CENTRAL CRIMINAL COURT
FOURTH SESSION, HELD FEBRUARY 7TH, 1898.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ., Q.C.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS AND SONS, LIMITED, 119, CHANCERY LANE,
Law Booksellers and Publishers.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
INCLUDING CASES COMMITTED TO THIS COURT UNDER ORDER IN
COUNCIL PURSUANT TO THE WINTER ASSIZE ACTS OF 1879.
Held on Monday, February 7th, 1898, and following days,
BEFORE the RIGHT HON. HORATIO DAVID DAVIES, M.P., LORD MAYOR of the City of London; the Hon. Sir JOHN COMPTON LAWRANCE , Knt., one of the Justices of Her Majesty's High Court; Sir REGINALD HANSON , Bart., M.P., Sir STUART KNILL , Bart., Aldermen of the said City; Sir CHARLES HALL , K.C.M.G., Q.C., M.P., Recorder of the said City; Sir JOHN VOCE MOORE, Knt., FRANK GREEN , Esq., Sir JOSEPH COCKFIELD DIMSDALE, Knt., JAMES THOMPSON RITCHIE , Esq. JOHN POUND , Esq., WILLIAM PURDIE TRELOAR, Esq., JOHN CHARLES BELL , Esq., J. STRONG, 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, hold en for the said City, and Judges of the Central Criminal Court.
RICHARD CLARENCE HALSE, Esq.
CENTRAL CRIMINAL COURT
DAVIES, MAYOR. FOURTH 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, February 7th, 1898.
Before Mr. Recorder.
137. GEORGE MORLEY (18), PLEADED GUILTY to feloniously forging and uttering a receipt for 5s. with intent to defraud, also to stealing a letter, envelope, and post-office order of Elizabeth Millen.— Six Months' Hard Labour.
139. JOSEPH JOHNSON (34) , to feloniously sending to Richard Winifrith a letter demanding money with menaces without any reasonable or probable cause. [Pleaded guilty. See original trial image.] He received a good character.— Discharged on recognizances to come up for judgment if called upon.
140. ALBERT VICTOR STANLEY HOUSSART (25) , to feloniously forging and uttering an authority for the payment of £1 8s. from a post-office deposit account.— [Pleaded guilty. See original trial image.] Judgment Respited. And
LEAR PLEADED GUILTY .
Mr. HARRISON Prosecuted.
JAMES HERBERT FIELD . I am an electrical engineer, of 13 and 14, Victoria Street, Westminster—Lear has been in my employment about five months—on January 13th, in the morning I missed my cheque book from my private drawer which I kept locked—I complained at once to my banker and in consequence of a letter I received from the bank I looked for my cheque book—this cheque marked "A" is from the book—it is not in my writing—I should say it is Lear's writing, and the endorsement is the same writing—the name on the endorse, "Tucker," is that of a publisher of an electrical journal—it is not his writing—I had some conversation with Lear and went to the bank with him and heard that somebody had presented the cheque the day before.
to nine a.m. Gyseman presented this cheque—I said "How would you like to have it post-office—he said he would like to have £30 in gold and four £5 notes—in consequence of what I saw in the corner of the cheque I referred to Mr. Field's signature in the signature book and found it to differ—I said to Gyseman "From whom did you bring this cheque"—he gave me an evasive answer, not saying anything particular—I said "I must detain you while I interview my manager"—after I bad seen the manager I took Gyseman to him, after which he was allowed to go away.
Cross-examined by Gyseman. I do not remember your asking for £3 in silver and £2 in gold and the rest in notes—you did not do so.
EDWIN POLLARD (Detective A). I was on duty on January 14th, in Poland Street, Oxford Street, with Sergeant Bowden—I had seen Gyseman with Lear at six p.m. and had kept watch—about seven I saw Gyseman going into a house, I stopped him and told him I was a police officer and was going to take him into custody for being concerned in forging and uttering a cheque for £50, at 14, Victoria Street—he said,. "I do not know anything about the forgery; why don't you look for the thief"—I told him I had done so that evening and that I should search his room—he said "It is no use your going there, the cheques are burnt"—I went with Bowden, and searched the place, but found nothing—we took Gyseman to Marlboro' Street, and then to Rochester Row, where Lear was, to whom he said "Halloa, you here? had it not been for that telegram I should not have been here"—they were detained and subsequently charged—in answer to the charge, Gyseman made no reply—I found on him nothing relating to the charge, only a pawnticket of a revolver pledged at Birmingham, which I first mentioned to him, and he said, "That is where I should have been now, and I should not have been here."
Cross-examined by Gyseman. I did not know what you meant by the telegram till 2.30 a.m.
ROBERT EDWARD LEAR (the prisoner). I was employed by Mr. Field—I have known Gyseman about six weeks—I was entrusted with the key of my master's drawer in which his cheque book was kept—on January 11th I opened the drawer with the key—I found a cheque book and some cheques which had been used—Gyseman before that had told me if there was a good chance to find anything to let him know—I had met him at a cycle club—he asked me if my master ever posted any money in envelopes, he wanted to meet me and take it—I told him I did not know, and that it would be no good if there was one, because it would be registered, and I would have to bring back a receipt for it—I gave him the cheque book—I took a leaf from the cheque book, and copied a cheque from one that had been used—he told me to copy one, and the way to do it—I gave it to him, and I gave him the cheque book in the evening—he was present when I filled it in—he said it would be all right, he was sure he would be able to change it—he said he had been to the bank with the one I gave him and they would not change it, and I had better write "Tucker" on the back—I did not know Tucker—it was on one of the cheques that had been used—he came back with the cheque twice to 14, Victoria Street, where I had filled up the cheque—I had made a mistake in the initials—I saw him in the evening at Charing Cross—there bad been an accident to a 'bus—he asked me how I had got on—I said I had not
heard anything about it—I said I bad been to the bank with my master—he said I was not to say it was him, or anything about him—I told him that I did say to my master that I knew nothing about it—I was arrested by Sergeant Bowden.
Cross-examined by Gyseman. I sent you a telegram to come at once—when you came back with the cheque that the bank would not change you said, "Write the initials on it"—I copied another—I altered one to "J. H" from the wrong initials "M. R.," or something like that—I rubbed it out with an ink eraser—I hardly know what I did, now—I must have taken another leaf out of the book and written another cheque.
Gyseman's defence: I burnt the cheque book; I did not want nothing found on me.
GYSEMAN, GUILTY . He also PLEADED GUILTY to a conviction of felony at Marlborough Street Police Court in August, 1897.— Eight Months' Hard Labour.
LEAR received a good character.— To enter into recognizances to come up for judgment if called upon.
NEW COURT.—Monday, February 7th, 1898.
Before Mr. Common Serjeant.
143. HENRY THOMAS (19) and ALFRED WHITE (21) PLEADED GUILTY to stealing a case and other articles of Sidney Offenbacher and others—White having been before convicted—Other convictions were proved against White. THOMAS— Judgment Respited. WHITE— Twelve Months' Hard Labour.
144. GEORGE SAUNDERS (18), EDWARD EWENS (17), and JOSEPH PERRY (18) , to robbery on William Bayard and stealing 6s. 1d. his money.— [Pleaded guilty. See original trial image.] Nine Months' Hard Labour each.
MR. ARMSTRONG Prosecuted.
THOMAS FREDERICK WRIGHT . I am a driver, of 63, Hamner Buildings, Tooley Street—on January 6th I was looking into a tobacconist's window in King William Street and saw three men, two of them went upstairs and one stood at the door—one came down with a coat on his arm and ran across the road and gave it to another man—I never saw the man again who stood below, the other one kept upstairs—the prosecutor tool me up and I saw prisoner sitting in a chair—the tailor's shop is over the tobacconist's.
Cross-examined by the prisoner. I am sure three men went in and only two came out, and you are the third.
HARRY SMITH . I am a tailor, of 41 King William Street—on January 5th I was in the back room of my shop, at work—my rooms are on the first floor, you do not have to go through the tobacconist's shop to get upstairs to it—I went out immediately and inspected a coat which hung on the door on a shoulder like this (produced)—I saw the prisoner standing on the landing; I said, "Have you taken a coat of mine?"—he said, "No"—I said, "What have you behind you?"and turned him round and found this shoulder—I said, "If you have not got the coat you have got the shoulder it hung on"—I detained him and the police
came—I had the coat to repair and have paid the gentleman three pounds for it.
Cross-examined. I know you through a neighbour, but I didn't think you knew my premises. I did not come and ask you to lend me eighteen-pence one day and afterwards come and pay you.
GEORGE HITCHCOCK (525 City.) I was called and took the prisoner—he said that he did not know anything about it—the prosecutor gave me the shoulder and said that he found the prisoner on the landing—the prisoner said that he picked it up—he appeared perfectly sober.
Prisoner's defence: I went there because the prosecutor and my master are in the habit of drinking together. I went up the staircase and he charged me. This youth said, "Will you give him in charge." He said, "I will."
T. F. WRIGHT re-examined. I did not see the three men in the street before they went into the shop—the prisoner went in first and the next minute another man went in.
Witness for the Defence.
JOHN WRIGHT . I am a shoemaker, of 41, Fetter-lane—the prisoner worked for me and earned about 30s. per week—he is married and has a family—he bears a good character as an honest, sober man—I had been out with the tailor that day and returned at four o'clock—the prisoner was not with us.
The prisoner received a good character.
— NOT GUILTY .
OLD COURT.—Tuesday, February 8th, 1898.
Before Mr. Recorder.
MR. BODKIN Prosecuted, and MR. HALDENSTEIN Defended.
WILLIAM RECORD (Police Sergeant D). At about 10.30 a.m. on January 7th I stopped the prisoner in Berwick Street, Oxford Street, and said I was a police officer and had a warrant for his arrest, which I read to him—he said, "How did you know that I was here, have you been to my house"—I said, "I have not been to your house"—he was carrying a brown-paper parcel—I took it from him—it contained 24 unfinished teaspoons—I produce a portion of them—there were also 10 finished spoons—I took him to the station and searched him there—I found upon him a piece of silver like a bowl, some seals, medals, and also some crests of hall-marks of various dates—after searching him I went to Nos. 10 and 11, Hart Street—on the second floor at No. 10, in some rooms there which the defendant told me were his, I found this bowl, Sheffield plated, two ewers, one unfinished, and four caddy spoons, a cup with a loose bezil, 30 fruit forks, a number of other spoons and silver articles—I then went down to the basement of No. 11—there was a large safe there—I gave the keys to the prisoner's wife and she opened the safe, and there was a number of fruit forks, one metal pattern unfinished, eight metal fruit forks, 12 fruit, forks which were apparently silver, and a number of other articles.
Cross-examined. I do not remember the prisoner asking me to break it quietly to his wife when I arrested him—he may have done so at the station—I had no difficulty in examining his house—Nos. 10 and 11,
Hart Street, consist of flats—the basement in No. 11 is his workshop—you enter from the street properly, bat we went through a passage—they are two separate houses—I don't remember finding in the basement a tin box—there may have been one—I saw some metal forks in a tin box—I did not take them away—the forks were in a tin box in a large safe—they were amongst a lot of other metal goods—there were a lot of books there also—there was a lot of scraps and pieces of wire and scraps of tin, and some on a piano in the sitting room.
By the COURT. I had had some information before I searched this place—I went there in consequence of inquiries.
GEORGE CROW . I live at 31, Fitzroy Street, and have a shop 41, Beak Street, Soho—I am a castor of gold and silver—I know the prisoner as a customer—he has been a customer since December last—I have done casting for him since then—I did not know where he lived at first, I did afterwards when I sent some goods home for him—that was in December from the 6th to the 8th—he never told me what his business was and I never asked him—to make these things I had to use a mould of sand in an iron frame—that leaves an exact impression—the sand is worked damp—it then takes the impression very readily. On December 6th, I delivered some articles to the prisoner I had them from him a day or two before—I received nix spoons to cast, two from each mark making 12 in all—the spoons he gave me were silver and I was to cast them in silver—there were some marks on the back of the spoons, I did not know what they were—I know now that they are hall-marks—the castings I produced also bore the hall-marks—the prisoner called for them himself—I was paid 19s. 5d.—I charged him for the metal—a few days before the 18th, I received six small fruit-forks from the prisoner, and also one bread-fork—the fruit-forks were in silver and the bread-knife was in brass—he asked me to cast four from each of the fruit-forks and six from the bread-fork—but I only delivered five at that time—I was to cast 24 altogether from the fruit-forks and six from the bread-fork—that was in silver also—he said the six forks had old Dutch marks on them—I knew nothing about hall-marks at that time—the castings I made had the same appearance as the originals—there were no marks produced on the castings of the bread-fork there was some wax over the marks—I do not know what they were—I did not take it off to see what was underneath—I had never seen hall-marks on such a place before—the mould showed the mark of the wax—I delivered these articles on the 18th—I was paid £2 14s, 5d. for them—I cast them from the same silver pattern as I got the silver forks from—the forks in gilding metal and the forks in silver were all the same pattern—the mark came out as we see it there—those forks are the same pattern as those I cast—they are not in the same condition as when they left me—they were very rough and black when they left me—when he gave me the patterns to cast, he said "get them out clear"—there is a way of getting them out clear with extra care—I did my best to bring them out clearly—on the same day, December 16th, the prisoner gave me some caddy spoons—he asked me to cast two from each of the patterns, making four in all, in silver—they bear some marks on the back, I know now that they are hall-marks—I cast them—before doing so I wiped the hall-mark out—I did that because he did not ask me
to produce them—they therefore did not bear any marks on the back—the prisoner came to me a day or two afterwards—I gave him the spoons with no marks—he said "What the devil did you take the marks out for, they are no use as they are"; I said "If they are no use I will do them again"; he said "Yes, but look at the delay and disappointment to my customer"—he did not give me the, name of his customer—I cast fresh ones producing the marks—the prisoner called and I gave him the castings—I had to make a fresh mould—I did not keep four spoons of the first casting, I kept the whole—the second lot bore the marks and I handed them to the prisoner—those produced are the ones, and they have been finished since they left my place so that I cannot swear to them—on January 4th the prisoner came to me again with some silver spoons of a small size, and six larger ones as patterns—all of the 10 had marks on them—he asked me to cast three from each of the four patterns, and two from each of the six patterns, 24 in all—I did so—those are the spoons—I cast them in silver—those two sets bore the same marks as the patterns—I handed those to the prisoner on January 7th—on January 6th the prisoner came to me with some old silver—he wanted me to melt his silver for the casting of his spoons—I examined the silver; he remarked as to it having on it solder—I had to cast some spoons for another customer but I could not use his silver, and I used some of my own.
Cross-examined. I did not make a statement to the Goldsmiths' Company—I went to Mr. Thomas, my solicitor, for advice—I did not go to the prisoner and say that I thought it was illegal, because I only just found it out when I went to Mr. Thomas—I heard it was a Dutch mark, but did not know if it was correct—Mr. Thomas did not know—I went to him after the prisoner had told me it was Dutch, because, when I told one of my customers that it was a Dutch mark he said, "You are Dutch"—I think I should know the difference now—I have never been to the Goldsmiths' Company—I do not know anything about a reward—my solicitor only asked the Company if they would recompense me for loss of time—I reminded my solicitor of my loss of time—I left the amount for him to decide, I left my interest in his hands—I do not know if that fork is the one I made—this one is the pattern I worked from—I cannot swear to this fork because it is finished—the finished one is silver, but the other one is brass—the prisoner never told me when he brought the fork to me with wax over the place where the hall-marks were, that they were English marks, and that they must be covered up—I have had base metal brought to me to make silver articles from, with old marks on it, but not with the marks covered—I have never seen them cover the marks—I have seen the marks covered on silver, but not on base metal—I said at Bow Street that I was accustomed to wipe out the marks on base metal when I was an apprentice, by the order of my master—I obliterated the marks on the mould, not on the pattern—I do not pretend to know anything about hall marks—people bring me the stuff to cast roughly and then the makers take it away and finish the work—I noticed that the patterns on the spoons were different, and I should have to take mouldings for each one—I know nothing about the Dutch designs—I have no recollection of the prisoner telling me that they were Dutch—I did not say before the Magistrate that I had no reason for doubt when the prisoner mentioned that they were Dutch—he
only told me that the spoons were Dutch—I cannot say if they are all the same—I have on numerous occasions taken his broken silver from him which I have used for his purposes and for other people's purposes—it is not customary for my customers to mention their customers' names.
JAMBS FIELD . I have been for 34 years assay officer of the Goldsmiths' Company—I had previously been a practical silversmith—the Goldsmiths' Company had the duty of assaying and marking silver articles—they had to be marked with the lion, the serial date, and the Sovereign's head for the duty payable—registers are kept of those marks—it is the practice for makers to register their names—there are registers for many jears back, from 17So to 1800; there are marks of the lion and the leopard's head and a crown—the Company mark the articles in a particular way, differently, according to the article—the prisoner has had articles registered with the Company, and also his wife—this cream ewer with a circular bezil bearing a genuine London hall-mark of 1800—it bears the maker's private mark, F. G. E. W. and L. B., that is the maker's mark—the bowl of this spoon is silver—the hall-marks are on what we call the lip—there are no marks on the bowl—if the spoon was complete the marks would appear on the stem, above that part which is broken off, meeting the bezil round the ewer, it would be marked in the way in which the bezil was marked—looking at the unfinished ewer, that is silver with a square bezil, it is formed of four sides, on one of which is a hall-mark—I am able to trace it—that is quite a modern mark—in 1814 there 'had been a maker's mark, but I have not been able to trace it—I have assayed that, it is made of four different assays—this little circular strip of metal bears a genuine hall-mark of 1800—I think that has been part of a cover, it might have been of a coffee pot—that strip of itself would not be hall-marked by the Company, it must have been taken out of something—this little bowl bears genuine hall marks of 1801; I think this has been the bottom of a tea or coffee pot, it has been deepened by hammering or beating—this body is of modern make, this bowl part will fit it perfectly well—this large bezil bears a genuine hall-mark of a date between 1670 and 1880—it is impossible to say what sort of article that has been taken from—it fits the bottom of a cup—it represents a date of 1680, which would be very valuable—these two sets of caddy spoons bear the genuine hall-mark of the lion, the date letter, the leopard's head, and the date of 1800, and the letter W. of the maker's name—we have the maker's name registered as W. T., 1880—that might be the initials of W. Tweedy—there is a great difference in the value of old silver and its, intrinsic value—two of this bundle of 12 silver teaspoons have been finished by the Company as specimens—they represent the lion and the maker's initials, W. T.—when finished and polished they represent antique spoons—three of these six gilded metal forks bear the lion, and the other three bear the lion and the king's head, also the maker's initials, S. M., Samuel Molton, registered from 1784 to 1878—the registers of the Goldsmiths' Company are open for inspection to ascertain the date of an article—these marks are not genuine—they resemble genuine marks—the Company would not register them—these forks have been gilded by the Company—these marks would be looked upon as
genuine by an unskilled person, who would not see any difference—some of these 12 silver forks bear the lion and the king's head—they are silver cast, they also bear the initials S. M.—they are exactly similar to those I spoke of before, but they are not genuine—they are marked with the lion, and the maker's initials W. T.—the lion is not a genuine mark—it resembles it—these four spoons have been finished—the number of articles which I say are not genuine hall-marks are more than 60—17 of these caddy spoons bear the marks identical with the other spoons I have spoken of, except those have been finished and these have not—this article, number 17, is composed of two silver teaspoons—they are marked with the lion and the initials W. T.—they are not genuine—none of these marks are Dutch—they are totally different from ours—foreign plates in this country are not lawful unless they are assayed and marked—these have no appearance of being so marked—I know the defendant—I have seen him at the Hall once or twice—I believe he has brought foreign plate—my knowledge is only derived from books—most of the foreign plate comes to us through the Customs.
Cross-examined. I don't know what reward is offered by the Goldsmiths' Company—I never heard of it—I am not an expert of old marks—I have had experience of them—old silver is brought to the Hall sometimes for the experts—I am not the official who gives advice as to old marks—I was apprenticed to a silversmith, and afterwards employed in the trade—that does not especially show any knowledge of old silver—it certainly requires an expert to distinguish between the different marks—I don't think that dealers in the old trade would mistake Dutch marks for old English marks—before the Magistrate I did make a mistake as to the maker's initials, but I corrected it at a further hearing—if these spoons and forks had on them the English marks there would be no need to take them to an assayer to say that they were standard silver—if a dealer believes them to be English marks, that would be sufficient for them—I know the firm of Johnson & Mathay—they are one of the first firms in this respect—after being what is called "pickled" and "annealed" they would not appear to be new pieces, there would be certain marks of wear on the ridges—those would not be lost in the fire—there would be certain signs by which you could tell—the hall-marking now is done with more particularity than it was 100 years ago—I have never seen one marked on the foot or on the base—I think I have seen one on the bezil, that is uncommon—I have, on several occasions, marked articles for the prisoner—his name is on our books at the Hall—I don't know anything about Birmingham, I believe they do mark there for less than we do—I have looked at all the articles produced—I have not found a single article of base metal—if there were any of foreign make I don't think it would be any offence to duplicate them in a fresh pattern, it would be an offence against the Customs—I suggest that this mark comes from the bezil of a cover, to all appearance the mark on one of these both is better than the other—they could be filed to the same thinness or thickness—it could be converted into a wine taster, that would be an offence against the Act of Parliament; this bears the date of 1800—as old plate it would fetch 15s. an ounce—the mark would have to be on the head—on a mere glance the mark deceived me, but not on a closer examination.
SIR WALTER PRIDEAUX . I am one of the firm of Prideaux & Sons—I have been clerk to the Goldsmiths' Company a number of years—no reward has been offered for the articles produced by the Company, nor given—the Company make no profit by stamping them—profit is forbidden.
Cross-examined. There was one particular case only in which a reward was offered.
JAMES MORTIMER GARROD . I am a gold and silversmith, of 24, Haymarket, with 49 years' experience—I have looked through the articles produced—I am acquainted with Dutch marks as well as English marks—I find no lion marks differing from those of English articles—these may be taken for English hall-marks by the inexperienced—these are cast marks.
Cross-examined. I believe I have had the largest experience in London—I have been a warden of the Goldsmiths' Company—the process of pickling, airmailing, and hammering would not cause them to deceive a skilful workman—this pot is imperfect, and does not represent its originally intended shape—I could make anything, but these do not represent the shape nor marks of the period of 1800 nor up to 1797.
Evidence for the Defence.
CHARLES TWYNHAM . I am a silversmith, of 72, Maitland Street, Holloway—I was in business at St. James' Street, Clerkenwell, years ago, and had left on my hands a large amount of stock—I am now a journeyman—I was in business about nine months, about 13 1/2 years ago—I sold my stock from time to time—I sold Weil some forks similar to these last year—I think it was in August but I did not book it—I do not keep any books—I also sold him some caddy spoons like these—I took them to Johnson & Matthews because I had a doubt of their being standard—I have been a silversmith about 40 years—Johnson & Matthews are essayists—I told Weil I thought they were foreign—I did not trouble to take them to Goldsmiths' Hall—they could have told me whether the marks were genuine—it is the custom of the trade to make patterns from gilded articles—not with the marks on—as a rule I never see patterns cast with marks on—the marks ought to be left—I have seen casts with foreign marks on.
Cross-examined. I have no business address, I am a journeyman—you could not tell if it was old or new silver after it had been annealed, pickled, and new moulded, if the bruise is taken out, because it has been through the fire several times, and not simply polished—I have been giving an address of 14 years ago, when I was in business—I have one or two articles left at 72, Maitland Street—I have some spoons with the Queen's head on, and a spoon or two which have gone through the Hall—I have been at my address 19 years—I lived there when I was in business—I sold last year against the law, but the license would come to about half a dozen times the amount of goods sold—I do not think I sold anything else—nothing new—no inquires were made—I have not seen a London hall-mark like this on this caddy spoon—I have been in Court all day—I did not dispose of these cream ewers—the mark is unique—the body corresponds with the base—the besil has been soldered—it has been scraped—this part is all in one piece.
Road—I have known the defendant five or six years as a respectable dealer—I have given him orders—I never had anything from him that was not sterling silver—I am a gold and silver smith—I have seen ewers with a similar mark on the bezil—though it is exceptional—in the course of my experience I have seen a dozen—I should not like to pass an opinion on the value of this ewer without a microscope—it is nearly all ailver—when burnished it would be difficult to tell whether it was new or old—if old the value would be 10s. 6d. an ounce, if modern 7s. 6d. to 8s. 6d.
Cross-examined. I last gave the prisoner an order in December—it was for a modern cup, with the usual four marks—that is the maker's name, the year or the date mark, the date letter and the diem—"E" represents 1800—there are five marks with the duty mark, but one is worn off this ewer, but they are always imperfect.
JOSEPH DOXEY . I am a silversmith of 5, Catherine Street, Strand, old silver that has been battered about and afterwards annealed, burnished and pickled cannot be distinguished from new unless the old mark is there—the base is not taken off to repair the ewer, unless it has been knocked in, then it would require it to make it good at the bottom.
WILLIAM BRIER . I am a gold and silver dealer and refiner, of 53 and 54, Barbican—I have given Weil orders for small articles such as Dutch toy articles to copy and work up—I found him honest and respectable, he never brought me base metal.
Cross-examined. I should quickly detect base metal, that is my business—I gave him orders which he executed punctually—he is fairly skilful.
The prisoner received a good character.
GUILTY.— Judgment Respited.
NEW COURT.—Tuesday, February 8th, 1898.
Before Mr. Common Serjeant.
147. FITZHERBERT CECIL WILLIAMS (44) PLEADED GUILTY to six indictments for stealing six railway bonds for 1,000 dollars each, and other bonds, the property of Thomas Layton and another, his masters.— Three Years' Penal Servitude.
148. GEORGE EAMES (20), ARTHUR MILLER (19) and HENRY NEWMAN (20) , to two indictments for burglary and stealing 431 postage stamps, four dozen pocket-knives and other articles, Miller having been convicted at Clerkenwell on June 1st, 1896. [Pleaded guilty. See original trial image.] EAMES and MILLER— Nine Months' Hard Labour each; NEWMAN— Six Months' Hard Labour. And
150. TEDDY DONOGHUE (16) , Feloniously wounding Elizabeth Hans, with intent to do her grievous bodily harm. The prisoner stated that he was guilty of unlawfully wounding, upon which the JURY found that verdict. — Discharged on Recognizances.
MR. COLLINS Prosecuted.
Hackney, on October 11th, about 12.30, I was standing on Fortescue's Wharf, by Blackfriars Bridge, waiting for the shoot—the prisoner was there, and another man—when the prisoner saw me he had a "scotch" in his hand—and then a train came over the bridge, and he caught hold of me and I fell over on to the barge—I caught hold of his coat as I fell and I heard that he fell on top of me, but I do not know whether he fell with me—my leg was broken—I fell about 10 or 12 feet—I have known the prisoner about three or four years—he had a bit of a spite against me—we had a little bit of a tiff about it on Saturday—he said something about my missus, and he had his revenge on me.
