house—outside the house where we were standing a man and a woman came out—that is near the end of Cardington Street—I
did not hear the man call out—I think I should know the man again. [King was here brought, into Court.] That is very much like the man—when my friend spoke the second time, I could not hear what was said; but I saw a movement as if someone was speaking—they were quite close together—when we were speaking outside the house I did not say that he was following us—when he walked away I followed him, and did not lose sight of him—I kept my eye on him all the time—when he was in Cardington Street he had his hands by his side—I followed close to him, in the Hampstead Road, about two yards off; I was in the gutter—I did not see anyone following—when I turned into the Hampstead Road I saw no one in Cardington Street—he got on the footboard of the omnibus, and when the constable spoke to him he got off it.
Re-examined. We were walking away from Euston Street, and going down Cardington Street'—I live at the top end—in going down Cardington Street to get to my home in Euston Street, we should have to go right round Cardington Street, into the Hampstead Road, to George Street—from George Street we should get into Euston Street—my home would be in Euston Street, at the end nearest to George Street—going to my house the nearest way would not be by going to Cardington Street, Hampstead Road, George Street, and thence to Euston Street, but by Malcolm Street—I was walking in the gutter, and the prisoner was walking on the pavement, and that is the way I followed him into the Hampstead Road, and till I saw the police-constable—Smith was about my own size—I am 18 years old—we were not out on any particular business that night, but were simply out for a walk—we were then going home.
WALTER HENRY SHIRES . I live at 18, Clarendon Street, Somers Town—before the evening of September 11th I did not know Smith or the last witness Farrant, or the prisoner—on Saturday night, September 11th about eleven o'clock, I was in the Hampstead Road walking towards the Euston Road on the left band side of the road—on the Cardiogton Street side—I should have to cross over the end of Cardington Street where it joins the Hampstead Road—as I was walking I saw some people looking up Cardington Street, they were at the corner of Cardington Street in the Hampstead Road—there were about nine—they were standing separated, not together—they were standing still and looking up the street—I heard somebody shouting out, and I walked up the street in the direction from where the voice came from—I did not hear the words—I walked about 30 yards up from the Hampstead Road—I then saw Kimber, Smith and Farrant standing together—I heard Kimber say "What are you following me about for?" Farrant said "What do we want to follow you about for 1" Farrant then said to Smith,"let us walk on in front if he thinks we are following him," they then walked away together in the directionrof the Hampstead Road—the prisoner stood still—after the two had walked away, I saw Smith stop and look round—he was about 10 yards away—he looked at Kimber—Kimber was standing where they left him—Smith got quite close to prisoner—I saw Kimber appear to speak to him—I could cot hear the words—Smith did not appear to speak to Kimber—I saw Kimber make a movement towards Smith—he hit him on the body, it was not in the face—I did not notice Anything in Kimber's hand at the time—I was behind Smith—Smith's hands were in his trousers pockets, both of them—Farrant was about
two yards in front of Smith, on the pavement—I was on the opposite side of the road—after Kimber had used his hand in the way I have shown he walked away in the direction of the Hampstead Road—I followed him up to the Hampstead Road, and then I lost sight of him—I then went back to Smith—I stopped at his body—Farrant also disappeared when the prisoner did—he followed in the direction Kimber did—Smith fell in the Hampstead Road, between a shop and a laundry, about five yards from the corner of Cardington Street and Hampstead Road—I went to him—he was on the ground—I did not notice anyone else with him or near him when I got to him—he was unconscious—he was taken to the Temperance Hospital—I helped to put him on a barrow and to wheel him as far as the gates, but I did not go into the hospital—the next time I saw the prisoner was at the hospital gates, where he was in the custody of a policeman—the eight or nine people who were standing at the corner looking up Cardington Street were men and women—I did not see any quarrelling or fighting in Cardington Street—I did not hear any cries of "Knife him" or anything of that kind—when I walked up Cardington Street, and saw Smith, Farrant, and the prisoner, there was a man and woman on a doorstep in Cardington Street—I did not see anybody else, but the people gradually worked their way up the street.
Cross-examined. I should have passed Cardington Street if I had not seen people looking up the street—I stopped and heard somebody shouting—there were not more than eight or nine people who were looking up Cardington Street—I then went into Cardington Street—I could not hear what was said—the man at the house spoke to Kimber—then the young mnn walked away for 10 or 12 yards when he stopped—if he had walked straight on he would have been in the Hampstead Road in a few seconds—I was on the same side of the road as the Temperance Hospital—the buildings come up to the corner—I went about 30 yards up Cardington Street when I stopped—I was about 16 yards away from the men when the blow was struck—Farrant was not the nearest to me—he was about two yards in front of the others—he was nearest the Hampstead Road end of Cardington Street—when this happened I was in Cardirgton Street where the man came out of the house—I followed Kimber as far as the Hampstead Road, when I lost sight of him—I made a statement about this the next day—the man who came up and spoke to the prisoner came from the righthand side of the road coming from the Hampstead Road.
ADOLPHUS WILLIAM KING . I am a decorator of 53, Cardington Street—On Saturday, September 11th, about 10.40 or 10.46, I was standing on my doorstep with my wife—I saw two lads on the lefthand side and a man on the right side of my house, they were all on the same side of the street—I heard the two lads speak; they said, "Why are you following me?"; I said, "Why not leave the man alone?"—one of them said, "We have to get our own living"—I then went inside and know nothing more—I did not notice the man at all, I thought he was the worse for drink—I did not see the lads do anything to the man—I went inside and shut the door.
Cross-examined. It is very unusual to hear a disturbance in Cardngton Street—I do not remember on this night a man knocking at my door and complaining of his hat being thrown into I he area—all wag,
quiet after I came in and shut the door—I did not see any man who complained, it was not Kimber.
THOMAS SULLIVAN . I am a French polisher, I live at 23, Clarence Gardens, Regent's Park—on the night of September 11th about eleven o'clock I came down Robert Street into the Hampstead Road—in the Hampstead Road I saw the prisoner walking in the direction of Euston Road—I also saw Farrant following in the same direction, he was walking in the gutter—he was about three feet from the prisoner—I heard Farrant speak to the prisoner—I walked on ft little further and followed both the men—I saw Farrant speak to a police-constable in the Hampstead Road—there was an omnibus coming in the opposite direction to which the prisoner was going—he turned round and ran after the bus and he managed to scrape on to the footboard—I went towards the bus in the same direction, and Farrant and the constable also went in the same direction—Farrant did not speak to the constable so that the prisoner could hear him—the constable went in the direction of the bus with Farrant—the prisoner was trying to get inside—Farrant said, "That is the man"—the constable took the prisoner off the footboard—the three of them, Farrant, the prisoner and the constable, then went in the direction of Oardington Street—I went after them—I found a crowd outside the hospital, and I stopped outside the gates—while I was there I heard the prisoner speak to the crowd—he said, "They jumped on me"—I said, "You don't look much like it"—then he said, "What I did I did in self-defence"—shortly afterwards I heard that the young man was dead in the hospital.
Cross-examined. On the early Sunday morning I was in the Hampstead Road—it was about 12.50—there is a shop there of the Nottingham Hosiery Company—outside that shop the knife was found in the gutter—that is the knife (produced)—when we found it there was blood on it, but it looked as if it had been wiped—the blade was closed—when I saw Farrant and the prisoner they were just getting on the kerb past Robert Street—the policeman Davis was standing; by the public-house, 12 or 15 yards higher up than Robert Street—when I saw them I followed to protect the prisoner, who was walking on and saying nothing—Farrant said, "That is him" when he was on the omnibus—the whole distance walked was not very far—he got on the footboard of the omnibus—someone in the crowd said the young man was in the hospital—the prisoner said he would like to see him—he wished to go into the hospital—he did not wish to be detained outside the hospital and made a puppet-show of—there was a crowd of 20 or 30 people.
Re-examined. He said, "I don't know what you want to keep me for; let me go inside and see the boy if I have hurt him."
WALTER HENRY SHIRES re-examined. When I Raw the prisoner and the two young men I did not notice anything in his face which led me to believe he was suspicious of the men—he appeared drunk to me—I said before the Magistrate, "I thought the prisoner was drunk, as he staggered when he walked up to the deceased; he did not stagger when he gave the blow—he did not talk in a firm voice—he seemed suspicious"—I mean by suspicious that he seemed drunk and dazed; he did not seem to know what he was doing, the way he was talking.
midnight on September 11th I saw the prisoner and Farrant at Albany Street police-station—I went with Farrant to the Hampstead Road between 12.30 and 12.40, and opposite the Nottingham Hosiery Company's shop, and about a foot from the kerb in the road, I found this clasp kuife—it had liquid blood on the blade, the back of the blade, the shoulder, and the spring at the back—the marks are dried on it now—it was closed.
Cross-examined. I know this district perfectly, I am in that division—Euston Street runs parallel with Drummond Street towards George Street, ending at Euston Square; it is crossed by Coburg Street and Melton Street between George Street and the Square—from the Drummond Street end of Cardington Street you could go into Euston Street by Coburg or Melton Street—I cannot say that the district round there is an exceedingly rough neighbourhood; I do not think it is—I do not know of places within a short distance where gangs of young roughs go about—I have been there slightly over four years—I know Cardington Street perfectly.
FRANK WILMAR (457 S.) About 11.15 p.m. on September 11th I was on duty in the Hampstead Road at a point just at the corner of Robert Street and the Hampstead Road, when Farrant came and spoke to me and pointed out the prisoner, who was crossing the road towards the Euston Road, where he got on to an omnibus going towards Camden Town. I took hold of him when he was on the footboard of the omnibus—I said, "Come down; you will have to come back with me"—he got off—I took him into custody—Farrant said, "That man has stabbed a boy; I will show you where the boy is"—I took the prisoner towards the gates of the hospital where I saw the deceased on a coster's barrow—while going towards the hospital the prisoner said, "You don't know what they have done to me with a lot of roughs"—when I got to the hospital I handed the prisoner over to another constable and ascertained whether Farrant's statement was true or not—I then retook the prisoner, and took him to Albany Street police-station—I noticed blood on the first two fingers of his left hand and on the thumb of his right hand—in my opinion it looked fresh blood on both hands—in my opinion he was perfectly sober and sane.
Cross-ewmined. No one asked me whether the prisoner was sane—he was quite sober—I noticed his hands in the charge room of Albany Street station at about 11.30—I arrested him at 11.15—other people were present when I saw his hands—I did not take hold of them to look at them closely.
GEORGE DOWNEY (Inspector S.) On Saturday night, September 11th, I was in charge of Albany Street station—about 11.30 p.m. Wilmar brought the prisoner in—he was sober—I saw blood on the thumb and forefinger of his right hand—I did not notice the left hand at that time—I called Divisional Surgeon Dr. Maughan, and he saw the prisoner—the prisoner was detained—on searching him I found this piece of paper, doubled up, in his vest pocket—there are bloodstains on the back of it—I sent for Inspector Rowan and then took the charge—I read the charge to him, and cautioned him in the usual way, and he made a statement which Rowan took down in writing—Dr. Maughan was present at the time—he examined the prisoner afterwards.
Cross-examned. I saw his hands when I was searching him, and saw
a mark of what appeared to be blood—the piece of paper was folded in four in his right-hand waistcoat pocket.
ALFRED ROWAN (Inspector S.) I saw the prisoner at Albany Street police-station, about midnight, on September 11th—a little after one o'clock I charged him with the wilful murder of Frederick Smith, by stabbing him—he made this statement, which I took down in writing, "I came from Euston Road to Cardington Street; there was a mob there of girls and lads fighting or quarrelling; something was going on. I foolishly, like other people, stopped to look. There was a cry of 'Knife them.' It appeared to me to be rival sides. I went on into Hampstead Road. They, I mean seven, eight, or ten of them, ran after me and said, 'That's him.' I think the witness Farrant was one of them. I jumped on to an omnibus to get out of their way, when the constable look hold of me"—he signed it—by that time the knife, which has been produced, had been brought to the station—I showed it to the prisoner with other property which had been taken from him—he said he knew nothing of it.
Cross-examined. I know this district well—within half-a-mile of the Euston Road, it is rather a rough neighbourhood—just out of the district of the Euston Road there were a few months ago gangs of young fellows who gave great trouble—you did not require to live in the neighbourhood to know it, it was well-known—we bad several arrests, two for shooting I think, and the gangs were separated—this trouble was with gangs of young men—I made one arrest in connection with those matters—that was more in the Somers Town district, less than half-a-mile from Cardington Street—neither of those two cases came to this Court; they were dealt with by the Magistrate—I have charge of this case—the prisoner was in the police force—a record copy is kept of every man's career in the iorce—I have a copy of his record—he is about 46; he joined the Metropolitan force on May, 1871, and retired from the force in January, 1891, in consequence of being medically unfit for further service, as he was suffering from lung disease—he was 19 or 20 when he joined in 1871 as an ordinary police-constable—he served his first nine years at John Street, Edgware Road, in the "D" division, which would take in Lisson Grove, a very rough neighbourhood—from there he went to Old Street, St. Luke's, "G" division, a rough district—he was made a sergeant—I could not say if for three years he was on special duty in private clothes, dealing with gangs of roughs in that district, it would not be among the records of his service—I cannot say it of my own knowledge, but I have heard that while on duty there he received an injury, and burst a blood vessel in making an arrest—he suffered from spitting blood afterwards—I take it from the medical certificate on which he was discharged that he was suffering from lung disease—after that injury he was removed to Lee,-to the "R" division, and was made subinspector, and remained there seven or eight months—then he went to Albany Street, where he remained a year, and from there he was moved into the "C" division, where he was for three years; that was when I knew him—he was entitled to a pension when he was retired; his certificate is marked "Conduct good"—I have no record as to whether he was commended from time to time by the Commissioner for his services—a man would not voluntarily retire after 20 years' service; it would be detrimental to him, as he would only get a small
pension—during the time I knew him in the force he was a very quiet, inoffensive man, and very reserved; the last man in the world, I should think, to be guilty of an act of violence—I knew he was married; his wife was ill for these last two years, I should think, or longer—I should assume it affected him; I do not know it as a fact—he was attached to his wife, and used to go about with her a good deal; I think they lived on very good terms—just lately she was inclined to drink, and the prisoner, though formerly a very abstemious man, has latterly drunk himself—his wife died after bis arrest, and during last session—during the last 18 months I have noticed a marked change in the prisoner—he appeared to have aged considerably—he would sometimes pass people he was on very good terms with without speaking to them, as if he did not know or did not like to know them; one day he would be on very good terms with them and next day he would scarcely speak to anyone—he lived close to the station to which I am attached, and I used to see him almost daily—Robert Street is not far from the station—he and his wife had a secondhand clothes shop there, and a bootmaker's shop, he mended or employed a man to mend boots, and sold leather.
Re-examined. I should say the prisoner has given way to drink for about 18 months, but not excessive drinking till lately—at one time he was a very temperate man; for the last 18 months he has been erratic and has been drinking, and during that time I have noticed the change in, him of which I have spoken—his wife drank very much recently, during the same time and before also—I think she was the first to take to it.
JAMES MAUGHAN . I am a divisional surgeon, and live and practise at 56, Albany Street—About one a.m., on September 12th, I went to the Albany Street police-station, where I saw the prisoner—I looked at his hands—on his left hand there was a broad red band on the first finger, on the outer side; it was a blood stain, moist and recent—on the right hand there was a cut on the soft part of the thumb, and also three stairs of blood on the right palm—the cut was of some hours' duration; he said he had cut his thumb at eight o'clock that night while cutting some leather, but he had rubbed blood off by wiping it on the finger of the same hand—the appearance of the cut was consistent with that explanation—the stains on the right palm were dry—I was shewn this, knife; there were recent blood-stains on part of the blade and on the handle—I examined the blood through a microscope and found fat was mixed with the blood; that might be caused from any wound through fatty material—if the wound penetrated through fatty material, it would account for what I saw—a wound penetrating the abdominal wall would meet with fatty matter in its course—I was also shewn this piece of paper, upon which were moist blood-stains—I microscopically examined and found the stains consisted of blood and fat—the prisoner said he had been drinking; his condition was consistent with it in my opinion, but at the same time he was not drunk; he was perfectly well able to understand and answer any question that was put to him and to walk perfectly straight—I made my examination about one a.m.
Cross-examined: When the knife was shown to me it was closed—I opened and examined it—the area of the knifo blade at ihe point corresponds with the mark on the Pece of paper—a cicular hole was punched in
the middle of the stain on the paper, and the piece of paper punched out was examined microscopically, and abundant traces of fat and blood were found—the stain was dry—it is possible that the prisoner wiped the knife on this piece of paper.
Re-examined. The point of the knife was free from blood, and that made me try and see if the point of the knife fitted with the stain, and I found they harmonized.
JOHN WILLIAM GLENTON MINOR I was house surgeon at the Temperance Hospital on September 11th when at 11.15 p.m. the deceased was brought there in a collapsed and unconscious condition—I found an incised wound on the left side, about three inches below the margin of the ribs, about one inch from the middle line—he lived 10 or 15 minutes after his admission—on the following Tuesday I made a post-mortem examination—I found that the incised wound was about three-quarters of an inch long; it had penetrated the abdominal wall, both walls of the stomach and also the aorta, and the point of the knife had just impinged on the vertebral column—the wound was about three inches long—a wound of that character would have caused very considerable internal hemorrhage, and there was a great deal—it was from the shock following such a wound that the man died—the case must have been hopeless from the first—the wound I found could have been caused by such a knife as this—I should say the knife was held with the cutting edge upwards—there were cuts on the deceased's clothes corresponding with the wound exactly—making allowance for the clothes he was wearing, considerable force must have been used to inflict such a wound—he had corduroy trousers, which came up very high in the waist—the knife had gone through those and a flannelette shirt—his waistcoat was not cut.
Crost-examined. In my opinion the cut must have been the result of a horizontal blow with the cutting edge of the knife upwards.
Witnesses for the Defence.
ELIZABETH GILBERT . I am 75 years old, and I have lived at Bishop's Stainton, in Devonshire, all my life—I knew Samuel Kimber, the prisoner's grandfather—he lived in the same village with me—his wife supported him during the latter years of his life, as he was quite insane—he was quite a lunatic; he was incapable of doing anything for himself—at one time he had been a gentleman's servant; after that he was round the neighbourhood, and did not go far—he died, and was buried in the churchyard—his son, Henry, went into the service of a gentleman, to whom my father was servant for 40 years; they were in service together—Henry Kimber had to come home and go into the Devonshire Lunatic Asylum—he died there, and was afterwards brought back to be buried in the village—after the death of his father and mother, Henry Samuel Kimber, the prisoner, lived with his grandmother till he came to London.
Cross-examined. The grandfather, Samuel, was never in confinement—there were no asylums so many years ago as that—they did not take any notice of his going about, because he was perfectly harmless—he had six children; Henry Kimber was one—the prisoner has a brother.
Re-examined. I knew no relations of the grandfather—he was not considered dangerous—he once tore a raw fowl to pieces—he was never violent.
FREDERICK SAUNDERS . I am clerk to the Devon County Asylum, Axminster—I have been there 27 years—Henry Kimber was received into that asylum in 1862—he was quite insane, and suffering from melancholia—he died at the Asylum on August 9, 1862, of general paralysis of the insane.
WILLLIAM TOWNSEND . I live at Bishop's Stainton—I have known the prisoner since he was a boy—after the death of his father in the lunatic asylum he lived with his grandmother—I knew him well—he was always a quiet, well-conducted, rather reserved young man—he left the place with a very good character when he came up to join the policeforce whea he was 19 or 20—after he was in the force I saw him once or twice—after he had to retire on account of the state of his health he came to Devonshire—the first time I saw him I knew him at once—about three years after that, in September last year, he came to see me again, and he was then so changed for the worse in his appearance and manner that I did not know him when he came to the door—I knew his voice—he had aged very much, and he seemed to be lost in his mind when he came in—when a young man he used to lodge with me—he has changed very much indeed in appearance during the last few years.
Cross-examined. He was very sober when I knew him, well conducted, and always rather reserved—I never heard he had lately given way to drink—I did not know it in September, 1896.
WILLIAM CHEESEWRIGHT . I have known Kimber for 10 years—I knew his wife—all the time I knew him he was a quiet, inoffensive man—his wife unfortunately drank very much—I have noticed a great change in his appearance of late, in his face and eyes, and in wandering about, in conversation—about four months ago I went to see a man named Claridge, who is charged with murder, and is in the lunatic ward of the infirmary, and he reminded me, in the eyes and conversation and everything, of Kimber—I had the conversation with the prisoner about a month before this murder.
THOMAS HODGE . I have known the prisoner for the last five years—he always appeared a very quiet, inoffensive man—within the last 12 months I have noticed a change in his appearance and manner—the strangeness of his conversation has attracted my attention—he drank, but I never saw him take a very great deal—he could walk very well, but I noticed by what he said—I was speaking to a friend of mine about the disease of the potato crop 40 years ago, and the prisoner said, "I have seen some very large potatoes"—I said, "How large have you seen them?"—he said, "I have seen such potatoes that a quartern loaf was nothing to the size of them"—I said, "I think you are talking very foolish"—he said, "I am not talking of English grown potatoes"—I said, "I don't know where they came from, but I have never seen potatoes so large as a quartern loaf"—he said, "Well, I don't know; perhaps I have a little exaggerated"—I thought perhaps he was a little out of his mind, and that he had been drinking a little when he said that.
Evidence in Reply.
JAMES SCOTT . I am the Medical Officer at Holloway Prison, into which the prisoner was received on September 13th, 1897—in consequence of instructions, I made him a subject for special observation—the case was postponed from last Session to this, and he has been under my
observation for something over two months—he has been quiet and rational in his conduct, though he has appeared rather nervous and depressed mentally—rather more nervous, but not more depressed than a person ordinarily is who stands committed for trial on a charge of murder, except at the period when he received intelligence of his wife's death—he appeared to feel the death of his wife very keenly, and to realize the loss he had sustained—during the whole time he has been under my observation I could not find evidence of legal insanity, and I think he has been in a condition to appreciate the nature and character of an act he was doing, and to realize that it was wrong—I have read the evidence in this case, and have been present in Court during the greater part of this trial, and I have seen and heard nothing to lead me to think that he was actually legally insane on September 11th.