HENRY HOWARD . I am a carman, of 11, Wharf Road, Hackney—I was with the prosecutor, on October 11th, about 12.55, at Fortescue's, and saw the prisoner—I was the next to shoot a load—he could not get rid of his load of rubbish, and as soon as he saw the prosecutor he ran at him twice with a piece of wood in his hand; but I cannot say if he struck him or if the cut on his forehead was done by the fall on the gunwale of the barge—they both fell together—the prosecutor became insensible, and he laid down near the prisoner, and I ran down and got him off—I did not see any more of the injured man, he was taken to the hospital.
By the COURT. He deliberately caught hold of him and threw him, and as he threw him the prosecutor caught bold of him, and they went over together.
GEORGE ASTON (215 City). I took the prosecutor to St. Bartholomew's Hospital, on October 11th—he made a statement—the prisoner was brought there—I told him that in consequence of a statement made by the prosecutor, I should take him "into custody for striking him on the head with a wooden "scotch"—he said, "I did not hit him with anything, we were only larking about"
JOHN JOHNSTON GRACE , F.R.C.S. I am house surgeon at St. Bartholomew's Hospital—I remember the prosecutor being brought in on October 11th—he had a compound fracture of both legs, and a wound on the right side of his forehead which might have been caused by a blow with a blunt instrument, or by a fall—he is better now, the smaller bone of his leg has united in one place; but he is an old man—we may be able to do something for him—his leg is now in plaster of Paris; I saw it a week ago, and saw what it was like—it most probably will unite—the bones should have united by now—it is very rare for them not to unite—if they do not unite, he will be a cripple for life.
MORRIS COLEMAN , M.R.C.S. I am house surgeon at St. Bartholomew's Hospital—I saw the prisoner on October 11th—he had a simple fracture of two bones in the left leg—I think he will be able to do some work in a month—the prisoner had no bruises on him.
The prisoner's statement before the Magistrate: "I never intended to put the man where he was."
Prisoner's defence: "I have worked there six or seven years, and should not do such a thing as that, and I do not recollect anything about it."
GUILTY of Assault, but the JURY considered that the prisoner did not intend to break the prosecutor's leg .— Judgment Respited.
OLD COURT.—Wednesday, February 9th, 1898.
Before Mr. Justice Lawrance.
152. ALEXANDER ERNEST MORGUES (18) PLEADED GUILTY to feloniously sending two letters to Walter William Woolnough demanding money with menaces without any reasonable or probable cause, and to a previous conviction on October 19th, 1896.—
Fifteen Months' Hard Labour.
(For other Cases tried this day see Surrey Cases.)
THIRD COURT.—Wednesday, February 9th, 1898.
Before Mr. Common Serjeant.
Mr. GEOGHEGAN Prosecuted.
ALFRED JOHN KIDDELL —I am a licensed victualler of 215, Upper Thames Street—the prisoner came into my service last November as potman—my wife keeps her jewellery on a tray on the dressing table and in a drawer—she missed three gold and diamond rings, a sapphire brooch and a diamond bracelet of the value of about £60—on November 19th, we employed two barmaids and the prisoner—they took breakfast in the kitchen upstairs—I generally come down in the bar about 9.30 a.m. rising about 6.30—Mrs. Kiddell does not fully dress or put on her jewellery till the afternoon, having to attend to the house work—on November 19th, I left the jewellery safe on the dressing table in the bedroom about 9.30, the drawer being unfastened—rot seeing the prisoner in the bar I searched for him and about 10 minutes later told him to clean the beer engine—he went upstairs for the hot water—20 minutes or half an hour afterwards I noticed the private door open—it locks and bolts inside.—I then went up to the bedroom and missed the jewellery—a gold bracelet was left in the drawer—I put the matter into the hands of the police—on January 12th, I went with Serjeant Benson to Colchester—in the cavalry barracks I found the prisoner who had enlisted in the 1st Dragoon Guards—I owed him some wages, he left behind him an overcoat, a pair of trousers and a pair of boots.
HARRIET KIDDELL . I am the wife of the last witness—I pay the servants—I paid the prisoner 6s. a week—he disappeared on Friday, November 19th—I had paid him up to the Tuesday—I came down stairs on November 19th about 7.30 a.m.—that was before my husband came down—I went back to the bedroom about 9.30 or 9.45, when the prisoner was missed, in consequence of what my husband said—I do not wear my jewellery till the afternoon—on November 17th nnd 18th the prisoner had no right in the bedroom about three p.m.—I was then wearing my jewellery in the bar.
Cross-examined by the prisoner. I had said that the windows would want cleaning during the week—I did not say any particular time—part of your work is to clean the windows—I have left my jewellery in that way for about 12 years.
fortnight—I had held a situation in Bermondsey about six weeks—before that I had been in the country—Mrs. Kiddell did not have a character with me, she could have if she had asked for one—the prisoner was employed as potman—on Wednesday, 17th, and Thursday, 18th, I saw him go into this bedroom in the afternoon—we dine at two or 2.30 p.m.—it was after that—he said he was going to clean the windows when I asked him—he did not clean the windows—on the Friday he came into the kitchen to breakfast between 9.30 and 10 a.m.—I left him there—no one was in the bedroom—I went upstairs—I came down halfanhour afterwards—he had gone then.
Cross-examined. You went in both days, you said, to clean the windows before you had to do the pewter.
SAMUEL BASON (City Detective). In consequence of information I received I went with Mr. Kiddell to Colchester on January 12th—at the cavalry barracks I saw the prisoner who had enlisted in the 1st Dragoon Guards—I charged him with stealing jewellery—he said he knew nothing about it—he reserved his defence—when the charge was read to him at the station he said he knew nothing about it, and "The reason I left was because the governor jawed me, and I will be jawed by no man."
NOT GUILTY .
MR. GUY STEPHENSON, Prosecuted.
JOHN HENRY FRASER WALTERS . I am a Justice of the Peace for Norfolk—I live at Drayton House, and Old Capham, Norwich—I am a director of the Norwich Union Fire Association, in connection with which I made the prisoner's acquaintance in 1893 and 1894—he stayed with me as my guest from September 28th to October 1st, 1895—we are both interested in, and have sent each other, stamps—I have received the letters produced amongst others from him—I first saw this bill for £375 on January 28th—the signature, "John Henry Walter," and the letter of January 4th, 1898, are not mine, nor by my authority—I know nothing about them—the signature is like mine—[The letter purported to come from the prosecutor, and enclosed the bill of exchange, and stated, "I have never done this before" and complained of the prisoner not keeping his promise about some stamps]—when the prisoner was charged he looked me hard in the face, and said, "This is a bad business, I hope you will forgive me; I have been lead into it by others," and he hoped I would say no more about it—I said I was very sorry, but could take no other course—he said he did it.
THOMAS ABBOTT (City Detective). On January 28th I saw the defendant at Chiswick—I said, "You are Mr. Hoffmann?"—he said, "Yes"—I said, "I am a police officer of the City of London, where I am going to take you—you will be charged by Mr. Walters, of Norwich, with forging a bill of exchange drawn and endorsed by you, purporting to be accepted by Mr. Walters"—he said, "Yes, yes"—I said, "You call yourself G. A. Hoffman?"—he said, "Sometimes"—I showed him this letter, and said, "That is also a forgery"—he said, "Yes; shall I see Mr. Walters?"—I said, "Yes, when we get to the City"—in the train he said, "Do
you think there is any chance of getting this charge withdrawn?"—I said, "That is a matter entirely for Mr. Walters"—at the station, before he was charged, I heard him say to Mr. Walters that he had been led into this by others—these letten were handed to me by his wife at his house—this one I found in bis overcoat pocket, which was handed to me by the wife (An enquiry about discounting the bill).
GUSTAV FRANK . I am a merchant, of 50, Lombard Street—I have known the prisoner a couple of years—I received this bill and letter on January 5th—the bill, except the signature, is written by my clerk—it was brought to me accepted—I did not discount the bill because inquiries I made were not satisfactory—I had the same day advanced the prisoner, by cheque,£50, but not in connection with this bill.
Cross-examined. You gave me two bills that day, which were written out in my office—this one may have been written at my house—I was not pressed for money—you said you were going to raise £10,000 on some property—I took you to the Commercial Bank of Scotland—I did not ask you to get bills to discount, no matter where they were, so long as the people existed—you told me this was Mr. Walters' signature—you never told me you had got someone to write it without authority—you gave me another bill on November 27th—I have discounted other bills.
Cross-examined. You did not tell me subsequently that you had done it, nor that you had made out a bill for £500.
JOSEPH MAITLAND WILSON . I live at Langbam Hall, Bury St. Edmunds—I never knew the prisoner—this bill for £500, signed "A. Hoffman," is not accepted by me, nor by my authority—I know nothing about it, nor how he got my name—the letter signed "Joseph Wilson" is not mine.
[The prisoner, in his defence, stated that he had no intention to defraud, but to retire the bills.]
GUILTY . There were three other indictments against the prisoner.— Five Years' Penal Servitude.
MR. COLLINS Prosecuted, and MR. WILLS Defended.
EDWARD BRAGG . I am a dealer in fine art property, at 26, Great Chappie Street, Westminster—about 9.15 on June 15th, 1896, the prisoner called and asked me if I knew De Waller—I asked, "Where?"—he said, "Of Birmingham"—I said, "I did"—he said, "De Waller had come to London and was staying at an hotel, and he had sent him to know if he had anything special"—I told him I could not attend to him then, but if he would bring De Waller with him I would show him a sapphire bracelet value £7 10s.—he said, "That would suit De Waller"—he said, "If you will let me have it I will go, and come back, and let you know whether it will suit him"—I told him I could not think of that sort of business, and suggested going to the hotel to show it to him—he said, "Very good"—we left the shop together—when within 20 yards of the hotel he said, "You had better let me take it up"
—I said, "I do not do anything of the kind"—he said, "Will you wait here, and I will go and see?"—he went and spoke to the porter, and returned and told me De "Waller was engaged, and asked if I would like to send it up—I said, "I shall do nothing of the kind"—he said, "We had better wait till the morning"—I said, "Very well," and we went into the Round House, Great Chappie Street, had a glass of beer, and arranged to meet at ten next morning—I was with him about half-an-hour—I left the shop about 10.10 next morning, and was away about an hour—on my return I found a man named Nicolay in the shop—my assistant spoke to me—I missed a diamond brooch and a sapphire bracelet, which together cost £19 10s.—I gave information to the police—Nicolay was arrested and has been convicted of stealing the property—I identified the prisoner at Edmonton from nine or ten men without Difficulty.
Cross-examined. I am not aware that any of the nine or ten men I, were policemen—I may have seen him before about Hatton Garden, but I know the face well.
Re-examined. The men were in a circle, and the prisoner was the fourth on the left.
THOMAS PHILP . I am assistant to Mr. Bragg—on June 16th the prisoner and a Mr. McCulloch came into the shop, about 10.30 a.m.—the prisoner said he had just seen Mr. Bragg, and had come with a friend to look at the sapphire bracelet—Mr. Bragg's son, who was dressing the window, asked me to hand the bracelet—McCulloch sat on the other side of the table, and the bracelet was handed to the prisoner, who handed it to his friend—the prisoner then-asked young Mr. Bragg to show him a diamond snuff-box, which was handed to him—he received the bracelet from McCulloch—after they had looked at them a few minutes the prisoner asked for some small articles of jewellery to be handed to him from the window, which was done—these were looked at—the prisoner said, "Do you know Russian?"—I said, "No"—he said, "Can you speak French or German?"—I said, "I can speak French and German fairly well"—he said, You won't understand what we are talking about, because Russian is the language we jewellers make use of"—he came from the table and said, "I think I will take this bracelet, perhaps you can give me a piece of tissue paper to wrap it up in"—whilst I turned for the tissue paper the prisoner went out of the shop noiselessly, with the bracelet and snuffbox, which have not been recovered—I went to the door and looked up and down, and walked up and down the street, but did not see him—I returned to McCulloch and said, "Your friend has gone away with the bracelet and diamond snuffbox, I do not like it at all"—McCulloch said, "He has only gone away to show it to a friend, he will be back"—three or four minutes after he walked quietly out of the shop—I followed him—he was given into custody—he was convicted at Clerkenwell and sentenced to 12 months—on January 6th I identified the prisoner at Edmonton from seven or eight—I have not the least doubt of him—I recognized him as the man who had called the night before, or I should not have trusted him.
Cross-examined. I had opportunities of seeing the prisoner during an hour and a quarter on the 15th and about a quarter of an hour on the 16th.
GUILTY .— Twelve Months' Hard Labour.
MESSRS. ARTHUR GILL and HODGSON Prosecuted.
WILLIAM HAYNES (302 Y). On October 4th, 1896, about eleven p.m., I was at the Junction Road police point with McCarthy (252 Y)—I saw the prisoner with Sidney George, and Charles Chamberlain coming along Junction Road, holloaing and shouting and using filthy language—opposite St. John's Road I requested them to desist several times, they did so, but commenced again their disorderly conduct—I followed and spoke to them again—McCarthy was behind me—I was struck a violent blow by Charles Chamberlain, and in the right eye by Sidney George—then the prisoner attacked me with blows on my head—I fell and became unconscious—I was helped by two private persons and taken to the police station—I was examined by the divisional surgeon—my face and tunic were covered with blood—there is a stab through the centre plate of my helmet, and four corresponding marks on the top of my head—I was on the sick list seven weeks—I identified the prisoner at 11.15 on January 15th from nine others, without difficulty.
Cross-examined. I did not know you—I took out a warrant to arrest the three men—your name was in the warrant.
Re-examined. The brother was taken into custody the same night.
WILLIAM MCCARTHY (252 Y). I was with Haynes and crossed the road to speak to the three men—I saw their faces—they went about 50-yards and commenced shouting again—I saw the prisoner and Sidney George strike Haynes about the face—he fell—I was about 10 yards behind—I rushed to Haynes' assistance, and I received a blow on my mouth from Charles Chamberlain—I closed with him—we both fell—I blew my whistle while on the ground—I saw the prisoner and Sidney George get off Haynes and leave him insensible on the ground—two gentlemen picked Haynes up and another gentleman came, to my assistance—I took Charles in custody, and the two gentlemen took Haynes to the station where he was seen by the divsional surgeon—I had not seen the men before.
PATRICK WHITE RATTRAY . I am surgeon of the Y Division—I saw Haynes about 11.30 on October 4th, 1896—he was suffering from nervous shock, had lost a great deal of blood, and on the left side of his neck, face, and scalp were seven separate and distinct stabs caused by a knife—the most serious wound was in the neck, it was about 1/4 in. long and 3/4 in. deep, opening the wind pipe—the next dangerous wound was behind the left ear, 1 1/2 in. long and I in deep, near the vital structure of the neck—below the ear was another wound on the left cheek, 3/4 in long, another on the temple, 3/4 in. long and 3/4 in. deep—this corresponded with the helmet stab—there were three other wounds of a corresponding character—he was on the sick list seven weeks—he has now quite recovered—he was two months from duty.
THOMAS RUSSENT (637 Y). In January this year I saw the prisoner about 11.15 p.m. in the Hoiloway Road—I told him I should arrest him on a warrant for unlawfully and maliciously wounding police constable Haynes on October 4th, 1896, &c.—he replied, "I know nothing about it, you have got the wrong man"—on the way to the police station he said, "If I had known you had been coming I would have had two or three bits of lead ready for you"—about 10 yards from the station he
said he wanted to see the warrant—I told him it was not worth while, I would show it to him when we got to the station—the warrant was read to him—I had seen him before, T believe he is a native—I had been searching for him—his brother Charles was sentenced to five years.
ALBERT MITCUINER (17 Y). I took the charge against the prisoner—I read it over to him—he replied, "I know nothing about it I can bring witnesses to prove that I was not there."—I asked if I should communicate with them—he replied, "No, I may as well be in prison as out."
The prisoner, in his defence, stated that he had been sentenced at the North London Police Court to three months' imprisonment, and had promised to go out of the neighbourhood; that he went to Southend, and when he came back he was arrested; that 10 years ago he had been apprehended in mistake for his brother on a charge of stabbing, and had never been able to work since in the neighbourhood, and that he knew nothing about this case.
GUILTY **— Five Years' Penal Servitude.
MR. COWEN, Prosecuted.
JUAN SANCHEZ (Interpreted). I live at Prince of Wales' Crescent—on January 19th I was in the Chalk Farm Road with my can, selling baked potatoes—I knew the prisoners—they came and took some potatoes—I said, "Tou must not take them, because I have to account for them to my governor"—Cove struck me on my right eye with a beer pot "Langley offered to fight—I refused—he gave me a blow on my eye with his fist—I threw him to the ground and fell on the top of him—I was stunned—I missed 1s. 6d. silver and 2s. 6d. coppers from my left trousers pocket—when I recovered and tried to take my can and barrow, Cove upset my potato can in the street—Fraser came to my assistance.
HERBERT ALFRED FRASER . I am a leather-seller's assistant—I live at 17, Frederick Street—I saw the prisoners enticing the prosecutor to fight—they said "Wont you fight like ft man?"—he said "Me want no fight," and wrested one of them away from his can—Langley tried to hit him, but the prosecutor held up a piece of gaspipe and kept him off—there was a tussle and both fell in the gutter—Cove got to his left hand and rifled his pockets—the prosecutor got up and ran away with his barrow—Cove, when he saw Langley get a cut on his head, snatched the bar and ran after the prosecutor and overtook him—I next heard a crash and saw the potatoe can had gone over—Cove was standing over the barrow—I said "you have no business to do that," or to that effect—Cove threw the same gaspipe or iron bar at me, I bobbed down and it went over my head—the prisoners ran away—I went to fetch a constable off point duty—I identified the prisoners the next night—I am quite sure of them.
HARRY HEARNE (584 Y). On January 19th, about 10.45 p.m., I went to the North-Western public-house in Ferdinand Street, where the prosecutor pointed out Langley—I arrested him—I had arrested Cove, who was standing at the bar but rushed into the taproom—I told them the charge—Langley said "I admit being there, but not the assault."
Langley, in his defence, stated that the prosecutor had often offered them potatoes, but this night he threatened him with the iron bar, and he had to defend himself. Cove said that it was impossible to take 2s. 6d. in coppers and 1s. 6d. in silver from the prosecutor's pocket without being seen.
GUILTY of Robbery only.— Six Months' Hard Labour each.
MR. BOND Prosecuted.
GEORGE CHILVERS . I live at 23, Leamington Street, City Road—I am carman to David Baker of 14, Pancras Road, King's Cross—he carries for the Clyde Shipping Company—on January 11th I loaded my van at Nightingale Wharf with 11 chests of tea by about four o'clock—I was driving through Ayr Street into Slater Street about 4.45—one chest was on the tail-board—meeting the prisoner's van I looked to see that he had not knocked it off, and it was gone—I next saw the prisoner fixing my chest in his van—I ran through the dark arches there, and caught his van—he was driving it—it belonged to Harper, of Bethnal Green Road—I went to his horse's head and pulled the horse up—he got out at the tail-board and ran away—I spoke to a constable, and took the chest back to my van—there was a hundredweight of tea in it—on the Saturday I identified the prisoner at the Commercial Street police-station from a number—I had seen him before in my travels.
Cross-examined by the prisoner. I left no one in charge of my van—I did not see you take the tea—I did not say at the police-court that I did.
ROBERT HARPER . I am a carman, of 13, Gibraltar Walk—I have let the prisoner a van on several occasions—I let him one on January 11th, about 4.20 or 4.30 o'clock—I next saw it at the police-station the same night at five o'clock.
RICHARD TURN (288 H). I was in Bethnal Green on January 11th—about five p.m. Chilvers complained to me, and pointed to a chest of tea in a van standing opposite his van—no one was in the van—I took the horse and van to the station—it was claimed by Mr. Harper, whose name was on it.
Cross-examined. The chest of tea was on the tail-board—Chilvers put it on his own van.
FREDERICK WENSLEY (Detective H). On January 15th, about ten a.m., I was in the New Road with Detective Smith—I saw the prisoner at a public-house bar—I told him I should take him into custody on suspicion of stealing a chest of tea on January 11th—I took him to the station—on the way he said, "I hope you will act fair and not put me away"—he was identified from 12 men by Chilvers and by Harper as the man to whom he had let the van.
CHARLEY SMITH (Detective H). I was present when the prisoner was identified by Chilvers and Harper—there was no communication between them—the prisoner said, "Are you getting it up for m"—I said, "No"—he said, "I shall plead guilty, and try and get it settled here. I was all by myself when I did it."
Cross-examined. I put that down at the time.
The prisoner, in his defence, stated that he lent his van to another "chap" with whom he was having a drink, and that he was at home before 4.45.
—He then PLEADED GUILTY to a conviction of felony at Clerkenwell in May, 1892.— Three Years' Penal Servitude.
MR. TODD Prosecuted, and MESSRS. BURNIE and ROACH Defended Dacey.
WILLIAM CLARKE (279 H). About five o'clock, on January 15th, I was on duty in Commercial Street with Woman—I saw the prisoners throw the prosecutor against the wall—Smith put his shoulder against the prosecutor's chest, and put his hands in his pockets—I ran after him, and caught him with four half-crowns in his hand—I took him to the station—letting Dacey go, as it is a rough neighbourhood and I knew him—three hours afterwards I saw Dacey in Shoreditch, and told him the charge—the prosecutor failed to identify Dacey, but I am positive, I have known him six years.
Cross-examined by Smith. You did not walk pass me.
Cross-examined by Mr. ROACH. I was five or six yards off the robbery—at the corner of Wheeler Street there is the I here Crowns public-house—the corner is rounded off, so that I could see—the house was not fully lighted—Dacey held the prosecutor against the wall and Smith went through his pockets—I was in uniform—Dacey did not attempt to get away when I arrested him at the corner of Commercial Street and High Street, Shoreditch, about 200 yards from the robbery.
JOSEPH NELSON . I am a joiner, of Avenue Road, Lewisham—on January 15th, between four and five p.m., I was in a street leading off Commercial Street, making my way to Church Street—I stopped for personal convenience—Dacey held my head against the wall and I felt someone go down my trousers pockets—I lost eight half-crowns and two shillings—I gave an alarm—a sovereign was left untouched in another pocket—the prisoners ran away—I followed but lost sight of them.
Cross-examined by Smith. I did not fall over a private door-step—I did not refuse to take the silver from a boy—when you saw a constable you released me—the police overtook you, you did not go past them—there were two policemen—they said "Keep close behind" and I followed to the station.
Cross-examined by MR. ROACH. There was not much light where I stopped—the attack lasted two or three minutes—I was convinced of Dacey's identity when I saw his face in full daylight; I had seen him in a semi-dark corridor.
HENRY WORMAN (333 H). I was with Clarke and saw the prisoners with the prosecutor against the wall, and chased them down Pearl Street for about 70 yards, where Dacey passed me, and being a rough neighbourhood, and knowing him, we followed, and Clarke caught Smith and took four half-crowns out of his hand.
Cross-examined by Smith. I saw you rubbing the prosecutor down.
Cross-examined by MR. ROACH. I knew Decay—I was obliged to formally identify him.
The prisoners' statements before the Magistrate: Smith says, "I was the worse for drink. I know this man alongside me was not with me, and had nothing to do with it." Dacey says, "I am innocent."
Smith, in his defence, stated that the prosecutor was drunk, and fell over a doorstep, that he went to help him up. A boy picked up some money which, as the prosecutor refused, he determined to keep, when he was given in charge, and that the prosecutor varied in stating what he had lost, from 7s. 6d. to 17s. 6d., and then four half-crowns.
SMITH**† then PLEADED GUILTY to a conviction of felony at Worship Street in May, 1897, and
DACEY **† to a conviction at the Middlesex Sessions, in February, 1886.— Five Years' Penal Servitude each.
NEW COURT.—Wednesday, Thursday and Friday, February 9th, 10th and 11th, 1898.
Before Mr. Recorder.
Mr. BURTON Prosecuted.
HENRY LANGTON HARRISON . I keep the Albion, Caledonian Road—on November 23rd, the prisoner came in and asked me to cash a cheque for him for £4 12s.—having cashed one before for him, I gave it to him part in coppers and part in gold, paid the cheque into my bank next day and it was returned marked "Refer to drawer"—I saw the prisoner next day, he said "I will see if I can send you the money for it"—I saw him again before he was arrested.
Cross-examined by the prisoner. I took an order from you for printing, the work was done and I owe you £2 6s. 3d. at the present time, but I did not then, because the work was not completed—I mentioned that to the Magistrate when I got the warrant.
Re-examined. The warrant was issued on my information.
THOMAS MURRAY . I am a licensed victualler of 11, High Street, Islington—on December 1st, the prisoner asked me for the loan of 10s. till he got his cheque book, which he sent for and gave me this cheque (Produced) for £5 10s. which I paid into my bank next morning and it came back marked N. S., it was put in the ordinary course, and came back a second time—I had cashed cheques six weeks before for the prisoner for similar amounts—I called at the prisoner's office but did not see him—I received this letter from him (Stating that he should not have given the cheque if he had not some good accounts to collect next day.) Two days after that, I received this telegram from him "Don't pass cheque till you see me to-night"—that was handed in at Victoria, L. and S. W. Railway, and came to Goswell Road, I did not see him that night.
Cross-examined. Your clerk did not call on me—your wife came on your behalf, and the clerk came with her, but I did not speak to him—your wife called several times to see me—I was away ill at the seaside—I do not know that she said that if Phanded back the cheque she would pay me the money—you had two glasses of champagne, but I had none.
EDWIN ALBERT BROADHURST . I am manager of the Albion, 2, 3 and 4, New Bridge Street—on December 28th the prisoner came and asked me to change a cheque for £2 5s.—I paid it into the bank, and it was returned marked, "Refer to drawer"—I received this letter: "Dear Sir, I am a little overdrawn; should my cheque be returned I will give you the cash this evening"—he did not give me the cash.
Cross-examined. I have cashed cheques for you before for £4 and £2—the first one came back marked, "Refer to drawer," and I had some difficulty in getting it—this (Produced) may be it—I cannot remember whether you were the drawer—I believe it was to Mr. Beaumont—this cheque was given in the place of it—Mr. Beaumont came round very
indignant that you should take such a liberty—I thought I was obliging Mr. Beaumont—I bent it back to you and you sent me another cheque.
WALTER BIDDELL . I am a clerk in the London and County Bank, Aldersgate Street branch—the prisoner opened an account there on October 29th, 1897; it was closed at the end of the year—there had been irregularities, several of his cheques were returned and we wrote to him on that account on November 25th—on November 23rd his balance was 18s. 4d., on December 1st 18s. 4d., and on December 28th 3s. 4d.—three cheques had been drawn and he had not sufficient to meet any one of them.
Cross-examined. You wrote for your pass book but I have not got your letter here, it was made up to November 22nd when you had 18s. 4d. there.
Re-examined. We informed him on December 30th that he had no longer an account there.
CHARLES GODLEY (Police Sergeant G). On January 22nd I arrested the prisoner at Mentone Road, Highbury—I went to his bedroom and said, "Mr. Lewis"—he said, "Yes"—I said, "You will have to get up and come with me, I am a police officer"'—he said, "It has come to this has it; Mr. Murray promised my wife that if the money was there by Friday that would do"—I said, "This is not Mr. Murray's case, this is Harrison's case"—he said, "Harrison owes me money."
Evidence for the defence.