Cross-examined. The legal definition of insanity is that a person does not-realize the nature or quality of an act he has committed, and does not know it is wrong—there are very many people in confinement now who know an act is wrong and still do it—the test I apply is the definition of legal insanity—the prisoner is prematurely old—in the case of a man whose father and grandfather died between 40 and 50, one of imbecility and the other of general paralysis, there is more probability that he inherits some mental weakness—bodily health has a considerable bearing on mental health; a man in good bodily health is less likely to be affected mentally—the prisoner told me that while in the force he ruptured a blood-vessel and spat blood a good deal afterwards—I should not describe him as a man of strong mental power—if he bad any tendency to insanity in his constitution, the fact of his health breaking down would probably aggravate whatever the tendency was—he said that during the last 12 months his wife's health had been a source of great worry and anxiety to him—the earlier symptoms of melancholia would be nervousness and depression—a man might suffer from a delusion of which there would be no trace shortly afterwards—a very common variety of delusion where a person's mind is giving way, is that he is the subject of persecution, and is being followed and spoken to in the street.
Re-examined. He has had no fit or anything of that kind while under my care; he has complained of certain feelings which I have watched, because they were somewhat of an epileptic character, he had no attack of epilepsy—speaking of his wife before and after her death, he gave a fairly collected account, but he spoke more slowly and foolishly than I should have expected from a man who had held such a position in the police-force—I heard he had been drinking for 18 months—drinking for 18 months to frequent excess would probably dull the intellect in a person prone to mental weakness.
GUILTY. Strongly recommended to mercy by the JURY on account of the worry and trouble he had had at home. — Death.
NEW COURT.—Wednesday, November 24th, 1897.
Before Mr. Recorder.
33. CHARLES JAMES FAUVEL, Being a director of the Gwelo Matabeleland Exploration and Development Company, Limited, applying to his own use cheques for £471 7s., £276 8s., £449 1s. and other sums, the property of the said Company. Other Counts—For altering and falsifying their accounts, with intent to defraud.
LORD COLERIDGE and MR. ABINGER Prosecuted, and SIR EDWARD CLARKE, Q.C., MR. GRAIN, MR. HORACE AVORY and MR. CRAIG for the Defence.
During the progress of the case the JURY enquired whether there was any corroboration of the prosecutor's evidence, and on LORD COLERIDGE stating that there was not, they said that they unshed to stop the case, and returned a verdict of NOT GUILTY THE RECORDER considered that in this case there had been a great abuse of the process of the COURT.
THIRD COURT.—Wednesday, November 24th, 1897.
Before Mr. Common Serjeant.
ALFRED WEBB . I am an errand boy—I live at 47, Henry Street, Pentonville—on Sunday, October 31st, about 8.15 p.m., I was standing outside a stall in Henry Street with three other boys—a boy came and asked me for a light—I gave him one—he asked me if I wanted to fight—I said" No"—four or five boys were standing behind him—I felt hurt on my leg and fell down—I was hit in the right thigh above the knee—I was taken to the hospital—the boys ran away.
EDWIN THOMAS PORTWINE . I am a school-boy living at Clerkenwell—I was standing outside a stall with Webb about 8.30 p.m. on Sunday, October 31st—some boys came up and asked Webb for a light—one had a "fag" in his mouth—that is a cigarette—when Webb had given a light the boys asked him if he wanted to fight—he said "No"—somebody fired a pistol—I heard a report—the boys ran away—Webb went to hit a boy, but felt his leg was bleeding and fell down.
CHARLES READ . I live at 6, Crescent's Place, King's Cross—on Sunday, October 31st, I was a school-boy—I was with these boys, who are friends of mine—they have left school—about 2.30 we went to a boy Luther's house, and I bought a pistol of Luther for 3s.—Bond and Leader were with me—Luther gave me some bullets, or cartridges, and a ramrod—we went down the Essex Road, because there was a war on, and we went to fight the boys in Grosvenor Street—we failed to find them, and came back to the Pentonville Road—we arranged to meet again and I went home to dinner in Pentonville—about six p.m. I met Bond, Leader, and Charley Parsons—we went down the Essex Road again, and failed to find the boys—Bond said, "I mean to shoot somebody before I go home to-night"—he had said "Let me look at the pistol," and I let him look at it, but he would not give it back to me—I gave him some cartridges—then we came back to a coal-shed and saw four boys—we stood at the shed, and some boy asked for a light, and a boy gave one, and the pistol went off—there was no fight—I told the Magistrate that "Bond said. 'I mean to shoot someone before I go home to-night'"—I saw Bond fire at the boy—we ran away, and Parsons
said he saw a bjy fall down and cry in the Pentonville Road—Bond gave me back the pistol—I sold it to a boy, Rowley, on the Monday night following for 1s., but he has not paid me—before Bond fired the pistol I did not hear anybody say anything—Leader said, "Fire," just before Bond fired—I said to Bond, "You may get us locked up if you keep on showing the pistol"—I have not heard of boys being sent to prison for shooting—I read in the papers about the little girl being shot—I never said "Fire"—I did not ask anyone to fight.
CHARLES PARSONS , I live at 78, Southampton Street, Pentonville—I work at an engineer's shop—I am 15 years old—I know the prisoners—on October 31st I was with them and Read in Pentonville—we went to Grosvenor Street to fight some boys—Read had a pistol—a boy, Sloper, gave us some cartridges—we had one tin each—not finding the Grosvenor Street boys we came back to Pentonville—we went down Henry Street—Read had given Bond the pistol—Bond fired it—some boys were standing at the coal-shed and we went up to them—either Read or Leader asked for a light—then I saw Bond fire—he pointed it at a boy about two yards off—I had heard nothing about fighting—I was the last to run away when I saw the boy was shot in the leg—I saw him staggering—I did not hear anyone say "Fire"—I am not deaf—the cartridges were the same kind as these.
RICHARD WHITTINGTON . I am house physician at the Royal Free Hospital—Webb was brought to the hospital about eight p.m. on Sunday, October 31st—I examined him—I found two wounds on the right thigh—one appeared to be the entrance, and the other the exit wound made by a bullet about the eize of this bullet, going through his leg—it went through the fleshy part, if it had gone through the femoral artery it might have been fatal—his leg is still bandaged, but the wound is practically healed—I believe there is no muscular injury.
JOHN ROBINSON (Police Sergeant). On Tuesday, November 2nd, about five p.m., I arrested Bond at Wyman's printing works, Lincoln's Inn Fields, where he was employed—I told him he would be charged with shooting a boy at Pentonville on the Sunday—he said it was only an accident—I took him to King's Cross police-station, where he was charged—he said, "I told the boy to look out before the pistol went off; Charley Read lent me the pistol, and gave me two boxes of cartridges, I gave the cartridges to Mrs. Foster, 9, Derry Street, Gray's Inn Road, where I lodge, to mind for me"—shortly afterwards I went to 9, Derry Street, where the boy lodged, and received these two boxes of cartridges.
WALTER SELBY (Police Constable). About 6.30 p.m. on November 2nd, I arrested Leader in the Pentonville Road—I told him he would be charged with being concerned inwounding a lad on Sunday evening in Henry Street—he said, "It is a lie, I was not there, somebody is getting it up for me"—I took him to the station where he was charged—he made no reply—he has been in a situation about 12 months at a wood chopper's, a paper stainer's, and doing a little work as a trace-horse boy to a tramway company—he has a mother but no father, and is the youngest of a family—Bond has a father who turned him out, and he lives at Derry Street.
boy for a tramway company—Bond has been in similar employment for the 'buses—on Sunday, October 31st, I sold a pistol to Read for 3s.—Bond was with me—it was a one-chamber Deringer—I bought it to sell again—I gave 2d. for it—it was shorter than the Deringer produced, but the same style—I do not belong to the gang of boys who go about shooting one another—I have never been in such a gang—I never heard of them—I read in the papers of the little girl being shot—I am 19 years old.
Bond's defence: I did not mean to do it.
Witness for Bond.
MRS. BOND. I am a widow—Bond is my youngest of a family of 10—most of my children are married, but I have at home three girls and this boy—he is a good boy and never gives a saucy answer—he has passed his school standard, and been at work—he was sent for to work three days last week—he was 14 last October.
Cross-examined. He came home to dinner and to tea on Sunday, October 31st, and went out again—he came about 10.30 p.m. to his sister s.
Leader's defence: Read fired through some windows, then at something in a field, then he shot at a cat and the pistol would not go off, and the cat ran away. A little while after I went home Then he said, "I'm going to sell the pistol for 1s."
LEADER— NOT GUILTY . BOND— GUILTY of Unlawfully wounding.
The JURY added that they thought Head should have been in the dock. INSPECTOR MORGAN stated that within an area of about a mile of this occurrence about 20 persons under 20 years old have been charged with possessing firearms and, in some cases, inflicting injury. BOND— Fourteen Days' Imprisonment and Three Years in a Reformatory ,
MR. OLIVER, Prosecuted, and MR. HUTTON Defended.
WALTER WHITE . I am an Inspector of the London Road Car Company and live in Rosslyn Road, Shoreditch—on Saturday, October 23rd, I was at the corner of New Inn Yard about 9.45 p.m.—I heard a policeman's whistle—I saw the prisoner and four others followed by the constable and the prosecutor—I heard him say, "Stop thief"—I took hold of him—a crowd gathered—several attempts were made to rescue him—I went to the station with him.
Cross-examined. He went to the station quietly—the crowd were trying to get hold of the prisoner's arm—I was forcing them back—they called out several things—I heard, "I shall let you have it"—they were trying to get between the prisoner and me—there was no attempt by the prisoner to get away—the locality is a rough part and there is a class who will attempt to rescue a prisoner whether they know him or not.
and shouting "Stop thief"—I blew my whistle—I caught the prisoner at the corner of New Inn Yard, and asked him what he was running lor—he said, "I am not the thief; I am running after the thief"—a large crowd assembled—on the way to the station there was an attempt to rescue the prisoner—he walked quietly to the station—the three others were 10 or 20 yards behind—White and the three prisoners were shouting "Stop thief"—the prosecutor came up to me at the corner of New Inn Yard, and made motions that he had lost his hat—I have found that he is employed in a respectable situation and bears a good character—he had a new cap in his hand.
Re-examined. I saw no one running in front of the prisoner.
WILLIAM JOYCE . [This witness was deaf and dumb and uneducated, and his evidence was interpreted by signs.] I am a porter, living at the corner of New Inn Road, Whitechapel—on Saturday, October 23rd, the prisoner hit me under the chin, caught me by the throat, knocked me down, unbuttoned my coat, caught hold of my waistcoat and took my watch and chain away—I had seen the prisoner before.
Cross-examined. There were four men round me, who ran off—I next saw the prisoner in the hands of the police—he had one cap—it was on his head.
Evidence for the Defence.
ERNEST BARWICK . I am a paper hanger, of 28, Mildmay Street—I know the prisoner—I met him on Saturday, October 23rd, about nine p.m. at his house—I went with him to Jenkins's, 166, High Street about 9.45 p.m.—he bought a cap and put it in his pocket—I left him at the shop door—there was a row and we heard a whistle blow and I saw no more of him—half an hour afterwards I heard of his being taken into custody from a description of him—the following Monday I went to the police-court and gave information—I told the Magistrate what I knew.—I have known the prisoner for four or five years.
Cross-examined. I generally meet him at his house—when he saw the row he said, "Halloa, what is up "; and went down the road to see the row—I waited for him quite half an hour—I saw him put the cap in his pocket—the court in New Inn Yard is about a quarter of a mile from the shop—he bought the hat inside the shop—I saw the cap on the Monday in Court—it was wrapped in paper—he asked me if I recognized it—it had the same name on it—I was told a chap wearing a white flower in his coat had been locked up—the prisoner had a white flower—I informed his mother, who sent to inquire about one o'clock on Sunday when I first heard of the robbery of the watch and chain.
HARRY WICK (211 G) re-examined. The shop referred to is 30 to 50 yards from the place of the robbery—the prisoner had a cap in his hand when taken into custody—it was not in paper—it is not here—it was not shown in paper in Court—it was shown.
The prisoner received a good character.— NOT GUILTY . The JURY added that he left the, Court without a stain on his character.
MR. MACMAHON Prosecuted, and MR. HUTTON Defended.
I am manager to a boot and shoe shop in Commercial Street, Whitechapel—on Saturday, October 23rd, I saw the prisoner with a male and two females in a public-house in Pitfield Street—I looked at my watch for the time, when I left the house it was 11.45—the prisoner was standing in the corner of the bar—when I had got about 100 yards away the prisoner, who had followed me, struck me on the head—he came in front of me—I became unconscious from loss of blood—his blow felled me to the ground—I was rescued by a constable—I saw the prisoner's face before he struck me—I lost a gold Albert chain, two gold Indian Moor coins £5 from my left-hand pocket, 10s. from my right-hand pocket, and, my watch.
Cross-examined. My watch was silver—I gave the prisoner into custody for having stolen my watch, value £20—that was at the station, a quarter of an hour or 20 minutes afterwards—I corrected my statement at the time; the following morning—I had been carrying a gold watch, but I had left it at Tottenham, at a house opposite my residence, and was carrying a silver one—I did not go into that public-house at nine—I may have said nine, but it could not be nine—I said "On Saturday about nine I recollect going into a public-house, I saw the prisoner in there, in the private bar with two females" that is correct—I am not quite certain it was nine—I have not discussed the time with anybody—I made a mistake as to the time—I do not go to business on a Saturday—I had been to West Green, Tottenham—I had been transacting business—I was not the worse for drink—I was charged at the Worship Street Police Court the next morning with being drunk—I was discharged—I said, "I looked at my watch in the public-house"—I described my watch as a gold one—it did not look like a gold one in the public-house—I was not taking that amount of notice—I could tell it was 11.45 when I looked at it—I said, "I looked at my watch; it was then about nine as well as I can remember"—that is correct—I was not in the public-house till 11.45—I was there some time—I think I am sober now—I told the Magistrate that the last time I saw my watch, was nine o'clock—I saw it again at 11.45 in the same house—I cannot say how many drinks I had had—I never drink spirits—I had had two glasses of bitter ale—that is all—I had been to different houses.
HENRY MOSS . I am a furniture polisher, of 40, Alma Street, New North Road—about 11.30 on Saturday, October 23rd, I left the Alma Music-hall with two of my mates and went for a stroll in Pitfield Street—I saw the prosecutor the worse for drink, leaning against the shutters of a shop—I saw the prisoner and another man stand in front of him—a soldier came along and wanted to assist him but he seemed to take no notice—the prisoner and another man took him down Haberdasher Street—I went round another way and saw the prosecutor in the gutter with his face downwards and the prisoner running across the road, followed by a police-constable—the other man ran in another direction—I picked the prosecutor up—his head was cut—a constable brought the prisoner back—the place was not well lighted—I can swear to the prisoner—I next saw him at Worship Street—I assisted the constable.
Cross-examined. I did not know the prisoner—I thought there was something wrong and went down the next turning—my mates' names are
Bennett and Chenille—I have been in trouble for kicking a football in a public street, not for assaulting the police—I was taken before a Magistrate at Worship Street and bound over not to do it again—I said the policeman was drunk who took me; the Magistrate said he was not—that was all the same occasion—the prosecutor was insensible when I went up—I did not see the man Spencer—I cannot identify the man who was with the prisoner—I saw a woman the other side of the road.
FREDERICK GRIFFITHS (77 G). On October 23rd, about 12.30, I was on duty in Singleton Street—I saw the prisoner and the prosecutor struggling on the footway—I heard a shout, "Take your hand out of my pocket?"—I saw the prisoner strike the prosecutor on the upper part of his body—the prosecutor fell and laid on his face—I was 20 yards off—I did not for the moment realize what happened—the prisoner ran and partly walked across the road to a woman—I caught hold of him when he had reached the woman—I said, "What have you been doing to that man?"—he said, " I know nothing about it, I am going home from work with my wife"—I took him back where I saw the witness who partly picked the man up—the prosecutor said, "That is the man—he has got my watch and chain"—I took the prisoner to the station—he said, "I was walking along the street when the constable took me"—the woman walked away—the prisoner gave a name and address where I found he did not live—" Charles Thomas, 3, Vincent Street,"
Cross-examined. The prisoner did not give me the address" 3A Block, Vincent Street, Staff Street"—there is no such block—(A rent-book was produced, on which was "3A. Block, Staff Street.")—Staff Street is within 30 yards of Vincent Street—I can see that these envelopes (produced) have been through the post, "3A Block, Vincent Street," and "3, Vincent Street"—I ascertained afterwards that the prisoner's address was "3, Little A Block, Staff Street"—I first saw the prisoner, not walking by, but "locked together" with the prosecutor—I saw no other man—the prisoner went quietly with me to the station—I was on the same side of the road when I saw him—his back was towards me—he walked away from me and towards the woman—he commenced running, but broke into a walk—I did not see Moss till I brought the prisoner back to the prosecutor—I did not see anyone with Moss—I did not stop the woman; I was single-handed.
Evidence for the Defence.
EDWARD SPENCER . I am a pamphlet binder, of 89, Crondall Street, St. John's Road—I have employed the prisoner to collect accounts, and as porter, over two years—he was a trustworthy servant, and had the keys of my warehouse at 94, Tabernacle Street—I met him at 9.30 on this night at the bottom of Pitfield Street, had several drinks with him, and left him at the corner of Crondall Street—I was with him till closing time walking about—I think his address is Little A Block, Vincent Street—I have been, and know where to find it—he has lived there some time.
Cross-examined. I do not remember string the prosecutor that, night—I know Haberdasher Street—there is a dark turning—it is about 200 yards from where I left the prisoner—my wife was with me, but not in the public-house: no one else.
Re-examined. When I left him he was alone—I did not see the prisoner's wife that night.
By the JURY. The prisoner would be on his nearest way home.
NOT GUILTY .
MR. KENWICK Prosecuted.
ALBERT JOHN SLADY . I live at Hale Lodge, Edgware—on November 6th, about 7.45 p.m., I was in the Green Man public-house at Hale, Edgware, when the prisoner entered the bar—I have seen him before—he was refused to be served, and went out—I had heard a dispute between him and the landlord about holding a gentleman's horse, and the prisoner used abusive language—the landlord ordered him away, and he refused to go—the prisoner said, "All right, my f—, I'll be level with you if I get five years for this"—a few minutes afterwards he added, "I will do you an injury before the morning"—I said, "I think you will get into trouble if you stop about here, I think you had better get off"—he went towards Edgware, and I followed as far as Hale Lodge, where I live, and went in at the gate—that is about 200 yards from the public—I heard him threatening, and followed about 20 yards further, and I saw him within three or four yards of a rick on the same side of the way as our house, and in a field adjoining about 100 yards from Hale Lodge—I then went back and went indoors—in a few minutes I heard somebody call fire—I went out and into the field, and saw a very large hay-rick alight, some police officers and a few more people—some men were pulling the barbed fencing down—I was talking to the officers when the prisoner came from behind the rick and said to the people and officers generally, "Here is Hennessey, what time did you see me here?I was not here at eight o'clock"—that was a few minutes past eight—six or seven minutes had elapsed since I last saw him—about eight I had heard the cry of fire—I had mentioned his name to the officers.
The prisoner. I had walked about a mile further on.
JAMES EDWARDS (Detective S). On Saturday, November 6th, I was in Hale Lane about 8.5 p.m. I heard the cry of fire—I went in that I direction and saw a hay-rick on fire—I had got over the gate into the field, and saw three men beating the rick which had recently been lit, trying to put it out—I went round the rick for the purpose of sending someone for assistance, when I saw the prisoner—I said, "Halloa, what are you doing here?" and went out in to the road, where I found assistance had been sent for—about half an hour afterwards I obtained information as to the prisoner's remarks about the landlord of the public-house close by, whose field is on the other side of the road—the rick belongs to Mr. Murphy—I charged the prisoner when I found him on the Monday morning sleeping in an out-house in a field at Kingsbury about two miles away with his two brothers, I said, "Mike, get up" (I knew him) "I am going to take you to Edgware; no doubt you will be charged with setting fire to Mr. Murphys's rick"—he made no reply.
Cross-examined. You did not ask me "What for?" and I did not say it was" about the fire at Edgware to see if they can recognize you; that's all."
GEORGE BROWN . I reside at Hale—on November 6th, about eight p.m., I was near the Green Man public-house—I heard the prisoner say to Mr. Gill, the publican, "I will be upside with you before morning if I get four or five years for it"—that means level with him.
Cross-examined. I went afterwards into the field—I did not see you till you were in the field.
THOMAS HOOK . I reside at Downs Farm, Deansbrook Lane, Edgware—on November 6th I worked for Mr. Gill from three till about eight p.m., when the fire occurred—about 8.15 p.m. Hennessey was arguing a point with a geutleman over holding a horse—the prisoner made a disturbance, and Mr. Gill, the landlord, was sent for—Mr. Gill ordered him off the ground, and then put him off by the back entrance—I went away to fetch my coat—the prisoner went into the front bar—he called Mr. Gill all the f—bastards he could think of, and said "I will do five years for you," and "I will do you an injury, you f—old bastard"—he was sober enough to know what he was doing—I saw him go away—the next thing I heard was a cry that the rick was on fire—when I saw it blaze up I was at the corner of the lane—about five minutes after I left the Green Man I heard the cry of fire—when I got there they were clearing the barbed wire fence for the firemen, and the prisoner helped between me and Edwards—the rick was partially burned.
ROBERT MURPHY . I live at Hale Brook House, Edgware—I was informed that the rick was on fire—I went directly afterwards and found it in flames—it belongs to my brother Mr. Cullen Murphy—there were about 50 loads of hay, valued at about £200—the whole was damaged—what was left was useless, being mouldy through the water.
THOMAS ECHERING GILL . I keep the Green Man public-house, Hendon—on November 6th my attention was called to a row in the stable-yard—I went out and saw the prisoner in altercation with a gentleman about a horse—he had no right on the premises, and I asked him to leave—he used bad language, and would not leave, and I turned him away—he pulled his belt off, and said, "All right, you b—, if I get five years for it I will be level with you before the morning"—I did not know his name—I have seen him in the village.
The prisoner, in his defence, stated that he was a mile away when the rick was on fire and ran back to it, and stood looking on.
GUILTY *— Eighteen Months' Hard Labour.
OLD COURT.—Thursday, November 25th, and
NEW COURT, Friday, November 26th, 1897.
Before Mr. Recorder.
Twelve Months' Hard Labour.
MESSRS. CHARLES MATHEWS, BODKIN and HEWITT Prosecuted, MESSRS.
GEOGHEGAN and HUGHES Defended Morgan and MR. STRONG Defended Moor.
GEORGE INGLIS BOYLE . I om an official from the London Bankruptcy Court—I produce a file referring to a petition against Edward Morgan of 11, Poultry and 13, Greencroft Gardens, Hampstead, stockbroker and insurance agent, who was adjudged bankrupt on December 12th, 1895—an original and an amended statement of affairs were filed—the amended one shows assets £2,095 9s. 6d., scheduled as bad debts—there were no other assets, except £30 for office furniture, but after deducting creditors for rent, nothing is left—the liabilities were £3,012 18s. 11d., and that amount is given as the deficiency—the examination was concluded on February 14th, 1896; he has never applied for his discharge.
SAMUEL VERLANDER BROOK . I am in business at 35, Lavender Hill—in January, 1896, I saw this advertisement in the Daily Chronicle referring to the Bourse Finance Company, Bourse Buildings—I wrote, and got a reply, and then gave some instructions, and sent a cheque for £5 for a share in a syndicate which the Bourse Finance Company were forming at that time, as I understood—a little while afterwards I got, as the profit on that share, a cheque for £9, drawn by Morgan and Sachwell—that cheque was duly met—in March, 1896, I received a communication from the Bourse Finance Company, and I gave them instructions to purchase Midland Ordinary Stock—and sent £10—I received this letter, dated March, 1896, signed, "The Bourse Finance Company.—E.M."—acknowledging the receipt of £10, and including a contract note for the purchase of Midland Ordinary Stock, the £10 I sent was for cover—I received another letter, dated March 7th (Acknowledging receipt of cheque for £5, and stating that they had bought Mialands, and enclosed contract note)—that was in consequence of instructions from me to buy some further Midlands—I received this letter after the MidMarch account, showing my position, and a balance due to me of £8 1s. 5d., and asking me for £2 16s. 3d. as contango, at the rate of three-eigths percent.—I sent a cheque for £2 16s. 3d.—I received this letter, dated March 18th (Saying that Midlands had gone down, that they had covered his £500 one percent., thinking it quite right to follow the stock, and asking for cheque for £5)—I sent that cheque, and received an acknowledgment, signed "The Bourse Finance Company"—on March 30th I got this letter asking for £7 10s. as further cover on the purchase of the £500 and £250 Midlands—I sent that cheque, and received this acknowledgment (The letter added, that as he said he was short of ready cash, if he sent acceptance for £20 or £30 they would work the stock for him on obtaining his leave to do so, and should only charge him four percent, and a small commission.)—I gave them this acceptance for £25, payable three months after date at the London and County Bank, Clapham Junction—it was drawn to the order of Sachwell & Co., and endorsed Sachwell & Co.—it was presented at my bankers and met by me—in sending that, I gave instructions for the purchase of 500 more Midlands—this is the letter acknowledging mine (Stating that they had carried over the stock, and enclosed a statement; and that they had bought 500 more Midlands as per contract enclosed, and would buy mort as opportunity offered)—at the end of the month I got this account, and then I got the
other account up to April 17th—about that time I went to the office of the Bourse Finance Company, and saw Morgan and Sachwell—they both spoke about the Midland Stock, and gave me to understand that they had taken it up, and wanted me to provide more funds in order that they might carry on the transaction—in pursuance of that request I accepted this other bill for £25, payable to the order of, and endorsed, Sachwell p.p. Bourse Finance Company E. Morgan, manager—that bill was paid at its due date by me—in August, 1896, I got this letter, enclosing the account 10 date—(the letter stated that in order to save the contango, and kept the stock open, they had decided it would be better to take up the Midlands, and enclosed two bills for £25 each at four months, which they asked him to accept and return)—I accepted this bill for £25 at four months, drawn and endorsed by E. Morgan & Co.—I think it was taken up from the discounters by some cheques that Morgan obtained from a firm of Aylmer, money that was owing, and I think Morgan took it up—about September, 1896, Morgan came to me and told me he had left Sachwell, and he wanted some money—I asked him about the Midlands, and whether he had received the dividend—he said, "No," and he wanted me to accept another bill in order that he might make up the' amount of deposit in taking up this stock, as the original deposit was supposed to be 10 percent.—he brought this bill with him for £23 14s. 6d., dated September 25th, 1896, at three months, drawn by E. Morgan, and endorsed by E. Morgan and 8. A. Cobbett—I accepted, and afterwards paid it—on the same day, September 25th, I got this letter (Headed, "Care of Mr. Moor. Memorandum from 2, Pancras Lane, Queen Street," signed E. Morgan, and stating that the above was his address)—I had not heard of Moor before, or of that address—I went to 2, Pancras Lane, between September and December, and saw Moor and Morgan there—I had conversation with Moor in reference to my purchase; he said he did not know much about it, but that Morgan would make it all right with me, and act straightforward, and make all these transactions right at the "end—I went there several times; sometimes he told me Morgan was short of money—very often when I went I saw Moor, and Morgan came in sometimes when I was waiting—there was nothing on the door, but inside the door was a plate to direct you with the name Mercantile Investment and Trading Company, and F. R. Moor was also up in the lobby, I think—the office was one room on the top floor—in December, 1896, this bill for £26 14s. 6d. was sent me through the post by Morgan; I think it was filled up, but I cannot say—I accepted it—(This was a three months' bill, drawn by E. Morgan, and endorsed E. Morgan and S. A. Cobbett)—on January 13th, 1897, 'I received this letter from 2, Pancras Lane (Signed Morgan, and stating, that last night, when clearing his pocket of old papers, he had burnt Brook's bill, and that he now enclosed a new one, which he would please fill up and return)—this bill was enclosed—I believed the statements in the letter and accepted the bill (This was dated September 28th, 1896, at three months for £23 14s. 6d., and drawn and endorsed by E. Morgan)—I paid that at the due date—on December 26th, I think Moor called at my house, and said that Morgan wanted money, and he had brought a bill for me to accept; he wanted £50—I demurred a great deal, but at the end, on his assurances, I accepted it—he did not say
definitely what Moor wanted it for—it was for £50 drawn by Morgan, and at three months—Morgan sent it back to me after a little while, and it was cancelled—I accepted also this bill for £34 17s., drawn and endorsed by Moor & Co.—I said I would not accept another bill till I had the £50 bill back, and he sent it back, and I accepted another, which is this £34 17s. bill, I think—I did not notice the drawer—at the end of March or beginning of April in the next year, Morgan came to my house and asked to see me privately—I took him into my room, and he brought out a prospectus, and showed me this, I understood that he was forming the United Founds s' Company—he said he was getting together, I think, £500, and he had had this cheque of Evans handed to him, which he was not to use till he got the othrrs—he said Evans was a J.P., and gave me to understand that he was a man of means—I thought J.P.'s were men of position—he produced this cheque drawn by H. R. Evans on the Notting Hill Branch of the South Western Bank in favour of the United Founders' Company for £100, and dated April 27th, 1897—Morgan said he could not get the money for it till he had got the other huudreds—he asked me to keep it as security for a £50 Bill he wanted me to accept—he produced this blank bill, which he ultimately filled up for £45 (This was drawn and accepted by Morgan & Co. and accepted by Brook at three months—I accepted the bill after a long talk—he left the cheque with me, with this letter, after I demurred (The letter, dated April 29th, stated that in Consideration of Brook signing the acceptance for £45, Morgan deposited with him, on behalf of the United Founders, a clieque for £100)—I had seen the prospectus before I accepted the bill; I glanced at it—it was headed, "The United Founders Association, Limited, capital £10,000; among the directors were H. R. Evans, Esq., J.P., and Morgan, Esq.; offices, 2, Pnncras Lane; Secretary, F. Moor, Esq."—I did not notice there was no banker's name on it, or that the application for shares was to the Directors of the United Founders' Association, Limited—I gave my bill for £45—it has been presented by the firm of Messrs. Bode & Co., as discounters—I have not met it, and I am being sued on it by Messrs. Bode; the action is pending—when I gave that bill, I believed the cheque was a good one and that the United Founders' Association was all bona-fide; I took Morgan's word—after that date I wrote several letters to Morgan. (These were read: 4 letter of May 5th, 1897, stated that he was exceedingly disappointed at not receiving any cash according to promise; that he was in a most unsatisfactory condition, and wanted the Midland Stock cleared up, and complaining of the Defendants' treatment of him. Morgan's reply to this was dated May 7th; "Dear Sir, only just received your letter of the 5th, why this upsets will write you later." On May 8th Brook wrote that his liabilities he found were greater than he anticipated and that he wanted the last £50 for business purposes, and he had long ago given his orders to sell the Midlands; other letters followed begging the Defendants' to have respect for his feelings and anxiety, as his creditors were pressing him.) A bill for £25 referred to in those letters was one he had obtained from me a little while previously—I filled in a blank form, and later on he wrote and told me it was only £15 he had filled it in for—I then sent him another £10, and afterwards I found out it was not a £15 but
a £25 bill—I received a letter from Bodé & Co., and from Mr. Cobbets—this letter from Mr. Cobbett refers to the bill for £26 14s. 6d. which was supposed to be burnt, and of which I had given a duplicate—later on I went and saw Mr. Cobbett, the is no litigation between us now—altogether I have parted with about, £270—when I accepted these bills, other than the £45 bill and the een bought by got the Midland Stock; that it really existed and had been bought by him—I noticed the expression taken up, and contango was charged.
Cross-examined: MR. GEOGHEGAN. I had not known Aylmer before I knew Morgan, or Moor; it was after—Morgan did not introduce me to him—Aylmer speculated for me on the Stock Exchange—I know what speculating for differences means; those were my dealing with Aylmer—there have have been a great number of cheque transaction between me and Morgan—I am a loser by £270—I suppose some of those transaction later on were accommodation bills; I include those and everything, with the £270-after Morganhad told me he had burnt the bill for £26 14s. 6d. I found it was in Cobbett's hands; Morgan did not for £26 14s. 6d. I found it was in Cobbett's hands; Morgan did not tell me he had found it—he said he would hold me harmless as to it and I trusted to him—only one of those bills of and I trusted to him—only one of those bills of £26 14s. 6d. has been presented—I wrote to Cobbett and nothing more was done—I do not include the second bill for £26 14s. 6d. in the expeerience is my letters—I met one of those bills and no proceedings have been when against me in respect of the other; it has not been presented—I supposes it was in consequence of an arrangment between Cobbett and Morgan that the second one was not presented—I understand that the eight Count refers to a bill for £25 dated June 26th, 1896—two bills were given about that date, both for £25 Morgan told me in reference to the first of these that Sach well had the money—two of my bills—eachfor £25, being out, Morgan and I came to the arrangement that he should take up one and I the other, and that arrangement was carried out—I noticed that Evans' cheque for £100 was not endorsed out—that cheque has never been presented so far as I know—I called Morgant's attention to the fact that it was not endorsed—I understood they were endeavouring to raise £500 capital for the comepany—I kept Evans' cheque for £100—I did not present it, it was not endorsed and I hardly liked to pass it through my bank—Morgan said that Evans would not allow it to be used unless the £500 capital were raised—I understood from Morgan that the payment of that £100 cheque to the United Founders' Association was conditional on, the £500 being raised—he said something about my getting a bonus in the £500 was raised—I did not take much notice of it; I thought more of getting the money for my bill—I don't think that he told was that if the £500 capital were not raised he would have to return the cheque to Evans, exactly—he said he was not at liberty to use it—he said, "I have the cheque, but I am not at liberty to use it—he did not tell me who was going to find the other £400—after January, 1896, when I first saw the advertisement, there have been a good many transactions between me and Morgan, I don't think 100, or very nearly 100—reveiving cheques, paying cheques, giving bills, returning bills, and so forth, it might have been something like that.
Cross-examined by MR. STRONG. I had not seen Moor then—I first
saw him in 1896—I can't say the date—my only real connection with him was with the £50—I have had money to bet on in that transaction—I have nothing to complain of in that, because it was made right.
Re-examined. One of the two bills of £46 he paid through my bank—I had no knowledge of the existence of the other until I heard from Mr. Cobbett—this is the letter of April 20, 1897—that was my first intimation of the existence of that bill, I had no notice—I did not know what name was on the bill for £47—Morgan told me I could get the £100 bill endorsed, and he wrote a letter to me with his signature attached—he said I could get power to have it endorsed—this letter says, "I promise to pay back the £45, and also to get Moor's signature"—I noticed that Morgan and Moor were among the names of the company.
SIDNEY ALFRED COBBETT . I am secretary to a public company at 10, Blomfield Street, London Wall. In December last Morgan owed me about £200 in respect of dishonoured cheques which he had cashed two days before—in January last I asked him for payment—he called on me with this bill, No. 55 (produced,) dated December 28th, 1896, at three months, payable March 31st, 1897, for £26 14s. 6d., accepted by S. B. Brook—he said it was given him by Brook in business, and asked me to hold it as part security for the amount he owed me, which I did—I had previously taken bills of Morgan with Brook's name upon them which had been met—shortly after Morgan called again and asked me not to present the bill, and he would bring me the whole or the greater part of the money in a few days—he said that Mr. Brook did not wish it to go through his account—I waited a little while, but received nothing in respect of the bill, in consequence of which I wrote the letter identified by Brook before the adjournment—I had a letter from Brook in reply, dated April 20th, in consequence of which I sent a message to Morgan, and he called upon me—I showed him Brooke's letter (read)—" Dear Sir, I do not understand your letter or threats, kindly explain:" the bill mentioned was presented and paid on March 31st, by whom I do not know.—Morgan said, "Mr. Brook has made a, mistake; I will go down and see him to-morrow"—a few days after Morgan called again, and said Mr. Brook acknowledged his acceptance, and would make me a payment on account shortly—seme considerable time after Mr. Brooke called on me and made a statement—shortly after Morgan came, and I repeated his statement to him, that Mr. Brook told me that he had given a bill to Morgan for the same amount as the one Morgan had handed to me, and that Morgan had accidentally torn it up—that Morgan asked him to give him another acceptance, which he did, Morgan said, "Oh, that is absurd; Mr. Brook has told me the same, and that he has letters of mine in which I state so—I have asked him to produce them, and he has failed to do so"—in consequence of this I kept the bill—it has not been met, and I lost sight of the matter—the next I heard of Morgan was that he was in custody—the number of the letter of January 13th is 48, and the two bills are 49 and 55 (letter read,) "I did a clever thing to-day, or rather last night; I burnt your bill when clearing ncy pockets of some old papers."
£34 17s., dated December 5th, 1896 at three months—Moor brought it—it is endorsed by him—I discounted it for £27 17s.—It was presented at Brook's bank in due course and paid.
ROGER BODE I am a financial agent of 20, Great Winchester Street—I know the prisoners—Morgan first came to me and gave his address in Pancras Lane, and about June, 1896 he brought me this bill (produced) marked No. 53 for £45—I advanced him I think £32 on his cheque for £34, and this as collateral security—these are the two cheques I gave him for £15 and £17 respectively (produced)—they were cashed at my bank—his cheques were dishonoured—I kept the bill till maturity and then presented it for payment—it was returned marked" No advice—I am now sueing Mr. Brook—I wrote to Morgan about the bill, and called at his office a little while after and he said it would be all right—I only got part of the money of my cheques through another transaction—Moor has been to my office once or twice with Morgan—I understood them to be in business together—on one occasion Moor wanted me make him an advance of £5 or £6, and I said I could not do it.
ALFRED PRINCE . I live at 45, Crampton Street, Derby, and am clerk in the secretary's department of the Midland Railway—the stock prior to September last was the Midland Railway Company's Ordinary Consolidated Stock, when it was split into preferred and deferred—I have searched the register for the last five years, and have not found any stock held by the companies or associations referred to.
Cross-examined by MR. GEOGHEGAN. A bull and bear transaction would not appear in the books—that is simply dealing in stocks, and is not buying.
GEORGE MARCEL ANDRE . I am a theatrical manager of Buxton—about July 18th, I saw an advertisement in the Daily Telegraph, referring to the Founders' Association, Limited, 15, Craven Street—I wrote and received in reply this green circular (No. 1)—I then called at Craven Street, and saw Moor—I think he said he was secretary—he said the managing director was at Brighton—I told him I wanted an investment, and had seen their advertisement—he advised London and NorthWestern Deferred Stock, which he said I could purchase from him by paying a certain percentage—I asked him for a list of the board of directors—he said he had not got one, but would send me a complete Hat—he afterwards sent me a second document stating that the Company was limited, had been registered and established for several years, and had a capital of £10,000—he said it was a very influential board—he said they purchased stocks and held them for the purchasers, until they could take them up, provided the purchaser paid a certain amount down as a guarantee—I gave him a cheque for £80 in respect of £1,375 London and North-Western Deferred Stock, payable to the United Founders' Association, for which I received this receipt (No. 4) dated July 20th, 1897 [read]—a few days after I got a contract note (No. 5)—I also received letter No. 6, July 30th—" 15, Craven Street—Dear Sir: Herewith, please find contract note for purchase of £4,000 Brum. Deferred—E. Morgan, managing director."—I watched the stock—it went down—I instructed them to sell, and received this letter, (No. 7) in reply, enclosing contracts 8 and 9—I received a telegram asking me for a further cheque for £30, which I sent and received this receipt and this
bought note (No. 11) for Midland Deferred—that fluctuated—I waited for them to go up—I went to Craven street, and found the place closed—that was later than August—when I parted with my cheques for £80 and £30, I thought the United Founders' Association was a wellestablished affair, and the fact of their being "limited" and "incorporated," and I believed there was a Board of Directors.
Cross-examined by MR. GEOGHEGAN." Cover" means a kind of deposit, and I thought they were going to buy the shares—I wanted an investment—what I said at the police-court is correct. "If the Association had purchased the shares there would be no necessity to carry over—they should ask me for more cover"—I never asked them to carry over; but they may have written to me about it—I sent them the £30 for that purpose—I was a theatrical manager travelling about the country in August—I was in Bootle on August 23rd—I never received this letter from them: "Dear Sir, we are in receipt of your card of the 22nd and note your address at Post Office, Bootle, Lancashire. We also note you write us to carry over your Midland Deferred Stock"—I stayed at Bootle two or three days, but I wrote them with my address telling them to write—this card is in my handwriting [read] "Post Office, Bootle, Lancashire—Gentlemen, kindly note my address as above until Wednesday morning, and afterwards Buxton Hydro, Buxton—Of course you will kindly carry over my Midland Deferred to next account"—I have not the slightest recollection of that—the £80 cover was for £4,000 deferred Brum—that is two percent.—they told me afterwards that £30 of the cover had run off because the stock had dropped—when they wrote to me they enclosed the official list of the Stock Exchange, showing that Brum Deferred had dropped two percent.—that would leave £50 in their hands, and thereupon I sent them a cheque for £30, so that at the time the Brum was transferred to the Midland Deferred they had in their possession £80—I noticed the market price of the Midland Deferred at that time was between 94 and 95—between August and October I think they dropped below 92, so that the whole of my cover had dropped off, but I never heard from them asking for more cover—they dropped to 90—I don't know what they have risen to now, I have no more interest in them—I received no balance of account from them—the defendants said they were willing to undertake business for me provided I gave them sufficient cover to cover the risk—I know on an ordinary Stock Exchange transaction, if the cover runs off, no communication takes place between the broker and the client; but they told me they would not sell the shares without communicating with me—I did not read the prospectus before I parted with the first money—there may have been a misunderstanding.
Re-examined. I remember getting this letter of August 4th—" We are in receipt of your postal card, and note your change of address," &c.—it was that letter which induced me to make the exchange—I noticed in one of the circulars that the Founders' Asssociation advanced at four percent.; that was the novelty.
GEORGE PERFECT . I am a clerk in the National Provincial Bank of England, 112, Bishopsgate Street, E.C., which registers the stock conversions of the London and North-Western Railway, commonly known as Brum Deferred Stock—I do not find the transfer of stock into any of the names given in this case.