FREDERICK JAMES BARHAM . I was the prisoner's clerk and collector 10 weeks, but at present I am doing nothing—the agreement was for 25s. and five per cent, commission. I do not remember the date when he sent me for his pass book—I know that he insured his life, and he told me that it was to raise money on the policy to meet these liabilities.
Cross-examined. I believe I cashed a cheque for him on the London and County Bank—I tried to cash one but was refused—he gave me a cheque for my wages, which was dishonoured—I had deposited £10 with him as security for my honesty, and have never had it back—I have asked him for it, and he promised to pay me.
Cross-examined. I know this cheque for £10 (Dated November 18th)—I lent him £10, and he gave me a cheque for it neit day, we were mutually obliging each other, and I gave him a cheque for £10—my cheque was honoured, and the one he gave me in exchange was dishonoured.
WALTER BIDDELL , Re-examined. On November 18th, there was £5 13s. 4d. to the prisoner's account—this account was different from an ordinary current account, there were no payments on it and there was a very small balance; 3s. 4d.
The prisoner, in his defence, stated that this was an accommodation account, that he drank champagne wften he was not sober, and when Mr. Harrison asked him to give him a cheque he did so, and contended that if he had intended fraud he should have drawn for larger amounts, and that he made no attempt to evade arrest.
—He then PLEADED GUILTY to a conviction on April 15th
1896, of obtaining money by false pretences in the name of Richard Johnson, and several other convictions were proved against him.
Five Years' Penal Servitude.
Mr. BRUCE Prosecuted.
GUILTY of an indecent assault — One Day's Imprisonment, having been three weeks in custody.
Mr. CONDY Prosecuted.
WILLIAM LAWRENCE . I am a certified bailiff of 40, Town Road, Edmonton—on January 17th I was in the King's Head public-house, Gibbons and Pluck and the prisoner were there—my friend Gibbons asked me to have a glass of ale—I drank it and came out—Pluck told me to keep my own company, and put his hand out to push me, but I went out—that was about 9.50—the prisoner followed me out—I went towards the Exhibition and then to the Cross Keys, the prisoner followed me, I called for a glass of ale—the prisoner came up and I said "You can have one if you like"—Darky Prior was with me—we went out and when we got to a place where there were trees, the prisoner came up and threw me down and took away my money from my pocket, and a pipe with amber and silver mountings, and a pouch and handbag—when I came to, my pockets were turned out.
Cross-examined by the prisoner. I was not struck in the house by Pluck and knocked down—the barman did not jump over the counter—there are no houses there, there is a hedge about 20 yards high—we were not gambling in the public-house—you came out with me and caught hold of my arm—you did not say "Come, Mr. Lawrence, you are getting drunk, come away"—you tripped me up and as I was falling on my face I looked up and saw you.
ALFRED JENNINGS (Detective Sergeant). I took the prisoner on January 17th and said, "I shall arrest you"—he said, "What for"—I said "The pouch, pipe, and 6s."—he said, "That is all right, I had a drink with him in the King's Head and he had a pipe, and that is where he got his face; I went into the other bar."
Cross-examined. Lawrence made "his statement two days afterwards—I said, "Why did not you come to me?"—he said, "I did not think it necessary to inform the police then"—his face was bruised—he said, "I was trying to find the second man"—he laid on a settee or armchair—he said, "If you send for ray brother and sister they can prove what time I came home"—they said that you came home shortly after 10 or 10.30.
ALFRED JOHN WILSON . I am barman at the King's Head, Lower Edmonton—on the night of January 17th a disturbance took place between Lawrence and Mr. Pluck—they were sober—a blow was struck on Mr. Lawrence and knocked him against the woodwork; he had been drinking—I did not see him strike Pluck—I called a constable—Lawrence had no mark or injury or black eye when he left—I do not know who left first—I did not see a meerschaum pipe, I never saw him with one.
Cross-examined. Pluck did strike him, and I jumped over the bar and called a constable—I only wanted Lawrence ejected because he appeared quarrelsome.
JEROME DRISCOLL (372 N). I am stationed at Edmonton—on January 17th, I saw Lawrence at the King's Head—he came out quietly, at the centre door, which was unfastened—he appeared to have drank something—the prisoner came out and caught hold of his right arm, and said "You had better come home; I will see you home"—Lawrence resisted—no other man was with the prisoner when I saw him—there were no marks on Lawrence.
Cross-examined. I cannot say what day it was—it was an acorn pipe—nobody has forced me to come and say this.
By the COURT. The Sergeant asked me, last Friday night if I had seen a pipe—I said, "Yes"—Alfred Wilson was in the bar—I knew next day that Lawrence had been robbed of an acorn pipe—I never saw one like it.
Evidence for the Defence.
HARRIETT MOLSEY . I am a charwoman—on January 17th I was in the King's Head and saw Laurence there—he was a little the worse for drink—Mr. Flood knocked him down against the woodwork, and a constable came—he was paying for drink for all, but not for me, I was with my husband
SAMUEL PRIOR . My nickname is Darkey Prior—on January 17th, after the King's Head, the prisoner and I went to the Exhibition beer-house and from there to the Cross Keys, and then to the King's Head again, where Lawrence gave the prisoner sixpence, and the prisoner and I came out and left him there, I said good night to the prisoner and went up the Town Road in the opposite direction—that was about 9.45.
By the COURT. I noticed the time because it was 10.15 when I got home—I generally get home between seven and eight—I got home the night before about 10.30—I generally make it a rule to get home early, it is not often that I am out late—I first remembered the time when the prisoner's brother came up as a witness—I swore before the Magistrate that I left the King's Arms at 10.45 or 10.50—I read my deposition and signed it because I expected it to be right—it was not read over to me by the Magistrates' clerk.
Cross-examined. I first saw the prisoner about 7.45—I left Lawrence in the private bar of the King's Head and went in the direction of Town Road—I was convicted some time ago of attempting to steal from the person, and got six months—I did not also get 18 months for sheep stealing, that was the prosecutor—my first conviction was for flower stealing, I was tried at Enfield—I have been convicted of flower stealing four times and also of housebreaking.
ALICE WALTERS . I am single and am the prisoner's sister—I am a waitress at Richardson's, 49, Mile End Road—the prisoner came home on this night between five and ten minutes past ten—he had been drinking
Cross-examined. He had had a few words with me in the morning, and he brought it up again at night, and we had a few words—the detective asked me at what time my brother came in; I did not tell him 10.30., I said "Between five and ten minutes past ten" when I went to see my brother in the police-court.
ALFRED JENNINGS (Re-examined.) While her brother was waiting at the station she came and asked "What time did this occur?"he said "Half past seven" she said "That is not right he was indoors and was going to assault me."
CHARLES BROWN . I am a labourer—on January 17th, at 8.30 I went into the King's Head and saw the prisoner and Mr. Prior, they called for a drink and I never saw them more that night, but they went out and had a row with Mr. Pluck—I left the King's Head at 10.30, Lawrence was then there—the prisoner had left about 9.40
Cross-examined. Lawrence was in the King's Head till about twenty minutes or half past ten.
Prisoner's defence: The Prosecutor says he was in the King's Head and I was not drinking with him, he says Mr. Flood did not push him.
NOT GUILTY .
MR. ROCHE Prosecuted, and MR. PURCELL Defended.
Mr. Purcell stated that the prisoners would withdraw their pleas and PLEAD GUILTY, upon which the JURY found them GUILTY .— Three Months' Hard Labour each.
MR. STEWART Prosecuted.
The Prosecutor stated that he used insulting language to the prisoner who then knocked him down, upon which Mr. Stewart withdrew from the prosecution.
NOT GUILTY .
The prisoner stated in the hearing of the JURY that he was GUILTY, upon which they found him GUILTY. He received an excellent character—
MR. LATHAM Prosecuted, and MR. COUNSEL Defended.
JACOB FLEMING (Interpreted.) I am a tailor, of 5, Montague Place—I have been in England over six months—I did not know the prisoner before I met him on the ship—I was sitting in a restaurant, and he came in and said, "I have got a ticket for sale"—that was before the Jewish New Year (September 21st)—he said it would take me to America—he wanted 25s. for it—we went to a countryman of mine, at No. 7, in the same court, Abraham Jacobs—I borrowed £2 from him, and gave the man 12s. for the ticket, and the remainder I was to pay on the ship—the
prisoner went away, and said, "I shall come back on Tuesday, and shall take your tilings, and we will go on board"—he came back on Tuesday, and said, "The ship will not sail before Wednesday, you must wait"—on Wednesday he came into my room, and we went with the box on board—it contained a suit, three white shirts, six under-waistcoats, six pairs of drawers, and other wearing apparel—the prisoner said, "I am the cattleman on the ship, I am the whole manager; the box is not safe in your possession, I am the captain, and I have got a separate room, and it is better for you to give me the box"—he spoke in English, not in Yiddish—I understand English, but I do not speak it—he took the box away and kept it—he told me to go to bed—he came back again and woke me up, with another man, and asked for some money—I said, "I have 5s., I can give you that"—he asked if I had got any more money, and I turned out my Dockets and showed him I had not got any more—he then told me to go to sleep—when I woke up I found my box in the cabin, in front of the bed: I was surprised—I went down and looked at it—the lock was broken—I opened it and the box was empty—before that the prisoner had been and taken away my ticket—it was just dawning—I went on deck and complained to the captain of the ship—he asked for my ticket, and did not understand me, and ordered me off the ship, and I had to go with my empty box—I informed the police—about twelve o'clock the same day I showed the policeman the place, but I could not make him understand about the box—on January 9th, I met the prisoner in Brick Lane—I said "How are you?"What have you done with my things? What about the money?"—he took a ticket out of his pocket and handed it to me, and said, "Don't bother me"—this is the ticket. [This stated that A. Imbert was a native of New York, aged 33, and was a cattleman, and that the holder of the ticket would be allowed to enter the United States on presentation of this certificate by the Emigration Inspector—Signed by the deputy collector.] I gave the prisoner in charge—I had never been to the Docks before; I went with the prisoner and my box—I went down to the Docks with a constable, on Friday, and pointed out the spot to him where the ship was before she sailed.
By the COURT. I took the prisoner to Jacobs when he gave me this ticket—I could not speak to the policeman then—I asked him to come to my friend's place—a policeman was sent for, and I gave the prisoner into custody.
Cross-examined. The prisoner told me to take the ticket—he said, "Don't bother me, and you can go to America with this"—he went to my friend's house with me, and I had the ticket in my hand and showed it to all of them, and said, "With that ticket I can go to America"—the prisoner did not say, "That ticket is not for sale, it is my pass"—I said, "Is it like the ticket you gave me?"—he said, "No,"—another man was present—I know him, his name is Mike—do not know if he is here—he can speak English and Yiddish—I asked him to translate it to me—Mike is a Jewish boy—he does not live with me, but in the same court—I only know him from the restaurant—I was going with Mike down Brick Lane, and I met the prisoner, and then Mike myself, and the prisoner followed to the place where my friend lived—my friend Jacob speaks English and Yiddish—I live at No. 5 and he lives at No. 7 in the same court—I went to him with my empty box and showed it to him—I asked him to go to the police with me—he said, "I am very
busy, I have not got time"—I had never, to my knowledge, seen the prisoner before—he spoke to me first at the restaurant, and asked me if I would buy a ticket—that was on the Saturday before the Jewish holiday, but I do not know if it was a fortnight or a week before—I showed the policeman my empty box in the Docks—I made myself understood as well as I could—he could not understand me.
Re-examined. The ticket the prisoner sold me was similar to this one, only half as large—I do not know where Mike is.
ALBERT JOHN LANGLEY (Dock Constable.) On August 26th a man, not the prosecutor, came to me and said he had been swindled out of 30s. or £1 and some clothes taken from his box—he came from the cattleship Europe—I saw the prosecutor, he did not complain to me—I think he had a box with him, I did not see him complain to anybody but there were other constables about—I have seen the prisoner going backwards and forwards as a cattleman—the Europe sailed that morning from Shed 22, at 12.30, and I did not see the prisoner there after that—I reported the circumstances to my inspector—we went through the ship as carefully as we could but failed to find the prisoner—I came to the City the next day to see if I could trace him—from the description given me the prisoner resembles him very much—we often have this sort of thing, a man brings people down to the ship and asks them for 30s. or £1 and then goes away and the people go on board and they are asked what they want and say "I have paid my fare"—I did not see the prisoner again till I went to Worship Street.
Cross-examined. When the complaint was made to me, I went on board and the person who had complained was ordered off, and I said I thought I was justified to search the ship and he allowed me to do so and we failed to find anybody—we asked the chief officer for the names of his crew, but we did not know the prisoner's name then—I could trace a man if he was on board the ship by applying at the offices, if he went by that name.
By the COURT. I could get the information now from the Board of Trade, it is the Puritan Line. (The Witness was ordered to obtain the information.)
Thursday, February 10th.
Cross-examination continued. I have inquired at Leadenhall Street but they know nothing about the prisoner—the ships do not sail from London at all, and that Line does not go to Baltimore—it is not the North King Line—he gave the Puritan Line—the King Line sails from Boston—the steamers do not go to Baltimore, they only go from Hamburg to Gravesend, that is the North King Line—I did not inquire as to any record of the names of the men on the s.s. Europe, I was late and the office was closed—they told me last evening that directly the men get home with the cattle they are discharged—they pay them £5 a month—when I searched the ship the prosecutor was there, and he complained to me—I did not see the prisoner on board, I have seen him before, going backwards and forwards to the Sweet Briar—he was arrested in Whitechapel—I think I saw him the same evening—the other prosecutor said he had been robbed of 30s., and gave the name of Percy Hamilton, and said that when he went to the ship Europe nothing was known of the transaction—he described the man as about 5 feet 7 inches high, brown hands and side whiskers—I believe he has gone away to America
By the COURT. This was on August 6th—I did not see the prisoner when he was arrested, not before I went to Worship Street—he had not the same amount of hair then, his hair has grown since—I cannot swear that I saw the prisoner in the Docks that morning but about that time, and the Europe was lying there.
ABRAHAM JACOBS . I am a book-maker, of 7, Montague Place—the boy Fleming came to me when he first arrived in England—he did not often bring people to my house, but he brought the prisoner—that is nearly six months ago, two or three weeks before the Jewish New Year—Fleming handed me £2, and asked one to get his money, and on the Saturday he asked me if I had got his money—I said, "What do you want the money for"—I gave him £1 of it when he bought the ticket—the prisoner was not present at first, but he came round and said he wanted to buy a ticket for America—I gave him the £2 to pay for the ticket—I sent the prosecutor to call the prisoner in to me—he came in, and I said to the prisoner, "You have got a ticket for America"—he said, "Yes"—I said to him, "You leave the ticket to-night, and if you come round in the morning I will give you the money for it"—he came round that night, and I said, "Excuse me, I have not been able to get the money yet; you must come next day"—he came round next day about dinner-time, and the prosecutor gave him 12s. on the ticket, and the other 13s. he had to give him on the ship—he said, "I will come round for you on Tuesday night and take you to the docks, and then I will come with you to Philadelphia"—he came round again the same night, and said, "The ship don't go away to-night, it will go away to-morrow," and when he came again on Tuesday night I said, "Be so kind as to look after him"—he came again on Wednesday, and I said, "Please be so kind as to take care of him, and look after him"—he said, "Yes," I will look after him; I will look after all the things"—so he took the box and the clothes, and they went away with them—the prosecutor came the next day, Thursday, with his empty box—yesterday three weeks Fleming came round with this man, from whom he had bought the ticket, and Mike to my place—I said, "Very well"—Fleming said to me, "Look here, he has given me another ticket for America; I shall let him go; I shall do nothing to him"—I said to Fleming, "Go and get a policeman and lock him up"—he did not go, and I went out myself—he was afraid to go for fear he should go away—Fleming showed me the ticket he had given him, but the prosecutor did not say anything about any robbery—I fetched a policeman, and he was given into custody—I am sure that the prisoner is the man—he came to me with Jacob Fleming before the Jewish New Year.
Cross-examined. I had never seen him before—the man who came to me had a large moustache and whiskers, but no beard—when the prisoner came to my house with the prosecutor, he did not say, "This is not a ticket, it is my pass, it is not for sale"—he said, "Don't do anything to me, let me go"—I think I said that before the Magistrate, about his asking to be let go—Mike is here—I do not know Jacob, the landlord.
MIKE MARK . I am in the boot line—on January 19th I was with Fleming in Brick Lane—we met the prisoner—I went across the street and we both shook hands with him—I said, "How are you going on"—he said, "All right"—as Fleming could not speak English I asked the
prisoner why he had done such a thing as to take his money and his clothes away on the boat—he said, "That is not my fault, I did not take away the clothes and the money, only I would do this for you, if you like to have this ticket you can have it and go to America with it"—Fleming said, "Is the ticket any good"—the prisoner said, "Depend on me, the ticket will be right"—we took him up to the house and inquired whether the ticket was any good and found it was 33 years old—we said, "The ticket is no use"—the prisoner said, "If I had a couple of pounds I would give it to you so as not to get me into trouble"—that was said both in the street and in the house—I do not know Jacobs, the landlord.
Cross-examined. I went to the police-station—I was asked what I knew about it, and what I heard—I went with the prisoner and the others to the police office—I was asked what I heard the prisoner say—I did not say I knew nothing about it—I had not time to speak—I was not examined before the Magistrate.
ALFRED LEE (467 H.) On January 19th, the prosecutor called me—I went to 5, Montague Place, and saw the prisoner—the prosecutor made a statement, but I could not understand the proper facts—I said to the prisoner, "Are you willing to accompany me to the police-station?"—he said, "Yes"—I took him there—the prosecutor handed me this ticket—I took him to the Royal Albert Dock, and he pointed out the spot, No. 21 and 22, but he said he could not understand English, and could not tell me the name of it.
The prisoner's statement before the Magistrate: "I was not there at the date the man says I was, I was in the States."
GUILTY .— Fifteen Months' Hard labour.
MR. C. MATTHEWS Prosecuted, and MR. GEOGHEGAN Defended.
JOSEPH STODDART . I am editor and manager of Sporting Luck, of 6, Bovary Street, E.G.—from time to time I have advertised and carried through, racing competitions in that paper—when I have such a competition announced, and before it commences, it is my habit to issue on the back sheet of the paper such a form as this, containing a number of coupons which are to be filled up by the intending competitor—I give one free coupon—the purchaser of the paper is entitled to enter the names of the horses upon that—that is followed by a number of coupons upon which, on returning them to the office, he must pay 1d. for each coupon—for that number of lines it would be 4s. for the full sheet—this is the paper—towards the end of July I announced that there would be a competition in respect to the Steward's Cup at Good wood—I printed in my paper, on page 4, the conditions which the competitors must fulfil (The conditions were here read)—on Tuesday, July 27th, I was at the office at Bouverie Street all day—we had between 30,000 and 40,000 competition letters, which the post-office officials were instructed to deliver in sacks into the office itself, and not into the letter box—one of the lady clerks then looks out the letters to see which is marked "Competition," and that is handed over to the special staff, which is employed at my residence at Herne Hill to open the letters—during the whole day of Tuesday, the 27th, no letter was received at the office in the name of Maudsley—I stayed there till the six o'clock post came in, and then went
out and went to the letter-box—it was locked—I opened it with this key and there was nothing inside—I was away 20 minutes or half an hour—I next left after the 9.30 delivery, which was delivered into the office—I was back in time for the 7, 8, 9, and 9.30 deliveries, which was the last—I then left for the day, taking the letters with me—I went to the letterbox again going out, opened it with the same key, and there was one letter in it, of which this (produced) is the envelope—I wrote on it "Received late on Tuesday night," put it in my pocket, and took it home to Herne Hill—I then opened it at the back with the cutter which I always carry for opening—I found a coupon inside the envelope and noticed that the first four horses had been correctly placed in the race that day—this is the actual sheet (produced)—turning to coupon No. 71 found the first four horses correctly placed—No. 7 was in a different writing—that was signed Walter M. Maudsley, Waste, Manchester—I noticed next morning that the envelope bore on the face of it the address "Sporting Luck, 6, Bouverie Street, Fleet Street, Strand, London—there were signs of erasure on the face of the envelope—I put it under a magnifying glass and could detect erasures on it, and on the back of it the delivery post mark had been destroyed by the envelope having been opened and refastened—I noticed the post-mark on the front, the date was July 26th, 9.30 p.m., and the next is S.M.P., that is St. Martin's Place—I formed my own conclusions with regard to that, Bouverie Street is in the E.C. district and there is no such post mark on it—the flap of the envelope seemed to have been opened and fastened down again—there was a postal order in it which came out with the coupon—I do not remember whether at that time this-written memorandum was on it—it remained some few days in my custody—to the best of in my knowledge this memorandum was there at the time I received it—if it was crossed it must go through a bank—I was not at the office on Wednesday 28th, I stayed with the coupons, I first examined them at 6.30 on, Wednesday evening—I opened them and put them on one side—the examination of the coupons to see whether there was a winner did not commence till seven o'clock—after I had examined the envelope and its contents on Wednesday evening I sent off this telegram, "To Maudsley, your coupon not allowed as it was sent off after the race was run"—On July 29th I received this letter in this envelope—(This was from the prisoner at Manchester stating that it was not until that morning that he received notice of any competitor being successful, &c., and stating that the envelope teas addressed to the 'Sporting Luck Co.,' 6, Bouverie Street, London.)—on the same day I received this telegram purporting to be a reply to mine of the previous evening—"Telegram just received, fail to understand, unless satisfactory, proceedings at once, Maudsley"—in my next issue of Sporting Luck I inserted this—(This was a paragraph stating that £1,000 had been attempted to be obtained fraudulently, and that sharpers would never get the best of the newspaper, and that warrants would be applied for for their arrest.)—the next I heard was a letter from Mr. Jones, a solicitor of Manchester, on behalf of Mr. Maudsley, but I had in the mean time instructed a detective on Thursday. (This letter threatened to commence proceedings in respect 'to the coupon competition, and requested the name of the prosecutor's solicitors, signed Theophilus Edward Jones.) After that a copy of a writ was served
on me, Arthur Maudsley being the plaintiff—that was followed by pleadings, statement of claim and of defence—I instructed Mr. Charles Humphreys to take a certain course, and an application was made at the police court—it was not successful, and the documents were left filed at the Mansion House—this is a copy of the order of dismissal—the action was dismissed, and costs to be paid by the plaintiff to the defendant—Mr. Humphreys again applied at the Mansion House, and the defendant was apprehended and brought before the Lord Mayor—I attended, and other witnesses, and he was committed for trial.
Cross-examined. These pin marks in the original envelope are where I pinned it and the coupons together—with the exception of those pin marks and the writing at the back it is in the same condition as I received it—all the marks were on it when it came into my possession—the prisoner had no solicitor at the Mansion House, he cross-examined at first.
THOMAS CLENCROSS . I am a clerk in the employ of the Post Office—I produce two original telegrams—one is dated July 28th, addressed to Maudsley of Manchester, and signed Sporting Luck; that shows that it was handed in at Ludgate Hill at 6.46—I also produce a telegram dated July 29th, and signed Maudsley.
LOUISA MARY GILBERT . I am a clerk employed in the Wieste Post Office, 312, Eccles Road—Waste is a suburb of Manchester—in July last I knew the prisoner and his wife, they lived in Derby Avenue, Wieste—I remember Mrs. Cottrell coming to the post office on Monday evening, July 26th, at 9.30., alone—she bought some stamps and a postal order for 2s. 6d.—this is the postal order to the best of my belief—at the time I issued it it had not this memorandum on it—she had, an envelope in her hand, but I cannot say in what condition it was—she gave me 2s. 6d. for the order, and left—the letter-box is in the window outside—I lost sight of her at the door, and that is the last I saw of her that night.
Cross-examined. I was not examined before the Lord Mayor at the Mansion House—I gave my statement when the prisoner was sent for trial—I think it was taken by a lawyer's clerk in December, before the trial before the Lord Mayor—I should be able to identify him—he came to see me in London—I gave him the same statement as I have given here to-day—he did not show me this postal order at any time—the first time I saw it after I had sold it was when the confidential clerk came last month—this post office is annexed to another business—I am in absolute charge of it—these postal orders are forwarded to me from London in quantities—I keep no book in which the series is entered, nor do I make any entry in any book when I sell the order—that was the last order I sold that week, it is marked 81—it is in the fourth column, which is for the half-crowns—this "Sporting Luck" was not on it, neither was this, "To account of J. Stoddart, Temple Bar Branch"—I do not enter the number of each postal order at the time I sell it, I enter the last number sold that day, there is no entry of 008280—an intervening order had been sold, but there is an entry of 008281—we open at eight a.m. and close at 9.30 p.m.—there is nothing in this book that would show a person other than me the hour at which the postal order was sold—this is the only document referring to the sale—there would be no entry on the order itself as to the hour at which it was sold—before I saw the solicitor's
clerk, Mr. Jones, of Manchester, had not been to me, it was another solicitor's clerk, at the beginning of December—he did not ask me whether, J had sold a postal order, he simply asked me if I could certify to the posting of a letter on that day, and I said that I could—the police did not come to ask me about it, the solicitor's clerk was the only person who spoke to me—he wrote down what I told him, and read it over to me, and I said it was correct—I also attend to other persons who come in—it is a stationer's shop, and my sister assists me with the telegrams—I fix the hour at 9.20, because the prisoner's wife called my attention to it—she said that she was going in for £1,000, and she asked if it would be in time for the post, and I looked at the clock and said, "Yes"—the conversation did not take place about noon—a train leaves London at twelve p.m.—I do not know whether there is one at 10.50—I told the solicitor's clerk it was 9.20—I am not the person who takes the letters out and stamps them—I was in good health in December; I have, been well all along—I was in Wieste in December attending to my duties till I was brought up here—my sister and brother are attending to my duties now—I did not go away for holidays in December—I cannot tell why I did not go before the Lord Mayor—I was not told till January 8th. that I should be wanted before the Lord Mayor.
Re-examined. The postal order was not produced when I saw the solicitor's clerk—the date was stamped on it by me on July 26th at the Wieste Post Office—this (produced) is the preceding order issued on Saturday, 24th, and the next 2s. 6d. order was issued on Tuesday, July 27th—my attention was called to this matter very quickly after the issue of the order—the solicitor in Manchester came to see me about it some time in August, and Mrs. Cotterell came about a week after the issue, and a few days after that the prisoner came and saw me—what they wanted was the posting of the letter, and it was after that that the solicitor came, in August—I was here in London when the case was. adjourned in January—I have seen Mrs. Cotterell once since.
JOSEPH STODDABT (re-examined). Some postage stamps were attached to the postal order—in the course of my business we have a great many stamps, and we get rid of them by putting five stamps on every order we pay into the bank—this was paid into my bank with five stamps affixed to it, and went out of my possession, and at a recent date the order was recovered.
By MR. GEOGHEGAN. The bank have given me credit for 2s. 11d.—this order was not in my possession when I consulted my solicitor; it was in the bank—it was paid in with a bundle of others in the regular course.
GEORGE DICKINSON . I am inspector of postmen at the General Post Office, Manchester—this envelope C bears the Pendleton district post-mark—it was posted in the Pendleton district between eight and 9.30—the post-office in Eccles Road is in that district—that would be dispatched by the night mail train and arrive in London in the early morning—envelope D bears the Manchester postmark of 3.15, July 28th—I was present when it was adjourned here last January, and went back to Manchester—since that the prisoner called at the Manchester post-office, he was alone, and wanted to know whether I could give him information so that he could get witnesses, and wanted to know how many postal orders had been issued that day—I told him he could get that information.
from the secretary of the post office—he talked about the prosecution springing certain evidence, and said that if it had not been for the girl's evidence he should have got clear off—he said, "I do not know how Miss Gilbert can get up and say what she has, as a matter of fact I am going to admit that I went to London on the 26th; I have no need to admit it, but I am going to admit it, and with regard to the postal order, I purchased it before I left for London, and when my wife called in at the post office in the evening, she simply went for some stationery"—I told him I could do nothing for him, he had better apply to the post office authorities.
Cross-examined. I had not known him some time—it is not permissible for an officer of the post-office to communicate information, he would be guilty of a breach of the post-office regulations—the conversation lasted about five minutes, it was in the secretary's room at Manchester—I do not remember the words "strictly confidential" being used—I will not swear that they were not—I do not remember what day this was—the case was postponed for about a week for fresh evidence—I came up to London yesterday—I have seen the solicitors to-day—I mentioned this conversation to them—the prisoner did not say that he wanted to speak to me on something that was strictly confidential—I did not go to the solicitors yesterday, but to-day—I went on my own accord, I considered that I had been authorized by him—I did not say when he left, "It is my duty to repeat to the solicitors for the prosecution what you have told me to-day"—I told my superior officer what had taken place—envelope B was posted between eight o'clock and 9.30—they have no stamp at the Wieste Post Office only for the orders—the Pendleton postmark is 9.30 p.m.—there are 11 collections from the Wieste Post Office, the last collection had been at eight o'clock—that would leave Pemlleton at 10.35; I have not been asked that before—there is a train from Manchester at midnight—I know the trains to London—I have never travelled by the 10.50 train—I know that there is a station in Manchester called London Road—I do not know whether there is a train which gets into London at 3.50.
Re-examined. The first time I ever made this statement was this morning to the solicitor for the prosecution.
THOMAS HOUGHTON MILLER . I am a postman at the Bedford Street Post Office, W.C.—on July 27th I went on duty at five a.m.—the letters from Manchester would reach that office at 4.28—I had this stamp (produced) for stamping letters received by me—this envelope bears the impression of this stamp made by me—these letters S.M.P. represent St. Martin's Place; that is the old name—when I was before the Lord Mayor I made these impressions of this stamp on paper (produced)—if a letter arrives at my office misdirected, I should simply stamp it and it would be taken to the sorting table—I do not look at the addresses, I stamp the back without looking at the front, and then it is taken to another table in the sorting office in the same room—I have been a sorter, but not a stamper at the same time—a letter for the E.C. district which got into the W.C. district would be stamped at my office and then sent in a bag to the E.C. district.
Cross-examined. The only stamp on the back would be W.C.—if it were sent to the sorter's table and they saw that it was wrong they
would not stamp it—we have not got an E.C. stamp—it would only be put in the bag.
FREDERICK GEORGE WARREN . I am a postman employed in the E.C. district, St. Martin's-le-Grand—letters for the E.C. district would be delivered, and a letter addressed, "Sporting Luck,' Bouverie Street, Fleet Street," would go out with the E.C. stamp, but supposing it was addressed to the W.C. district in error it would be sent in a bag to the E.C. district—the stamp should be placed on it—it would show on it both this W.C. stamp and the E.C. stamp—there is an instance here: supposing the exhibit D to have been sent for delivery in the E.C. district, the E.C. stamp should appear upon it, and there is no such stamp on it—the next letter has the E.G. stamp only—on the mornings of these competitions the letters are put-into sacks and delivered into the office itself.
Cross-examined. This is not a country letter—the staff changes from month to month, and the present staff might be changed or put on other duties.
Re-examined. If a letter arriving by the early post in the W.C. district was not delivered by the first post it would be by the second—there is no difference between London letters and country letters, if properly addressed.
WILLIAM JAMES ARNELL . I am a postman in the E.C. district—Bouverie Street is in my district, and on my beat—I delivered at the three o'clock and at the six o'clock delivery—I did not deliver letters into the office—I put no letters into the box.
ALFRED DUDLEY . I am a printer and stationer of 10, Eccles New Road, Salford, near Manchester—I first knew the prisoner in the spring of 1896, in the name of Maudley—since that time I have taken in letters for him, he has called for them and taken them away—I believe his private address was 17, Derby Road, Wieste.
Cross-examined. I know now that he was a soldier in the Soudan, and bore a respectable character as far as I know—I knew that he was going in for the racing competitions—a great many letters came for him; he won competitions for which he got £;7 odd; he was deluged with letters—I sometimes have a bit on myself.
ARTHUR PONSONBY . I am a clerk in the service of the Manchester Ship Canal, I was so last July when the prisoner was employed there as a checker in the name of John Cotterell—I have the time book here—he worked there between July 24th and August 4th—everybody who comes in signs a book, and between those dates the prisoner's name does not appear—I was working there between those dates, and did not see him at all—I know his handwriting—these documents are his writing.
Cross-examined. I have gone in for a little filling up of these things, I have employed other people to do it, not in reference to the Lincolnshire Handicap, but at the Whitsuntide races, for Manchester—I did not do it purely for love of sport, I got a £5 note—I got paid for my trouble—I did not back my fancy—the £;5 note came in Stoddert's writing, I had met him once before—I got a letter from Sporting Luck asking me to distribute these handbills, and I was going round to newsagents' shops, and finding out the sale of this paper, I was not employed to distribute hand-bills, I employed two boys to distribute them—the coupons were advertising what was coming out—I never won anything, I have tried it on.
with Sporting Luck, but never got a farthing—this coupon No. 7 is the prisoner's writing—I notice nothing in this entry different from the other, only the writing is a little fainter.
ELLEN ROBERTS . I am the wife of Samuel Roberts, of 2, Liverpool Street, Eccles Road, Wieste—I know the prisoner—he lived in Derby Road near me, last Jul), with his wife and a little boy called Bertie, aged about six—I have a shop—Mr. and Mrs. Cotterell were customers there—there is a tram just at the bottom of the road—about eleven a.m., just before dinner, I saw them pass with the little boy, going towards the tram which goes to Manchester, near the London Road—I do not know whether that is the London and North Western Railway, but they can come up there from London—this was on the Monday before the August Bank Holiday—I noticed that the little boy had on a new suit—I had heard something about that suit before—I did not see the prisoner again till the end of that week, but I saw Mrs. Cotterell each day—I saw nothing of Bertie—Mrs. Cotterell used to come into the shop each day—she made statements to me—I saw the prisoner passing in the day time about Friday or Saturday—he owed me some money for goods I had supplied to him, and after I saw him I wrote a letter to him, and received this letter in his writing, "August 6th, 1897. Your letter to hand. We can't see our way to let you have £1 to-morrow unless something turns up J. Cotterell. I am at home now"—I went and saw him on Friday night, the same day I got that letter—his wife was present; she said, "I suppose you have come about the money I owe you?"—I said, "Yes"—she said, "I have no money, but I am expecting some from a parcel, and I am also expecting some about November, about,£1,000"—I did not get my money, and I sued him in the County Court.
Cross-examined. I have not been disappointed by many other persons—I have only repeated these words to Mr. Sagar once, to the solicitor, and, of course, to my husband—I know them by heart—my shop is in Wieste, it is about three miles from Manchester, the London Road is half a mile off, so it is three miles and a half from my house to the station—the tram stops once on the road, but it can pull up—it stops at Cross Lane—I do not suggest that I saw the prisoner get into the tram.
Re-examined. It would take about half an hour to get to the London Road by the tram.
Friday, February 11th.
WILLIAM OLDHAMPSTEAD (Detective-Inspector, City)—I saw the prisoner after he had been committed from the Mansion House—I said to him, "How have you spent your Christmas"—he said, "Very quiet, they tried to steal a march on me by bringing a woman up to the Mansion House, I was in London, not many yards from here, and I shall tell them so, and give them my address;" on that very day Mrs. Roberts had been examined before the Lord Mayor, but I was not there.
Cross-examined. The case was nob still going on when he said that, he had been committed—I made my statement to Messrs. Humphreys, the solicitors for the prosecution—I do not know the 53rd Shepherd's Bush Light Infantry.
SAMUEL JOHN HOLLOWAY . I am a clerk in the service of the Post Office at St. Martin's-le-Grand—the suspected envelope came to me in the course of my duty; I have examined it—I see indications that the flap of the envelope has been raised and re-closed subsequently to the impression upon it of the Bedford Street post-office stamp—I have measured the impression on the back of the envelope and the stamp itself; the diameter of the impression on the back of the envelope is larger than the diameter of a proper impression by 1-32nd of an inch—there are also marks which show plainly where the flap rested when it was first closed down, and there are also indications that some foreign gum was used when the flap was closed a second time, which is quite distinct from the character of the gum by means of which the first closure was effected—when I examined this envelope on July 27th or 28th I was of opinion that there had been erasures before this address at present on the envelope was written—excepting that the envelope is enclosed between two pieces of glass to preserve it, it is in the same condition as when I first examined it.
Cross-examined. An envelope such as the one in question, containing this sheet of coupons and a postal-order would present a more bulky appearance than an ordinary letter—the flap of the envelope could be raised without steaming, and yet remain intact; it could be raised with the nail, or gradually worked round—I have examined the front of the envelope with a microscope, and I am not prepared to swear that it had had another address—the most marked erasure is under the word "Fleet"; the erasure at the top of the letter "L" was clearly after the word "Luck" had been written.
Re-examined. The examination before it was enclosed in glass was much easier; its inclosure in glass renders close examination difficult—when I say the most marked erasure was under the word "Fleet" I am speaking from memory; it was the most marked at that time.
THOMAS HENRY GURRIN . I am an expert in hand writing of considerable experience—I have examined the envelope enclosed in glass; it has always been so enclosed while I have had it for examination; I have never seen it otherwise—having regard to its present condition I am of opinion that there was originally other writing on the envelope than that which appears there now, but it is impossible to make a proper examination through the glass—(Removing the glass) I can now much more clearly see indications of erasure on various parts of the envelope; the surface has been disturbed forcibly with the effect, I should judge, of removing some writing which previously existed there—the examination I now make in Court with the glass removed, confirms the opinion I had already formed—there are indications on the back, of the envelope having been opened and reclosed; the flap receded an eighth of an inch when it was refastened on the second occasion, which was caused apparently by some internal pressure.
Cross-examined. It does not require any special training or an expert in handwriting to detect erasures; but the eye of a man who was constantly examining doubtful documents would naturally detect a thing of that kind more easily—it is not a suggestion on my part that the flap has been opened and refastened; it is an absolute fact that it has been removed from the position it occupied first, and refastened at a much
higher position—the appearance of the envelope might have been caused by a person taking out the original enclosure and reinserting it in a more bulky form—if the gum was not properly fixed it would draw the flap backwards, but the spring would have to be strong, it is simply a question of resistance—I do not think it possible to get the sheet of coupons produced into the envelope, without folding it in four doubles—if that had been abstracted and reinserted folded in a different way, and the postal order added, it might account for the spring in the flap.
Re examined. The erasures are more apparent now the glass is removed—my attention has been called to Coupon No. 7—the writing of the first two names appear much fainter than the lines below.
By MR. GEOGHEGAX. I mentioned the fact to the solicitor for the prosecution—the first two letters of No. 8 "Americus" are identical with No. 7 "Amphora," but the main body of the word is heavier; the "ericus" is heavier—there was less pressure upon the "Am" than there was upon the "ericus"; it is more faint; the colour is not so pronounced—it is not a matter from which the absolute certain deduction could be drawn that it was written at a different time.
By the COURT. If this sheet of coupons had been placed in the envelope originally, I do not believe that the flap would have gone down as far as it originally did; I have tried it and that is my belief—if a small substance like a postal order were placed inside the envelope it would fasten down to the utmost limit of the flap; if such a bulky thing as this coupon sheet had been in it when it was first fastened down, the flap would not have gone down so far as it undoubtedly did; and there are abrasions of the flap—the condition of the envelope is not consistent with the theory that it may have been drawn back when originally fastened, owing to the gum being damp or wet, because it would not have left small pieces of the flap itself on the envelope—the envelope was reopened by some pressure and parts of the flap were torn away.
POLICE INSPECTOR HAGAR . On November 23rd, I received a warrant for the prisoner's arrest, and went with Inspector Edwards to the Salford Docks Ship Canal, Manchester—I saw the prisoner—I said, "Is your name Cotterell"—He said, "Yes"—I said, "I am a police inspector from London, I have a warrant for your arrest in connection with Sporting Luck', shall I read it here?"—he said, "No; not here"—I explained to him that in August last a warrant had been applied for, but in consequence of civil proceedings then pending it was not granted—I handed him the warrant, which he read—he said, "I do not understand the 'alias Maudsley'; that must be a mistake"—I arrested him and brought him to London—I showed him the exhibits, the envelope, the coupons, the letter of the 28th, and two telegrams—he said, "They are all in my handwriting, except the telegrams—I gave that (The envelope relating to the competition) to my wife to post"—referring to the coupons, he said, "I see it is No. 7"—he handed me nine letters which he said had been brought to him by his wife—he told me he had a solicitor who had some important documents, and he wrote a letter to a Mr. Jones, which I posted for him—on November 26th I received a letter from Mr. Jones, and some documents in a registered parcel came after the letter—it contained this scribbling diary, several copies of Sporting Luck, two telegrams and one defence in the High Court—in the
diary, under date July 26th, their is an heading, "Sporting Luck" and a copy of 31 different coupons, and a postal order, "D41008280"—"D41" is written at the top of the page, under "Sporting Luck"—the entries are in the same handwriting as the letters and other documents—I opened the registered package in the presence of the prisoner by direction of the Oxford Mayor.
Cross-examined. I have had this matter in hand since August, and have been to Manchester making enquiries about the prisoner—24, Derby Avenue, where he lived in August last, far about 400 or 500 yards from the post-office at Wieste—he has been in the C division of the Metropolitan Police, but left because he was medically unfit, with a good character—before that he had been in the Shropshire Light Infantry, And was discharged with the rank of sergeant, and received an excellent character from his commanding officer; he has also the Egyptian medal, with two clasps, and the Khedive star, for service in Egypt—the nine letters handed to me were from Mr. Jones, the solicitor, addressed to "Maudsley"—the letters written by the prisoner were handed by me to the solicitor, for the prosecution to take copies; they were always at the prisoner's disposal—he said, "I did not know that the action had been dismissed, and I still think I am entitled to the prize; I am short of money at present to carry on the action"—the application for the warrant was made after the writ in the civil action had been served upon Mr. Stoddart—the prisoner's mother-in-law lives at 30, Hormead Road, Westbourne Park, W.—in August last, when I was making enquiries, the prisoner came up to me and said, "Excuse me, gentlemen, I believe you are making enquiries about a Mr. Maudsley and Sporting Luck; I am Mr. Maudsley, and I live at 24, Derby Avenue; I have seen you two at Trafford Dock talking to a man named Ponsonby, Ponsonby has been making enquiries at a place where I have my letters addressed; he has been prying into my business, and if you want to know anything about, me you had better meet me at my solicitor's in Manchester in the morning"—I did not know him at the time; he was very excited, and we all went to an hotel.
Re-examined. The prisoner's mother-in-law still lives at Hormead Road.
S. J. HOLLOWAY (re-examined). This envelope looks as if there was a "J" or a "Y" there—I have no doubt it is post-office ink, but I find no mark—it has probably got smudged, but I can find no trace of a post-office mark.
By MR. GEOGHEGAN. Here is a mark something like a "y" on the clean corner, two forks and a tail—the absolute stamp on it is of the same size as the faintly-marked "y" in the corner—I doubt that the "y" in the corner is the attempted impress of the post-office stamp—it is post-office ink, and similar in size—"y" is the final letter in the, postal mark "July"—I do not think that might be another letter, it is not a "J"—if it was a "J" that would not satisfy me that it had been stamped with insufficient ink—supposing the letters were "J—y," the letters are close down to the edge, which they would not be—this looks like an eliptical mark, and we have eliptical stamps—the "y" is on the right, not on the left as it would be if the letters were reversed by coming in contact with another letter—the mark we are considering is slightly lower down—I do not think it is a real impression from any stamp.
GUILTY, but the JURY stated fruit their entire sympathies were with the prisoner that the "Sporting Luck" newspaper was an entire fraud, and not with the prosecution, and strongly recommended the prisoner to mercy. The RECORDER considered that there was no evidence that the newspaper had done anything fraudulent. — Six Months without Hard Labour.
MR. KERSHAW Prosecuted; MR. GILL appeared for Samuel Solomons, and MR. HUTTON for Isaac.
ROBERT HUTTON . I am delivery foreman at Buchanan Wharf, Wapping—on December 11th I delivered six chests of tea to Messrs, Baker & Co.'s carman, and on December 20th some more chests to Denham—four were wooden and two were tin—I saw them again at Leman Street station.
JAMES DENHAN . I am carman to David Baker, of Pancras Road, N.—on December 20th I took one of Bircham's vans to Lower East Smithfield, and went upstairs—I had no van boy—the van was gone when I came back.
STEPHEN WHITE (Inspector H). On December 21st, about 3.30, I went to 104, Cable Street, a tobacconist's shop, "with Wensley, Smith, and two other officers—they went to Princes Street, and I went to the main entrance and naw the prisoner Henry—I told him I was a police officer—he went into the back room, and I saw Samuel come into the back parlour, but before I could go to him, and as soon as he saw me, he ran back to the factory, and Henry also—I pushed through the shop after Samuel, and Henry passed me in the passage, went through a doorway, and up a step into a room, which is used for drying snuff—when they had both gone I spoke to Samuel in the passage, which is outside the factory—I told him I was a police officer, and said, "Have you any papers, I have reason to believe you have a quantity of papers in these stables; where does that door lead to?"—he said that he had no stable, but when I said, "Where does that door lead to?"he said, "Into the stable yard"—I said that I believed he had stolen tea on the premises—he said, "I will tell you the truth, I have some stables, but they do not belong to me; they belong to Isaac," and pointed and said, "That is my stable"—I got him across there, and the two other officers came into the stable yard—I asked him where the key of the stable was—he said, "My son has got it"—the sons were brought up, and Henry said, "I have not got it"—I looked through the stable window and saw some tea, and I told them if they did not open the door I should force it, which I did, and found six chests of tea—I said to Samuel, "How do you account for this tea"—he said, "I acknowledge that they are my stables; I cannot account for the actions of my son; you brought the stuff here,. I told you you would get us into trouble; why don't you speak the truth? and save me in my old age, I wish I was dead"—Henry said that it was brought by a man named Morris and said, "Why don't you shut up"—I took a note of it and said, "Do you know where this man lives"—he said, "Yes"—I said, "Where"—he said he did not know—I said, to the whole of them, "This is a very unsatisfactory account of this tea, which, I believe, has been stolen, I shall have to take you all to the station"—
was we went out of the stable yard in a cab, Isaac said to Samuel, "Keep your heart up, don't fret, I will take the responsibility"—Samuel said, "I am an old man, 75 years of age, Isaac knows all about it, why don't he tell the truth?"—the six chests, were full of tea—I also found another chest, No. 23097, empty—at the station I told them that I had found an empty chest which I had taken possession of, they made no reply—I afterwards went into the loft and found 1cwt. 3qrs. 6lbs. of Trinidad cocoa beans, I saw them weighed—they were in two bags, but not cocoa bags—I went back to the station and told the prisoners I had found the cocoa beans, they said nothing.
Cross-examined by Mr. GILL. I have been in the district some years. and have known, getting on for 20 years, that there was such a person as Samuel Solomons—he was apprenticed to the cigar business and was afterwards employed in the Commercial Road—his business is grinding up tobacco stalks into snuff—he collects the stalks—he does not live at Cable Court, he lives at No. 96, Lancaster Road, Hackney—I do not know where he keeps his pony and trap—he gave evidence for the excise in a case of smuggling—104, Cable Street is some distance from the corner of Princes Square—There is a small shop there, you pass through this shop and parlour, and there is an engine house and stable used as a store; then there is a large yard and a place where the snuff factory is, and the drying room, where the stove is—Mr. Beaumont keeps a horse in the first stable in Princes Square—there is only one stable in the yard—Mr. Leicester has a place there, and then there is a wood factory and then the stable where the tea was—the premises join—a cart or a van must go through the entrance in Princes Square—I have not ascertained that the stable is used by a man who passes by the name of Morris or Brown—I have endeavoured to find Brown, one of the officers has seen him—I have no evidence to arrest him upon—this case is not being prosecuted by any solicitor—there is a protection society of the carmen and contractors—only one complaint has been made of my conduct in connection with the Hartley matter—I have had plenty of cases of the Carmen's. Association—the complaint was made by Mr. Kebble, the solicitor to the Association—I do not know whether questions were asked in the House about it—I heard that there was going to be—a man named Baker is the owner of this property—I saw one gentleman of the protection society about this case, but not the solicitor—I was asked about the elder prisoner and about the stable before the Magistrate—I have not taken the trouble to enquire whether he has a stable in Lomston road—when I was asked before the Magistrate my answer was that he had been mixed up in several cases—he gave evidence in a smuggling case; I do not know whether he volunteered it—I only know that he said that one of his sons had brought some snuff home, and that he would not have anything to do with it—when I first spoke to. Samuel I was alone in the passage of the factory—the beans were found in a loft which Isaac went to—the elder prisoner appeared much distressed afterwards, but not at the time—some of our subordinate officers have retired recently, Brogden is one—Lapsley is not the man who took me into custody for being drunk, but he made a complaint against me—he was degraded and left the force—other officers who were under my control have been degraded.
By the COURT. I am chief inspector, and hope I shall be for a long
time—Mr. Kebble, the solicitor to the Carmens' Association, sent a telegram to Shadwell Station, and asked that a certain officer should be at the Thames police-court at a certain time; I never received it, and at four o'clock in the afternoon they could not find the proper officer, and the solicitor complained: shortly afterwards another van robbery occurred, and, I suppose, be felt aggrieved, and tried to get a question asked in the House of Commons, but I do not think it was asked; at any rate, they enquired of Mr. Anderson—that was last April or May—one man who sold the tea was sent to three years penal' servitude, and at that time the prisoner was standing outside the place.
Re-examined. Some tobacco was being ground into snuff at Euston Station—this gentleman went to buy the snuff, and when the case was being investigated, Samuel said he had bought some snuff at 2s. 2d. a pound, and he told him not to have anything more to do with it—I have got a cutting from the newspaper, which gives a very good account of it.
FREDERICK WENSLEY (Detective, H). On December 21st, I was with Smith—we went into Princes Street and saw the three prisoners standing in the doorway of the stable where we found the tea—the door was open—it was between one and two o'clock—I went to Inspector White and made a communication to him—I afterwards went to the Princes Street entrance, and waited there till White came out with Samuel—he made a communication to me—I went to the drying room, and saw Henry there, I asked him to come out—he said, "What for? What is the matter?"—I said, "Where is the stable you have got the tea in?"—he said, "I have got no tea, I know nothing about the tea, and we have got no stable"—he came down, and in the mean time Isaac came out, and we all four went to the stable—White was there with Samuel—the door was shut—Inspector White said, "Is this your stable?"—he said, "Yes, but it does not exactly belong to me, it belongs to the family"—White said, "Where is the key?"—nobody gave it up—White said, "If it is not given up the door will be forced, and the door was forced—I took a note of the conversation—as soon as we got the door opened, White said something, and the elder prisoner said, "This place does not belong to me, if there is anything wrong, it is the fault of my son"—he turned round to Isaac and said. "You brought this stuff here, you know you did, I wish I was dead; why don't you speak the truth and save me in my old age"—Henry said, "Why don't you shut up"—Isaac said, it was brought by a man named Brown, and the other said, by a man named Morriss—Henry said, "If you had let me go away when I wanted to I should not have been in this lot"—I put them in a cab and waited till Inspector White came back and found the key.
Cross-examined. by MR. GILL. I have not got any note of the time I went there, but it is in my official diary—Smith was with me—I went there on December 21st about 3.20—When I was there at one o'clock I went into the yard, and the stable we looked at was opposite to me—this (produced) is a photograph of the stable where the tea was found.
Cross-examined. by MR. HUTTOX. I put down the words, "If you had let me go away," as they are in my note book—Smith was not there then, I wrote them down in our office three or four hours afterwards—I do not know whether Smith wrote them down, he was present—it was too dark to
write at 3.30 and we were busy looking after the prisoners—they did not try to escape, we were not holding them—I did not go to the station till seven o'clock—I was not too busy to make a note when I was left behind.
CHARLEY SMITH (Detective, H). On December 21st, in the early evening, I was with Wensley—I went into the yard and saw the three prisoners—the stable door was open—they were standing in the doorway talking—it was shortly after one o'clock—that was the stable in which the tea was afterwards found—I afterwards went with White and Wensley to Cable Street,—we waited in Princes Street till White came up with Samuel Solomons—I fetched Henry, but had no conversation with him—Wensley brought up Isaac—I took a note of the conversation outside the stable door—the old man said, "Yes, this is my stable, it don't belong to me, it belongs to my sons, they have more to do with it than I have"—on being asked for the key he said, "My son Isaac has got it"—Inspector White said, "If the key is not forthcoming, I shall have the door forced"—the door was then forced, and the Inspector said, "How do you account for the possession of this tea"—Samuel said, "They are our stables, I am not here very often, if there is anything wrong, it is the fault of my son," and speaking to Isaac, he said, "You are the man they want, you brought the stuff here, you know you did, I have told you before you will get us all into trouble, I wish I was dead; why don't you speak the truth and save me in my old age"—Henry said, "Why don't you shut up"—Isaac said, "The tea was brought here by a man named Brown, I know where he lives"—Inspector White said, "Give me his address"—Isaac said, "I don't know"—Henry said, "No, it was brought here by a man named Morriss, I do not know where he lives"—Inspector White said, "This tea is in bond, and you have given a very unsatisfactory account of it, and I believe it to be stolen, you will all be charged"—Henry said to Samuel, "If you had let me go away when I wanted to go I should not have been in this"—when they were in the cab Isaac said to his father, "Don't fret, I will take all the responsibility"—when I got to the station with them I made a note of it.
Cross-examined by MR. GILL. This is the only note in my book—I do not know whether Wensley made a note, and I did not tell him whether I had—mine is quite an independent note—I started a new book that day, and kept it for this particular case—I was examined before the Magistrate about eight days afterwards—nobody had made any remark about the note at that time, not till January 6th—I have another note-book in my pocket, I do not keep a note-book for every case.
Cross-examined by MR. HUTTON. No one was present when I made the note, I did not see Wensley when I made it, he did not go to the station with me—I saw him when he came into the station about five o'clock.
SIDNEY REED . I am carman to Seward Brothers, Limited—on December 20th I took 15 cases of tea from their place to Heritage Wharf, there was something wrong and I took them back; one chest was missing.
SAMUEL SOLOMONS, NOT GUILTY .
HENRY SOLOMONS, GUILTY .— Four Years' Penal Servitude.
ISAAC SOLOMONS— Three Years' Penal Servitude.
OLD COURT.—Thursday, February 10th, 1898.
Before Mr. Justice Latrine.