JOSEPH ALFRED HEWICK . I am a grocer, of 76, George Street, Camber well—on August 16th I saw this advertisement in the Daily Telegraph, "Idle Money.—The United Founders'Association invite the attention of investors to unique and safe system of investment, yielding from 10 to 25 percent. No gambling. Absolute security.—15, Craven Street, Strand"—also this advertisement in the same column, "Advances immediately made at four percent per annum on all kinds of stock, shares, bonds, and other securities.—15, Craven Street, Charing Cross"—I called and saw Moor—I told him I wanted an advance of £100 on a £150 bond in Young's Paraffin Oil Company, Limited, Six percent.—he said no doubt they could do it, and asked if I had the bond with me—I had not—I said I wanted to repay it by monthly instalments during two years—the bond was at my bank, the Birkbeck, to cover an overdraft of £20—he then gave me this letter (H)—" August 16th.—Dear Sir,—Referring to your call, the loan can, no doubt, be arranged. I will bring the matter before my co-directors to-morrow, and be prepared to discuss final terms with you to-morrow afternoon, &c.—F. R. MOOR, Managing Director"—I went the next day with a friend, Mr. Daly—I saw Moor—Morgan came in, and Moor introduced him as "my co-director," or "another member of our Board"—I don't think he mentioned his name—Morgan asked for some particulars, which I gave—I produced the balance-sheet of Young's Paraffin Oil Company, the prospectus, and last dividend warrant—Morgan looked at them, and, I think, said, "The best thing we can do is to see the bond and transact the business"—and some terms were gone into as to payment and conditions—and a document was then prepared and signed by Moor—Morgan drew a cheque for £20, signed, I believe, by both prisoners (produced)—it was cashed, and Morgan went with me to the Birkbeck Bank and redeemed the bond, which was handed to Morgan—this is the receipt for the security (produced) which was drawn up in their office—I signed the deed of transfer in blank (L)—I said I should like to see the name of the party on it to whom I was transferring the security, and also the consideration—Morgan said it was not necessary—I signed a second transfer after my deeds were got from the bank, as they said it was wrong—a cheque for £80 was also drawn before I went to the bank, which Morgan, in the presence of Moor, asked me to keep till the following Thursday—I said, "Well, I will see"—I left the bank and went down Chancery Lane, and feeling rather doubtful about it, I went back to the Birkbeck and paid it in—I usually went to the bank about twice a week, and on Thursday I called to see if it had gone through, and the cashier told me it had been returned—I asked him to present it again—I wrote to the prisoners' office, and Mr. Daly called there for me, and the cheque was returned three times, and my bankers preferred to have nothing more to do with it—I never got any part of that money—I saw my security at the'police-court, when it was produced by Cobbett.
Cross-examined. I did not give the names of the directors on the prospectus any consideration—Morgan suggested giving me a postdated cheque, which I declined—I did not agree to keep the cheque back till Thursday—I told them I would consider it, or words to that effect—I daresay I swore at the police-court, "They told me not to present the
cheque until Thursday; I agreed to hold the cheque till Thursday; as a matter of fact I paid the cheque into my bank the same day I received it"—it must be true—I was pressed for money—they said I had grossly exaggerated the value of the debenture bond—I never said I had a New Zealand security—I have held New Zealand stock—I told them I was a holder of various shares—I think I tried once before to raise money on the Paraffin bond at the London and Westminster Discount Company—I do not know that the interest was 20 percent.—I could not put my hand on any official list in which the stock was quoted—to say it was quoted at 21s. per £1 share would be untrue—this is my letter, "My Dear Sir, Will your Directors be good enough to re-consider what would be the largest they would advance me on £150 six percent. B Mortgage Debenture Bonds, the particulars of which you have in hand," &c.—"P.S. I can obtain an advance from my bankers on £150 six percent. Mortgage Debenture Bonds."—I daresay I could—I never asked my banker to advance me £100 on them—I considered the security good enough—"I want the aivance to be paid by monthly instalments, the quotations for them will be found in the Glasgow Herald at 21s. for a £1 bond—those quotations were in the Glasgow Herald, and I believed them to be the quotations of the bonds, until I was corrected—I wrote to the Company to know if they were quoted, and I think the answer was they were not—that was before I had seen Morgan—I said this at the police-court. "I received a letter from the prisoners complaining that I had misled them as to the value of the security—I do not know where the letter is—I am afraid it has been mislaid"—I have found the letter—" August 24th, 1897, from the United Founders' Association, Limited, 15, Craven Street, Strand, London, W.C.—We are very much surprised to find, on enquiry, that you have broken faith with in regard to the cheque handed to you on certain express conditions—we had, however, taken the precaution to protect ourselves—as you are no doubt aware the securities are nothing like the value you represent them to be"—I did not mislead them—I told them, they were worth £150—I cannot say that it is the market value of them—they wrote me on the 18th that I had not executed a proper transfer, and I went there—they never mentioned the value—they did not write me to hold over the cheque till the 24th—I would not swear they did not—they never gave as a reason that they did not find the securities quoted, and had to make enquiries—I have not been told that if I repay the £20 I can have my security back.
By the JURY. I have held the securities for two half-years, bufc only during the second half-year has the full amount of six percent, been paid—I have had them since allotment.
Re-examined. They were allotted to me at par, so I paid £150 for them—I was very much in want of money in August—I went to the London and Westminster Discount Bank through seeing an advertisement when my over draught was existing at the Birkbeck—I think I saw Mr. Hills—I wanted £100—I do not know whether I named more or less—I filled up the form and told them about my security—I do not know what the interest was to be—I think they said they wanted one or two sureties—I thought it absurd to deposit a security of that nature and then for them to want two personal securities, so I let the matter fall through—there was no arrangement that I was to pay 20 per cent.—there
were stocks quoted in the Glasgow Herald which I mistook for mine—" Young's Paraffin "was quoted at 21s.
SIDNEY ALFRED COBBETT re-examined. I knew Morgan for some time before this year—he came to me on August 16th—he produced Bankers' receipts lor payment and letters of allotment in respect of the mortgage debenture—he asked me if I could make an advance on them of £6—I said, "I must enquire of my broker as to their value"—I think that must have been on the 14th—I made enquiry and advanced him the £6 by cheque—he asked me to sell the securities, and I instructed my broker, and on August 26th he sold the debenture bond for £106 10g., and after deducting his charges there was placed to my credit £106 1s. 6d.—deducting the £6, and a further advance to him of £4, it left £96 1s. 6d.—I could not deliver the bond as the magistrate at Bow Street impounded it, and I had to purchase another, which I delivered—I did not see Morgan again.
Cross-examined. I sold and bought £150 on the Stock Exchange—I am prepared to deliver the bond back on payment of the loan and the difference—I believe the bond was sold before I received a telegram from Morgan—I also had a message by a District Messenger boy not to sell—I think that was on the 26th—when I consulted my brokers, they told me there was no quotation on the English market for them, and that they would have to telegraph to the Glasgow Exchange—the negotiations went on for some time before the sale was effected.
Friday, November 26th.
JOHN BERNARD DALY . I am a commercial traveller of 133, Peckhain Road, in the service of Mr. Hewick, one of the prosecutors—on August 17th I went with him to 17, Craven Street, Strand—I was present at an interview he had first with Moor and afterwards with both the prisonersMorgan handed a prospectus to Mr. Hewick of the United Founders' Association—I believe it was on the 17th—I went again on August 26th alone with regard to an £80 cheque which had been dishonoured, and told Moor I was very anxious for the cheque to be passed through, as one week had passed—he seemed anxious, but I could get no further information—we had a conversation for five or ten minutes, but I could get no promise from him as to the time the cheque would be met—he said nothing about the securities Mr. Hewick had deposited with him—the cheque had been presented twice, and dishonoured at the date of that interview.
Cross-examined by MR. GEOGHEGAN. I heard Mr. Hewick promise to hold the cheque over for two or three days, and on the same day he told me he had broken his promise and paid it in—I was waiting here as a witness yesterday, I left the Court with Mr. Hewick; he told me that' he had been examined—it was a few days afterwards that he told me he had broken his word and paid the cheque in—nothing was said about New Zealand Stock; he told me he had been asked that question.
HARRY EDWARD HALE . I am an outfitter, of 40, High Holborn—I knew Moor some years ago for some years, and I knew him two years previous to this—on July 6th he brought me this cheque for £6, cash or bearer, signed E. Morgan, and dated July 6th, on the London Trading Company, Coleman Street, and asked me if I would oblige by changing it—I asked him if he knew the drawer—he said yes, and he-was a
thoroughly reliable man and one of the bank owners, and that there would be no risk—I believed him and gave him £6 for it; he endorsed it—I had suspicious about it on the same day, and paid it into the bank with instructions to collect it—it came back at mid-day on the 7th unpaid, and on the morning of the 3th I received this letter from Moor—"Dear Mr. Hale,—Don't use the cheque, I have transferred my account. C. Morgan"—On July 8th I went to the office of the United Founders' Association and saw Moor—I told him the cheque had been dishonoured—he said that Mr. Morgan had transferred his account, and he would get another cheque, I said, I did not think so as it had been paid in so quickly—I did noo get any cheque—on July 9th I returned to Craven Street and saw Moor and Morgan—I had never seen Moore before—I said "Morgan has not sent the cheque to Mr. Hale"—Moor said the money would be sent to him, and he was sorry that be had given me so much trouble—I left, and called the next day, and saw both the prisoners—I told Moor I had called for cash for the cheque—he advised me to write a threatening letter—Morgan received that with pleasure—I sat down and wrote a threatening letter in the presence of both of them—Moor said he would take it to the city and get Morgan to give him the money—I rather think Moor addressed it to Morgan—I came again on July 12th, and saw Moor, I do not think Morgan was there—I suggested fco Moor that he should pay it himself—he said if he did, he was afraid he should not get the money out of Morgan.
Cross-examined by MR. STRONG. I have known Moor for two or three years—he represented a firm as traveller, and T believe he had led an honourable life up to that time—it was not through my believing him honest that I lent him £6—he bore a good character up to 12 months ago.
FREDERICK FRANCIS LOVEGROVE . I am a cierk in the London and Midland Bank, Charing Cross Branch—I produce a certified copy of the United Founders' Association account—it was opened on July 22nd, by paying £10 in, and it was open till August 27th—within that time £230 was paidin, and £218 was drawn out—it is headed" London and Midland Bank, Chacing Cross Branch, Francis Moor and Edward Morgan, United Founders' Association"—on the morning of August 17th the credit balance was £60 Os. 5d., and on the 18th £34 12s. 11d.—A cheque drawn on August 17th and crossed, would not reach our bank till the morning of the 18th—on August 19th a cheque given to Mr. He wick for £80 came forward for payment and was returned dishonoured, marked, "Refer to drawer"—they never had a balance of £80—it was made up of a cheque for £30 which turned out worthless, and the balance on the 18th was only £4 12s. 11d.—Morgan's private account, which was opened on June 25th, 1897, and went down to August, was closed with a credit balance of 7s. 6d. There was a credit on July 30th of £80—on August 17th and 18th Morgan's balance was 17s. on the credit side.
HENRY ARCHIBALD SMITH . I am a clerk in the London Trading Bank, Coleman Street—Morgan kept an account there in the name of Morgan—I produce a certified copy of it it was opened on July 4th, 1896, and it became dormant in July, 1897—the credit then was £4 9s. 3d.—at that time there was a bill due to us for £25 accepted by Mr. Brook, for which we had as security a promissory note signed by Morgan and
Mr. Mathews for £25—I believe Mathews to be the prisoner Moor, as I had seen him in the bank as Mathews—that promissory note has not been met by them—if that bill were debited against them there would be a debit balance on the account of £15 14s. 10d.—on July 6th, 1897, there was a credit balance of £7 5s. 2d.—we had a lien upon it—on July 7th there was £9 5s. 2d. to credit and there was still the same lien—here is an entry on July 7th, "Moor £9 17s. 6d." and a payment of £9 17s. 6d. on the other side, so that was a cheque drawn by Morgan and paid by him into his own account—we debited him with it afterwards, it is a cross entry and the account was not affected by it—I find payments out to Moor on June 1st £3 10s., June 2nd £3 10s., June 18th £25 5s—this is a certified extract from Morgan's account of cheques returned which we have paid.
Cross-examined by MR. GEOGHKGAN. I believe Morgan is one of our shareholders—I cannot tell you whether all these cheques have been honoured—I do not know every shareholder, but I believe Morgan was one—I believe he held five shares—the payments in 1896 were £4,918 and the balance at the end of the year was £10 12s. 7d.—this is Morgan's pass-book—The payments to the end of the year are £2,290 14s.—the account is still open practically—this (produced) is our Secretary's signature—the bank had a lien on this account for any balance—it was arranged that Morgan should not draw below £5, he had to keep £5 in the account—at the beginning of July we found a balance of £8 6s. 10d.—Up to July 5th the balance plus the payments, amounted to £39 17s. 2d., and out £29 12s.—£6 was paid in on the 6th, which, with the £7 would be £13, but there was a further £2 10s.—the arrangement was to keep the lien of £5 on one bill, but the second bill made the lien £7 10s.—there was not enough to meet the cheque by 4s. 10d.—the bank might have honoured that—the £20 bill has been met—I believe there was a credit of £32, but not on Morgan's account, we held that for Moor—it was a verbal agreement.
Re-examined. The cashiers have to inform themselves of any lien—I should not have cashed it if it had been presented that morning—On July 1st £18 10s. 10d. cash was paid in—this is the agreement by Morgan not to draw the balance below £5—it is stamped—we had charges on a debt due to Mr. Mathews, £70 odd; we had that sent to us last week, and the balance was set on one side—there is a charge for overdrafts. Mr. Brooke's bill was returned, and that created an overdraft, and we charged commission on it—Morgan still holds his five shares, but they are not fully paid up.
By MR. GEOGHEGAN. You cannot hold shares without paying the calls—the calls are debited to his account—calls have been made up to £2 10s.
GEORGE INGLIS BOYLE . I am a clerk in the London Provincial Bank, Harringay Branch—I produce the account of Francis Robert Moor, which was opened on June 17th and closed on July 28th, when there was a balance of 4d. against him—for the whole of June the payments in were £181 8s. 2d., and out £149 8s. 4d.—I find two cheques in favour of Morgan in June, one for £5 and one for £15 odd—in July there was another of £11 4s. 6d., which practically exhausted the account.
Bank, Netting Hill Branch—Henry Russel Evans opened an account there in 1892 and closed it in 1896, at the request of the Bank—this is his cheque for £100—he had no right to draw that—I find his signature, H. Russel Evans, in our letter book.
Cross-examined by MR. GEOGHEGAN. I have got a copy of the account—we require two introductions before we take a customer, and we had two before Mr. Evans' account was opened—I do not know whether those were customers of the bank—the £100 cheque was never presented.
HARRY FREDERICK CHITOCK . I am a clerk at Somerset House—I produce the file of the United Founders' Association, Limited, which was registered in June, 1896, with a nominal capital of £10,000, in 10,000 £1 shares—the statement is signed George Lund, Secretary—on July 22nd, 1897, a statement was filed showing that there were eight shareholders, seven of whom signed the original articles, and the additional one is F. R. Moor, Craven Street, Strand, the holder of the 1,000 shares—the usual statutory meeting was held—there is no return of it—it is the duty to do so—Moor's address was originally 16, Victoria Street.
GEORGR KENNING . I am proprietor of the Freemason newspaper, 16, Great Queen Street—this newspaper article (producea) was not written by me or by any member of my staff—I am told it is an advertisement—personaly I had nothing to do with the paper, it is headed" Masonic and General," and states that the prospectus is lying before me—I know nothing of that.
By the COURT. I had nothing to do with the puffing advertisement being put in this way and I do not know how it was done—my manager supplied 200 copies to the United Founders' Association—I do not see in this document (produced) a commission of 10s. to a man named Evans for getting that order, I have not seen it before—I was at the police-court but did not see it there—this is an order to insert the paragraph "Bearer is authorised to receive any commission, T. H. Evans"—I have no doubt that Evans received a commission of 10s.—my manager was paying 10s. commission to insert a puffing paper what was not marked "Advertisement"—that was very improper. (This paragraph set out the advantages of the United Founders' Association, Limited, capital £20,000, and stating that it was paying satisfactory dividends.)
ARTHUR MELBOURNE . I am clerk to Mr. Kenning of 16, Great Queen Street—I know T H. Evans—I do not know whether he is a canvasser, I only know him as bringing advertisements for us—he used to describe himself as a journeyman—he brought this paper and it was printed in the journal—I got this other paper from E. Morgan at the same time, "Sir, You may send 200 copies of your paper containing notice of our business"—those copies were supplied—it is a threepenny paper—this is the bill for 200 copies, charged £2 10s.—that has not been paid—Mr. Evans got 10s.
Cross-examined by MR. GEOGHEGAN. We did not put "Advt." at the end, because it was stipulated that it should not be put—I agreed to that—this was an exceptional one—nobody criticises the advertisements—our usual charge is five shillings per inch for advertisements pure and simple—there is not a charge for advertisements like this; it depends upon the number of copies—I saw what the copy would imke, and suggested the price—I saw it before it was set up in type—the copy was
written by Evans, the gentleman who brought orders, and to whom I gave the commission—he has not brought advertisements frequently before—we did not put it in leaded type—this is the first we have put in without "Advt."—I was assured that it was a bond fide business, and I put it in, believing it was all right—the final proof is revised by the editor, but there was not time—I took something out—I am not sub-editor, I am manager—it was not an honest thing to put it in.
By the JURY. I have been in Mr. Kenning's employ 11 years—I have had general experience in managing newspapers—I know that papers insert outtings freely if sent to them; but I made a mistake in this case, no doubt.
FREDERICK TOLLEY . I am a solicitor, of 2, Pancras Lane—that is within 50 yards of Queen Victoria Street—you cannot get through from one to the other; they are separate buildings—I act occasionally for the landlord of the premises—about August, 1896, Moor came to me, I had a third floor to let, and he said he wanted an office for electrical fittings—I asked for a reference, and he gave me Satchvall and Morgan—I communicated with them, and received this from Morgan: "I have known Mr. Moor for some years as a respectable man; he is well able to pay the rent"—I let the room to Moor at £26 a year—" F. R. Moor" was put up on the office door, and below "Mercantile Trading and Invesment Company" on the door-post, and a little later the "United Founders, Limited" went up—the Christmas rent was paid, and the Lady Day—the premises were vacated just before the June quarter without any notice—I never got the Midsummer quarter—I recognize Morgan—I asked him when he was leaving whether he had any explanation to give, he said, "No."
Cross-examined by MR. STRONG. The rent was not due—after Moor had been there some time, he said something about starting an incandescent gas office.
By the COURT. I had to distrain for the Lady Day rent, and on June 11th I saw the furniture going out—the June rent was never paid.
JAMES WILSON . I am clerk to Giddy & Giddy, of 4, Waterloo Place, and have the letting of 16, Craven Street—in March, 1897, Captain Lund came to me at 2, Pancras Lane—I wrote a letter to him, and got this answer, "Captain Lund will call on you to-morrow and arrange about taking the office, F. Moor"—on May 5th I saw Captain Lund and he took the rooms at 16, Craven Street—he referred to H. R. Evans, J.P., and to Morgan and Moor—I wrote and got this letter from Mr. Evans, "I have known Mr. Land several years, he will prove an excellent tenant"—I also received this, "May 31st, Dear Sir, The gentlemen you mention are quite able to pay the rent you state, Morgan and Moor"—the agreement was drawn up, the rent was £50 a year, payable quarterly—I went there with the agreement and saw Captain Lund, and the two prisoners: Lund executed the agreement, and it was witnessed by Evans, 2, Pancras Lane, J.P.—the midsummer rent was paid the day before yesterday in coin by George W. Lund at the landlord's office—Mr. Lund was at Craven Street the day before yesterday—I did not let it to the United Founders', but to Captain Lund.
to Craven Street, saw the two prisoners and applied for the situation of typewriter—I was engaged at £65 a year—Morgan told me later on that I might have some book-keeping to do—I began on July 17th—besides the two prisoners, two gentlemen used to come in the day-time, Mr. Russell Evans and Captain Lund, and there was an office-boy—my duties were typewriting and correspondence upon stocks and shares—the letters were dictated to me, and the names to write to were given to me—both the prisoners dictated to me at times—I wrote many of these typewritten letters, a dozen or so a day—circulars were sent out separately from the letters—I knew that I was in the office of the United Founders' Associa-tion—there were some little green cards like these, I see on this one John William Campbell, Bart.—they were kept in the office, but not sent out—I never saw him to my knowledge—I have not seen Colonel Harvey, Mr. Evans, or Captain Lund here—I saw no account books in the office, only letter books—the prisoners used to be in the office every day—I got my propers alary and left—I know Moor's writing, this exhibit No. 51 is his, and the endorsement also.
Cross-examined by MR. GEOGHEGAN. I was there up to the time of the arrest—I was paid up to August 17th, but not afterwards—I have been promised the rest—I was paid monthly.
JAMES STOCKLEY (Dectective Sergeant). On August 27th I went to 15, Craven Street and saw Moor in a back office—I asked him for Mr. Morgan, he said that he was engaged in the next room—I looked in the front room and saw Morgan; I said, "Are you Mr. Morgan?" he said, "Yes." I told him I was a police-officer and should take them to the police-court on a charge of fraud—Moor said, "The matter can be explained, the thing is worthless." They were taken to the station and Moor said, "I parted with the bonds to Mr. Cobbett." I found at 15, Craven Street a large quantity of these printed documents. Some were ready to put into foolscap envelopes; also a packet of newspaper cuttings refering to the Founders' Company and the Finance Company, a cheque on the Union Bank, three letters for Mr. Hewick, and some typewritten circulars on "How to employ idle money," similar to these—also these respecting the London and North-Western Deferred and Midland Deferred, showing how to make money by them—I also found a cash book, a ledger and two journals; the last entry is 1890—there are no entries in the other book—there was a share certificate book showing that numbers 1 to 10 had been used—they relate to 300 shares each one of which was to Morgan—the counterfoils are not properly filled in—I also found some envelopes addressed and some stamped—I found in the office a bond for 100 dollars and a great many letters which had passed through the post, and a great many of them were to Moor—I think I have read nearly all of them—I found documents against both prisoners in the County Court, and in the High Court proceedings against Morgan, also four letter-books, and a letter signed H. Russell Evans—200 copies of the Finance Company and two accounts of a firm of stockbrokers—I have never seen Captain Lund—I have seen Mr. G. W. Lund—I have not seen Mr. H. Russell Evans, I have tried to see him, I have not got a warrant for bis arrest.
Cross-examined by MR. STRONG. The letters I have put in only refer up to 1890—that was long prior to Moor's connection with the company—he was employed at a salary.
Witnesses for the Defence.
GASCOIGNE ALBERT SPOKES . I am in the service of the District Messenger Company, 60, Queen Victoria Street—I delivered a letter from Morgan, of Charing Cross, to Mr. Cobbett, on August 24th—I produce a receipt dated the 24th.