MR. O'CONNOR Prosecuted and MR. HUGHES Defended.
NOT GUILTY .
169. JAMES COPP (60) was indicted for feloniously and maliciously sending to Jane Emily Monk, a letter threatening to kill and murder her, and for feloniously uttering the letter, knowing the contents thereof.
MR. WILBERPORCE Prosecuted.
JOHN MCCARTHY (Detective Inspector B). On January 13th I saw the prisoner at Eaton Terrace, West Brompton; I said, "I hold a warrant for your arrest"—I read it—I said, "I have got three letters shall I read them?"—he looked at them and said "No, they are mine"—the letters were dated April 14tb, July 3rd, 1897, and January 5th, 1898—I arrested him and charged him with feloniously sending a letter, threatening to murder Miss Monk; he said "Miss Monk owes me for three suits of livery; I have written to her and I have been to her house and she will not see me; I have not slept well for several nights past."
Cross-examined by the prisoner. You said you were very unwell and hungry—I offered you some food and you declined it.
WILLIAM DOUOAL (Detective Serjeant B). On January 13th, I went to 97, Adriane Terrace, Kensington, and searched an ante-room on the ground floor occupied by the prisoner—I found a draft of the original letter of January 5th—It appears to be in the same handwriting as the original.
The prisoner. "I own I wrote that draft first to see that everything was in it before I sent it away."
JANE EMILY MONK . I live at 4, Cadogan Square-for some six years up to August, 1896, the prisoner was sent to me by Mr. Wimbush to drive the horse he supplied me with—he so acted for about three months each season—up to August 1896, the prisoner made no claim of any kind upon me; in August, 1896, he did but I declined to entertain it—the claim was for £15 in lieu of liveries—I received a series of letters from the prisoner of which those dated April 14th, July 3rd and January 5th, are a few—In consequence of the letter of January 5th, I apprehended violence from the prisoner; I identify the letter [Letter read] "97; Adriane Terrace, Infield Road, West Brompton, London, January 5th, 1896. Madame, I find you are in town again I write to you for the last time, asking for payment of the £15 you owe me in lieu of three suits of liveries and three livery hats. You Madame have kept me out of work for 18 months
come the 12th of this month, a loss of £117, and spent in waste, for rent £20. You have broken up my home, sold my goods and driven my poor wife to get her living where and how she can, I hare not seen her since October 1st, and don't know where she is or what she is doing. I am living by myself in a small ante-room sleeping on a chair-bedstead utterly ruined through your cursed dishonesty and falsehood, think Madame think of the untimely death of Mr. Terriss the actor and see what hunger and madness will drive a man to do and pay me before it is too late, I am prepared to end my days in prison or die on the scafford rather than be cheated by the cursed daughter of an English Bishop. I am Madame, your unfortunate servant, James Copp."
Cross-examined. There was an agreement in 1891, that you should receive 30s. a week, 2s. for tools and £1 at the end of the season for the" use of top boots; you were to have a suit of livery, a livery hat and an overcoat—there was no agreement that at the end of the season you were to have the livery; at the end of two years you were allowed to take it away—A suit of livery generally lasts two years—the last man in my service did not have a suit every year.
The prisoner's statement before the Magistrate: "There is no threat to murder in the letter: it says how I have been treated. I said, "You have kept me out of a situation a year and six months; my things are sold; everything I had is gone and I wish to come to a settlement, "I got no reply.
Prisoner's defence: I never thought of threatening Miss Monk, I have not been near her house or caused her the slightest annoyance; I simply begged her to come to a settlement; if she had given me the clothes there would have been an end of it; I merely alluded to the death of Mr. Terriss as showing what hunger would cause a man to do; I never thought of doing Miss Monk any harm.
GUILTY .— Nine Months' Hard Labour.
The Prisoner, in the hearing of the JURY, PLEADED GUILTY to concealment of birth, and the JURY thereupon found her GUILTY of concealment of birth. — Twelve Months' Hard Labour.
MR. ROOTH Prosecuted.
THOMAS SHEPPARD . I am a writer—I lodged at 88, Woodchester Street with the prisoner and his wife—the prisoner is a street singer, I believe; his wife keeps the house and pays the rent—I had been there some three mouths—on the night of January 27th, the prisoner was in the Edgware Road waiting for me when I left my employment—I stood him a drink after we had walked some way—he looked very pale and said his wife was very queer—in consequence we went home together and I went into his rooms—after I had been there a few moments Sergeant Buckley came with a warrant for the prisoner's arrest—he read
it to him—the prisoner said he would go, and then he got up and pushed my head back and drew something sharp across my throat—I was standing with my back to the drawers one or one and a-half yards from the prisoner when he got up—he made use of some bad word—I felt my throat bleeding—if I had not held my hand up T should have got it this side as well—the blood was running down my things—I got several handkerchiefs and put them in the wound and went to the station—I was attended by Dr. Robinson, the divisional surgeon—the prisoner has threatened me and his wife to do for us—I don't know why he was going to do it—I have not committed adultery with his wife—I have slept in the same bed with her when the prisoner has been there—we have all three slept in the same bed—I never saw this knife before—the prisoner was not a shoemaker by trade.
Cross-examined by the prisoner. I took your wife to the Welsh Harp on a Sunday and we had our photographs taken—your wife did not say to me "I don't like a man who sings in the streets; I love Tom, and I will stick to him"—you were bound over to keep the peace because you cut my eye open—you were cruel towards your wife.
Re-examined. I did not put his wife in the family way.
ROBERT BUCK (40 X). At 12.30 a.m. on January 28th I followed the prisoner and the prosecutor into the house, 88, "Woodchester Street—I held a warrant for the prisoner's arrest, taken out by his wife for threats—I found the prisoner seated 'in the front kitchen—I told him who I was, and read the warrant to him—he said, "All right, governor, I will go with you"—he got up apparently with the intention of going: with me—I turned to his wife, who was sitting there, and said, "Attend at the police-court in the morning at ten o'clock"—the prisoner seized the prosecutor by the throat with both hands, pushing his head back—I did not see the knife or any blood then, I only thought the prisoner was assaulting the prosecutor—I seized the prisoner, and dragged him out; when I got into the area the prisoner was struggling and I then saw this shoemaker's knife in his right hand—I grabbed at the knife, and said, "Give me that knife"—he said, "All right, here you are; that is what I done it with; I hope I have settled him"—I took him to the station—there he said, pointing to the prosecutor, "He has been sleeping with my wife. How would you like it? bought this knife to-day for half-a-pint of beer, and I intended to cut both their throats to-night. If I get 14 years for this I will do for them when I get out"—the prosecutor followed to the station with a handkerchief round his neck, and was attended by the divisional surgeon immediately.
JAMES BRISTOW (Inspector X). On January 28th, at 12.40 a.m., I was on duty in the Harrow Road police-station—the prisoner was brought in by Buck, accompanied by his wife and the prosecutor—after I had taken the charge of unlawfully wounding the prosecutor by cutting his throat with a shoemaker's knife with intent to do him grievous bodily harm, I read it to the prisoner—he said "I wish I had cut the b——head off, what would you do if a man slept with your wife? I am not drunk and knew what I was doing. If I have 14 years I will do for him after I come out. I wish I had had a pistol"—he appeared to be perfectly sober.
practicing at 1, Fernhead Road, Harrow Road—I was called to the Harrow Road police-station at one a.m. on January 28th—I saw and examined the prosecutor—I found an irregular wound across his Adam's apple 1 1/2 in. long and nearly 1/2 in. deep—a small artery was cut—he also had a cut on his right hand; that might have been caused if he had raised his hand and caught the knife—that would take some force off the cut to the throat—the wound was not dangerous in itself—it might hare been caused by this knife, it is rather blunt; there was a slight trace of blood on it when I saw it—a dangerous wound could be inflicted with this knife; if the wound had been higher up or lower down it would have been more dangerous—there would have been no great difficulty in killing a person with a knife of this description used in that neighbourhood; all round the neck is dangerous—the knife impinged on the cartilaginous bone.
The Prisoner called—
ANNIE THOMPSON . I live near these people in the Woodchester Road—on the Thursday night of this occurrence, I heard a scuffle outside the street door, and on going to the door I saw you in the custody of the police, the prosecutor and Mrs. Young were also there—I asked you to go quiet for your own sake—You said, "You know this man is living here"—I said "Yes"—I was a witness that your wife was living in adultery—they went to the station—Mrs. Young is my sister—on the Sunday morning before this I went down to my sister's, and I looked. through the area window and saw the prosecutor in bed with her, and I waited in the passage while he dressed himself—three weeks before, about 6,30 a.m., I went to her room with a cup-of tea, and saw you, your wife, and the prosecutor all in bed together—I know my sister tried all she could to get you to break the peace which you was bound over to keep for 18 months—she used to jaw you every time you came in the place, and she told you she wished you would break the peace—you had been bound over about six months before—you took in the prosecutor's four children; one died and one was put away in a school—my sister has four children—you worked very hard, and did not mind what you did—you sang in the streets and sold old iron.
Cross-examined. They were on good terms when I saw them all in bed together—the prisoner was always quarrelling about the prosecutor—on the night of this occurrence the prisoner was holloaing outside the door, "Bill, Bill;" Bill is my husband—we live close by—the prisoner was not using threatening expressions towards the prosecutor then—I never heard him use threats towards him; he was always telling him to go out, of the place—I never saw this knife in the place before—the prisoner had never been a shoemaker.
—LUCAS. The prosecutor brought your wife without you to the West London Music Hall, where I was—you are my brother-in-law; you do a bit of work, buying old iron, singing about the street, or anything else.
EMILY REGAN . I know you to be a hard-working, honest, respectable man—you have always been a very good father to your children and a good husband to your wife till the prosecutor came between you and your wife—you have earned money by singing, playing an organ, doing laundry work, chopping wool, or doing anything you could get to do—your wife;
has been carrying on with the prosecutor for nearly 12 months—I have seen them frequenting public-houses, and I have seen her sitting on his knee—you took the prosecutor's children from a lodging-house to your place—he is living now at 88, Woodchester Street.
Mrs. LEE. You are in my sister's husband—you were a good husband and father till the prosecutor came between you—my sister has gone about with the prosecutor for 12 months; I have watched her meet him at the Lord's Cricket Ground where he worked—she is still with him; they are at the Metropolitan Music Hall night after night—you have worked at anything to earn a shilling—you have been married 14 years, and she has been a very bad wife to you—you have had great provocation, and have not interfered with her.
The prisoner, in his defence, said that he had been selling fish, and had used the knife to cut it up; that he was upset, and had half a drop of drink because he heard his wife and the prosecutor had taken out a warrant against him.
ROBERT BUCK (re-examined by the COURT). The prisoner was bound over on July 26th for 12 months to keep the peace towards his wife, because of threats, and on September 16th he was bound over to keep the peace towards Thomas Sheppard for assault; he has also been summoned for threatening his wife since then, but she did not appear against him.
GUILTY * of wounding, with intent to do grievous bodily harm, under great provocation
Buck stated that the prisoner had done no regular work for 10 or 12 years, and that his wife was a hard-working woman, who had kept the home taleteller.— Eighteen Months' Hard Labour.
THIRD COURT.—Thursday and Friday, February 10th and 11th, 1898.
Before Mr. Common Serjeant.
173. STEPHEN MOWLE, otherwise Lumsden (40), WALTER CULHAM BROOKE (48), and ANN KOLLIER RUNCIEMAN (69) Conspiring to defraud Henri Lombard and William Francois Lombard. Other Counts—For unlawfully obtaining from them a quantity of furniture by false pretences with intent to defraud,
MESSRS. C. F. GILL, BODKIN and CAMPBELL Prosecuted, and MESSRS. HUTTON and GORDON appeared for Brooke, and MR. SYMMONS for Mowle.
WILLIAM FRANCOIS LOMBARD . I trade in partnership with my brother as Lombard Brothers, cabinet makers and house furnishers, at 48 and 50, High Road, Willesden Green—Brooke was last year and the beginning of this a commission agent of ours—I had known him in connection with a building society and he offered his services—we gave him a letter agreeing to pay him five per cent, on goods ordered through him when paid for—he paid his own expenses—amongst other customers he introduced Mr. Frank Fleming about February, 1897, as the proprietor of the Athenaeum Club, 50, High Road, Kilburn, to whom we supplied goods in February and March to the invoiced a" mutant of £34 9s. 3d.—we sent
in the account I believe on April 6th, the last goods being supplied on April Second—the account was not paid and we spoke to Brooke about it—the account was to pass the committee and to be paid by Fleming—we wrote to the Club—the letter was returned through the dead letter office about June 10th—we spoke to Brooke about it—he seemed very much surprised, and said he would make inquiries—he afterwards gave us Fleming's address as 7, Princes Road, West Kilburn—about June 18th, Brooke suggested that we should draw this bill on Fleming [For £38 10s. at two months and accepted, payable at 7, Princes Road]—the difference was offered as interest—the bill was presented—it was never paid—we had paid it away and were debited with it—I have never seen Fleming nor the furniture—Brooke introduced a Mr. Mayman to whom we supplied furniture to the amount of about £33—we received a cheque for £33 5s. 11d. on May 11th—Mayman was discharged by the Magistrate—Mowle was introduced by Brooke about June 9th, at the wholesale warehouse of Bailey Sloper, in Curtain Road, by appointment, as a well-to-do and substantial man who had an allowance from guardians, and was going to be married and wanted to furnish his house—a lady with Mowle was, I believe, introduced as Mrs. Mowle, or the future Mrs. Mowle—I believe Mowle had a list, like this produced, in his hand, he selected a number of articles to the amount of about £250—they wanted carved oak and we went to Kahn's where about £80 of oak furniture was selected, then to Nightingale's and bought bedding and bedsteads to about £47—the goods were to be delivered at 11, Royal Avenue, Chelsea—a day or two afterwards Brooke called at our place, at Willesden Green, and ordered for Mowle £21 worth of gas brackets from a catalogue—this is the invoice—the total is £387—some of the gas fittings were to be used in a billiard room—my arrangement with the wholesale houses (where there is a larger stock to select from) is that I buy the goods and resell to my customers—I have to pay in any event—I am liable for this £387—on June 11th I wrote to Brooke this letter, [Stating that the wholesale people would not deliver without cash, and Mayman and Fleming's cheque laid not been received though they had been written to, and that they named a week]—some gas-fittings and furniture, to the value of about £68, had been delivered—I wrote this letter of June 19th to Brooke, [Staling that the goods could not be delivered on Monday owing to the Jubilee, and asking for Mowle's address]—Brooke got us the address 13, Cheltenham Terrace, and some other information—Brooke told me Mrs. Runcieman was the mother or mother-in-law of Mowle (I know her as Mrs. Runcieman); that she had bought one lease and was buying another of the house, and a billiard room was being built at a contract price of £270; that Mowle was engaged in the musical and theatrical profession; and that he was partly independent—on June 24th I wrote this letter to Mowle [Stating that goods ordered on June 9th were ready for delivery and asking for cheque for £300 on account of the order amounting to £390]—between the time of the order and June 24th Brooke had told me Mowle was away on the Continent of Europe on his honeymoon and that was why there was delay—about June 28th I saw Mrs. Runcieman at our premises, having written her the day before—she spoke about the goods and we asked whether she would be responsible, in fact she offered in one case to be partly responsible
for the goods—I could not say whether we asked or she offered but she said she would be responsible—she called to make an arrangement—we asked her about Mowle's position—she said Mowle had been a friend but was no relation of hers—that was on the occasion I told her Brooke had said she was Mowle's mother-in-law—I wrote her this letter of June 28th [offering if £200 was paid to take a bill for two months for the balance]—I got the reply from Mowle on June 30th; [Stating that he could not accept the terms offered to Mrs. Runcieman, that he understood three months' credit was to be allowed, that she had offered to guarantee tlie order, and offering three months' bills for tile balance at five per cent, interest, or inform him when they would send van for the goods already delivered, and expressing sorrow that a better understanding did not exist.]—I got these three bills dated July 17th—£18 and £25 payable six weeks and £25 one month after date—they were renewed by one bill for £68—that was dishonoured—I have never received a farthing in respect of that £68—I believe the gas fittings were sold—I have seen one of them in the possession of the police—I have not seen any of the bedding—Brooke also introduced a Mr. Price, Mr. Johnston, and a number of others, to whom I sold goods to the value of £900, in respect of which I have received £18—in most cases the furniture had been removed—I have seen some of the furniture in the possession of Minter and of Mayman—Johnston has been committed for trial—about the beginning of October I gave information to the Treasury, and enquiries were made—afterwards Brooke offered to collect the whole amounts, as he was the only one who knew where these men were, and we should never get the money except through him—he said he should procure warrants for their arrest—an arrangement was made by which he should receive furniture in lieu of his commission, which was supplied him to the amount of £61 17s. 11d., as on this list—we paid him 10 per cent., or about 36s. on the £18, and on some small accounts, and advanced the rest, we never got any payment for any of these things—these are the two invoices making up the £61 17s. 11d.—the receipt is not ours, nor by our authority—the signature is not like mine—I should say it is Brooke's.
Cross-examined. by MR. BUTTON. I believe the receipt was found by the police on Brooke's premises—I have heard the goods had been distrained on, and that Minter paid the brokers out—we have stored some of the goods for the police—we credit him in this account with £47 10s. for commission, which would have been correct had the goods been paid for—we wrote him this letter of March 4th, agreeing to increase his commission to 10 per cent, on our approving the orders before supplying the goods—we took his word that the customers were substantial people—absolutely we did not make enquiries about Runcieman—we and the wholesale people did about Mowle—that is why more goods were not delivered—after inquiries we did not send £60 worth of goods to him—we may have sent him £4—I took shares from the Building Society from Brooke—I said before the Magistrate, "We did not make inquiries before the first lot of goods were sent in; it was our system to make inquiries through Protection Societies"—we inquired of Trade Protection Societies after Brooke introduced customers, not before, because we believed Brooke—my brother went and saw Fleming—I do not know whether he saw Mayman—he told me he saw the Club before
anything was delivered—when Brooke offered to collect all the monies he sent an agreement by post in which something was mentioned about security or a guarantee—he came and mentioned a guarantee office, I think in King William Street—I saw Mayman—he told me he had financed the Athenaeum Club in Melbourne—he wanted a carpet and other things—I did not press him to buy more—I may have asked him in the usual way—he brought a list—some of the gas fittings were supplied after a report from Bailey & Sloper, but we did not know they had not been delivered or we should have stopped the order—we have not been paid by Miller—he kept dining rooms—I was satisfied from the appearance of the place that he was doing good business and would be in a position to pay.
Cross-examined. by MR. SYMMONS. I did not know Mowle when I met him—I was prepared to trust him on Brooke's recommendation—I do not remember Mowle saying that he was engaged or was going to be married, nor about his honeymoon—goods were supplied two or three days afterwards—Mowle had not suggested before our inquiries that he was in a position to pay cash down—when Mowle wrote "Kindly inform me when it is convenient to send your van for the goods already delivered"—I have had reason to believe he was not in possession of them from knowledge since obtained—I did not know they were not parted with till July 15th—my brother went about the goods, and some arrangement was made that I cannot speak about—we did not get the goods—we did not send the van—a club was not mentioned—I thought the furniture was for a private house, and that the people would have a billiard room.
Cross-examined. by Runcieman. A conversation took place about Mowle ordering goods for 11, Royal Avenue, to the extent of £300 or £400, and as to whether you would supply them, but I cannot recollect the exact words—I asked if you knew Brooke, and you said, "No," but he called to see Mr. Mowle—I asked you if there was anything you wished to buy, you said you wanted a side-board and I said I should be pleased to supply it—I do not remember the amount you mentioned, but you said "Not till I can pay for it," as you had enough to pay before the end of the year—you said you were short of money—you said you were partly responsible, you did not refuse when I asked you—finally you de clined, but you did become responsible—you sent a telegram which I believe was responded to—I never saw you before you came to our shop.
Re-examined. I got this letter, of July 15th, from Mrs. Runcieman: "I certainly do not think it altogether wise for Mr. Mowle to undertake the amount of the bill at a month, but certainly think he can and ought at two months from this date"—that was the bulk for £68—she paid for some flower-pots £1 5s. 6d.—the shares I held in the Building Society on Brooke's recommendation, are transferred into one share—Millard incurred a debt of £244 15s. 11d.—we have a judgment against him, and cannot find him.
EDWARD MARTIN PAYNE . I am a registered medical practitioner and Bachelor of Medicine—I have been attending Mr. Minter, of 57, Ashford Road, Cricklewood—I have seen him this morning—he is suffering from tonsilitis, and unfit to travel—he is in bed, and unable to come and give evidence.
Cross-examined. by MR. HUTTON. I attended Brooke about November or the autumn of 1897 for about a month—he was confined to his bed part of the time—he was living in Larch Road.
HENRI LOMBARD . I am a partner with my brother—amongst other persons we supplied Fleming with goods—he was introduced by Brooke—I went to the premises before the goods were supplied—they were open as a club, I believe, in the basement—after the goods were supplied I saw Brooke and Fleming—they passed me a short distance, then turned back—Fleming said he had been ill, and that was the excuse for not paying his account, but he would come and see us the next day—he never came—we never got paid—they were removed without our knowledge—I had called and I took measurements for the linoleum—after that Mayman was introduced as a customer, and I went to 11, Koyal Avenue after the goods were delivered—I saw Mrs. Runcieman on one occasion—we had had a letter from Mowle stating he could not pay—she said he would be in a position to pay when he received his allowance from his guardians, and that if he would then go there she would see they were all right and they would not be moved away—this was several weeks after the goods were delivered—Mowle had written that he could not agree to our terms and we must fetch the goods away and I went with reference to their being brought away and she persuaded us not to do so until she had seen Mowle again—I told her the contents of the letter—I did not see the goods—she said they would be there and would be kept safe—Mowle called about the last Thursday, or last but one, in July and after signing three bills a telegram came, in consequence of which I went to Royal Avenue where I saw Runcieman, Mayman, and a lady who passed as Mrs. Mowle—Runcieman said the goods had been removed without her knowledge—Mowle heard it and said they had only been removed away and stored for safety—I did not ask where—Runcieman had promised to look after the goods on June 13th previously—she did not appear to know where they were—I never saw them again—I again went to see Runcieman the beginning of October—she said Mowle was in Manchester for a few weeks trying to get an allowance from his guardians—she said Mr. Fleming had been to 13, Cheltenham Terrace, when I received the wire, and that she had taken it, and Mowle was going to reside there, and that she had turned Fleming out for misbehaviour—we did not ask Mrs. Runciemain to pay—I do not think she offered—through the transactions with Brooke we are out of pocket £800 with the expenses connected with it.
Cross-examined. by MR. HUTTON. We have not lost a large amount in bad debts—we have been in business about three years, two years when Brooke came—I went to the club—there was no one to make enquiries of—I asked Brooke what the club was—he said it was an ordinary social club—I did not ask him how long he had been there, I knew he had not been there long—there was a billiard room and a billiard table—there were chairs and other things one would expect to see in clubs—there was a bar—there was furniture to the value of about £150—it was not new, except the billiard table—Brooke said he could not work for five percent. and asked for 10 per cent, commission—he was authorized to collect money in two cases—he had two receipt books.
Cross-examined. by M.K SVMMONS. I do not recollect Mowle mentioning
Falke's name, nor that he was going to foreclose—I heard Runcieman was in treaty for the purchase of the lease of a house—Mowle did not say he had the goods removed to prevent their being taken in the foreclosure—he said he had them removed during the alterations—he did not say it was to avoid distress—I went to the club in February—the goods were delivered about two days after the order.
Cross-examined. by Runcieman. What furniture you had you paid for—you sent a telegram to which we responded, and you were all in the sitting room—you were angry and would not stay in the room, because Mowle had taken the goods away without your consent.
Re-examined. I never heard from first to last that the furniture had gone to 13, Cheltenham Terrace.
ELLEN ELIZABETH CLARKE . I live at 45, Cloudesley Road, Islington—for five or six years I have been acquainted with Mowle—I lived with him as Mrs. Mowle, first at 43, Hartland Road, then at 11, Royal Avenue with Mrs. Runcieman, whom I have known about six years—she kept a boarding house at Quex Road, High Road, Eilburn—at 11, Royal Avenue I did not pay her anything, I did all the domestic work and waited upon the lodgers—at Quex Road I pawned articles for Mrs. Runcieman three times—I am married—my proper name is Mrs. Clark—when at Royal Avenue, Mowle asked me and I went with him to Curtain Road to help him to select some household furniture for a club in Cheltenham Terrace—Mrs. Runcieman was taking the house and Mr. Mowle was to rent it for her—Mr. Fleming had first to do with it, and then Mr. Mowle said he would rather not have Mr. Fleming—Brooke visited occasionally at 11, Royal Avenue—bedsteads, bedding, gasfittings and other things came to and were stored at 11, Royal Avenue till the following morning when they were removed by Mr. Neighbour's cart because Mrs. Runcieman thought there was not room for them—they were taken to Cheltenham Terrace—they never came back to Royal Avenue—there were no alterations at the Royal Avenue—Mowle lived by waiting at the clubs and collecting money at times owing to him by several people—part of last year he had pupils—his friends in Manchester sent him, I believe,£1 a week—Mrs. Runcieman had money sent to her—I kept myself as there was not always food in the house—the boarders provided for themselves—I saw the brokers in at Royal Avenue—there were difficulties about the rent and living at Hartland Road—we left without notice and went to Mrs. Runcieman's.
Cross-examined. by MR. HUTTON. I was always known as Mrs. Mowle at these lodgings—we did not see much of Brooke towards the last—he called several times after the furniture was sent in—he came more then than he did before—he appeared anxious to get the money—Mowle and Neighbour went to Manchester—Mr. Neighbour was building the billiard room—I heard Brooke say Lombard's money must be plaid—Brooke was provided with refreshments sometimes, but if there was nothing to offer he was not asked.
Cross-examined. by MR. SYMMONS. Mr. Lombard gave me a luncheon at the Horseshoe with Mr. Brooke—I do not remember his calling me any name, but I was introduced to him as Mrs. Mowle—in consequence of a telegram one of the Lombards called—he saw Mrs. Runcieman and Mowle, and I was in the room part of the time—Mr. Lombard was told
the furniture had been removed, and he asked if Mr. Mowle would give him a bill—there was a letter from a solicitor, and I knew Mrs. Runcieman was compelled to complete the purchase of a house—I helped to select the goods—the club at Cheltenham Terrace was not started, because Mrs. Runcieman could not complete—there was also a difficulty about the furniture; more furniture was wanted than came—a club could not be started with the place in that unfurnished state—Mowle hoped to make a profit from the club—there was just a wall round for the billiard room it was not roofed in, the builders not going on for want of money—I never saw Mrs. Runcieman's letters from Manchester—I knew they had been sent to Mowle from his cousins at Gatley Hill, Cheedle, near Manchester—he got £10 and other sums, and a nice piano—he got some money on the piano.
Cross-examined. by Mrs. Runcieman. You once or twice lent me money which you had back—I do not know what you lent Mr. Mowle—Mr. Kendall, of Cheedle, sent you £10—Mowle was not ill, and you did not take him in and nurse him; he went out each day—I never asked you for money at Quez Road—I did not want it, Mowle provided my food and I was working for you—I pawned some plate for you—I redeemed it for you—it was in the name of Knight—I did not ask you to lend me £25—Mowle asked you in Fleming's presence—he had it—he went regularly to the club and brought money home, with which I kept house 6 weeks—my two boys, aged 15 and 8, were with me at Royal Avenue—they are children of my husband, who is still alive as far as I know—I remained with you at Royal Avenue till November—you had three servants, two months and a fortnight, Emily Rose and Hannah, during the time I was with you—in November my health failed and I had to leave—you had nothing to do with Mowle's furniture—you did not tell me you were dissatisfied with Fleming—I remember a Mr. Cox calling on you, and others I do not know, at Hartland Road—I told you my name was Mrs. Clarke.
Re-examined. The club Mowle went to was the Athenaeum—I believe Brooke went there occasionally—Mowle told me Brooke had recommended him to a firm where he could be supplied with furniture on credit—Mowle was a member of the club—he said he could bring £3 a week from the club when he asked you to lend him money—the club was closed soon afterwards.
WILLIAM LOVELACE . I am a salesman to Mr. Rowley, a furniture dealer, of 216, High Street, Camden Town—in June last, in consequence of a visit from Mr. Lumsden, I went to 13, Cheltenham Terrace, where I saw Mr. Fleming, who showed me gas fittings, bedding, and furniture—I offered £19 for them—they appeared to be new—about July 14th or 15th Fleming and Lumsden (Mowle) called—Mowle said he wished to sell, and would take my offer—he said his friend had bought it, as he had been going to furnish a house, but had altered his mind and was going to sell off—I asked to see the receipt and he showed me one, of which this appears to be a copy—I did not know the name on it, Lombard—the amount was about £56 or £58, but this includes gas fittings—I did not buy any gas fittings, only the beds—I took the goods to my employer—I paid the money to Mowle—the goods were sold—I saw Mrs. Runcieman at 13, Cheltenham Terrace, on the second visit—she tried to persuade him not
to sell them—she said his friends would be angry, because they had been put to great expense in purchasing these goods, and there would be a loss—he said he wanted the cash, and he would sell.
Cross-examined. by MR. SYMMONS.£19 was a fair price for what I bought—I did not notice whether the receipt said for cash or bills, I saw the stamp was erased and the receipt referred to what I was buying.
GEORGE CONWAY NESBIT . I am a photographer and the proprietor of 50, High Road, Kil burn—the basement was let as a club to Mr. Fleming—furniture was brought in and a social club carried on—I was a member—I paid half-a-crown entrance fee—it developed into a gambling club and was closed when the police were about to visit it—there were about 50 or 60 members—I did not see Brooke till the things had been removed—I have seen Mowle there—the rent commenced at £80—there was one large room—the house would rent at £344, it is very large—in the club was a billiard table, little tables, settees, chairs and different things—the rent was paid for November, December, and January, monthly, in advance—on May 3rd I found that the things had been removed during the night—I had had no notice—Mowle was a billiard player—he did not appear to have anything to do with the management—I saw Mayman there.
Cross-examined. by MR. HUTTON. Brooke came to know if it was correct that the things had been removed—he had heard a report—he seemed upset—he said that the things were his and had not been paid for—I had no business with Brooke; he offered—I contemplated furnishing—the other part of the house is used as business premises—Brooke told me he was engaged for Lombard's, and that he wanted to get business right and left.
WILLIAM FLEMING . I am a greengrocer and furniture dealer at 24, Glentworth Street, Dorset Square—my brother Frank lived with me in May last—he was connected with the Athenaeum Club, High Road, Kilburn—one Monday morning in May, on arriving at my house, I found the whole club furniture, which had been placed in my house, was shifted—I afterwards saw it at 13, Cheltenham Terrace—my brother took me there and Mowle asked me to buy the things—I offered a ridiculous price,£5, because I did not want them—I was given to understand they cost £78—they were new—he gave no reason for selling them—I did not ask him—except some gas fittings and the billiard table the furniture came back to my house—I sold some of them, a carpet and so on—my brother asked me—I gave him the money—I have sold the chairs and gas fittings—I have not seen my brother since—he did not say he was not going to return—the police coming on the Saturday night was the first intimation I had of it.
Cross-examined. by MR. SYMMONS. I saw the goods and bid for them about July.
EDWARD JOHN SMITH . I live at 96, Hanley Road, Finsbury Park—I am employed by Wright & Company, billiard table makers of Westminster Bridge Road—I sold on the hire and purchase system a billiard table for about £78 to a Mr. Fleming—in October, 1896—it was to be paid by instalments—I got £30—calling at Fleming's address, 50, High Road, Kilburn, in May last, I found the billiard table was not there—I made enquiries—Mr. Fleming gave me some information and I retook possession of the billiard table at 13, Cheltenham Terrace, the instalments
not having been paid—it was removed with my sanction—I have it now.
Cross-examined. by MR. HUTTON. I paid £10 to Mr. Maymar, who told me where the table was.
WILLIAM NEIGHBOUR . I am a builder and decorator, of 301, King's Road, Chelsea—early in 1897 I had the letting and selling of the lease of 13, Cheltenham Terrace, for the landlord, Mr. Falcke—I saw Mrs. Runcieman, as Mrs. Mowle, about it on May 14th, first—I addressed her as Mrs. Mowle, and she did not deny it till after a Mrs. Mowle called, when I was not in—I told her the lease was for 21 years, the first 14 years at £40 and the last seven at £42, and the premium asked,£300—she asked me if I thought it was worth it, I said "Yes," and then she said "I will take it"—an arrangement was made to go over the house, and I went over it with her—she said she wanted if for herself to let as a lodging-house and furnished apartments—I went over the house again with her, Brooke, Fleming and, I think, Mowle—after the conversation and Brooke had gone, she said Brooke was going to put £100 into the concern—they asked me if there was room for a billiard room in the garden—I measured it, and said, "Yes"—when I told her that she said, "You see the surveyor and get plans out, and let me have a specification—after that they decided to use it as a non-political or social club—the price of building the billiard room was to be £270, and £5 10s. for steps outside the front door—she agreed to pay that—she said it was a lot of money—Brooke said it was a very fair price for the work, and "I should advise that Mr. Neighbour had the work"—afterwards he said he hoped I would make a good job of it, "because I have got money in this"—the contract for the purchase of the lease was not completed—an agreement was come to, and there was to be a deposit of £30, the rest to be paid on July 15th or 16th—the agreement for lease was sent to Mrs. Runcieman, who signed it—on May 27th the deposit was not paid—she gave me £5—she said, "The name is Mrs. Mowle, my name is not Mrs. Mowle"—I said, "I have called you Mrs. Mowle up to this time, how is it you are Mrs. Runcieman now?"—she said, "Well, I have left Chelsea a good many years, and I do not wish people to know I have cloud back again"—I understood she had lived there as Mrs. Runcieman—shortly afterwards Brooke and Fleming came to look over the house, and I went with them to see what furniture was required for the different rooms, and I took measurements—Brooke and Fleming made a list—in small instalments I got about £19, the last £2 in December—on June 12th she asked me and I moved some bedsteads, bedding, and other furniture, from Royal Avenue to Cheltenham Terrace—I afterwards saw it there, and some gas fittings which came in a crate—a billiard table had arrived before that—the goods were stored there—Fleming said that Mr. Falcke had consented to their being tenant at will, pending the completion of the contract—I noticed that part of the furniture disappeared—the billiard table went first, and then the bedsteads and bedding—I asked Mowle about the billiard table, and he said, "I should make you laugh about that, it is a laughable story; Brooke had arranged with a man named Mayman to get the billiard table away Fiona Fleming, Brooke sent a telegram to Fleming at Cheltenham Terrace, he went to 11, Royal Avenue, where Mowle lived, and he said, "I have a telegram from Brooke to meet him at the Serpentine. Will you go?"
He said, "Yes," and that they waited, but Brooke did not turn up, and they went on to Kilburn and came home again to Royal Avenue; a few minutes afterwards Fleming said, "Old man, what has become of the billiard table?"and that they went to Walton Street station and threatened to lock up somebody; it was really suggested by Clarke that I had something to do with it, but I happened to know the gentleman, and he happened to know me—I did not know anything about it—I had begun building the billiard room early in July, and was going on with it—I had cleared four or five large trees in the garden, put the foundations in, and built the four walk up six feet high, and had got on at my shop with the carpenter's work—I had spent about £87—Mrs. Runcieman had promised me 80 per cent, as the work proceeded—I got nothing; but she made me answerable for £21 of the remaining deposit to the bank, as Mr. Falcke was going to foreclose—Mr. Falcke owed me £21 odd for repairs, and I gave him a credit note on her promising to repay me on the Saturday—I got none of that back—from July to December 11th I got £10 in "driblets"—Mr. Falcke foreclosed and took possession of the house—it is now empty, and three quarters' rent lost—there is a space of 37 feet by 20 feet in the walls, which are built against the garden wall, and there is no roof—I went every day for the money—I saw Mrs. Runcieman from time to time—one day Brooke read from notes, and Mowle copied, a list of the furniture—Mrs. Mowle, Fleming, and Mrs. Kuncieman were present—Mrs. Runcieman told me she acted as guardian to Mowle with Dr. Ligterwood, and that the banking account was being changed from Parr's Bank, Kilburn, to Parr's Bank, Sloane Square, and that she had entrusted Dr. Ligterwood, of the Royal Hospital, Chelsea, to do that—on one occasion I saw a bundle of these printed letters, commencing with "An earnest appeal to those whose sympathies are ever with the distressed," &c. (Asking for astistance and giving well-known names as references)—I wrote a circular letter to each of the references and handed the replies to Inspector Brock well—Mowle told me he was a married man not living with his wife—on another occasion Mrs. Runcieman said she was going to the North and that she believed if I went to see Mr. Kendall at Cheedle, in Cheshire, with Mowle, he would possibly get cash, of which I should have some to help her off my debt—I understood that Mrs. Kendall was Mowle's first cousin and allowed him £1 a week for life—I took the journey and saw Mrs. Kendall—Mrs. Runcieman paid the fare and gave me an introduction—Mowle waited outside—I came back without any thing—I afterwards told Mowle what she said, that "I have told Mrs. Runcieman I do not wish to see her, nor have any negotiations from her at all, nor do I wish to see Mr. Mowle."
Cross-examined. by MR. HUTTON. Brooke was not present when the agreement for the lease was signed—he did not lead me to believe Runcieman and Mowle were substantial people—Brooke said, "I think they are trying to do us." I said, "Who?"and he said, "That lady"—that was after I had stopped work, and in the street at Royal Avenue—I said, "I do not think Mowle knows anything about it"—Brooke said, "As soon as I hear anything I will let you know"—he called at my place to see if anything fresh had turned up—Brooke did not get anything out of my work, nor did I—I do not believe he attempted to defraud me, nor to
induce me to take up the work—I have not the slightest complaint against him—from what I saw I am of opinion he had nothing to do with any fraud.
Cross-examined. by MR. SYMMONS. Mowle never suggested that Mrs. Runcieman was any relation of his—my men moved the furniture from Royal Avenue to Cheltenham Terrace—Mowle asked me, "Did I think if Mr. Falke foreclosed he would take what there was on the premises," and I said, "I did not," and I said, "I do not know what he will do"—I was induced to enter into the contract to build by believing Mrs. Runcieman would get the money, and not by anything Mowle said or did—she was my employer—he was present when the price was mentioned, but he did not have anything to do with the acceptance—I saw the lady who was spoken of as Mrs. Mowle—from Mr. Falcke I gathered who Mrs. Runcieman was—when I pressed for money she paid me £5 to go to the Kendall's, who appeared to be people in the silk trade, and worth probably half a million of money—I concluded Mrs. Kendall would have helped Mowle but for Mrs. Runcieman—I knew Mowle was residing with her and that Mrs. Mowle was acting as a servant—not before the contract—Mowle never suggested what Mrs. Runcieman's position was—I saw him hundreds of times.
Cross-examined. by Mrs. Runcieman. I was told that Mrs. Mowle had called before I saw you—I did not know you—you told me you had lived at the Royal Duke of York School—I have never given you a receipt for £30, I gave you one for five pounds—you said you wanted a large room as a billiard room or dining room for lodgers—you had lady lodgers—also Mr. Mowle—I do not remember one or two colonels being there—the contract was for £275 10s. including £5 10s. for wooden steps, which, under the County Council bye laws, were not allowed to be put up—the bath room was to be on the second landing, because you said your lodgers would not go downstairs—I washed the front door and varnished it at 11, Royal Avenue, and you asked for the bill for that—I received £4 that you drew from your lodgers in advance at Cheltenham Terrace—it was left with Mrs. Neighbour—I knew you received money "which Mowle never had, because I had seen a letter from the Kendalls—I was a stranger to the Kendalls, and should have done better if I had gone without your introduction—I did not see any letters from the Kendalls to you, I did to Mowle—I did not hear Mr. Falcke threaten you, he merely said that you were one of the greatest swindlers that he had had to deal with, and the sooner you were within four walls the better he should like it—I did say, if you would depend upon me I would help you all I could, and if you could recommend me to some friends for work it would be a lift to me, but that was before I found I was not going to get any cash for the billiard room—I indentified my account against you in the police-court, with the postmark on it—I was asked by Mowle to remove the furniture from 11, Royal Avenue, you did not want it removed, but it was bought for Cheltenham Terrace—I do not recollect whether you were present when it was moved—you wanted it moved over night, but I came early in the morning—we moved it to Cheltenham Terrace—it is the general rule in the building trade to pay 75 or 80 per cent, as the work goes on—Falke was not refused a similar Action to this at Westminster, he told me he was going to lock you up and
I said, "You had better let her alone for a bit, she will get looked up soon enough"—you told me you had a son-in-law, not that Mowle was your son-in-law—you referred me to Ligterwood, who said, "I have thought she was a respectable woman up, to a date"—I did not ask you for an I.O.U. and say that I would tear up your appeal, nor did your reply" This appeal is no value to me"—I have had £19.
DOUGLAS FALCKE . I live at 97, Church Street, Chelsea—I am the owner of the lease of 13, Cheltenham Terrace—I was introduced to Runcieman there as Mrs. Mowle by Mr. Neighbour—she did not object—I saw Mowle a few minutes afterwards—a purchase of the lease was agreed upon for £300, to be completed by July 14th—I got from Mr. Neighbour £9, and a receipt for £21 for repairs he had done for me—not getting my money on July 14th I took possession of the premises—Mrs. Runcieman made to me a good many statements—one was that she would give me a couple of bonds, for £100 each, if I would wait three months for the rest of the money—I never saw the bonds—I got nothing more.
Cross-examined. by MR. SYMMONS. I asked Mowle if he was a relative of Runcieman—he said, "Certainly not"—I asked him about her position, and if she was likely to have money to complete the purchase—he said he knew very little about her financial position—he lived at her house.
Cross-examined by Mrs. Runcieman. I did not know that he lived with you in a large house in Cathcart Street—you said the bonds were at your bankers—you said you had £70, in the house—I never saw it—I did not offer to foreclose if you would pay the £70 as well as the £30—I foreclosed about the end of August by my solicitor writing you—I did not threaten you—I said I would go to every house agent in Chelsea and stop your taking any other house—I did not say I would go to Lord Cairns and ruin you amongst your friends—when Mr. Neighbour's son said you owed him £100, I said, "If you do not pay this man I shall get a warrant out for you, which will place you within four walls"—I never said I would ruin you—I said I would employ detectives, not that I would spend £40—nor that I would leave no stone unturned to do you harm.
Re-examined. I was not referring to the four walls of the billiard room, but to this place.
JOHN FREDERICK SABINE . I am manager of Parr's Bank, High Road, Kilburn—in July, 1896, Mrs. Runcieman opened an account with an advance of £110 on two bonds of the Devon and Somerset Railway—they were certificates of debenture stock—£110 was placed to her credit—£80 was drawn out the same day—the stock was transferred into the names of nominees of the bank, and the interest credited—the stock was worth £130—it went up a little—in consequence of its sale she was credited, and her security released—this is a statement which shows the account overdrawn £1 7s. 5d. in January—since January the account has not been operated upon—there was a balance of £26 8s. 11d. to her credit after repaying the stock—since these proceedings we wrote her, and the letter was returned through the Dead Letter Office—I do not remember anything being said about transferring the account to the Sloane Square Branch—at the time of the overdraft there were only four small credits amounting to £14.
Cross-examined. by Mrs. Runcieman. I know nothing about writing to your
landlord that you could not pay till after January 19th—if I had known where you were I should have asked you to close the account—I have no recollection of your application to overdraw, or of Mr. Palmer calling—your statement that you had had an account at the Kensington Branch influenced me in opening the account.
GEORGE INGLIS BOYLE . I am an official of the Bankruptcy Court—I produce file of bankruptcy proceedings against Ann Hollier Runcieman of 1. Cathcart Road, West Brompton—she was adjudged bankrupt on May 26th, 1892—the date of the petition is April 26th, 1891—her liabilities were £423 12s. 8d. and her assets £36—her discharge was suspended on October 6th, 1892, for two years, expiring on October 25th, 1894.
Cross-examined. by Mrs. Runcieman. To see whether £800 or £900 worth of furniture was stolen from you I should have to go through your public examination.
OCTAV ARCIER . I am a hairdresser, of 32, Sloane Street—I was formerly tenant of 11, Royal Avenue, on a three years' agreement—at Lady Day, last year, I sub-let the premises to Mrs. Runcieman at £65—I got £6 on account—I brought the matter into Court and the amount due was to be paid by instalments—I got the second quarter's rent through my solicitor—I have not retaken possession, I cannot get the keys—I wrote to Runcieman at Holloway, but got no answer.
BENN ANDREWS . I am a retired solicitor's managing clerk—I live at 19, Ossingden Road, Maida Vale—I was the landlord of 17, Burton Road, in 1895—in September 1895, Brooke and his wife were joint tenants, at £50 a year for three years, payable quarterly—he did not pay the rent at Christmas, 1896—I distrained in January, 1897—I was paid the full amount in two instalments—he left in May or June 1897, owing £25—the tenancy was determined on May 22nd, when the amount due was £18—he gave me a bill—I did not present it, because Brooke did me a good turn—I was paid two instalments and the tenancy went on.
Cross-examined. by MR. BUTTON. He offered to buy the lease for £525—he sent me a telegram while people were looking over the house, which I had advertised for sale—I gave him a reference, as tenant, to a gentleman at Cricklewood at £40, as he had been paying me £50—I never asked him for the £25—I know nothing against him—he is well connected, except that he got in arrear and I had to put the brokers in.
Re-examined. Since he left I have not seen anything of him.
THOMAS BROCK WELL (Detective Officer.) I was in Court on January 20th, 1898, when Augustus Minter was examined as a witness in the presence of the prisoners and Brooke's solicitor—he was cross-examined—his evidence was read over to him—he signed it as it is here, and this is the exhibit referred to (A receipt signed by Brooke for furniture sold to Minter for £21 10s. in November, 1887. (Read) "I live at 57, Ashford Road, Cricklewood—I am a turf commission agent—I know the prisoner Brooke—on or about November 18th he came to me at the Crown public-house at Cricklewood—he came and sat down by the side of me and said he was in trouble; the brokers were in and unless they were paid out by the following morning that his furniture would be seized and his wife and children thrown out into the street—I said I was very sorry to hear that, and I thought he would have had
friends to help him—I said to him, "Rather than see your children turned into the street I'll come and pay the broker's man for you, but I don't know much of you and I must have some security; when I have paid the brokers you must bring some of your furniture to my place to the value of what I am going to pay"—he agreed to that—I understood it was his furniture—we went straight to his house, 5, Larch Road—I never saw a man there in possession—Brooke showed me the warrant under which the distress was made when he was in the Crown—I paid the prisoner £11 5s. 6d. in the presence of the broker's man in Brooke's house. £10 for a quarter's rent, five days brokers expenses,£1 2s. 6d., and 3s. for the warrant—when that was done the broker's man brought some of the furniture to my house and I gave him 5s. at the request of Brooke—I and Brooke both took part in the removal—the next evening, or the evening after that, Brooke asked me to give him another 9s, 6d., which I did; Brooke owed me £1 before this, and between that and the 24th he owed me another £1 for business transactions—he came to me on the 24th and said, "If you give me another £5 that will complete the purchase"—I consented, and gave him the £5, making £19 in all—he said, "I'll give you a receipt," I said, "Never mind about that"—he went home and came back to me in about a quarter of an hour or twenty minutes and gave this, receipt, marked 32, for £21 10s.—I said, "you've made a mistake and given me a receipt for £2 10s. more than I gave you," he said, "Well, you said you didn't want the furniture, but you've bought the furniture and here's the receipt; when I'm in a better position I want to have the furniture back, and the £2 10s. is for your trouble and kindness to me," and I agreed to that—the furniture is still at my house—a police sergeant and Mr. Lombard came and saw it about five weeks ago.
Cross-examined. The warrant was for a quarter's rent due at the end of September—I understood it was the fifth day the broker had been in—Brooke seemed much distressed—the removal was done openly, hut it was evening time—up to that time I was only holding the furniture as security. Re-examined. Brooke said he would purchase the furniture back for £21 10s.—I was willing at any time to give the furniture up to Brooke for £21 10s."
SAMUEL FREDERICK CAYFORD . I am landlord of 188, Glengall Road, Kilburn—in July, 1896, Mowle came to me about 43, Hartland Road—he referred me to Mrs. Runcieman, of 11, Quex Road, High Road, Kilburn, and H. Mayman, 56, Ashford Road, Cricklewood—he went into possession at the rent of £38 per annum on this agreement.
Cross-examined. by MR. SYMMONS. I saw Mowle once after the house was let to him—I have seen cheques cashed for him, drawn in the name of Kendall by a Mr. Hawkins.
ALEXANDER PHILLIPS . I am an auctioneer and house agent, of High Road, Kilburn—I was employed to collect the rents of 43, Hartland Road—I called for the Christmas rent, 1896, on January 14th, 1897—it was never paid—some weeks afterwards I saw the house was empty—there had been no notice—I got possession.
and Miss Cutler, I accepted Mrs. Runcieman as tenant—we distrained for the rent due Christmas, 1896—we were paid out—on March 17th I found the goods had been removed dicing the night without notice—I made enquiries, and ascertained her address was 11, Royal Avenue, Chelsea—I did not trouble to apply for it—with difficulty I got a latch-key of 11, Quex Road, and got in.
Cross-examined. by Mrs. Runcieman. I distrained once, only on January 21st—no one told you to my knowledge that Mr. Palmer would not wait for his rent 10 minutes—you did not say as soon as you could get away you would.
ELIAS BOWER (Detective Sergeant). I received warrants in this case—on December 11th I arrested Brooke in the Edgware Road about five p.m.—I said, "Mr. Brooke, you know me?"—he said, "I do not remember you"—I was with another officer—I said, "We are police officers, we are going to arrest you for unlawfully conspiring with Mayman, Mowle, and others in obtaining goods from Messrs. Lombard and others with intent to cheat and defraud"—he said, "I do not see why, I was simply a commission agent for them, I merely introduced people to them, but it was for them to make enquiries and satisfy themselves about them; I only introduced them, and know nothing about them"—I found upon him 2s. 2 1/2 d., some letters, and pawn tickets—about 7.30 the same evening I arrested Mowle—I told him the charge the same as I told Brooke—he said, "I gave Mr. Lombard a bill and afterwards renewed it in hopes of paying, but unfortunately I could not, "I said" But you have parted with the goods obtained," he replied "Yes"—when the warrant was read to him he said, "There is not one atom of truth in it"—I found upon him a halfpenny and some pawn tickets—later the same evening I arrested Mrs. Runcieman at 11, Royal Avenue—I read the warrant to her—she said, "I do not understand it, explain it"—I said, "It is simply this, that you agreed with the others to make representations to Messrs. Lombard and others in order to defraud them"—she said, "Who are the others you speak of?"—I said, "One is Mr. Falcke, with reference to 13, Cheltenham Terrace"—she said "I was going to buy that house"—I said, "It is alleged that the representations you made with regard to yourself and others were false, as you were not in a position to make such a purchase," she did not reply—on November 9th, Brooke came to Scotland Yard—he asked me if Mr. Lombard had called—I said, "Before I answer that question, who are you, and why do you want to knew?"—he said, "Oh, I have come to give some information"—I said, "Very well then, I will take it"—I took a statement from him in pencil—this is a copy: "Walter Column Brooke, 5, Larch Road, Ashford Road, Cricklewood, Commission Agent, states:—" I have seen Mr. Lombard, 50, High Road; Willsden Green, with reference to some goods having been obtained by false pretences. I call it false pretences. The goods and decorations were obtained by a Mr. Millard to the extent of £260. When I saw Mr. Lombard this morning, he told me that his brother had come to Scotland Yard this morning to lay an information, and that he had received a telegram from him not to enter into any arrangement with me until he returned. He suggested that I should come here and give what information I could. He also paid my omnibus fare. The fact is Mr. Millard was not in a position to pay for
this furniture when he ordered it. He has since sold his business at 9, Ohichele Terrace, Cricklewood, and the furniture to a Mr. Brown. He, in turn, is going to dispose of the furniture. I do not know where Miltard is, as he gave us a false address when leaving, viz., 68, Fermat Road, Harrow Road, W. This is all the information I can give at present. I have since filled in a guarantee form in the Metropolitan Fire Insurance Company, Limited, 28 and 29, Chancery Lane, according to the wish of Messrs. Lombard Bros. W. C. BROOKE."—As he was leaving the room he said, "Of course, if Mr. Lombard has not laid an information, it is unnecessary for me to say more, but I thought that if he was going to commence criminal proceedings, then I am going to give evidence"—I searched the prisoners' premises—at 11, Royal Avenue, I found a number of documents, including 25 pawn tickets, some County Court summonses, tradesmen's bills, paid and unpaid, and a Bank pass book, made up to January, 1897, a book of the London and Westminster Loan and Discount Company, Limited, referring to Mrs. A. H. Runcieman's bill of sale to secure £60 and interest, and one repayment of 10s., about 300 to 500 prints of Earnest Appeals, and this letter, signed Stephen Lumsden (Submitting the Appeals for Donations)—at 5, Larch Road, I found, among other letters, the correspondence between Brooke And Lombards, produced, as to Mowle—on one letter to Brooke, of June 11th, from Mowle, was a draft letter to Fleming, in Brooke's writing, about commencing business in earnest, with "business" underlined; another, signed Stephen Mowle, with a copy letter to be sent to Lombards written on the back of an advertisement, and another from Mowle stating, "The old man is simply raving," who I infer was Mrs. Runcieman; and another letter, with marks of exclamations after such sentences as, "You called in my absence, oh?"and, "Send the 9th part of a man," and signed, "Ever than, Stephen," and Mowle's card—these are the unpaid bills (These were tradesmen's bills from 6s. to £1 16s. 3d.)
Cross-examined. by MR. HUTTON. The County Court summonses against Brooke were for small amounts.
Cross-examined. by MR. SYMMONS. I have seen the programmes of concerts—I have no doubt Mowle appeared in the Ariostos Quartettes referred to, nor that he is an expert pianist, nor that he is well connected, and has relations in a good position at Cheedle.