Cross-examined by MR. BODKIN. I did not read the inside of the letter—the manager made the date—(The date appeared to have been altered, and the witness was directed to send for the books of the Company)—there are messenger boys there all night, but this was in the early morning—the manager gives me this yellow ticket.
WILLIAM HENRY THOMAS . I have been clerk for five or six years to Mr. Grosvenor, an outside stock broker, of 47, Mcorgate Street—a cover transaction means, a man opens a transaction for £150 and has cover, and if it goes down to £149 he looses £1—there is not, as a rule, any commission or brokerage on a cover account.
Cross-examined. If a person gives an order to buy certain Stock, and then gets a contract note, that implies that the stock is bought—supposing there is a contango, and it is carried on to another account, that does not imply that it has been bought—if it is a speculation he pays a rate for contango to carry it over, but that has nothing to do with cover—if he gets a contract sold note, that represents that the Stock has been sold but not delivered.
WILLIAM FREDERIC TEMPLE . I am superintendent of the District Messengers' Company—if you want to send a letter to the Temple, I have a boy waiting; you give it to me, and I give the boy a ticket and enter the day of the month, the boy brings the ticket back receipted and an entry is made in the office on a sheet—I have got press copies—I find on August 24th an entry of a letter addressed by Mr. Morgan to Mr. Cobbett, of 10, Bloomfield Street—Spoke's number is 639—I have no doubt that that letter went on August 24th—our dates are sometimes corrected if they are wrong—this date has undoubtedly been a 3—it is written under a 4—it has been altered from 23 to 24 by the sergeant of the Company—he would know about it by being told when it was brought back—I should compare it with the sheet—the sergeant would make out the sheet—I should say that the sheet is the most correct, but the entry would be made when it was handed in.
Cross-examined. I can see that the entry refers to that number by the time—this certainly looks as if it had been 13—I don't think it has been altered from 13; it has been altered from 23 to 24—if a ticket had been handed in on the 13th, representing that a letter had been taken in on the 18th, the 13th would appear in the margin—that is, at the office—it left at 9.45, and returned at 10.10.
Re-examined. I came back from my holiday on the Saturday previous to the 24th—Mr. Morgan spoke to me, that was the first time I saw him—he handed me the message—I. saw the ticket made out—he did not say, "I have made-a mistake"—I had a letter from him on the Friday, a fortnight ago, which is destroyed—it asked if I could say whether I had a letter for Mr. Cobbett—that was not from the solicitor, but I sent the answer to the solicitor.
MR. COBBETT. I got a letter from Morgan, asking me to advance money on the debentures—I told him clearly that I would not advance
any money on them unless he let me have them, which he did—he then took the money.
Cross-examined. I do not remember meeting this man in Craven Street on Monday 23rd—I have a clerk named A. Beckett—this is his writing—I got a letter from Morgan, on or about the 24th—it was left by a messenger—I had several letters by the District Messengers—the date on the ticket appears to be altered—I do not know whether I had a letter on the 13th.
WILLIAM FREDERICK TEMPLE re-examined. I sent a letter to Coleman Street—it was addressed to the defendant's solicitor, in which they say that I remember sending a letter from Mr. Morgan on the 24th—I produce the sheets of the 13th—I do not remember sending a letter on that day, I only know it by referring to the sheets—I looked at the sheets on that day—I cannot account for the date being altered—I am certain that the letter was sent on the 24th; but I cannot nay if it has been altered from the 13th to the 24th. GUILTY —Sergeant Stockley stated that there had been many complaint against Morgan.—MORGAN Five Years' Penal Servitude. MOOR, recommended to mercy by the JURY , Fourteen Months' Hard Labour.
NEW COURT.—Thursday, November 25th, and
THIRD COURT, Friday, November 26th, 1897.
Before Mr. Common Serjeant.
40. JAMES HENRY IRVINE CROOKSHANK (43) , PLEADED GUILTY to unlawfully obtaining goods on credit to the value of over £20, he being an undischarged bankrupt, also to eight charges of obtaining money by false pretences. (Mr. Grain, for the prosecution, stated that the prisoner had obtained from several ladies sums amounting to £6,000.)— Eight Years' Penal Servitude.
41. EDWIN TALMADGE (43) to stealing while employed in the Post Office, a post letter, containing postal orders for 20s. and 15s., and 12 postage stamps, the property of H. M. Postmaster-General.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
42. HERBERT KRAHN (33), ARTHUR HENRY ALFORD (26), HENRY BENJAMIN REEKIE, Conspiring together to obtain valuable securities and money with intent to defraud. Other Counts—For unlawfully obtaining money by false pretences.
KRAHN PLEADED GUILTY to the Counts for false pretences. Judgment respited.
MR. CHARLES MATHEWS and MR. MUIR prosecuted. MR. GRAIN appeared for Reekie and MR. PURCELL for Alford, MR. PURCELL stated that under his advice Alford would plead guilty to the 22nd Count, and Afford having stated in the hearing of the JURY that he was guilty of Conspiracy, the JURY found him GUILTY on the 22nd Count.
WILLIAM JOSEPH HAROLD . I live at Dartford in Kent—I was formerly assistant to Pearson & Co., 15 and 16, Cree-church Lane—I left their employment in October 1896—they first printed some documents for Allen & Alanger, which I delivered at 181, Queen Victoria Street, to the prisoner Krahn, who I then knew as Thompson—we also printed some circulars for William Thompson & Co., of the same address—I
this is one of them I think—we had several proofs—the English circulars were not paid for—those of Allen & Alanger were printed in German.
ARTHUR SMITH . I am a printer, of 145, Upper Thames Street—I know Krahn by the name of Leonard—I printed for him exhibits 134 to 146—they are in the name of The Co-operative Traders' Association, 68, Great Tower Street—we printed them in the name of Harrison—I addressed Krahn occasionally as Harrison and he made no objection—I believe we printed those documents in October and November, 1896—we printed documents 147 to 158 for Burrows & Co., that is Reekie, between November 21st, 1896, and March 31st, 1897—these (produced) are copies of our invoices—I saw Reekie on half-a-dozen occasions—he was not always alone, but when he was alone he gave intructions about the printing, when he was not alone Krahn was with him—when Krahn was there the name of Burrows was mentioned—on one occasion Krahn said to me—"Has Burrows paid you your little account?"—I said" No"—it was eventually paid by Krahn, the part that was due—the whole transaction was partly paid by Krahn and partly by Reekie—I believe Reekie paid cash—the circulars were delivered at St. Dunstan's Hill—I also printed documents 159 to 175, bearing the name of William Leonard & Co., 181, Queen Victoria Street—there is also in the bundle a prospectus of the South London Coaling Works and a Klondyke Syndicate—they were printed for Krahn, and delivered at 181, Queen Victoria Street—I also printed for Krahn two copies of the Financial Telegraph, Nos. 1 and 8—that is registered as a newspaper—those are all the numbers I printed—I also printed a proof of the Financial Expositor—I have not got a copy of it, I sent it to him—I printed on April 2nd this document, No. 89, an application for shares with press opinions on the back for Krahn—the name of William Leonard & Co. is on it—I also printed Nos. 176 to 184, they have the name of Percy Seymour & Co., Effingbain House, Arundel Street, Strand, on them: for Alford who gave the order as Seymour—that was between July 15th and August 27th, 1897—the last bundle, No 183, which is dated August 27th, shows on the front page the recent profit from April 9th to July 29th—I printed no documents for Percy Seymour before July 15th—I have never heard of them—they were delivered at 181, Queen Victoria Street, not 171; at the office of Leonard & Co.
Cross-examined by MR. GRAIN. To the best of my belief I first saw Reekie at the begining of December, 1896, or thereabouts—as far as I remember Krahn was with him—that was at my printing house—Reekie joined in the conversation with Krahn—I believe he spoke during the interview—I cannot remember what he said, but it had reference to the circulars—Krahn introduced him to me on that occasion—I believe he spoke upon the subject matter discussed between me and Krahn—Krahn gave me the directions where to send the circulars at the first onset—I cannot say whether Krahn produced on that occasion the draft in writing for me to print—I do not know whether it was in writing—he brought me something which I was to print, and handed it to me, and said, "I have brought you another customer, and I want you to do this printing for him" and then he went on giving directions about the printing—he directed me to send them to Burrows—I knew Krahn and I trusted
him—I did not believe they were for him—he always paid for his work, and I thought anybody he introduced would pay—I saw Reekie in the body of the Court at the Guildhall Justice Room on the 31st—I did not know that he was under subpoena to appear as a witness for the prosecution—I saw Reekie about half-a-dozen times after his introduction by Krahn, and about three times at my office, and on those occasions he told me he was coming for the printed circulars for himself—there were other orders—he came about these papers—I cannot pick out any of them, because I am not always in the office—I am not prepared to pick out one single item which I say I printed for him, but I will swear there was one—he gave orders to print personally with the first order—if I was at my office I could pick out documents which I received as orders to print, because I should see my own writing—I can do it to-morrow morning.
Re-examined. When Reekie came alone I addressed him as Burrows—he took no exception to that—that is the only name under which I knew him—I sent the account in for Mr. Burrows who paid part of it, and Mr. Krahn the other part—I was called as a witness before the Magistrate, and gave evidence about the Burrows document—Reekie was in Court, and I pointed him out—I was recalled and I gave evidence a second time—Reekie was then a defendant having been arrested in the mean time.
EDWARD JOHN FRIKER . I am a printer of Enville Road, Walworth, I was formerly foreman to Mr. White, a printer, of Queen Victoria Street, in the game building as Mr. White, next door to him—I knew him at first as William Thompson, and afterwards as William Leonard—I took the orders and superintended the printing—I printed Nos. 14, 16, 20, 23, 30, 31, 52, 53, 68, 70, 75 to 80, 84, 86, 96, 125, 126, those are all circulars of William Leonard & Co. of the same address, except Nos. 31 and 125—126 is my printing—I printed 4,000 each of 84 and 86 on August 20th, 1897.
WALTER BOLD . I am a printer of 14, George Street, Mansion House—I printed some documents for Spencer, Dickenson & Co. of 9, Harp Lane—Nos. 193 to 203 are ours, Reekie gave them to me to print; it was all paid by him, partly by cheque signed by him and partly by cash—when I was before' the Magistrate I saw him in the body of the Court, and pointed him out—I was called subsequently when he was in the dock—I believe he was alone when he gave me the instructions.
Cross-examined. He was openly among the spectators in Court—I said before the Alderman, "I knew him as Mr. Reekie some time, and had every confidence in him"—I know now that he is a licensed waterman and a licensed victualler—when he came he did not lead me to believe that the circulars were for him or anybody else—I asked him if he knew who Spencer, Dickenson & Co. were, he did not say "No," he said that they were friends of his—I said, "Do you know about the business?" he said, "No."
Re-examined.—I knew him in his own name of Reekie; he did not avow that he was Spencer, Dickenson & Co.
ALFRED BORTHWICK EMANUEL . I am a journalist, of 52, Queen's Road, Bayswater—I paid a visit to the office of Leonard & Co. in February or March and there saw Krahn who mentioned his partner—I had a conversation with him for about a quarter of an hour—I did not examine the books—as a result of that visit I inserted a notice in the Eagle and
County Court Advertiser—it appeared on March 6th in the news paragraphs, it was paid for as an advertisement, but at a higher rate because it did not appear as an advertisement—(This stated "Many are the inducements to deal with stock and share brokers, few, if any, offer better terms than Leonard & Co., the partner is a good judge of mining investments.")—it appeared in other provincial papers.
Cross-examined. I never saw Reekie, and never inserted any puffing advertisement for him.
JOHN HARE . I am housekeeper at Albert Buildings, 68, Great Tower Street, I let an office there to a man giving the name of Charles Harding and gave him this receipt (Dated October 1st 1896, and found in Krahn's possession.)—he referred me to Leonard & Co., Bridge House, Queen Victoria Street and Thompson & Co., 141, Queen Victoria Street—I called at the first address, but did not see Leonard or Thompson—I took the rent in advance to settle the matter—the man who gave the name of Harding occupied the office; that was Krahn—" The Co-operative Traders Association "was put up outside the door and on the door as you go in—I addressed circulars similar to this for him—this is The Cooperative Traders' Association, G. Harrison, Secretary"—I never saw George Harrison—Reekie called several times at the office to see Mr. Harding—I only knew Krahn as Harding—he asked me if he might use the office for stockbroking—I told him I considered that the landlord would not allow it, and he did not remain after that—that was about the middle of the quarter—I saw him there three times—I recognized Reekie in Court at the Mansion House, and said, "There is the man who called on Krahn"—I did not know him by any name, merely as a caller—I was afterwards called and gave evidence.
Cross-examined. I knew him as Reekie before these proceedings were started, as a licensed victualler and secretary to the Licensing Company 19, St. Dunsian's Hill, before I went to the Mansion House—68, Great Tower Street, is close to the river.
HENRY WATSON . I was housekeeper at 181, Queen Victoria Street—Krahn had an office on the fourth floor in the name of Thompson & Co.—he moved down to the second floor—he then, became Leonard & Co.—letters came to the firm as Thompson & Co., then as Allen & Co., and as the Financial Telephone Company—I gave them to Mr. Thompson, who I now know to be Krahn.
FRANCIS RAN DAY DREW . I am clerk to Stephen & Gregg, solicitors, of Queen Victoria Street—I produce Agreement 205 with Reekie for letting Room 23 on the first floor at 19, St. Dunstan's Hill for three years from Christmas, 1896, for £30—there is also an entrance from Harp Lane—Reekie was manager of the Lighterage Association there—I believe the license has expired—that was the only office I know of occupied by Reekie at that date—I do not know Reekie.
THOMAS WILLIAM RIDING . I am a builder's clerk, at 19, St. Dunstan's Hill—I witnessed this signature of Reekie to this Agreement No. 206—Reekie as the person who signed it—I have known him four or five years as manager of another office in the same house—they had ceased to occupy that office—Reekie introduced Krahn as Burrows—he told me that he wanted Room 24 for the lighterage business—in that agreement he is described as Henry Benjamin Reekie, of 24, Tooley Street, general merchant.
Cross-examined. I knew him as a publican at 124, Tooley Street—he was also connected with the tugging business on the Thames, and was secretary to the Lighterage Society—I know that he took over one of the tugs on the Thames, the Success—the Lighterage Association was wound up about the date of this agreement, and he then took these rooms to run this business of the tug—the master of a tug has to be away for days together—that was his legitimate business—he enjoys the character of a respectable hard-working man.
Cross-examined. I know him by no other name than Reekie—he introduced Krahn as Burrows.
GEORGE HENRY LYMINGTON . I am housekeeper at 9, Harp Lane, and 19, St. Dunstan's Hill—I knew Reekie after he took the office at 23, St. Dun-stan's Hill—He only took one office, and put up "Frederick Burrows and Co," which was afterwards painted out and" Spencer Dickenson & Co" put up—I saw Reekie there occasionally, and Krahn, whol knew as Burrows—he used to attend the office at No. 23—Reekie introduced Krahn as Burrows, and said that he had let him the office as he should not use it much himself, and that Krahn would help him in paying the rent, and if any letters came he was to send them over to Krahn—if any letters came for Burrows and Co. I was to hand them over to whichever of them came—Krahn did not come to the office after "Spencer, Dickenson & Co." was put up, but Reekie did—I sometimes gave the letters to a young lady, I do not know her name, and sometimes Reekie came himself—I kept a book in which I placed registered letters, and entered them—registered letters came for Spencer, Dickenson & Co., which I signed the postman's receipt for—I do not know Reekie's writing—here is "Burrows, Glasgow" on one, and it looks like" H.B.R." after that—I gave a number of letters to the police addressed to "Spencer, Dickenson & Co." on September 22nd—the first postmark is September 14th, when they began to accumulate.
Cfoss-examined. Whenever letters were handed to Reekie, they were unopened whether registered or not—I. knew him before he took the office as working on the river, and I knew he had a public-house—I do not know that his wife managed the public-honse while he worked on the river—he was looked upon as a respectable man.
Re-examined. There was no indication about the Lighterage Co. on the 23rd because it had been wound up—there were not two businesses up, it was only Burrows & Co.—I went into the office night and morning—there was nothing there but writing implements—but there was a lockup cupboard there—there were no clerks.
Friday, November 26th.
ALBERT GEORGE COZENS . I am a clerk at the Law Land Society and produce an agreement for the letting of the rooms in Arundel Street for three years from Midsummer, 1897, at a rent of £56, signed in the name of of Percy Seymour by Alford—wehad no reference but had the rent in advance.
JOSEPH TASSELL . I am housekeeper at Effingham House, Arundel Street—two third floor rooms marked A and B had the name on the door of "Percy Seymour & Co" in June last—the rooms were not occupied—letters came addressed "Percy Seymour & Co" and some to Percy Seymour—they were given to Seymour and some to Miss Macfar-lane—Alford came on two occasions—he complained about letters notbeing delivered to the letter clerk—those were the only times he came
as far as I know—the rooms were furnished with tables and chairs brought in by the tenant—there were no books—neither Alford nor his clerk came there after September 6th—the letters that came there after that date I gave to the police.
THOMAS B. GOODMAN . I live at Thomas-Huston Street, Bolton, Lancashire—I received a number of circulars from Leonard & Co.—I have seen them all at the Mansion House—Nos. 74-76, 79-80, 89-93, 176206, and 253-291—I invested, as I thought, a number of sums with Leonard & Co., in response to the circulars—£20 between April 9th and August 3rd, in sums of £5 at a time—these were called the Systematic Investments, except one called the Coal Option. My last investment was on August 3rd, when I had got £15 10s. to my credit in the Systematic Investment—I received £3 6s. 5d. profit in respect of that sum—on August 6th I received this letter—" Dear Sir,—To-day being settlement day, we have much pleasure in handing you herewith cheque value 11s. 3d.," &c.—I did not purchase any shares in response to that letter—I then got letter No. 283, dated August 13th—"Americans are good to buy to any extent, which is admitted even by the most cautious purchasers, and we therefore advise your interest in the boom now commencing"—I still did not invest—on August 24th I received this letter—"The operation you were interested in last week turned out unsuccessful, and closed with a loss of cover"—up to that time I had received Leonard & Co.'s circulars regularly—this circular of September 3rd I obtained through a friend, and I observed that so far from my operation turning out a loss, on August 24th they were advertising to other people that profits were still going on—I did not get the profits mentioned in that—besides investing in Leonard & Co. I invested £5 in Percy Seymour & Co.'s Operations, which I lost—my nett loss was £16 odd—I believed that they were genuine businesses, to emphasize that I had written to Leonard & Co. asking for an assurance of good faith.
DAVID STAPLES . I am baliff of Ancell Farm in Wales—I saw Leonard & Co.'s name in the Daily Western Mail, and received, amongst other documents, circulars Nos. 23, 75, 76, 84, 86-88, 126 and 213-218 shown to me at the Mansion House—I invested from time to time with Leonard & Co, a sum of £90, all of which I lost except 16s. 5d.—I also invested with Spencer, Dickenson & Co., and received from them circular No. 246, "Spencer, Dickenson & Co., Stock and Share dealers and Investment Brokers, 9, Harp Lane, E.C."—I believed all contained in the circulars, and that those profits were to be made—it seemed a good opening to me.
DAVID JENKINS . I am a Surveyor of Lanelly, in Carmarthenshire—I answered Leonard & Co.'s advertisement in the Western Mail, and' received their circular—I invested £65 with Leonard & Co. and £5 with Percy Seymour & Co. and £5 with Spencer Dickenson—I got this circular, No. 246, I believed "what was in it—I produce my cheque payable to order—I received this letter: "We thank you for your remittance for £5, and enclose contract. Will notify you as soon as we close sale"—that is dated August 26th—I did not know that Spencer, Dickenson & Co. and Percy Seymour & Co. were the same firm as Leonard & Co.—I lost about £31 2s. 9d.—I received profits from time to time which induced me to invest larger sums.
EMMA HOLLAND . I am single and reside at High Street, Newport, Essex—in February last I received a prospectus from Frederick Burrows & Co. and invested £5 on the faith of it. "Frederick Burrows and Co., Stock and Share Dealers and Investment Brokers, 19, St. Dunstan's Hill, London, E.C., March 4th, 1897, Stock and Share Union, £5 per share. No further liability," &c.—I thought I should get something and believed the circular—I gave this cheque for £5 to Messrs. Frederick Burrows & Co., dated February 11th, 1897—it is endorsed "Frederick Burrows & Co."—I never got anything for my money—I wrote and enquired about it—I forget whether I got any reply—I think I had one, but I destroyed everything—I afterwards had a paper called the Financial Telegraph sent me by post which I read and believed, and invested, £12 10s. on that—I afterwards got the money back.
G. H. LYMINGTON (re-examined). When I gave the letters to Reekie he took them up to the Office—my private quarters are on the third floor—he might have taken them away from the premises.
Cross-examined. I gave my evidence last night, and said that Reekie told me "I am letting him (Krahn) use the office, 19, St. Dunstan's Hill, as I shall not want it much myself."
FLORENCE GREAVES . I was engaged as typewriter by Krahn, whom I knew as Leonard—I entered his service on April 5th—I wrote or typed letters at Krahn's dictation—I knew the prisoner as Burrows—I have seen him at Krahn's office, 181, Queen Victoria Street—he was frequently there—sometimes he did not come for two or three weeks—he would stop half-an-hour or an hour—I asked him his name—he said "Burrows"—I do not remember his bringing any document to the office—circulars were sent out from the office—I did not see circulars of Burrows & Co. sent out, or circulars in the name of Spencer, Dickenson & Co.—there were books there—I did not see any books of Spencer, Dickenson & Co., or Burrows & Co.—I have seen Alford and Burrows together at 181, Queen Victoria Street—Krahn had a private room—Reekie, Krahn, and Alford were together there once—I never saw this stamp (produced) at Krahn's office, nor did I see anybody use it—he had an india-rubber stamp in the outer office, which was used for signing the letters and contract notes—Krahn sometimes put pen to paper to sign a document—the greater bulk were signed with the stamp—we had a number of ladyclerks there—some of them addressed circulars, and they were not sent anywhere to fetch letters—I have not seen this lettter-book (produced) at 181, Queen Victoria Street—I indexed the letter-book, and this is not indexed—there was only one press in the office, I have seen letters copied in a letter-book which was not the letter-book I used—there was another letter-book and a statement-book for copying statements in writing—there was one copying-book for letters, and one for the statements I used to copy in both sometimes—the others used to use the books if I was busy—this (produced) is not Krahn's writing—Krahn was the only man in the office—the initials "N.S." are Miss Solomon's—these type-written letters of Frederick Burrows & Co., are not done by our machine, we did not have this coloured ribbon—this writing (produced) I think is Krahn's.
Cross-examined. I entered the service of Leonard & Co., on April 5th, and left on September 6th, the day Krahn was arrested—I had never
seen Reekie before, I saw him at 181, Queen Victoria Street—I saw him there between April and August, perhaps three or four times a week, I do not think he was there in May—they ware all lady-clerks—girls cameto write circulars, two sat upstairs, and I sat in the entrance-office—I do not know what the envelopes addressed contained, they were closed up.
Re-examined. The contents of the envelopes that had been sealed in the outer office had been enclosed in the inner office—Reekie used to gointo Krahn's private room—I do not know whether Alford was there.
NELLIE SOLOMON . I was book-keeper at 181, Queen Victoria Street, and had a seat in the outer office—I knew Reekie as Mr. Burrows; he gave me his name when he came into the office—he would come once a day, or every other day—he never told me his business—he always saw Krahn when he was in—he would stop sometimes half-an-hour, and sometimes more—I never saw him bring in any documents—after a call from Burrows, documents relating to Spencer, Dickenson & Co. were handed to me, and I had letters dictated to me by Krahn—I did them on the typewriter—we had two machines—we used a purple ribbon and a green one—I think this (produced) was typed at the office—I do not know the writing of these two letters (Nos. 42 and 45) the initials look uncommonly like mine—it is not my writing—I never saw this letter-book before, except at the Mansion House—Miss Greaves and I occupied seats in the outer office—there were some girls upstairs—I wrote up the books from materials supplied to me by Krahn—I took them" from the Financial News or the Pall Mall Gazette when Krahn did not give them to me.
Cross-examined. I entered the service on July 5th or 12th—I cannot say that I saw Reekie in the office in July—he came into the office and gave me his name—I asked him to spell it, and he spelt it "Burrows"—he did not say he came from Burrows & Co.—I was a little confused when I said he did not give me the name of Burrows.
CATHERINK MARY MACFARLANE . I was employed by Alford as typewriter at 171, Queen Victoria Street, and went there about the end of June, and remained until September 4th—while I was there I fetched letters from Effiinghara House, and delivered them to Alford, who engaged me—he dictated replies to the letters—when I went to 181, Queen Victoria Street, I assisted in sending out circulars for Leonard and Co.—I saw Reekie there once—he gave me money to get some envelopes that I was to address for Krahn—I did not put anything in them—I gave them to Krahn—I then took them home to address by my type-writing machine—I took them into the inner office.
Cross-examined. I was at 181 four or five times—I assisted with the letters—the occasion I saw Reekie there I think was at the end of August.
JAMES HENRY DOUGLAS . I am chief clerk at the London and Midland Bank, Blackfriars—I knew Krahn as a customer by the name of Henri Alanger—our's is a branch—I produce a copy of his account—it was opened on July 6th, 1897—the last entry is September 30th, which consists of a sale for £767 of Canadian and Pacific shares—there is a dividend of £14 in addition—£1,931 19s. 9d. was paid in between July 6th and September 30th, when there was a balance of £7 19s. 2d.
Cross-examined. On July 16th £270 1s., and on August 18th £500, were drawn out in lump sums.
EDWARD HENRY BLAKENY . I am cashier in the Londor and SouthWestern Bank, Fenchurch Street—Reekie kept an account there, which was opened on July 8th, 1895—the certified copy account produced begins on July 1st, 1896—his name was given as Henry Benjamin Reekie, and he is described as manager of the Co-operative Lighterage Company, of 19, St. Dunstan's Hill, B.C., and 30, King William Street, Greenwich—we balance up quarterly—about £1,000 was paid in down to October 25th, 1897, quarterly—the balance on October 25th is £4—it is now 6s. 8d.—Miss Holland's cheque, dated February 11th, 1897, for £5 I was paid in to the credit of Reekie, and was endorsed "Frederick Burrows & Co."—I think it is Reekie's writing—between April and August no country cheques were paid in.
Cross-examined. I know that Reekie keeps a public-house—he has got I an account as a lighterman—he would pay his takings at the public-house into the account—these might be country cheques which he changed—this is his pass-book up to date.
JOHN CHAD WICK . I am ledger clerk to the London Banking Corporation, Limited, 33, Bridge Street, Blackfriars, where Krahn had an account in the name of William Thompson & Co. from June 23rd till December 3rd, 1896, then in the name of Williams, Leonard & Co. from December 3rd, 1896 (which began with a cheque for the balance of Thompson's account) to September 17th, 1897—this is the pass-book (produced), the balance on that date was £7 2s. 8d.
HERBERT EDWARD WINNWGTON INGRAM . I am ledger keeper at the London and County Bank, Newington Branch—I knew Krahn by the name of Henri Allanger—this (produced) is a copy of the account, No. 212—it was opened on August 28th, 1896, to September 25th, 1897—the balance then was £15 2s. 2d.—about £1,600 has been paid in—amongst the items paid out in May and July of 1397, are sums of £512, £326, £141 all to Alford.
FREDERICK WILLIAM MANSON . I am a cashier at the Economic Bank, 34, Old Broad Street, where Alford opened an account in the name of Percy Seymour & Co.—he signed one of our forms, giving his full name as Percy Seymour, this is the signature—the reference is Charles Curpey, Esq.—the account, No. 207, was opened on July 23rd, 1897, with a country cheque of £10—the total sum paid in to September 21st is £49 19s. 7d.—the credit balance on October 1st is £20 16s.—this is the letter we received from Mr. Currey—then Spencer Dickenson opened an account—that is Reekie—he came personally and signed that document (No. 210) on the 19th August—he is described as a timber merchant and barge builder, 9, Harp Lane, E.C.—we had a personal introduction with Percy Seymour, i.e., Alford—the account, 209, was opened on August 19th, with £15, and a number of country cheqhes of multiples of £5 were paid in—it were paid in—it was open till September 15th—the country cheque £4 19s. 9d. means £5, less commission of 3d.—the cheques are credited three days after, when they are cleared—the cheque of September loth must have been paid in after the 6th—Bowles is the name of the printer who printed Spencer Dickenson & Co.'s circulars—with the exception of William Bowles and Langdon and a draft returned, all the debits are to Reekie, Leonard or self—we did not know that Reekie kept a public-house—this cheque passed
through our bank, and through this account—it la signed Jenkinson and endorsed by Spencer Dickenson, i.e., the prisoner—it is dated August 25th—I will fetch the pass-book.
CHARLES CURREY . I live at 50, Halton Road, Canonbury—I do not knew anyone called Percy Seymour—This letter (produced) is signed by me—it is an answer to this printed form (a letter from the Economic Bank was then read, asking the Witness for a reference in respect of Percy Seymour, also the follounng reply from, the Witness),—" 23, 1897, To the Manager of the Economic Bank, Limited, 34, Old Broad Street, E.C.—Dear Sir,—I have known Mr. Percy Seymour from a child, and have always found him respectable and straightforward in every way. This has been delayed through misdirection of yours"—the portion of the letter referring to Alford's character I believed to be perfectly true—Alford sent me this request, asking me to give a reference in that name—" My dear Uncle,—As I am about to take an office, and to open a banking account in the name of Percy Seymour & Co., will you be kind enough to give me a reference if any application should be made?"—when I gave him that reference I believed he intended to do a perfectly legitimate business—I must express my regret for giving a reference in a false name.
THOMAS ABBOTT (Detective Inspector, City). I arrested Krahn on September 6th on a warrant at 181, Queen Victoria Street—I afterwards searched him and his office—I found on him two £50 Bank of England notes and a quantity of other money—a:150 note found in his safe was identified by Tattersall, the broker—I also found this Post Office Savings' Bank book in the name of G. Harrison, in 154, Tooley Street, which is the address of Reekie's public-house—the usual signature is left blank—the person describing himself as secretary of the Co-operative Traders' Association is Krahn—I also found a pawnbroker's duplicate, or contract note, in respect of a single stone diamond ring in the name of Henry Reekie, August 20th, 1897, for £15—I also found this letter book containing letters, signed, "Frederick Burrows & Co.," and" George Harrison"—many of them contained acknowledgments of the receipts of sums of £5—I also found an indiarubber stamp of Spencer, Dickenson & Co., and a number of circulars of Burrows, and Spencer, Dickenson & Co.—I arrested Alford on September 23rd on a warrant—I searched his office, 171, Queen Victoria Street, and found a few copies of the Financial Telegraph—I searched Effingham house—there were no books or documents there—Reekie was subpaeaned as a itness—I previously had a conversation with him I did not then know the, factsdeposed to by the witnesses at the Mansion House—I arrested Reekie on September 28th, at 154, Tooley Street—I read the warrant to him charging him with conspiracy and fraud—I also showed him a cheque endorsed" Spencer, Dickenson" (produced)—he said, "Yes, I wrote that at the dictation of Krahn, I have received letters in the name of Spencer Dickenson, and taken them to Krahn; he has opened them—I have also received circulars from the printers, and taken them on to him, and in fact I have been more of an errand boy for him, and if I am called upon I will speak the truth about this matter: he advanced me the money to open the account, i.e., at the Economic Bank—I conveyed him to the station, and going over the
Tower Bridge he said, "Conspiracy is a serious charge, is it not?" I said, "It is"—he was charged at the station and made no reply—he was bailed on the following day—I went with him to 19, St. Dunstan's Hill, and searched his office in his presence—I do not think there was any name on the door—I got from the housekeeper a number of letters, which had been delivered and not called for—I think the date on them was about September 14th—among the documents found at 181, Queen Victoria Street, were several books of accounts, which were handed to Messrs. Cash, Stone & Co., the accountants.
Cross-examined. I said in answer to Mr. Young, who appeared for him I at the Mansion House, "He admitted the endorsement without hesitation, he said Krahn had lent him the money"—that is to open the Economic account and that Reekie had opened the account at the request of Krahn, and that Krahn had given the name of Percy Seymour as a reference—I saw Reekie a few days before he was subpoenaed as a witness—I had no conversation with him until the morning I served him with a supbcena, but I visited his house the night previously and was uaable to see him—I believe that was after September 23rd that I served the supboena—I had not then the intention of dealing with him as a prisoner—there were several documents—when he was recognized in court he had been served with a subpoena to attend as a witness—I had no conversation with him in reference to the case, but simply served him with the subpoena to attend at the Mansion House and give evidence—whether the license he holds is in his or his wife's name I do not know—I do not know that he has been a licensed victualler previous to this—I know he was connected with the Lighterage Association as manager—I found he was running a tug called the Success—he would be frequently away—I first knew of Reekie having an account at the Economic Bank after his arrest—It is common knowledge that before a man can be a licensed waterman he has to satisfy them of his character.
F. W. MANSON (Re-examined). I produce the pass-book and cheques drawn on the account of Spencer Dickenson & Co.—two of these cheques are not out of the book issued to him, but were sold to him over the counter, so that he would have to attend at the bank in order to draw these two cheques—they are odd cheques out of other books—one of them is on September 10th for £5, payable to "self"—I only know Krahn by seeing him at the Mansion House—he has no account at the bank—one of the cheques out of the cheque book is dated September 7th for £10 10s. to "self "; another on September 11th for £3 10s. to one H. Williams; these are "bearer" cheques. Another is September 15th, G. Lindon, a "bearer" cheque and no endorsements, £10—all these monies were obtained after September 6th—there is one cheque dated September 1st for £35 to W. Leonaid & Co., endorsed" W. Leonard & Co."
Cross-examined. I did not recognize Alford—someone came and introduced him—he gave the name of Percy Seymour & Co.—Alford is the same as Percy Seymour—someone came with him and he said, "This gentleman has come to open an account with you"—I cannot be absolutely certain (we have so many accounts at our bank) that anyone came with Reekie—what I wished to say before was, that it was a personal reference.
Re-examined. We should not open an account without a reference of some kind—I naver saw Alford to my knowledge, except at the Mansion House—I know Alford as Percy Seymour now, I did not know it at the time—this document (No. 210) is filled up by Spencer, Dickenson & Co., i.e., Reekie, except the description, and that is in my handwriting "Timber Merchant and Barge Builder"—I got that information from him—the name "Percy Seymour "was written before by Reekie.
WILLIAM CASH . I am a member of the firm of Cash, Stone & Co., chartered accountants, in the city, and am a Fellow of the Institute of Chartered Accountants—I am familiar with the keeping of books by stockbrokers—I have had submitted to me the books found at 18 Queen Victoria Street, showing the receipt of moneys from November the 1st, 1896, to September the 6th, 1897, amounts to £8,533 7s, 4d,—of that sum, according to the pass-book, there was paid into the bank £6,701 18s. 6d, and drawn out by cheques to "self" and "expenses" £2,796 13s. 1d.; £12814s. 1d. was paid for advertisements, and £2380s. 8d. for sundry expenses—I find no receipts of any sums of money from stockbrokers or payments to stockbrokers in this pass-book—the sum paid into the bank, plus the sum drawn for" self" and" expenses," would give together £4,500—the total amount standing to the credit ef the account at the London and South Western Bank on April 30th, 1897, shows £585 18s. 10d.—on May 16th—the cash available was £1,064 10s. 1d.—about May 17th a number of invitations went out to the different customers, to the effect that large purchases had been made on their behalf of South Eastern Ordinary Stock, amongst others I find, about that date, the customers accounts debited in these books with the purchase of South Eastern Ordinary at 158, amounting in the aggregate to £271,200; that at one percent, represents £2,712—there was nothing like that sum available or under the control of Leonard by means of any of his banking accounts, including that of Reekie—the difference of the two points as between the buying and selling price would be a loss to the clients—the stock would, in fact, show a loss immediately.
Cross-examined. I did not find in my examination in reference to Leonard & Co. any reference to Percy Seymour & Co., Spencer, Dickenson & Co, or Burrows & Co.—I took these figures from the London and South Western banking account—I was furnished with a copy of the exhibit—I did not examine Reekie's account at the London and South Western Bank with reference to the different sums drawn out and the persons for whom they were drawn out.
Re-examined. All I had before me was an account that shows the number of cheques on the one side and the cash 011 the other side—I had not the pass-book, which has been produced the first time to-day.—REEKIE— GUILTY . He received a good character.— Twelve Months' Hard Labour.
OLD COURT.—Friday, November 26th, 1897. before Mr. Justice Darling.
43. In the case of JAMES HARRIS (35) , charged with the wilful murder of his wife, Annie Harris, Mr. Charles Mattlwws appearing for the prosecution, and Messrs. H. C. Richards and A. Huttonfor the defence, Mr. Richards, instructed by the prisoner's friends, made application that the prisoner be not called upon to plead, under the following novel and peculiar circumstances: Owing to the severe nature of a wound in the throat, no doubt self-inflicted, the prisoner's voice wns so seriously impaired that tie was merely able to utter whispers at intervals, which could only be heard by persons close to him. He could neither read or write, and wot physically incapable of communicating with his solicitor, or giving any instructions with regard to his defence; he did not suggest that on the present occasion the prisoner was insane, or that he was mute of malice. As an authority for the application, he referred to the cases of Reg. v. Berry and Reg. v. Pritchard.
MR. JUSTICE DARLING considered that as matters of fact were involved the Jury should be sworn, evidence should be adduced, and the opinion of the Jury taken. Thereupon Dr. J. Scott, Medical Officer of Holloway Prison, at ffolloway, was examined, and one of the warders attending upon the prisoner; also Mr. Freke Palmer, the prisoner's solicitor, Mr. Thomas, his clerk, and Mr. Wilfred Trotter, House Surgeon University College Hospital, where the prisoner teas at first taken. In answer to questions submitted to them the JURY found (1) that the prisoner was not insane; (2) that he was not in a condition to give instructions to his solicitor, in consequence of his own unlawful act; and (3) that he was able to plead. The prisoner was then called upon to plead Guilty or Not Guilty. At first he merely shook his head, on being asked a second time, he said, "NOT." A plea of NOT GUILTY was recorded, and MR. JUSTICE DARLING adjourned the trial to the following Sessions.
The prisoner received a good character.— Twelve Months' Hard Labour.
MR. BIRON Prosecuted.
JOHN COWELL . I am 19—I live at 27, Winchester Street, Eyre Street, Bethnal Green—about 10 p.m., on September 13th, I was outside the Foresters' Music Hall, in Lydia Street, with Frances Cohen and Agnes Dixon, and a lad named Bush—the prisoner, whom I did not know I before, came up and said to Cohen, "Your mother wants you, because you had a day off"—Cohen said, "All right," and asked me to see her home—I went with her down Shandy Street, where she lived—we passed the house where Dixon lived; she ran into her house, and the prisoner ran up after her—I went on with Cohen—when I was coming along the street again, about three minutes afterwards, the prisoner fired, and I
started running—he was about as far as I am from the Judge when he fired the first shot—I did not feel anything—I started running, and had my back to him, and could not see him—he fired a second shot, when I was not many yards from him; it hit me between the shoulders—I noticed blood coming from it, and went to the hospital—it was not a serious wound—the bullet has not been extracted; it is still in my shoulder.
By the COURT. I had no quarrel with the prisoner, he was a stranger to me—he said nothing to me before he fired.
FRANCES COHEN . I am getting on for 16—I live at 2, Elser Street—on the night of September 14th I was outside the Foresters' Music Hall with Cowell, Agnes Dixon, and Bush—the prisoner, whom I knew before come up and said, "Frances, your mother wants you"—I said I was going home, and asked Agnes Dixon to come home—I went towards home with Cowell, Bush, Dixon, and the prisoner; we were all walking together, I was walking with Cowell—I saw Dixon go into her house—the prisoner came in our direction, and walked up Leyden Street, and round to Chenies Street, and then he fired at Cowell—I was standing just against him when he fired—he was about a couple of yards from Cowell—I am not sure if Co well ran then—I only saw that one shot, it hit Cowell—the prisoner then ran away—I saw this pistol, or one similar to it in his hand when he fired—I was close to him when he fired.
AGNES DIXON . I live at 27, Lydia Street—I knew the prisoner some time before September 14th—on that night I was in company with the other witnesses when the prisoner spoke to me—I went into my house in Lydia Street, the prisoner come inside the doorway, and said he would put two through me—I did not notice anything in his hand then—I saw this little pistol in his hand; he ran downstairs, I did not follow him.
FRANCIS THOMAS WALDRON . I was the receiving-room officer at the London, Hospital on September 13th, when Cowell came and made a complaint—I examined him, and found he had a wound at the back—probed it, but I could not find the bullet—the wound was over two inches deep, and ran downwards into the muscles of the back, and the bullet was probably in there, but I could not fedl it—it may have been covered by some other structure—the wound was probably caused by a bullet—this pistol would be about the bore—the wound was not dangerous; it might easily have been if it had been in another situation—it was not considered necessary for him to stay in the hospital that night.
RICHARD HILDITCH . I am a labourer, of 8, Docket Street—about 2.30 on September 15th I was near the corner of Shandy Street—my back was towards the prisoner—I heard a report, and looked round and saw the prisoner staggering—he had a wound in his head and a pistol in his hand—I took him to the hospital—I don't know what became of the pistol.
ELIZA VINCENT . I am the prisoner's mother, and live at £7, Skidmore Street—I heard on the 16th that he had been taken to the hospital—I went there and received some of his clothes—in one of the pockets I found this piece of paper (This was a piece of newspaper on which was written, "This is all through Frances which has led to this. I could not sleep—to dream of what I done. Tett Agnes I Jorgive her but tell her not to play at games with other. Good-bye, all. F. Vincent")—he lived at
home—he has read books—I am no scholar, and could not tell what books he read, but there were Comic Cuts and Tit-Bits and books like that—he had half-penny papers and picture books—I did not know he had a pistol—I never saw him with it.
The prisoner, in his defence, stated that he had not said anything to Dixon about firing two shots at her, and that he only fired one shot at Cowell.
GUILTY of unlawfully wounding. The JURY added that, in their opinion, some restriction should be placed on the sale of revolvers.— Five Days' Imprisonment.
MR. ELLIOTT Prosecuted, and MR. PURCELL Defended.
HERBERT HAMMOND . I am a constable in the employ of the SouthEastern Railway Company at Charing Cross Station—about three p.m. on Saturday, October 23rd, I was on duty in the fore-court—I saw the prisoner there with a hansom cab, standing against the luggage platform; he had no passenger inside—I asked him whether he was engaged; he said, "Yes, I have a fare waiting at the cloak room"—I said, "You seem to be here a very long time; I think you had better pull up over the way," meaning the rank—he did so, but pulled up in such a manner as to block the traffic going out at the gate—I asked him to pull up a little further so that the traffic could get out properly—my attention was diverted for a little while, as we were very busy—then I noticed an altercation going on, and I approached the spot where it was going on—I saw the deceased holding up his open hand to the prisoner, who was on his cab—the deceased was standing on the ground, and three or four yards from the prisoner—I could not hear what was said—at that moment a London and North-Western Railway omnibus came between the prisoner's cab and the privileged rank and obscured my view—after it had passed I saw the deceased lying on his back just out of the gates in the Strand, bleeding from a wound in his head—I assisted a metropolitan constable to get him into a cab and send him to the hospital—I did not see any blow struck.
Cross-examined. The squabble must have begun almost immediately after the prisioner drove among the privileged cabs—the next I saw was the deceased walking towards the prisoner with his hand up—he was saying something, but I was too far off to hear.