Mrs. Runcieman's letters were read at her request, they shewed that she had been in correspondence on various subjects, including her own position, with various people of influence. She called evidence to show she had been of good position and character years ago, and had dealt in property, and said that her bankruptcy was brought about by the tenants of two of her furnished houses taking away her furniture. She denied any conspiracy with the other defendants.
Evidence for BROOKE'S defence called by the Prosecution.
WALTER WARWICK . I am Secretary of the West Hampstead Building Society—Brooke was a collector for two years—he was paid, by commission, about £100 a year—he ceased to act in August last—he got about 250 new members—he discontinued working, so we dismissed him.
Cross-examined. On paying one month's subscription to the society, the agent was paid 3s. per share—of the 250 to 270 members he introduced, with an average of four shares each, about 130 continue.
Brooke and Mowle received good character.
GUILTY .—RUNCIEMAN— Eighteen Months' Hard Labour. MOWLE— Six Months' Hard Labour.
BROOKE—Recommended to mercy on account of his previous good character and the strong temptation owing to the reckless manner in which the firm carried on their business, for which the JURY desired to censure them. But the police stated that Mowle was the dupe of Brooke, who had introduced to Messrs. Lombard nine customers of no substance. BROOKE— Nine Months' Hard Labour.
OLD COURT.—Friday, February 11th, 1898.
Before Mr. Justice Lawrence.
174. VLADIMIR BOURTZEFF (33), and KLEMENT WIERZBICKI (61) , For unlawfully publishing a pamphlet encouraging certain persons, whose names are unknown, to murder His Imperial Majesty Nicholas II, Emperor of the Russias. Second Count—Endeavouring to persuade certain persons to commit that offence.
The ATTORNEY GENERAL, (Sir Richard Webster, Q.C.) MR. SUTTON, Mr. CHARLES MATHEWS and MR. HORACE AVORY Prosecuted; LORDCOLERIDGE, Q.C., and MR. CORRIE GRANT Defended Bourtzeff, and MR. JOHNSON Defended Wierzbicki.
The following passages from the pamphlet were read—
"As regards our ultimate tasks we are Socialists, and in this respect weadhere frankly to those traditions which have elaborated by a series of generations of Russian Revolutionists, beginning with Tchernishovsky and ending with Jeliaboff and Heemann Lofatin, traditions to which the Russian Revolutionists have always been faithful, never doubting their truth for one moment—traditions which have been elaborated by the Socialist parties of all other countries. For the attainment of these ends we recognize all affective methods for the struggle with the present Russian Government, from the most peaceful and civilized to harsh revolutionary measures, according to the conditions of place and time. We may say in the words of the late Stepniak—"We are revolutionists not only to the extent of a direct rising of the people, but to the extent of military conspiraces, to the extent of nocturnal invasions of the Palace, to the extent of bombs and dynamite. The device under which we shall fight will be the re-establishment ofthe Narodnaya Volia party. With this call we address ourselves to the revolutionists acting in Russia and shall warmly exhort them to take as decidedly and as quickly as possible the course followed by Jeliaboff, Perovsky Halturin and their friends, and to attend to the precepts which they have bequeathed to us. Our programme is to be found in their precepts. On the question what is to be done, Alexander III. reigned happily for fourteen years and this is already the third year that Nicholas II. has reigned not less happily, and that at a time when reaction ought, it would seem, to have given rise to the strongest resistance on the part of the revolutionists, and to have caused their plan of campaign to be summoned up in one point, regicide, and if it appeared necessary a whole series of regicides and a systematic political terrorism. We shall devote all our strength and faculties to the revolutionary struggle. We shall make the service of the revolutionary cause the first and principal occupations of our lives. We shall remember the boundless
devotion to the work and the extraordinary energy of the whole constellation of workers of the Narodnaya Volia Jeliaboff Perovsky Halturin and their friends. May their activity be an example for us. They perished firmly believing that we should follow in their foot-steps. "We have addressed ourselves to all Revolutionists whom our organ may reach with the earnest and friendly advice to give a new direction to their activity, and we are anxious above all that our views may be heard by our companions in Russia, and that the revolutionary organisations may adopt the conscious and firm "resolution" to enter upon the path which was trodden by our standard bearers—Jeliaboff, Perovsky, Halturin, &c. The fearful mistake which the Terrorist party made was that after their victory of the 1st March, they for a moment, stopped systematic terrorism, for a moment put their sword in its sheath. If they had prepared everything beforehand and had stricken down Alexander III. on the day of the funeral of Alexander II. one of two things would have happened in Russia; either a revolution would have broken out, or a liberal constitution would have been declared."
WILLIAM HARNETT (Police Constable, C.I.D.) On September 24th I went to Mr. Barnett Ruderman's news vendor's shop at 71, Hanbury Street, and asked him if he had any copies of Narodovoktz for sale—he said, "I have only got one left, I have sold the others"—he handed me this copy of No. 1, for which I paid him 6d.—he took it from one of the shelves behind the counter in the ordinary way—on September 29th I went to his shop again and asked him if he had got four copies which I had ordered on the 24th—he, handed me these, two copies of No. 1, and two copies of No. 2—I paid him 2s. for them—I asked him then to get me two copies of No. 3—I went to his shop again on November 24th and saw Mrs. Ruderman, not her husband—I had seen her once previously—I asked her if she had got the papers for me; she went to a shelf and gave me these two copies of No. 3—I paid her 1s.
THOMAS CLANCY (Police Constable, C.I.D.). On Tuesday, December 14th, I went to 70, Graf ton Street, Tottenham Court Road, at three p.m.—I saw Bourtzeff in the back room, top floor—I told him I came to purchase some books—he said, "Yes, what is your name?"—I told him Johnson—he told me to write my name and address on a paper; he supplied me with pen, ink and paper, and I wrote Lubrinski, Gravesend—I told him, before giving that name, that I wanted two copies each of Nos. 1, 2 and 3 of Narodmoletz—he went to a cupboard and took from there these two copies each of Nos. 1, 2 and 3; he wrapped them in paper, gave them to me and told me they were 1s. a copy—on the back of the paper, in English, is "Printed and Published by V. Bourtzeff; London"—there were piles of them in the cupboard—I paid him 6s.—I spoke to him in English; he appeared to understand me, and he expressed himself in English to me, and I understood him without difficulty—I stayed some little time with him—he gave me a book entitled "A Century of Political Life in Russia," he said he was the author of that, and of Nos. 1, 2 and 3 of Narodmoletz.
Cross-examined. by LORD COLERIDGE. I did not send a letter to him in the name of Lubrinski, nor do I know of any such letter being sent to him.
HENRY STERCK . I am a bookbinder, of 206, King Street, Hammersmith—Wierzbicki came to my shop in April, 1897, bringing with him about 1,200 pamphets—he told me they were in Russian—these are some—we just fixed them together, and put this piece of paper on the back of them—after we had so stitched and bound them, Wierzbicki came and took the pamphlets away—he came again in May with about 1,200 copies of No. 2, and gave the same instructions as before, and we did the same work as we had done in respect of No. 1—there was some difficulty about payment and we only let him have about 200 copies to begin with, the rest he had in November following; he paid our charges.
Cross-examined. by MR. JOHNSTON. I am English; I do not understand Russian at all—Wierzbicki came and took back all the pamphlets—I am quite sure I did not send any to Bourtzeff—when Wierzbicki first came and brought these pamphlets I would not be sure if he asked me to send them on to Bourtzeff when I had bound them; I did not send any to him.
Re-examined. There was a little difficulty about the payment of the second lot and I kept my hand on them till I got the money—Wierzbicki brought the money.
MICHAEL THORPE (Police Sergeant C.I.D.). On the evening of December 17th I went to 21, Wenlock Buildings, Ironmonger Row, where a general and foreign printing business is carried on—I saw Wierzbicki standing in the road in front of the printing office—I told him I was a police officer, and was making enquiries respecting a Russian publication known as the Narodovoletz—he said, "I heard of Bourtzeff's arrest last night"—I asked him if he had got any work in hand for Bourtzeff—he said, "There are a few hundred copies in the office, but I have not got the key; I am now waiting for Mr. Canley"—he said Mr. Canley rented the office, and that he (Wierzbicki) did the printing there—he said, "I admit I am the printer of Narodovoletz; Nos. 1 and 2 I printed at Westcroft Square, Ravenscroft Park; No. 31 printed here, and Nos. 1 and 2 were stitched by Mr. Sterck, at Hammersmith"—I asked him how many numbers of those copies had been printed—he said, "1,500 copies of each number"—Mr. Canley then came up, and Wierzbicki introduced him to me and told me who he was—I had a conversation with Mr. Canley in Wierzbicki's presence—Mr. Canley said, "Although I rent the office, I am not a printer; I am a traveller, Mr. Wierzbicki," pointing to him, "does the printing"—Wierzbicki did not say anything then—I made an appointment to meet him at the office next morning, as he had not got the key with him—I went next morning December 18th, to 21, Wenlock Buildings—I there saw Mr. Canley, "Wierzbicki, and another man—Wierzbicki handed me 12 packages, done up in paper and tied with string, from a shelf—he said they were about 500 copies of each number of Narodovoletz, which were kept back for the purpose ultimately, of being put in book form—he again said he had printed 1,500 of Nos. 1 and 2 at Westcroft Square, and 1,500 of No. 8 were printed by him at these premises—he said Bourtzeff borrowed the type from 15, Augustus Road, Hammersmith, but the type was not there now, a man from Augustus Road took it away a few weeks ago—Canley said he had nothing to do with the printing and knew nothing about it; that Wierzbicki did all the printing—he said that when he, was printing the pamphlets
not understanding Russian, he asked Wierzbicki if there was anything the matter with them, and that Wierzbicki assured, him there was not—Wierzbicki upon that said, "Yes, I am the printer, I am entirely responsible"—I brought away the 12 packages and examined them—the pamphlets in them were unstitched—I found 493 complete copies of Nos. 1 and 2; there were 256 of No. 1, and 237 of No. 2—there were also a number of incomplete copies of Nos. 1 and 2—there were 324 copies of No. 3, all incomplete and unstitched—on December 21st a warrant was placed in my hands for the arrest of Wierzbicki—I executed it the same day at 82, St. Stephen's Avenue, Shepherd's Bush—I read the warrant to him—he said he was very sorry for the sake of his poor wife and children—he had three young children, all British born—he said, "I have nothing further to say than what I told you on Friday evening, and on Saturday morning at the printing office, I admit printing them; I printed 1,500 copies of each, all was done for Bourtzeff"—I took him to Bow Street—in reply to the charge there he said, "I have got nothing further to say than that I printed the pamphlets"—when I arrested him he repeated that the type for the pamphlets came from 15, Augustus Road—the conversations I had on these several occasions with Wier Zbicki were all in English.
Cross-examined. by MR. JOHNSTON. The house at Shepherd's Bush was the prisoner's private residence—I found him there with his wife and three children—all the information he gave me when I went to get the copies was volunteered; it was not given in answer to questions by me—he told me all there was to be told about the whole business—when he gave me the 12 packages of pamphlets, he said, "this is all we have got belonging to Bourtzeff"—I have not made any enquiries about Wierzbicki, or what he has been doing before this; I understand he has been a printer for many years—I believe he has been employed by wellknown firms in London—it is possible he has been employed four years at one firm, three at a second, and eleven at a third; I know nothing about it—nobody has made enquiries about him so far as I am aware—I do not suggest there is anything against him in any way—I do not consider it my business to make enquiries—I know nothing about the printer's business, or how it is carried on.
By the COURT. I believe he was engaged by English printers; he prints English.
Re-examined. He is a Pole.
WILLIAM MELVILLE (Chief Inspector of Police). On December 16th a warrant was placed in my hands for Bourtzeff's arrest—at 3.15 p.m. that day I saw him in one of the halls of the British Museum—I called him on one side, and speaking in English, I told him who I was—he said, "I don't understand English; will you speak French t" and, "Parlez vous Francais"—I said, "Oui"—I then said, speaking in French, "I have a warrant for your arrest; it is for encouraging and soliciting, and conspiring against the life of His Majesty, the Czar of Russia; it is what you have written in the Narodovoletz"—he said, "Yes, lam the editor; I wrote it"—he had with him this portfolio, which he said was his—I took him and the portfolio to Bow Street, where he was charged and detained—at the police-station I searched the portfolio, and found it contained two copies of No. 2, and
four copies of No. 3, of the Narodovoktz, and three copies of the book, "A century of Political Life in Russia," printed in Russian—Bourtzeff said, "I am also the author of those books"—two of the three books were packed as though ready for the post; one was addressed to "Leo Beitner, 6, Eue Codel, Geneva, Switzerland"—and the other was partly addressed, "The Russian Library, 5, Rue—"—Bourtzeff said that book was going to Lausanne—when I undid that particular packet, I found in it a copy of No. 3 of the Narodovoletz—the prisoner told me I would find it inside—I found a letter in the Russian language, coming from America, and addressed to the prisoner as the editor of the Narodovoletz, first to Westcroft Square, and afterwards to 12, Osman Road, Hammersmith—Bourtzeff gave me two keys, one the key of the front door of No. 70 Grafton Street, Tottenham Court Road, the address he gave as his, and the other the key of his bedroom there—Sergeant Thorpe and other officers went on ahead with the keys to 70, Grafton Street, at 5.15 that afternoon—the door of the bedroom was opened when I came there with the second key received from the prisoner—in that room there was a portmanteau and a cupboard, among other things—they were searched, and there were found 580 copies, of No. 1, 679 copies of No. 2, and 71 copies of No. 8 of Narodovoletz—I found there, also, a book of delivery receipt forms—it had originally contained 100 forms—forms from No. 101 to 128 inclusive had been torn from the counterfoils, and they had been used as between May 28th and November 29th, 1897, according to the counterfoils—further examination purported to show that copies of the Narodovoletz had been forwarded to different destinations abroad, and to three different persons or firms in London—counterfoil No. 117 purports to show a sale of two copies to Sampson, Low, and Marston, of Fetter Lane, on October 27th, 1897;. one of No. 1, and one of No. 2—counterfoil No. 126 purports to show a sale to Mudie's Library of one copy of No. 3 on October 80th, 1897—I also found among the papers these two receipt forms, the first relating to No. 117, and showing a receipt by Messrs. Sampson, Low, and Marston, of the pamphlets, and the second relating to No. 126—I found a form of delivery receipt by Messrs. Mudie, with this written across, "Not ordered," with initials—I made a further and complete search of that bedroom on the second floor, and found a large quantity of manuscript, letters, postcards, books, pamphlets, newspaper cuttings, mainly in Russian, but also in French, and a little in Polish—I found some cuttings from English newspapers there; the extracts are here—I found a piece of permanent setup Russian type, and I found on comparison it was page 91 of No. 3 of Narodovoletz.
Cross-examined. by LORD COLERIDGE. I know nothing of my own knowledge of Bourtzeff's history—I have heard of it—I have heard that, in 1885, he was arrested in Russia—I could not say if that was with several hundred others, or whether he was thrown into prison without trial—I do not know what an administrative order is in Russia; I never heard of it—I do not know that he was imprisoned in the fortress of St. Peter and St. Paul; I have not heard it—I know nothing about that fortress—I have heard the name mentioned incidentally—I have heard that he was sent to Siberia, some 5,000 miles away from civilization, I never heard on what charge; I understood it was for something political, or some offence of that kind; that is all I know about it—I have heard that he escaped
from Siberia—I don't know that he has since been pursued by the agents of the Russian Government—I have seen in print that he escaped on board a British ship at Constantinople—I have read that the Russian Government demanded that he should be delivered over to them—the captain of the vessel was Captain Lee—I have heard he refused to deliver him over, and that he brought him safe to this country—I have not heard that he has been the object of Russian spies or informers in this country—I do not know the name of Madame Seeding—I have heard of the Yecoutz massacres; I could not say if they were about the time Bourtzeft was in Siberia—I don't know if, after the Yecoutz massacres, Madame Senedin was flogged to death in gaol; I never heard of that incident—I do not know the name of Maria Vet off; I think I have heard of the incident—I have made no enquiry about it—I have not heard of demonstrations in regard to that incident.
MR. CRIBB. I am chief of the foreign department of Messrs. Sampson, Low, and Marston—on October 2nd, 1897, I received from a Continental customer orders for a copy of No. 2 and a copy of No. 3 of the Narodowletz, and on October 5th I sent on that order to Bonrtzeff at 70, Grafton Street—I got no answer at first—I repeated the order, and ultimately I got the copies I had asked for, with this delivery form H—I returned that invoice with the amount of the charge, 1s.—I do not understand Russian.
WILLIAM VON KNOBLANCH . I am the foreign librarian at Messrs. Mudie's Library, 30 to 34, New Oxford Street—at the beginning of November last I received by post a copy of this pamphlet Narodovolcta—this invoice came with it—I did not read the pamphlet, I only looked at the title—I learned by enquiry it had not been ordered by Messrs. Mudie—I saw the name and address of "Y. Bourtzeff; 70, Grafton Street, Tottenham Court Road," at the back of it, and I returned the pamphlet with the invoice, after writing across the invoice "Not Ordered—W.V.K."
Cross-examined. by LORD COLEBIDGE. This is a book from our circulating library—I could not say how long it has been in circulation—it is by Stepniak—I read of his death in the newspapers—he wrote a good many books, and they enjoy a certain circulation—this is called "Nihilism as it is"; others of his books are "Underground Russia," and "The Convert"—this and "Underground Russia," and a French translation, have been among Mudie's books, and, I daresay, in the hands of a good many people—I find in this book the following passage: "We believe that the worthless gang which now rules over Russia, taking advantage of a misunderstanding of the peasant masses, can be overthrown only by force, and to this end we see no other means than force. In politics we are revolutionists, recognizing not only popular insurrection, but military plots, nocturnal attacks upon the palace, bombs and dynamite."
GEORGE FREDERICK FAIRHOLME . I am a clerk in the Foreign Office—I am familiar with the Russian language—I have been in the habit of making translations out of and into Russian—I have had the pamphlets Nos. 1, 2 and 3 of Narodovoletz, which are in Russian, put before me, and I have translated them into English to the best of my ability—these white paper prints are my translations; I believe them to be accurate—the author of this book, "A Century of Political Life in
Russia," found in Bourtzeff's possession, purports on the title page to be Bourtzeff—the second part of the book is arranged under years—I have translated that to the best of my ability—it is a chronological series of events.
GUILTY .—The JURY recommended Wierzbicki to mercy. BOURTZEFF— Eighteen Months' Hard Labour. WIERZBICKI— Two Months' Hard Labour.
OLD COURT.—Saturday, February 12th, 1898.
Before Mr. Common Serjeant.
GEORGE BATES . I live at 12, Belgrave Road, Earl's Court—I am an errand boy for Rabbitts and Sons, of Brompton Road—I was in the Brompton Road, on July 17th last, at mid-day, the prisoner came to me and said, "Do you mind taking this note to Fenton and Barnes," as he was waiting for his boy—he gave me this note which I took there—(purporting to come from C. L. Hacking for six or a dozen incandescent mantles, to be returned when their stock was replenished)—in consequence of what was said to me I took the note to Hacking's shop, 227, Brompton Road, where the prisoner had told me to take the goods—I next identified the prisoner at Walton Street police-court, on January 22nd, in the charge room, from about a dozen others.
Cross-examined. by the prisoner. I am sure you are the man—I saw another like you.
ROGER BARNES . I am manager to Messrs. Fenton & Barnes, 94, Brompton Road—on January 17th, this order form was brought to me by a boy—I know Messrs. Hacking well and would have supplied them, but we had not the goods in stock.
Cross-examined. I never saw you to my knowledge.
WILLIAM LEARY . I am cashier to Mr. C. L. Hacking, 227, Brompton Road—the order form produced is not ours—this billhead is not ours—it is quite different—we never had a billhead like that—the handwriting is not that of anyone of our staff—it was never sent out of our premises—it was brought by the boy Bates.
Cross-examined. I have never seen you before.
RICHARD NORRIS (Detective T). I arrested the prisoner on Saturday, January 22nd, at 524, Fulham Road, in a back room on the first floor—I was with another officer—I told him we were police officers, and I should take him into custody for obtaining goods from various tradesmen by false pretences—he replied, "you have made a mistake, I am not the man"—on leaving the room he handed to his wife this circular—I took possession of it—I afterwards said, "Are these addresses on this circular of any use to you"—he said, "They are the addresses of bottle merchants, which I have copied from the directory, where I tried to buy bottles, as I was going to start in a new line—he was taken to Hammersmith Police-station and detained.
Cross-examined. This envelope was taken from you by Detective
Whitlock—you asked me to search your place and, your wife's over the road—I found nothing else.
FRANK BRUNSDEN . I am a barge builder, of 1, Lombard Road, Battersea—on January 6th, in the King's Road, Chelsea, the prisoner tapped me on the shoulder and asked if I would do a day's work for him—I said I did not mind—I was looking for work—he said, "Would you take this order to Mr. Crapper, of Marlboro' Road, get those things and bring them to me at 9, Goodge Street Tottenham Court Road—this is the paper which I saw him write (An order on a form of Wilson & Sons, and signed E. K. Wilson, for stop cocks, &c., addressed to Crapper & Co.)—I want to Crapper's and presented and order—I got a stop cock—when I got to the King's Road, Chelsea, and asked the way to Goodge Street, I was stopped by Mr. Wilson and given in charge, and taken to the station, and detained awhile for enquiries—I next saw the prisoner at Walton, Street police-station on a Saturday night, about a fortnight afterwards—I touched another man, and took my hand off the prisoner who was standing on the side of him—I am now certain the prisoner is the man.
Cross-examined. The man I saw in the street did not ask if my father had come from Barnes—I said I had come from Barnes, I did not say anything about my father.
Re-examined. Barnes is not my address, and not the address given before the Magistrate—the prisoner asked me where I had come from and I said from Barnes.
ROBERT EDWARD WILSON . I live at 32, Marguerite Gardens, West Kensington—I am managing director of E. K. Wilson and Sons, Limited—this is not our order form—it purports to be on one of our billheads—" it is not written by us—we have never had a billhead like this—this has not been authorized by us—on January 6th I had a communication from Crapper & Co., and spoke to Brunsden.
Cross-examined. I do not know you.
GEORGE CRAPPER . I am a sanitary engineer, living at 19, Gorst Road, Wandsworth Common—I have works at Chelsea in connection with Thomas Crapper & Co.—I remember Brunsden bringing this order for goods and supplying him with one article, value 3s. 3d.—I did not believe the order to be genuine—we kept the lad waiting while we communicated with Messrs. Wilson—he was taken to the station.
Cross-examined. There were other orders, the first was brought in about five or 5.30 p.m., and this one about between ten and 10.30 p.m.—I do not know you.
DANIEL BURRETT . I live at Landsdowne Crescent, North Kensington—I am in the employment of E. K. Wilson, at 13, Sussex Place—on January 11th I was employed with a truck—I took it to 123, Pall Mall—I left it at the back entrance, in Warwick Street, while I took some goods upstairs, about twelve o'clock—the name of the firm was on the truck—when I returned the truck was gone—I communicated with the police—I next saw it where I had left it, at about five p.m.
Cross-examined. I went to dinner at 1.20 p.m.—I usually go at one—I had to wait to see a gentleman to decide about colour—I am a caretaker—I had started work about 8.30 and gone out with the truck about 9.30 or ten a.m.
15 years old—I am employed by David Thomas, of Falkland Road, Battersea—on January 11th, about 1.15 p.m., I was near Trafalgar Square looking for work, when the prisoner tapped me on the shoulder and asked me if I wanted a job—I said I would not mind—he gave me this invoice to take to 100, Cannon Street (purporting to come from E. K. Wilson's for India-rubber goods by return)—he pointed to the truck with "E. & K. Wilson," and said "Go to 100, Cannon Street, and get the goods and come back"—I got back about 3.40 p.m.—I met the prisoner about 20 yards down the Strand—he said, "Wheel the truck over there," that was at the top of the hill near St. Martin's Church—he took the goods off the truck and gave me 2d. to get tallow candles for him and to take them to 24, Haymarket—I went there, but could not find him, and the people knew nothing about it—I never was paid—I got the candles—I was taken to the police-station on a Wednesday afterwards, but was not sure I recognized the prisoner—I am now quite certain he is the man—he had his hat on—I did not see him take his hat off at any time.
Cross-examined. I saw seven men—I walked up and down four times—when I saw you in the police-court dock I was quite certain—the detective told me to look at you—they did not shew me a photograph—when you touched me I was looking in a shop window at the model of a ship—directly I heard your voice again I knew you.
ARTHUR STEWART LEACH . I live at 87, Ladbroke Road, Balham—I am employed at the Gutta Percha Works, 100, Cannon Street—Henry Miller brought me this order form, purporting to come from E. K. Wilson and Sons—I handed him the things to the value of £3 17s. and took his receipt—we have an account with E. K. Wilson's—I saw the name "E. K. Wilson" on the truck.
Cross-examined. I do not know you—the boy came with the truck between two and three p.m. on January 11th.
GEORGE WHITLOCK (Detective Sergeant B). I saw the prisoner at Hammersmith police-station on January 22nd—I said, "I am a police officer, I shall take you into custody for having obtained a brass tap stop cock from Mr. Crapper, of Marlboro' Road, on the 16th of this month, by sending a boy with a forged order"—he was taken to Walton Street police-station, detained and identified arid charged—he said, "I do not know anything about it"—on the way he said, "You have made a mistake, you have got the wrong man"—this envelope is produced at the prisoner's request—it is addressed to Richard Major—it was handed to me at Hammersmith, with other documents, by the officers who arrested him.
Cross-examined. On the circular produced are names of bottle merchants—I have been to some of them and enquired about you—they do not know you—I have not been to 7, Long Lane, because I thought it was useless to go further—the Magistrate did not reprimand me at the Westminster Court because the boy had identified the prisoner improperly—I did not take the boy there.
DANIEL PHILLIPS (Sergeant T). I produce the property book at the South Fulham police-station—it contains the prisoner's signature when property was returned to him—I saw him sign, and signed the book myself as giving it up to him.
Society and an expert in handwriting, of 59, Holborn Viaduct—I have given evidence in cases for 12 years—I have examined these orders and find the writing to agree with the prisoner's proved writing in the address which was written in the street and in the property book—I have no doubt they are all written by one person (The witness pointed out the similarities in the documents).
Cross-examined. The cards you now produce, I should say, from the cursory examination I have been able to make here, are in the same hand, but I have not had the opportunity of going into the examination so carefully as to fully analyse them before expressing a decided opinion—I could deceive you, and I am not certain whether anyone has not been trying to imitate your writing; they are your writing or else very skilfully imitated—(These cards were addressed to the prisoner at Holloway, the address being now blotted with ink; they stated the writer had heard of the case but that he was the person who met the boy who stated his father came from Barnes, and the boy in Trafalgar Square, who was looking at a boat in a shop window, and that he had written and ordered the goods).
WILLIAM SCOTT (Chief Warder, Holloway). The prisoner has been in Holloway—he is entitled to see a visitor for a quarter of an hour every day, and to write and receive letters—he would not have the opportunity of giving a letter to a person to post unless it was done clandestinely—a warder is always present during an interview—I could not say what visits he has had from his wife or others without reference to the books—clothes are sent and taken away, and the prisoner has had visits and written letters.