Cross-examined. There is a stone pillar on each side, just inside the gateway—the gates fold round towards the railway station—the paving stones are not more than usually uneven—there is an iron socket on the pavement, in which the gate runs—at the bottom of the railings there is a projecting ornamental knob, it projects very little.
Lambeth—about three on October 23rd I was driving a fourwheeled cab from the inside of Charing Cross Station—I had a lady inside—when I was passing out of the station the prisoner said, "What a b——fine lot; who is the b——builder of that?" I pulled up for a moment with surprise, and he said, "I would not—"—I said, "Why do you insult me, going out of this yard, when I have a lady inside my cab; if you do not apologize I will call someone who will make you wash your mouth out; I don't know you, I have never spoken to you"—I moved on a few yards, and on crossing by the gate there was a metropolitan constable, and I made a communication to him—I had never seen the prisoner before.
Cross-examined. I had been waiting among the other privileged cabs in the station, further on than the prisoner—I saw the prisoner waiting—I did not see the deceased go towards the prisoner as I was driving off—several men were standing by their cabs, a little distance from the prisoner—they could speak to one another from where they were if they spoke out—I did not hear them speaking to him.
WILLIAM LANE . I live at 53, Cransworth Road, Wandsworth Road, and am the driver of a privileged cab at Charing Cross station—I have been a cabman for 23 years—on this afternoon I was in Charing Cross station-yard—I saw the prisoner in the yard and I heard what he said to Jenks as Jenks drove out—after he had passed the deceased crossed the yard and went up to the prisoner and said he ought to know better than use such language as he did, as he had got a lady in the cab—I did not hear if the prisoner said anything in reply—Arnold was crossing the station-yard towards the gateway and he came back and said "you had better get down then" and the prisoner got down and followed him outside the gate and gave him a thump in the mouth with his swinging fist and knocked him down and tripped him up with his right leg at the same time—that laid the deceased out on the ground with both his hands right out—I went and picked him him up and he was bleeding profusely from the left ear—he did not strike the posts or any part of the gateway as he fell; he was clear of the gateway—I did not know Mead before to my knowledge—I have known the deceased since the strike—I did not see him strike any blow; if he had I must have seen it, there was no offer of fighting, or anything of the sort.
Cross-examined. I was in the station-yard about 10 feet from the gateway when the deceased was knocked down—I was standing in the yard minding my cab—there was nothing between me and the two men—when the blow was struck they were standing face to face—the deceased was not kicked at all—he fell right on the back of his head.
ANDREW MCCAUSLAND . I am a cab-driver, living at 20, Vauxhall Road, Lambeth—I was in the fore-court of the Charing Cross station, about three on the 23rd—I saw the prisoner there, and heard wnat he said to Jenks as he passed with his cab—then the deceased said to the prisoner, "You ought to be ashamed of yourself to use such beastly language as you have to that driver, and he had a lady in his cab at the same time—the prisoner said, "Who the b——h——are you talking to? If I get down off this cab I shall kick your b——brains out"—the deceased said, "Get down"—the prisoner got off his cab and the deceased went towards the Strand, and just as he got outside of the station-yard, in
the carriage-way, the prisoner gave him a most terrific blow in the face, and then he kicked him, or raiher tripped him up and down he went on his head—we bandaged his head up as well as we could—I could see him clearly when he fell; he was about 20 yards away from the gateway—we put him into a four-wheel cab and conveyed him to Charing Cross hospital as soon as we could—I did not see the deceased strike any blow.
Cross-examined. I swear to the words that passed between the deceased and the prisoner—the deceased did not go near the prisoner with his hand raised in the air, when the prisoner was on his cab—they spoke rather loud—I did not hear the deceased say, "Get down and I will punch your nose"—when the deceased was lying on the ground the prisoner kicked him on the legs—the deceased had his back to the prisoner as he walked; he turned sideways and said, "You do it, you do it" to the prisoner, and the prisoner dealt him a terrible blow in the face, it was enough to break his jaw I should think—he was about sideways to the prisoner, the two men were not face to face when the blow was struck—anyone could see the kick the prisoner gave the deceased when he was on the ground—the deceased fell on the back of his head on the carriage-way—the blow could not be mistaken for a slight push on the chest—I must have seen it if the deceased had fallen from a slight push on the chest—I should think the blow must have fallen on his mouth, when he fell he bled out of his ears and nose and mouth something shocking—the prisoner kicked him afterwards—I only saw one kick.
FREDERICK HOLT . I am an omnibus driver in the London and NorthWestern Company's service—about three p.m. on October 23rd I was driving my omnibus out of Charing Cross station, and I saw the prisoner get off his cab, run to the deceased, kick him on the leg between the knee and ankle, and hit him in the mouth with his left hand and knock him down—he never rose again—I saw no blow struck by the deceased—I drove on, as I had my omnibus to see to.
Cross-examined. When the prisoner kicked the deceased on the leg they were facing each other—when the prisoner ran at the deceased the deceased had his back to the prisoner—the deceased was going out to the policeman—the prisoner came from his cab—the deceased's face was towards the prisoner when he was kicked.
ELIZABETH GARSLEYM . I am a widow—I sell matches just outside Charing Cross railway station—I Jive at 14, White Horse Yard—about three p.m. on October 23rd I was standing just inside the gate, I saw a cabman about 60 years old run out of the gate and put up his hand, and the prisoner rushed after him, and the deceased said, "You do, if you dare," and the prisoner hit him under his face, and he dropped down on the kerbstone on the back of his head, and bled dreadful, and a constable came and tied his head up.
Cross-examined. It was not a push; he hit him under the face, on the chin or nose, I don't know where, and he went down on the back of his head—I said before the Magistrate, "I cannot say where he hit him; I cannot say whether it was a blow or a push"—it was a blow—he fell insensible—it was more of a blow than a push—there was no kick, neither before nor after he fell—I was not two yards off, and I saw it all—when he fell down there was no one there but the two men.
Charing Cross station—on this afternoon I was standing on the pavement inside the gate about 50 yards from the gateway—I saw the deceased cross the forecourt from the cab rank and speak to the prisoner; he stood there about two minutes—I then saw the deceased run away from the cab, and the prisoner got down, and just as he got to the gate leading into the Strand he kicked the deceased in the lower part of the back, and he fell to the ground; jukt at the time there was a Euston omnibus going out, and it took my sight off, and I did not see what was done when the dece used was on the ground—when the omnibus had passed the deceased was lying on the ground—I went up and did my best to assist, and the deceased was taken to the hospital.
Cross-examined. When the deceased went towards the prisoner two other privileged drivers stood a distance off, not so close as the deceased—three other privileged drivers went towards the prisoner, they were not close together—the deceased ran and the prisoner ran after him and kicked him in the back while he was running and immediately the deceased fell on his side and back: the omnibus was going out at the same time—I said before the Magistrate "I think it was the force of the kick by which the deceased man fell; I think he fell forward;" that is true—I saw him fall, but how he fell I could not say—I saw no blow struck before he fell; so far as I could see he fell in consequence of the kick in the back.
GEORGE BARNARD . I am a clerk, living at Brixton—about three p.m. on October 23rd I was walking towards Charing Cross station—I saw two men standing in the gateway and I saw one push the other who fell over and his head struck the stones and he started bleeding—I was about five yards away in the Strand—the two men were standing face to face close together when I first saw them—I came up after it happened.
Cross-examined. There was nothing between me and the two men there might have been more men inside the railings—as far as I could see the prisoner pushed the deceased on the breast—I could not see the deceased's face; I had a slanting view of the prisoner's face, and the deceased's back—I think I should have noticed if the blow had fallen on his face—I am not clear it was a push and not a blow; I was not close enough to see; but my impression was it was a push and not a blow—I did riot see the prisoner kick the deceased—if he had kicked him on the back or legs I should have seen it—if at the moment the deceased fell the prisoner had delivered him a swinging blow in the mouth I should have seen it; there was no such swinging blow—at the time when the push was given the two men were face to face—I guessed they were speaking; I could not hear what they said—they were standing.
PHILIP WRIGHT (238 E). At three p.m. on October 23rd, I was on duty outside Charing Cross railway station—I was called to a man lying on the ground on his left side—there was a large quantity of blood near his head, which was about a foot from the kerb on the eastern side of the carriage way—the blood came from a wound on the left side of his head, near his left ear—I bandaged him and sent him to the hospital—I then went into the station-yard, and in consequence of a communication that was made to me I told the prisoner I should
arrest him for unlawfully wounding Arnold, and that the witness said he had kicked him—he said "I did not kick him; I knocked him down"—I took him into custody—on the way to the station he said, after I had cautioned that he was not bound to say anything—"as God is my Judge, I did not kick him; they were all tormenting me"—when charged he said "It was not my fault; they were on at me like a pack of dogs."
Cross-examined. I was present when the prisoner was afterwards charged with manslaughter; he said, "It was a pure accident; I never struck the man at all; I pushed him"—it is possible that the stones there are not all even, and that a man might over-balance, himself with a slight push.
---- COLEMAN (Inspector). I charged the prisoner at the station—he said" It was a pure accident: I never struck the man at all; I pushed him."
WALTER HARMAN MORGAN . I am house-surgeon at Charing Cross hospital—the deceased was brought there on October 23rd, and I attended to him—he was bleeding a great deal from his left and right nostril; he was bruised on the back and left side of his head—he was suffering from concussion of the brain—he was kept in the hospital, and died on the following day, Sunday, at 7.20 a.m.—I made a post-mortem examination—I found the skull fractured and the brain lacerated in four places—he had two distinct injuries to the head, either of which would account for his death—one was on the back and left side of the head, and was probably caused by a fall on a hard flat; substance; it produced laceration of the brain in the front of the forehead—the depressed fracture just immediately behind the ear produced laceration of the brain—the first one was higher up, and further back than the wound behind the ear, that caused by contre coup great laceration of the brain in front—the injury to the back of the head might be caused by falling on a flat substance—the one behind the ear must have been caused by direct violence, or falling on some pointed obstacle—it would be consistent with a blow from a fist.
Cross-examined. It would have to be a blow of very great severity—I don't think I can say it would be more likely to be caused by contact with some projecting body than by a blow from a fist—it might have been occasioned by a fall on some projecting surface—I found no traces of any kick ou the body, and no bruise on the mouth or ear.
GUILTY**.—The JURY added that they thought the prisoner received some provocaton, and desired to recommend him to his Lordship's consideration. Six Weeks' Hard Labour.
OLD COURT.—Saturday, November 27th, 1897.
Before Mr. Justice Darling.
MR. PEILEM Prosecute, and MR. KEMP, Q.C., and MR. EARLE Defended.
business carried on by him and Warsany at St. Paul's Road, Bow—on February 10th or 11th I received this post-card, "Beware, of Kressel; he is a fraud; fancy a thief preaching honesty; he is bribing and swindling the lawyers and creditors, and knows how to alter cheques; will call again"—I did not know from whom it came, and was very much surprised at getting it—I gave it to Mr. Johnson, Mr. Kresael's solicitor—I had previously received a visit from Warsany and Orepin on the subject of Kressel on a Saturday evening—I would not be quite positive that it was before receiving the post-card, but I think so—they came quite unexpectedly—I had met them before at a funeral—when they called they said that Kressel was a thief, and had done this, that, and the other, something very detrimental to his character; and I said, "if he has done all you say he must be a thief; if he has had Mr. Wanany' money and spent it on a purpose he did not wish, he must be what you gay"—I think it was Crepin who spoke; I will not swear it; both were present—they stayed for 25 or 30 minutes, and the principal conversation was about Kressel, and different things that were detrimental to his character—they called him a thief more than once.
Cross-examined. I was examined before Mr. Justice Wills in the civil action brought against Warsany for calling Kressel a thief and other things—I said then it was Warsany who spoke to me and made use of these expressions.
Re-examined. Both Crepin and Warsany came, and both were interested, and both came on a certain object, and both talked about his being a thief and how he did this, that and the other.
HERMAN POTTS . I am one of the firm of Potts & Co. of Cree-church Lane, City—we supplied glass bottles to the business carried on at St. Paul's Road, Bow by Kresseva Alimentary Extract Company—Kressel ordered them—they were paid for—that was all I had to do with that company—on February 10th or 11th we received this postcard, "Kressel is leaving the country; he is swindling everybody, go for your money quick"—I did not know from whom it came—I gave it to Kressel—Crepin and Mrs. Wareany came to my place after, I believe; I received that post-card—I did not know at the time it was the prisoner, but I do now—I saw him there but I did not speak to him Mrs. Warsany was the spokeswoman—she said in his presence something about the account owing by Kressel's Alimentary Extract Company to me—they stayed about five minutes.
Cross-examined. They wanted to know whether any more money was due to me from the Alimentary Extract Company; they asked me to send a statement of the account to the Company—I did so, and got my money.
JAMES ANDREW CURLE . I am a glass manufacturer, of Victoria Park—I supplied goods to Kressel's Alimentary Extract Company, St. Paul's Road, Bow, on Kressel's orders—after a time I was paid for the goods I supplied—on February 10th or 11th I received this post-card. (This was similar in terms to the card sent to Mr. Potts.) I did not at once know from whom it came; it startled me; and I went off at once to Kressel's private house to see him about it—I gave him the card.
Kresses Alimentary Extract Company—on February 10th or 11th I received this post-card:—"Beware of Kressel; he has misappropriated money, bribed and swindled his and other people's solicitors, has altered cheques, and we will have hioi put away; will see you one day; fancy a thief preaching honesty"—I had no idea from whom it came—the next day, or very soon afterwards, Kressel called at my office, and I told him I had received this post-card—he said "Where is it?"—I said, "I have it in my pocket"—he said, "Will you let me have it?"—I gave it to him.
Cross-examined. I cannot say if I received it on the 10th or 11th—I don't think when Kressel came he asked me if I had received a postcard, or anything of that kind, I believe I told him I had received it—I cannot say what he called for; he had no business with me—he called at my office—he often used to call and see me in a friendly way—he called within two or three days of my receipt of the post-card—it might have been two or three weeks before that that he had called—I cannot be sure what passed before I produced the card—all I can sayis I showed him the post-card and told him I had received it, and he said "Where is it?" and I said, "I have it in my pocket"—I cannot say definitely who first alluded to it—I thfnk it is in the same state now as it was when I received it because I remember the alteration on the address—it looks to me as if somebody has gone over the writing and altered the first stroke of the W and the K—I did not look at the card sufficiently when I received it to say whether it was the same then; I simply read it and put it in my pocket and I should have taken no further notice of it.
Re-examined. Kressel was in the habit of calling on me tolerably frequently at my business place.
FRANK BARTHOLOMEW . I was landlord of the Free Trader, Clissold Park—I am the son of Mrs. Bartholomew, the previous witness—I have known Kressel for six or seven years or more—about two p.m. on a Saturday towards the end of February, previous to the post-card coming, I think the prisoner called with Mr. Warsany—the prisoner was known to me slightly; I had met him once at his house—I did not know they were coming, they came in the ordinary way of customers, I thought—I did not recognize them at first; but the prisoner asked me if I knew him, or whether I recognized him—we had a conversation in my parlour—they both told me they were going to put Kressel in gaol, and that he was a thief and a swindler, and had altered cheques, that was the main substance of it—the conversation lasted from 15 to 30 minutes, all on the topic of Kressel—they did not get my mother's address from me, they must have known it.
Cross-examined. I do not think they said that Kressel wanted to borrow money from me—some years ago Kreesel may have wanted to borrow money from me—Mr. Warsany came to me and complained of the alteration of the cheque—I am not sure whether he showed me the cheque, but he explained it to me thoroughly—he told me the cheque had been drawn, and there was a larger amount paid at the bank than the entry in the book showed the cheque was drawn for—I would not be certain whether he said the cheque was drawn for £25, while upon the counterfoil it pretended to be £2, something of that kind, and thereby he had misappropriated money—Warsany said that, and then he called him a thief—the calling him a thief had relation to the particular circumstances that he told me of.
THOMAS WILLIAM GUBRRIN . I am a professional expert in handwriting—I have been giving evidence for 13 years—I am employed by the Director of Public Prosecutions—I have been shown the four postcards that have been put in—in my opinion they are in the same writing—I think the writing is slightly disguised, not effectually—this letter of November 30, 1896, was submitted to me for the purpose of comparison, and I have compared the writing of the letter and the post-cards, and to the best of my belief all the post-cards are in the same writing as the letter—the writing is peculiar; it has a foreign appearance—the W in the post-card to Mr. Cuthbert has been touched; it was not written right off—there is an example of the same thing in the letter, but other W's in the letters have not got it—I should say the card addressed to Mr. Potts is in the name writing as "Potts & Co." in the index to this letter-book of the Alimentary Extract Co.—the address of the post-card to Mr. Curie resembles the writing of "Curie" in the same index, but not very closely—I have not had time to express a definite opinion—I can point out similarities if necessary.
Crosa-examied. The two marks at the top of the K has been added after the rest was written, I do not say that they are characteristic marks, they are fainter, and have probably been pressed with blotting paper while the rest of the word has not—I should think anyone could see the similarity between the prisoner's and this writing—a person copying this writing would probably fail in some particulars—he would not be very skilful if he went over it a second time, and altered some letters to make it more like (Explaining the peculiarities of the writing).
Re-examined. Additions are made as frequently when a person is attempting to disguise his writing as when he is attempting to imitate another person's—it is common for people to write a letter, and then put a stroke on to it.
EDWARD CHARLES LUDWIG KBBSSEL . I received these post-cards—I have no hesitation in saying that they are in the prisoner's writing—I am familiar with his writing—these post-cards are in the same condition as they were when I received them from the persons to whom they are addressed, subject to their being rather more dirty—there is no truth in the suggestion that I have touched up or altered them with a view to making them more like the prisoner's writing—I did not write them, myself—I had no grudge at that time against the prisoner, in fact I offered, him 30s. a week, according to his own letter.
Cross-examined. I have instituted this prosecution to vindicate my character; when the prisoner was asked to apologize for these cards he would not, and he denies writing them, and what is to be established is whether he wrote them or not—my character requires vindication—I know the prisoner's writing excellently well—I could see it before me, at any time—formerly I received letters from him—Warsany did not charge me with swindling him—he charged me with altering the counterfoil to a cheque;-indirectly I charged the prisoner with doing it; I said it might be either one or the other who did—under the circumstances I swore that I believed it was the prisoner who had altered the counterfoil—I did not know that to be false—when I said one or the other might have done it, I meant Mr. or Mrs. Warsany or Crepin—I may have sworn at the civil trial that my belief
was that Crepin had altered the counterfoil; I cannot say different now; I assert it now.
MR. PEILE objected to any attempt being made to prove the truth of the Charges in the libel, as no plea of justification had been pleaded. MR. KEMP stated that in tte first place his cross-examination went to the credit of the witness, and secondly, that it went to show that the prisoner did not know the allegations to be false, as was averred in the Indictment, because they were true. MR. JUSTICE DARLING ruled that under Lord Campbell's Act, no plea of justification having been pleaded, the question as to the truth of the statements could not be gone into; but that questions bearing upon the character of the witness might be asked, and it would be for him to decide upon each particular question as it was put, as to whether it was to credit.—I wrote shis cheque for £25—at that time Warsany had paid into the bank certain sums of money to be used in the business and which I was allowed to draw on—this is the pass-book—the counterfoil of that cheque now appears as £2—I believe I wrote the counterfoil as £25; I did not alter it to £2; someone has done so—the last sum I drew out was £10 on November 13th—I wrote here, £45 17s. 6d.; I don't know if that represents the balance at the bank, or what it represents—I don't know that that would be the balance at the bank if that cheque had been drawn for £2 instead of £25—I don't know that I admitted at the civil trial that that £45 17s. 6d. represented the balance at the bank, and I don't know that it did represent it—I said at the civil trial that I told Mr. Warsany I thought the balance was £45 to £48—I did not show or hand him these figures, £45 17s. 6d.—it may have been the balance at the bank, I don't know—I did not represent these figures as the balance at the at the bank—I said at the last trial I may have paid part of this cheque for my rent, but I was entitled to draw £18 a month for myself—that was understood, certainly—I claimed £18 a month from Warsany:—I entered £1 a week in a book and took it week by week, to show Fawpett & Nassit I was not receiving mare, because of the £3 10s. shown in the solicitor's writ, and so that they might not come down on me and claim damages—Mrs. Warsany did chat—I don't say that I was trying to cheat and defraud Fawcett and Nassit—I was convicted in Germany of altering a postal order by increasing the number of marks—I had three months' incarceration—it did not reflect on my character—I was a student in Germany at the time the charge was that I altered illegally a post-office order for 50 marks to 250 marks, by putting a two before the 50; but what I altered was the worthless slip which is left with the receiver of the money—I did not get credit on it—I was convicted because it was left at my lodgings, and my landlord put it in, when he sued me for about 75 marks, to show that I had received 250 marks—the postoffice said it was only 50—I was charged with showing it to my land lord to show him I was getting money from home in order to induce him to give me further credit—I was found guilty of forging a public deed with felonious intention, and of two crimes of attempted fraud—I was not sent to prison, I was kept in the castle like all the students are, and it did not reflect on my character (Mr. Kemp read the record of the prisoner's conviction)—a receiver was appointed on February 5th and he went into possession of the Alimentary Extract Company's premises—in July I did not accept a bill in the name of the Alimentary Extract
Company, the address of the company was on it but it was not accepted by them—when you asked me on the last occasion I did not know better and I was taken by surprise, now I have thought it over and I give this explanation—I don't know what has become of that bill—I never had any money on it; no money was raised on it—it is due—it was not noted and protested to my knowledge—my solicitor was the drawer of that bill, I think—I was the acceptor, and the name of the Alimentary Extract Company was only given by way of address—the bill for £50 drawn by J. R. O. Johnson, due October 9th, 1897, was drawn on me and I accepted it—when I admitted last time that it was on Kressel'a Alimentary Extract Company I did not know, and it took me by surprise—if I swore I was a graduate of Heidelberg University, I am only an undergraduate; I readily admitted it in cross-examination—I have been called Dr. Kressel—I was two years at Heidelberg after my conviction.
Re-examined. The conviction in Germany, was in 1886 when I was 20—a postal order there consists of two parts, an order and a counterfoil—I altered the counterfoil—I did not obtain more than 50 marks—I altered the counterfoil two or four weeks after I obtained the money—I was imprisoned in the castle, where not common offenders, but students are put—during the time I taught the Governor's children Greek and Latin—I think that conviction 11 years ago was known to the prisoner—I deny that I altered the counterfoil of this cheque—I think that charge was made against me on November 16th, last year—for some time after that I remained on friendly terms with Warsany and the prisoner—after that I received the letter of November 30th from the prisoner which begins "My Bear Edward" and ends "Yours faithfully"—Warsany at the last trial was represented by the same counsel and solicitors as the prisoner is now, and pretty nearly all these matters werw gone into there—on that occasion besides the slander I complained of Warsany having incited and procured the prisoner to write these libels—the Jury after hearing the case gave me £5 as damages for the libels—I heard the prisoner object to be cross-examined upon the post-cards on the ground that it might tend to criminate him, after the Judge told him he might avail himself of that privilege if he liked—I accepted this bill in my own name—I never had anything on it—after I left Tübingen I went to Heidelberg and was there for two years—I left there without a degree because I could not pay the fees—after that I was manager of some works in Russia and Vienna, and I have testimonials from the people for whom I managed those works.
By MR. KEMP. The signature to this letter ia in my writing; it is "Dr. Edward Kressel"—I did not deny that I have called myself doctor.
Witnesses for the Defence.
ALBERT CHARLES PHILIP CRBPIN (the Defendant). I live at 20, Paget Road, Stoke Newington, and am a Commission Agent—I was born in Belgium, but I have lived in England a good many years—I have been acquainted with Kressel for seven or eight years—during the last year I was invited by him to go to the office of Kressel's Alimentary Extract Company to assist in making up the books—I was not paid; I did not expect anything; I only did it out of kindness—there is no truth in the suggestion that I altered the counterfoil of a cheque from £25 to £2; I
was not there at the time the cheque was drawn—I was there in November and the cheque was drawn on October 15th—I saw Kressel write these figures £45 17s. 6d.—I asked him when I made the account up on that sheet what was the balance at the bank, and he told me it was about £45, and he consulted a small pocket-book and then wrote down the figures £45 17s. 6d. as the balance at the bank—after that I went on certain occasions with Mr. Warsany to certain people, but it was in the interests of the business, as much for Kreswel as for Warsany, and for the creditors, because I wanted them to be paid—I swear I did not write these post-cards—I had nothing to do with the writing of them—my first knowledge of them was when I heard from my mother that Kressel wanted to serve me with a writ in a civil action—I went and fetched it at Kressel's solicitor's office—afterwards I received notice that they intended to abandon the civil proceedings and start a criminal prosecution, and after that I first saw the post-cards when I went with my solicitor to see them.
Crots-examined. I went with Warsany to the creditors of the business and to some people who were known to Kressel and me—Mrs. Bartholomew was not a creditor of the business; she was a friend of Kressel and an acquaintance of mine—her son had nothing to do with the business—he was a friend of Kressel and an acquaintance of mine—he knew me perfectly well—I went with Mr. Warsany to Church Road, Teddington; I did not see Mrs. Clark there—I did not take Warsany there—I did not go to make enquiries there—Warsany asked me if I would go to Teddington with him, and I went—I did not know that Mrs. Clark was a private creditor of Kressel—I cannot say who wrote these post-cards; I cannot suggest—Potts and Curie were creditors of the business—I knew Warsany had changed his solicitor; I suppose he was dissatisfied with his previous one—I cannot say if people outside the business would know that—I went and saw Mrs. Bartholomew—I do not know if it is a curious coincidence that the post-card says "I will see you again"—I was called as a witness in the Queen's Bench action, and Mr. Earle examined me—I then denied having written any of these post-cards—I was being cross-examined by Mr. Carson when the Judge suggested that if I liked I might claim privilege upon the ground that my answers might tend to criminate me, and I did claim the privilege because I was not being tried there; I wanted to be tried here—the Jury found against Wnrsany £5; I don't know if they found against Warsany for putting me up to writing these libels; he did not put me up to do it—in February I thought Kressel careless, but not a thief and swindler—I did not think him capable of swindling all his creditors and that sort of thing—I was corresponding with him on friendly terms after the affair of the cheque—in February I began going about to these people, after the Chancery action had begun—Warsany is my friend—I have stayed at his house once or twice—I was in the Chancery Court as spectator, not witness, when the injunction was granted—I have been watching these works at Bow Road once or twice for Mr. Warsany, and I have paid some one else with Warsany's money to do so—if I watched the works it was only because Warsany asked me to see that nothing went away—Messrs. Young & Co., who act for me, are Warsany's solicitors—they appeared for me at the police-court—ut the police-court Kressel offered to withdraw the proceedings if a satisfactory apology was given, and I would not apologize.
Re-examined. I would not apologize, because I had not written the post-cards—I could have got off with an apology, but I would rather face this trial—I went with Warsany to Mrs. Bartholmew to make enquires into private family matters in relation to the marriage of a relative of mine—I corresponded with Kressel in a friendly way—I have no ill-will towards him—I am not getting anything pacuniarily out of the Chancery action—Kressel charged me with having altered this counterfoil; I did not do so—I was not there when the cheque was written out—I got the information from someone else and he wrote to Tübingen, and the University people informed him of it, and that was after the write were issued—I did not know anything about it—these papers are in my writing—I got hold of a letter from Kressel's father to him in 1890, and kept it till 1896, and then handed it over to Warsany—I kept it because Kressel was in partnership with me at the time—he left me and wrote to my mother saying he would take means to get into the house to get his things, and eventually he did go in my house, and when I got that letter I went back, and of course looked after my things, and while in the office, underneath a blotting pad, I found letter of his, and that letter I got translated and kept it—I handed it over for my defence after the libel case, not to do Kressel harm—Kressel received it—I don't think he wrote and demanded it back from me—I cannot say for certain—there is no date to this letter, I did not receive it, or I cannot be certain I did—Kressel never got his letter back from me—I handed it over to Mr. Young after February, 1897—I do not think I said at the civil trial that I gave it up in January to Messrs. Young—I kept it because he did not ask for it; I was not going to run after him with it—I did not want to use it against him—I have good grounds to believe that at that time no complaint was made to the post-office of the non-receipt of the letter—no Kressel complained about the letter, but he said nothing about the date of it.
By MR. KEMP. This is the letter—I got it from the office when I was in partnership with Kressel—he had received it and read it before I got it—when he ceased to be my partner he left a number of documents behind him; this was one, and this and other documents have remained in my possession ever since—it is from Kressel's father, I believe—I heard Kressel admit it was at the trial (The letter was read—it stated among other things, that the writer had given up travelling, and was starting a business, and wanted his son to assist him in it; that it was his son's intention to establish a varnish factory, a swindle, too; it gave them proof that he was not tired of his swindling ways: if he did not meet his father's wishes he would be deprived of all connection with his family)—I was in partnership with Kressel in a varnish factory after he received that letter.
GEORGE SMITH INGLIS . I am an expert in handwriting—I have been engaged since 1882 for the Treasury, and have given evidence in England, Scotland, and Ireland on their behalf—I have made an examination of the photographs of these post-cards, and this letter—photographs enable me to judge as well as the originals, but there are finer points to be detected in the colour of the ink, and so forth, in the originals—the conclusion at which I have arrived is that the post-cards are in a disguised
hand, but that they are not written by the person who wrote the letter, who is the prisoner—I have not looked at the origin-ta before; they strengthen my opinion (the witness, pointed out peculiarities of the writing which led to his opinion)— conclusion is that the postcard, were not written by the prisoner.
Cross-examined. I do not think the Potts post-card was, written at the, same time as the others; I have no reason to say that thfi other three ware written at the same time—I think the name Potts, was written at a different time to the rest of that post-card; it is heavier written than the others and with a different pen—I believe I was consulted about this matter in the beginning of the year—I was not present at the trial of the Queen's Bench action—I have not seen the original documents until to-day—my comparison is made solely with this letter of November 30th Giving further details of the peciliarities of the writing)—the "Potto" in the letter-book, and that on the card, are somewhat alike, but there is a good difference between the two; I consider that the write,-of "Messrs. Potts & Co." on the card was copying something, because the difference between the "Potts & Co." and" Creechurch Lane" proves to me that. he did the "Creechurch" in his natural hand, and the "Potts" he copied from something.
Re-examined. The flourishes in Crepin's letter are continuous with the word, and were formed when the letters were formed, but those in the post-cards were added afterwards.
ALBERT FENTON . I am manager of the firm of Lyon & Co., merchants and agents—I have known the prisoner for some time, and am perfectly familiar with his writing—I should say these post-cards are certainly not in his writing—I have known his writing six or seven years—I have been in correspondence with him.
Cross-examined. It seems to me that the style of these is entirely different to his writing—only one of these (The one addressed to Mr. Potts) could be mistaken for his writing, the others are not a bit like in my opinion.
Re-examined. I have had letters from him for six or seven years—if these postcards-were presented to me I certainly should not recognize them—I first saw photographs of them a few days ago; the originals not till to-day-the style of three of them is entirely different.
J. R. O. JOHNSON (examined by the COURT). I am Kressel's solicitor—Mrs. Bartholomew said she gave me this postcard, but she was mistaken—I am not quite clear, but I think Kressel brought it to my office on Saturday, February 13th, or it might be the day before—I kept it, and produced it to Messrs. Young & Son, and gave them inspection of it, and then I handed it to the police court authorities, who retained it, and forwarded it here in due course.
Cross-examined by MR. KEMP. I was the drawer of this bill—it was not accepted by Kressel's Alimentary Extract Company, Limited—Kressel put their name on the bill, so far as I remember, but that was not in any way binding the Company; it was totally absent from his mind, I am sure—I did not draw the bill on the Alimentary Extract Company—the bill is in my safe, I expect, at the present time—I paid it into my bank, and it became due, and my bankers handed it over to me—I think I can pledge my oath that it was not accepted in
the name of the Company—I will undertake to say that it was accepted "Edward Kressel," and then the name of the Company put underneath, simply to identify him—there was no intention of obtaining credit on. that business, I am sure—a receiver had been appointed at that time—when I paid the bill into my bank, the bankers put it to my credit, and presented it to me—it was not dishonoured—I forget if it was protested or noted—Tt was not a bill on Kressel's Alimentary Extract Company—I am sure my client is not to blame over it—it was accepted by Edward Kressel, and drawn by me, I suppose.
GUILTY .—He received a good character.— Four Months' Imprisonment.
NEW COURT.—Saturday, November 27th, 1897.
Before Mr. Common Serjeant.
CHARLES GEORGE MADLEY , I am a porter, of 24, Goswell Road—on Saturday, October 23rd, about 7.30 p.m., I was in Rosebery Avenue—the prisoner, who was with Tool, Small, and others, came and struck me on my face, and said, "What did you want to insult my sister for?"—I said, "I don't know you, nor you? sister either"—Young and the others (there were about six of them) knocked me against the railings; a gentleman spoke to them—Police-constable Collins came up in uniform, and they ran off—I took hold of Tool, and went with him and the constable in the direction of the station—Young, Small, and others sprang out of Myddleton Passage—Young struck Collins in the face, and ran away; I caught him, and handed him over to Cheeseman—I did not see whether Young had anything in his hand—Tool got away—I then saw Cheeseman and Collins struggling with Young and Small—Collin's head was bleeding—Adams and other constables came up—they were all in a heap; Collins was on the ground.
Cross-examined by the prisoner. I was not with eight or nine other fellows—when you struck Collins on the head I was between a constable and Tool—I did not bee you struck by any constable on the way to the station.
Re-examined. Collins' head was sewn up at the station.
CHARLES COLLINS (81 G). On Saturday, October 23rd, I was on duty in Rosebery Avenue—I saw a disturbance, went up and saw Madley holding Tool—he gave him into my custody—I proceeded towards the station with Madley, with Poor in custody—I was just going through Myddleton Passage, when Young and Small struck out at me—Small flew across in front of me, and Young struck me on the top of my head with his list—I fell, and as I was falling he struck me again with his fist—I regained my feet and caught Small—he slipped his coat and got away as I fell—I caught hold of Snall, and kept Young in my sight; he ran into the custody of another constable a little further up the passage—I took Small to the station—I had two blows on the top of my bead, and one on my arm—there is a stab in my arm two inches long—I never felt it, only a hard thud—I was bleeding, I could hardly sre for
the blood—I did not feel that I was stabbed till I pulled my coat off at the station and saw bleeding—the Divisional Surgeon stitched up the wound on my head and dressed my arm—the Inspector examined my coat, I felt faint—I was laid up in bed for a fortnight—I have not returned to my duty.
Cross-examined. I struggled with you—I held my hand out to keep the blow away—I never had you in my custody—several constables came up—I did not strike you.
Re-examined. The blows I received came from the prisoner.
GEORGE ADAMS (381 G). About 7.20 p.m., on October 23rd, I was in Myddleton Passage, Clerkenwell—I saw Collins surrounded by a large crowd at the bottom of the passage—Young had his right hand raised as if he was striking Collins, who had Small in custody—they were about 20 yards off—I ran to Collins' assistance—Young ran towards me—he had something glittering in his right hand—I closed with him—he made a plunge with his right hand, and whatever it was went between my arm and body—I drew my truncheon and struck him across the left side—Worrell came to my assistance, and we took Young to the station, he was very violent all the way—at the station he said "I wish I had jibbed you and some more of the f————,—on putting two prisoners in a cell on the Sunday at 7.40 p.m., Young shouted to Small who was in his cell within hearing, "Darkey, I stabbed at the b—————six times, but I only stabbed him twice"—on the Monday morning when Young was re-charged with attempting to murder Collins, he said, "I am innocent, it was not me that stabbed him at all."
Cross-examined. I did not hear a police whistle—I cannot say if you had one in your hand—I told the sergeant you threw something away—you put your hand behind you as if throwing something away—that was when you made the blow, and it went through my arm—I placed my left hand on your throat, and your right arm was between my left arm and body—the passage is very narrow—the disturbance took place about 25 yards from Myddleton Square end—I went with Robinson and searched for a knifo in private gardens, but not in the New River Company's premises where the dagger was picked up—that is on the other side of the passage—you struggled with me in the centre of the passage—the wall is about seven feet high—I did not find a knife—you were kicking and struggling to get away, and using bad language—I did not use more violence than necessary to get you to the station—you were taken through the gateway to the back of the station because the front is under repair—I did not strike you going to the station.
Re-examined. When I closed with the prisoner I saw something glitter in his hand, and he threw something behind him, when I struck him with my truncheon.
WILLIAM WORRELL (402 G). I heard a shout of "Stab him, stab him," and hurried to Myddleton Passage, where I saw Adams struggling with Young two or three minutes afterwards—there were about 20 people, perhaps—I saw Young throw something behind him which glittered—I looked on the ground in the passage, but could not find it—I looked again, an hour afterwards, but could not find anything—I assisted in taking the prisoner to the station, where he said that he wished he had stabbed half-a-dozen more of the f———b———.
Cross-examined. I did not see a policeman's whistle—at first you were violent, and tried to release yourself—I had hold of your arms—I did not twist them, I led you along properly—I did not strike you, or see anyone do it—at the station you shouted—I do not know who you meant it for; it appeared to be addressed to the police—you were laughing and chaffing in the station going to the cells—I did not knock you about—saw no one do it—I did not hear your bell, nor ask for the doctor.
CHARLES BIRCHMOORE . I live at 113, Barnsbury Road—I am a gatekeeper in the New River Company's Yard, Amwell Street—on Sunday, October 24th, about 11.45 a.m. I found this dagger in the New River Company's grounds, about 46 yards from the end, and about four feet from the wall of Myddleton Passage—there were marks of blood on it, which have gradually worn off—it was not rusty—I had not seen it before—I frequently pass the spot.
Cross-examined. I gave it to the Inspector about 2.15 p.m.—I said at the police-court that I found the dagger 45 yards from Sadler's Wells Theatre—I took the question to be the distance from the end of the passage and said it was 40 to 50 yards from the Theatre; I have since measured and found it to be 60 yards and 2 feet, and from the end of the passage to where I found the dagger 46 yards—the New River wall runs along the passage—Sadler's Wells Theatre is right opposite the passage in Arlington Street—there is 14 yards between the Theatre and the wall.
JOHN ALEXANDER MILLER . I am Divisional Surgeon of Police—at 7.30 p.m on October 23rd I was called 60 examine Collins—I found him in a state of collapse—I had to check the loss of blood and administer a stimulant before I could proceed—I found a wound on the top of his head 3 1/2 inches long, severing the structure of the skull and nicking the bone—I found two large bumps on the back of of head—I also found an incised wound on his upper left arln, two inches lang and an inch deep—his helmet was cut through, and his tunic was cut through the arm at a point corresponding with the wound—the cut on the helmet did not correspond with the wound on the head; it was a separate puncture—there were other cuts on the tunic—tfce wound on his head must have been caused by a sharp instrument driven with great force—this dagger would produce such a wound as was on his head or on the helmet, and on his arm—the dagger is as sharp as a razor—I saw it on the Sunday night—there was a quantity of fresh blood on it then, which has now dried on the steel—the marks are still on it—I sewed up his head and arm—he was in bed a fortnight, and for the first five days he was in considerable danger of his life—the wound on his head has not yet quite healed—I recommended to the Commissioners his being taken for six weeks to the Police Convalescent Home at Brighton—within the first few days his temperature was rising, and he was in danger of erysipelas.
Cross-examined. A sharp instrument like this would not require much force to cut the helmet—there was a out on the helmet and an indentation on the band of it, from the fall.
Re-examined. From the position of the wound on his head and the cut on the helmet the helmet could not have been on his head when the wound was inflicted.
police-station on the night of October 23rd—I asked the prisoner fop his name and address—he gave his name but no address—Collins head was bleeding profusely, and his uniform was covered with blood—I sent for the Divisional Surgeon at once—the prisoner kept up a running comment—amongst it I heard the remark that he wished he had jibbed haif-a-dozen of the f——s—the other prisoners were jeering—I produce Collin's helmet and tunic—they are bespattered with blood inside and out—the helmet was wet with blood when he placed it on his head—the left side of the helmet was cut, penetrating the outer cloth and stuffing and the leather band—the helmets are strong, and great force must have been used—a sharp instrument must have been used—I found two cuts on the right breast of the tunic—one went through the canvas lining and the other through the cloth only—there were also two seperate cute on the sleeve, one passing through the lining an inch on the left arm, and cloth scores where the instrument had touched—I received this dagger from Birchmoore on the Sunday, at 2.15 p.m.—it is new and very sharp—it would produce the marks.
Cross-examined. When searched at the station I found upon you a small pocket clasp knife—it was not a penknife, it was double-bladed, and with a blade two inches long, and a police whistle—when charged you said, "It was not me that stabbed him at all"—you gave your right name and refused your address—you were not Jiving at home.
Evidence for the Defence.
FREDERICK YOUNG . I am an electrician—the prisoner, my son, has been living at home with me—I have never seen a weapon like this dagger in his possession—I saw it at the Court at Clerkenwell—he had a police whistle, which was his sister's present.
Cross-examined. My son was not living at home when arrested, nor for a few days; nor a fortnight—my wife was dying, I was upset, and hardly know; I will not swear within nine days—before that he had slept at home regularly.
In his defence the prisoner said that he never possessed such an instrument, he had only a small knife and a police whittle, and that he refused his address because his mother was dying.
GUILTY on the Second Count (See next case).
49. THOMAS TOOL (18) and MICHAEL SMALL (18) , Unlawfully assaulting Charles George Madley, and occasioning him actual bodily harm. Second Count—Assaulting Charles Collins, a constable, in the execution of his duty. Third Count—Assault to prevent his lawful apprehension.
Cross-examined by Tool. You hit me—my cheek was swollen—I had several blows on my right jaw, and was kicked in my stomach, which caused me pain.
Cross-examined by MR. RANDOLPH. I had several blows from all of them—Young held me against the railings—Small was jostling an old man—I was not going about with other lads.
WILLIAM CHEESEMAN (24 G R). I was in Arlington Street, Clerkenwell, on the evening of October 23rd—I beard somebody say" Stab him"—I went towards the sound in Myddleton Passage—I saw Madley struggling with Tool—Madley told me he had been kicking and punishing him—I arrested Tool, who tried to trip me up by placing his left leg by mine—I seized him by the throat—he said, "All right, governor; I will go quietly"—on the way to the station Tool put his hand in his breast coatpocket and said, "Look here, governor, I have get a knife; I did not stab that policeman, if I assaulted him."
EDWARD CLEGG (Inspector G). I was in charge of the station when the prisoners were brought in, Tool gave his correct name and address—Small gave a false name and refused to give his address, and in answer to what his occupation was, he said "thieving," and behaved with great bravado in the station.
Cross-examined by MR. RANDOLPH: Toung made remarks and the other prisoners were an admiring audience—Small gave an incorrect Christian name his proper name is John Smallbridge—he has never been charged with thieving.
GUILTY on all the Counts. YOUNG**† against whom previous convictions were proved of warehouse-breaking, assaults and robbery. Six Years' Penal Servitude. TOOL** who had been convicted of unlawful damage. Nine Months' Hard Labour. SMALL— Twelve Months' Hard Labour
Before Mr. Recorder.
Six Months' Hard Labour.
Before Mr. Common Serjeant.
GUILTY of an indecent assault.
He received an excellent character.— Four Months' Hard Labour.
Before Mr. Justice Darling.
MR. HODGSON, Prosecuted.
Five Years' Penal Serviude
ADJOUENID TO MONDAY, DECEMBER 13TH, 1897.