(Another letter was produced, in which Mr. Guerrin pointed out the similarities, and stated that, to the best of his belief, the writing was the same in all.)
WALTER FREEMAN . I am a journalist employed on the reporting staff of the Evening News—I handed this letter to the police this afternoon—it was brought to our office yesterday, about 2.30 p.m., by a person who said she was the prisoner's wife—(This was dated February 14th, 1898, and desired that attention should be called to a man having been convicted innocently of a crime of which the writer was guilty, having imitated the writing, and stating the circumstances given in the evidence—it was signed, "C.S. Hawkins.")
The prisoner's statement before the Magistrate (where he was also asked if he called any witness): "I am not going to. All I have got to say is, they could have arrested me at my house. I told them they were mistaken. I know nothing about it. I can prove where I have been. They have got an innocent man. I have got a witness, but I shall reserve him for the Old Bailey."
Evidence for the Defence.
LEWIS ROWAN . I live at 58, Fortis Road, N.W.—I am a lamp manufacturer—you called at my office, 20, Victoria Street, Westminster, between eleven a.m. and one p.m. on January 6th—I gave you the circular produced by the police—I told you to come to the City office, 14, St. Mary Axe—on January 11th you called between 11.30 and 1.80—I recollect the date by the receipt you gave me—you had waited over an hour—I found you waiting when I returned from Westminster about 11.45 to the City office—I went out to dinner—I go out to dinner at various times, one, two and three o'clock.
Cross-examined. I can swear to seeing the prisoner at 11.45 on the 11th—my clerk has the receipt—he is here—I have no diary entry of his calling—I can remember the 6th, because I told him to see me in the City—it was on a Friday and the 11th was Tuesday—on Tuesday he came, I am sure, about eleven—I think he came on Friday—I cannot be certain—I am certain it was the 6th, because I looked up my accounts on particular days.
THOMAS EDWARD PEARCE . I am clerk to Mr. Rowan, gas lamp manufacturer, 14, St. Mary Axe—you came to see me on January 11th at St. Mary Axe—this is your receipt for a burner that day—it was beforelunch—to the best of my recollection I was late at the office that morning, and you were sitting in the outside office—it was after eleven—Mr. Rowan came from the inner room and asked me to make out a receipt, and you signed it in my presence and went away—Mr. Rowan arrived before one o'clock—Mr. Rowan left you in the office with me—all I remember is I handed you the burner, and you gave me the receipt—I remember now he went out and left us there—I generally go to lunch from 1.15 to 2 p.m.—it was some time before that.
Cross-examined. I am sure the prisoner was there after twelve—it might have been half-past—the receipt is in the name of Leon—I did not know the prisoner as Platts—I had not seen him before, and should not recognize him now had he not been waiting so long—it was not a cash transaction, I understood he was going to try and sell the burner—I am sure he is the man—I received a subpoena by registered post which was addressed to Mr. Thomas Rowan, and asking for the receipt, and he thought I had better come—the burner is a new invention to do away with the mantles.
The prisoner said he should not gel justice and would not address the JURY in defence; that he knew nothing about it and there was no proof he sent the letters out of Holloway; he was searched; and that he knew nothing of the letter to the "Evening News."
GUILTY **—He then PLEADED GUILTY to a conviction of misdemeanour at this Court in June, 1896, in the name of Thomas Wilson. There were other cases respecting other similar orders.— Twelve Months' Hard Labour.
NEW COURT.—Saturday, February 12th, 1898.
Before Mr. Recorder.
MR. ROBERTS Prosecuted.
ERNEST LITTLE . I am a leather dresser of 30, Fulham Lane, Bermondsey—On January 24th, at twelve o'clock, I was going home from Aldgate, and in Mansel Street there were three men on the kerb—when I got against them a tall man said, "Where do you come from?"I said, "From Deptford Green"—the prisoner came up to me, caught hold of me; and took all my money from me—he beat me, and punched me about—I had about 5s. 8d. in my pocket—they emptied my pockets except a key
and two farthings—they ran across the road into Coulston Street—I followed them, and the prisoner punched me about and I fell again, and the big fellow put his foot on my face and said, "Shut up, shut up, shut up"—I got up again and ran after them; the prisoner and another man ran straight on and I followed them, calling out "Stop him, police," and a constable stopped the prisoner after about 20 yards—that was in Wentworth Street: they ran towards Oakham Road, about a quarter of a mile from Mansel Street—I never lost sight of him.
WILLIAM CHANDLER (323H). On January 25th, I was on duty in Wentworth Street at one o'clock—I was just going off duty when I saw the prisoner running up Wentworth Street, and heard a shout of "Stop him "—I went across the street and stopped him—the prosecutor who was running after him, said he wished to give him into custody for assault and robbery—I took him, the charge was read over to him and he made no answer, nothing was found on him—the prosecutor was very much knocked about on his face, he had both eyes blacked, and a lot of hob-nail marks about his face.
GUILTY .— Nine Months' Hard Labour and 20 strokes with the cat.
MR. SHERWOOD Prosecuted.
GUILTY .— Twelve Months' Hard Labour each.
MR. SHERWOOD Prosecuted and MR. WILLS Defended.
HARRY ROBERT PULLMAN . I am a wholesale stationer, of 24, Pear Street, Manchester Square—on January 28th, about mid-day, I went into a sale of show-cases in London Street, Mark Lane—there was a gang of five or six roughs, one of whom said, "Here you are"—two or three of them pushed against me, and the prisoner turned round and put up a pocket-handkerchief and put his back to the auctioneer—there was a very great crowd, but I stood on the fringe of it—at that moment one of the men elbowed his way through the crowd, pursued by another man, and I felt my pin taken—the prisoner was going out at the door—he said, "I don't know anything about it"—nobody else was near me, I was a yard behind the crowd, and the prisoner was between me and the crowd—there was nobody within reach of me—it is a very narrow shop, and everybody was concentrated near the auctioneer—I saw that there were thieves about and buttoned up my coat, but I forgot my pin—a man came up and said, "It was not this man who took your pin, it was a little man who went off that way."
Cross-examined. This was two or three minutes after twelve o'clock—I held the prisoner two or three minutes before I could get anybody to fetch a policeman, and never let go of him—I hauled him out of the shop and gave him into custody outside—his friends came round him at the door—I do not know whether I said "My pin" aloud or to myself—I did not address him and say, "My pin: I want you"—there was a lapse of a few seconds before I seized him—there are no steps to the shop.
Re-examined. At the time the prisoner put his handkerchief to his face he could reach my pin—his handkerchief was almost touching me.
HERBERT CUTTING (788 City). On January 28th the prisoner was given into my custody—he was taken to the station and searched, and 9 3/4d., two pocket handkerchiefs, a knife and a general patient's hospital card were found on him—he gave his name John Wilson, no fixed abode—Brooks is the name on the card—he was under arrest then—he did not say how be became possessed of the card.
GUILTY .—He then PLEADED GUILTY to a conviction on May 31st, 1892.— Twelve Months' Hard Labour.
THIRD COURT.—Saturday, February 12th, 1898.
179. ROBERT JOHNSTON, otherwise Robert Stevens (36) , Obtaining from Henri Lombard and another a china clock and other articles, with intent to defraud. Another Count—for incurring a debt of £272 10s. 4d. by false pretences.
MESSRS. BODKIN and RANDOLPH Prosecuted, and MR. LYNCH Defended.
HENRI LOMBARD . I am in partnership with William Francois Lombard as furnishers, at 48 and 50, High Road, Willesden—on July 1st, Brooke, our commission agent, introduced the prisoner to us as Robert Johnston, who said he wanted to furnish his house at 13, Thornhill Crescent—he selected and ordered furniture from our wholesale houses to the value of £272 10s. 4d.—amongst it was a chime clock value 20 guineas, and a quantity of bedding and other articles of furniture—the house was 10 rooms, Johnston had part—I afterwards met him and he said he could not pay all at once, but he held several licenses in London, and that he had some £2,000 in shares which he was waiting the fluctuation of the market to sellBrooke said, "You are rebuilding your house, are you not, Mr. Johnston?"—he said, "Yes"—I said I would not send the goods without a substantial deposit—a short time after, Brooke brought him back again, and an appointment was made for July 3rd, the next day, at the Victoria Hotel, King's Cross—there he paid me £15 cash, and gave me three bills for the balance, and said he would probably pay one in about a week—they were all accepted, payable at our office at his request, at two months—the goods were sent in by the carman of the wholesale houses—I paid one bill away—I never saw or had any communication with Johnston afterwards—the furniture has been sold by auction—I saw my brother write this letter of August 10th to Johnston—the envelope is addressed to 13, Thornhill Crescent—it has been through the post, and is marked, "Gone away"—the bills were not taken up by Johnston—I got no other money than the £15 cash—I have had to pay the wholesale houses—I have not been able to trace the goods—I believed Johnston's statement, and that induced me to supply the goods.
Cross-examined. I saw the prisoner three times—in consequence of what Brooke told me I met the prisoner at the warehouse to select the goods—he selected from a list—I instructed the wholesale houses not to deliver till they received further instructions from us—I wrote them the same night—after we had arranged terms of payment we told the houses to deliver—the prisoner was to have paid £20—my brother made out the bills, but he was not present when the prisoner signed them at the Victoria Hotel—we asked for the bills to be three for convenience—I assumed he was a publican, because he said, "I hold licenses," not "I
have held"—before the goods were sold I was communicated with by Mr. Davis, who told me the prisoner had said he had bought them from us—he produced a paper
ROSALIE FORTNUM . I am the wife of George Fortnum, of 13, Thornhill Road, Barnsbury—my husband, a clerk, is the tenant and underlets the house—on Tuesday, June 20th, I let three rooms to the prisoner at 11s. 6d. a week—he paid 5s. deposit—he said he would come in on the Thursday—I saw him on Saturday, July 3rd—two or three vans of furniture came that day—on leaving he said he should not return for a day or two—on Sunday morning he brought a man—they went upstairs and stayed a few minutes—he came again on Monday, and again on the Tuesday, when he said the rooms did not suit his wife, who, I think, had been on the Saturday, and that he would remove the furniture in the morning, when he would settle—the next day he gave me a sovereign, which included half-a-crown for cleaning the rooms—the furniture went on the 7th, and I saw no more of him, or of it—a Mr. Coates has lodged with us about 12 months.
Cross-examined. He complained that he had lost a good bit of money over bringing the goods there—the wife said she had a servant, and the only objection was that the downstairs back was the breakfast parlour.
EDWARD HERBERT COATES . I have no occupation, and live on my means—the last witness is my landlady—I have seen the prisoner two or three times—I remember the rooms being let, and on Saturday, July 3rd, his taking out a parcel and a clock—there was a cab at the door, which went away—I was having my tea on the second floor—the following Tuesday he came with two other gentlemen—I followed him—he went to the Cock, at Highbury, with others, and eventually to 10, Jackson Road—in a few minutes he brought out what appeared to be the same clock and put it in a cab—I followed the cab, which stopped at Mr. Coley's, a pawnbroker at the corner of the Hornsey and Holloway Roads—I saw the prisoner go in and come out, I did not see the clock—the next day I saw the furniture taken away from Thornhill Road—in consequence of this letter coming I went and saw Messrs. Lombard at Willesden.
Cross-examined. I described myself at the police-court as a traveller—I do not know why "nark" is in the deposition, or the meaning of it, but I was surprised, not having been in a police-court before as a witness—I have no banking account, but I have money in the stocks—I followed Johnston about two hours—I cannot describe the clock—it was square.
JOHN FREDERICK GARBETT . I am manager to Sydney Smith, pawnbroker, 180, Essex Road—in July last I was assistant to Mr. Coley, pawnbroker, 236, Holloway Road—on July 6th the prisoner pawned a chime clock for £12 10s., under a special contract, signed by him in the name of Robert Stevens—it was of wood and metal combined, with brass mountings—it was redeemed on August 27th.
Cross-examined. Two people came, and one said they came from the Prince Albert, Copenhagen Street.
ELIZABETH SOMERVILLE . I am the wife of George Somerville, upholsterer and French polisher, of 10, Jackson Road—he is the tenant and lets apartments—in July last I let the first floor front room to the
prisoner—I knew him as Stevens—he paid 5s. a week—a female came and they lived there as Mr. and Mrs. Stevens for about two months—on one occasion I looked into their room and saw a lot of large brown paper parcels and a very large clock—one parcel was open and contained blankets—the clock chimed—the prisoner took it away in a cab on the Tuesday following the Saturday that it came—the prisoner said he had held public-houses—he had no employment.
Cross-examined. I was friendly with his wife—my husband gave them notice because the prisoner made a disturbance when he was in drink—they quarrelled, but I did not know that it was because she would not live in Thornhill Crescent—I did not know what it was about—I did not hear him say he would sell up his home—I saw wooden chairs, without cushions, and a table in the room.
JOSEPH DAVIS . I am manager to James Miller, an auctioneer, of Stoke Newington Road—we have auction rooms, to dispose of new and old furniture under the hammer, sometimes without reserve—I sometimes deal on my own account—I have been with my employer 23 years—in July last the prisoner was introduced to me—he said he had furniture to sell—I went to 13, Thornhill Crescent, Barnsbury, to look at it on Tuesday, July 6th, with him—it was on the first floor in two rooms—it was new—there was a good van load—I looked through it and offered him £80—he said he thought it ought to fetch £100—I agreed to give him £85—he said he had been going to furnish a house, but had had a row with his wife, and intended to sell the whole lot at any loss—I asked him if the goods were paid for—he said, "Oh yes, I have two or three public-houses"—I asked if he had a receipt—he produced one—I believe it was "Received by cash and bills, with thanks. H. Lombard"—the prisoner said I had it—I have since searched for it but cannot find it—I believe I returned it to the prisoner the same night—he said he had £5,000 in stocks he did not wish to get rid of—I arranged to take the goods away the following day and pay the money:—the receipt I believe was for £280, but I did not have all the goods—the same night as I bought the goods I took the receipt to Mr. Lombard—I sent a van for the goods and paid Johnston £82 in notes and gold and got this receipt—there was a little outstanding item making up the difference—Mr. Miller sold some of the goods for me at his auction rooms, I sold another portion the following Monday, and another the Monday after that, all within a fortnight—they fetched about £115, but there were expenses of removal and 10 per cent, commission—there was no reserve—it was not a knock-out price—our clerk could give some of the buyers' addresses.
Cross-examined. A Mr. Gibson, who used to be a master carman, introduced Johnston—when he has a parcel of goods he tells me, and I pay him commission on the job, if it is too big for me I tell Mr. Miller—I told Mr. Lombard, I believe, that Johnston was going to sell to me, but not the price I was going to give—I told him afterwards I had bought them—I cannot say the date of the receipt—I returned it—I told Mr. Miller the circumstances, not that the goods were not paid for—the receipt was "Received cash and bills"—I did not see on the bill "Received cash on account,£15"—I have had no dispute with Gibson about this transaction—Miller got 10 per cent.—Gibson got a sovereign—I did not tell Mr. Lombard that the receipt had been given by this man, and that he
was offering the goods to me for sale—the object of my visit was to know if the receipt was genuine—I did not ask Mr. Lombard how he stood with regard to the transaction, because I did not want to ruin another man's reputation—I went to protect my own interest, to know if the goods were on hire, as I should have had to have given them up, as some time back I had to pay £130—I asked Mr. Lombard if the receipt was genuine—he said, "Yes, I received a portion in cash and a portion in Silk"—I did not ask him what portion, because it did not concern me as long as the receipt was genuine—I did not get to his place till nine p.m., and then had to wait a few minutes—I did not say I was buying them—I told him I was going to remove the goods—he said, "No doubt to warehouse them," and I said, "Of course."
Re-examined. I got the notes from Mr. Miller's bank—the London and County—on Mr. Miller's cheque, because I can borrow any amount of money from him, I always have—I told him I had bought goods, but I did not tell him from whom, I did not know Johnston's name till I received the receipt—I had seen Johnston on the Tuesday and got the cheque on the Wednesday—I was referring to Lombard's receipt—I told Mr. Lombard I had bought the goods when he came to see me three weeks after—I had received two letters from him, one about a week after I had seen him on July 6th, to know if I knew Johnston's address—I did not know it—the second letter was a fortnight after—I think I have them at home in my bag—I only looked for the receipt—I paid Johnston eight £10 notes and £2 in gold—the same notes as I got from the bank—my character has been so good, thank goodness, no enquiries were required—it has never occurred to me that charges might be made against me—I have never bought furniture from Messrs. Lombard—I never saw Brooke till I saw him at the police-court.
ELIAS BOWER (Detective). On January 1st I received a warrant—I saw the prisoner at 45, Ellington Street, Islington—I was with Sergeant Ballard—I said, "We are police officers; what is your name?"—he said, "Robert Stevens"—I said, "You are known as Robert Johnston, and in that name I have a warrant for your arrest"—I read the warrant to him—it charged him with conspiring, with Walter Cullum Brooke, to defraud Messrs. Lombard Brothers—he said, "There is nothing in that"—while his rooms were being searched he said, "Will you read the warrant again"—I did so—he said, "Brooke is the party who introduced me, he came and asked me if I wanted any furniture—I said, "Yes; I had the furniture and partly paid for it—I paid Mr. Lombard himself £20—I know the law—it is a debt; they cannot make anything else of it—all they can do is to sue me in the County Court, or the High Court, or make me a bankrupt; I do not care which—I hear you have some other people for it, who are they?"—I told him the names of the other defendants, "Mayman, Mowle, and Runcieman, and said there were possibly others—he said, "I only know Brooke—you cannot connect me with the others"—we conveyed him to the Highbury railway station—on the West Hampstead platform he saw Mr. Henri Lombard—he said, "That is the prosecutor; if that booby likes to let me have stuff without paying for it, it is his look out"—in the train he said, "There is no Magistrate in London would say I defrauded him, as I have not paid for the things, and only one of my bills have become due; the other is not due yet—there
is one thing, mind, I want to tell you, my full name is Robert Johnstone Steveng"—when the charge was read at the station, he made no reply—on being searched there were 8s. 4d., a metal watch and chain, and a sovereign purse found on him—Brooke was also charged, and in this case discharged by the Magistrate.
Cross-examined. On searching his room I found a cheque book, a bank book and other memoranda—I have made inquiries and find he has had eight or nine public-houses he ought not to have had, one in Copenhagen Street called the Prince Albert, or Prince of Prussia, for not more than three months—he did not say he had told Brooke he could not pay for the furniture except by instalments—he appeared angry at being prosecuted.
Re-examined. He has not held any license since 1892.
GUILTY *†— Five Years' Penal Servitude.
OLD COURT.—Tuesday, February 15th, 1898.
Before Mr. Justice Lawrance.
180. WILLIAM BEAUCHAMP NEVILL (37), commonly called Lord William Nevill, PLEADED GUILTY to unlawfully and fraudulently causing and inducing Herbert Henry Spender Clay to write and affix his name on two documents in the form of promissory notes for £8,000 and £3,113 respectively, in order that the same might be used and dealt with as valuable securities with intent to defraud.— Five Years' Penal Servitude. There were other indictments for forgery against the prisoner.
Before Mr. Common Serjeant.
MR. GRAIN Prosecuted.
HARRIET LOUISA CLARK . I am a housekeeper, of 140, Grove Road, Bow—on the night of December 23rd, I was in a second-class carriage on the Great Eastern Railway, the prisoner got in and sat on my right side—soon after he sat down I felt something fumbling in my right-hand pocket where my purse was—it contained a ticket from Globe Road to Manor Park and 2s. 2 1/2d.—the prisoner got out at Manor Park and I got out and saw him go to the ladies' waiting-room—I missed my purse and told a constable, indicated the direction the man had gone, and pointed out the man to a constable on duty—I went up to him and charged him with stealing my purse—he said he had never seen me before, he bad come from Stepney and had not been at Forest Gate; he said, "What are you going to do, are you going to charge me?"—I said, "I will if you do not return my purse"—he said, "I have not got it"—I said, "If you have not got it, you had it"—he said he had not got it but he would give me the value of it—none of the contents of the purse were found on him, it was afterwards produced by the constable—the money had been taken out, but the ticket was in it—I went to the Romford Road Station and charged him there, and he said nothing to the charge.
EBER WATKINSON (748 K). I am stationed just outside Manor Park station—I was called inside the railway station by the officials, and from information received I went on to the down platform—I saw the prisoner and watched him until a down train ran into the station—he attempted to leave and I stopped him and asked him to come to the booking office—a lady was there, and I said, "This lady charges you with stealing her parse"—he said, "You have made a mistake, lady, I bought a box of chocolate, and I will show you where I threw the box; I will give you 2s. not to lock me up, and I will show you where the purse is"—I went with him into the closet of the ladies' waiting-room and found the purse in the bottom of the pan—I took it back to the lady, and it only contained a half return ticket; the money was not there—I took him back to the lady, and he said, "Don't lock me up, for the sake of my old mother."
Prisoner's Defence. On December 23rd I was sent by my master to Manor Park. I got out at the station before, by mistake, and had not got time to get back to my carriage again as I am a cripple, so I got into a second-class carriage and on the seat I saw the purse which I picked up. I went to the box and got some chocolate. The lady charged me with stealing her purse. I said, "I have not, I was not in the carriage." If she had said she had lost the purse I would have given it to her, but she said I had stolen it.
GUILTY .—Several convictions were proved against him.— Eighteen Months' Hard Labour.
MR. GRAZEBROOK Prosecuted, and MR. PURCELL Defended.
EMMA ELIZA BRIGHT . I am the wife of Thomas Bright of 63, Coleman Road, Camberwell—Sarah Elizabeth Fautley, formerly Lee, is my sister—I was present when she was married to the prisoner on February 2nd, 1880—they separated, she had misbehaved herself before that, not before she married him, but after she left him—she went off with somebody else—she had always been a trouble to him—they lived together ten years—I did not know of their coming together again.
Cross-examined. I lost sight of her—she has been a trouble to her family, and a man named Harrison was mixed up with it—she was not in good health when she left her husband, she had epileptic fits—it may have been the beginning of the year that she left him, after that my sisters heard she was dead, and I heard the same and believed it—I never saw her again until I saw her outside the police-court—I never saw her between 1890 and 1897.
Re-examined. I did not see the prisoner after his wife left him—I never enquired of him whether she was dead—he was a soldier in 1880, but he is a painter by trade.
MARIE LOUISE DUPERTIUS . I live at 117, Belgrave Street, Stepney, I am a Swiss—I became acquainted with the prisoner in July or August, 1890, and on August '21st, 1891, I went through the ceremony of marriage with him at St. John's Church, Richmond—I had known him 11 months—he told me he was a bachelor, I produce a certificate of our marriage, in which he is so described; I saw him sign the register—I had £100, and he took it—I took a beer-house with my money before our marriage—he left me on August 7th last—he had left me before, he used to go to Peckham—last April I looked in his pocket and found this key—he returned home on October 16th, and asked me to take him back, I did so and lived with him till the 21st, there were some words between us—on December 19th, he went away and did not come back; two days after I went and saw his sister, and in consequence of what I heard from her, I went to Camberwell and obtained this certificate, and went to Arbour Square and gave him in charge—on January 13th, this year I went with Detective Hay to Somerville Road, Peckham, the landlord opened the door—I did not see the prisoner there, I tried this key in the door of the house and it fitted, it was his wife's house—he had had that key eight or nine months—after taking it from his pocket, I had kept it.
Cross-examined. He was carman to a brewer, I made his acquaintance when he was delivering my mistress's beer in July or August 1890; I had been there two years as parlour maid and he used to call—he told me one day that he was a butcher—I managed the beer-house, he used to give me a pound a week.
Re-examined. I went out with him for a fortnight after the marriage was arranged—my having this money was first talked of some time before our marriage—he said he was a single man before he began to walk out with me.
ERNEST HAY (Detective P.) On January 13th I went with the last witness to 61, Somerville Road, Peckham, and found the prisoner there with his wife—I arrested him, and mentioned the name of a woman—he said, "I could not live with her; she sent me up the leavings."
The prisoner's statement before the Magistrate: "I have witnesses to prove that I was given to understand at the time I married that my wife was dead. Her relations told me so. I married her after 12 months."
Witnesses for the Defence.
ALICE BUELINGTON . I am the wife of Alfred Burlington, of Somerville Road. Peckham—the prisoner's wife is my sister—I remember her leaving him the first week in February, 1890—she had been a good deal of trouble to me and to her sisters and parents, and we did not trouble about her—I next heard that she had been very bad, and was dead—I heard it from the neighbours, and I saw her death in a newspaper, but in her maiden name—I heard that she had died in an infirmary, and after that I heard that she had drowned herself—I saw the prisoner several times after that—he asked me if I had heard anything about her, and I said I had heard that she was dead.
Cross-examined. I made no enquiries about her—I did not tell my sisters what I had heard—I never inquired the name of the infirmary—I knew the prisoner had married again, and I have known him since.
Re-examined. I did not see him much till this prosecution—I did not take the trouble to inquire about my sister's death, she had always been
A trouble—I did not know that he described himself to his second wife as a bachelor.
MARY ANN BRETT . I am a widow, of 113, Commercial Road, Peckham—the prisoner is my youngest brother—he lodged with me in 1890—and one day, when he came home, I told him that a workhouse woman came and told me that his wife had died in the infirmary—I do not know in what infirmary; I never asked, it did not matter to me whether she was alive or dead.
Cross-examined. So far as I know he made no enquiries at the work-house—it would not be Camberwell workhouse, because she went right away—I do not know the name of the woman who came.
GUILTY .— Five Years' Penal Servitude.
Before Mr. Recorder
184. WILLIAM WOOLLETT PLEADED GUILTY to five indictments for embezzling sums of money of the Royal London Friendly Society, his employers; also to obtaining money by false pretences.— Discharged on his own recognizances to appear when called.
Before Mr. Common Serjeant.
MR. HUTTON Prosecuted.
JOSEPH BARROW. As this witness was still ignorant of the nature of an oath the COMMON SERJEANT declined to receive his evidence; upon which MR. HUTTON withdrew from the prosecution.— NOT GUILTY .
HALL PLEADED GUILTY .
MR. WILKINSON Prosecuted.
JANE CHAPLIN . I am the wife of William Chaplin, of 44, Commercial Road, Lambeth—Brown and Hunter came to lodge with us a fortnight before Christians—they paid 6s. a week for a room on the top floor—I gave Brown the key—they were very quiet—when they had been there a fortnight Hall came—I first heard his voice as near as I can say between nine and ten one morning—I asked them who he was—they said that he was their father, and that they were sisters, and that he was in the habit of drinking—I afterwards saw him in the gateway, and saw him go down the area once—I have seen him in their room—he said, "Do my children annoy you?"—I saw them go up and down the street, and one night I heard a noise, and saw them going down with a pail of thick whitening which they threw down the sink—I never saw anything taken up to the room—there has been a fire in their room—they got the coal themselves, about one hundredweight at a time—I only went into their room on January 5th—that was about 11.15 a.m.—the door was unfastened and there was nobody there—I went to the window sill and saw a paper bag—I looked inside it and found several two-shilling pieces—I took it to a friend—this is it—(produced)—I brought it back and put it in the same
place, and communicated with the police, and Serjeant Cox and Wright came about two o'clock—I showed them the room, they went up with me alone, the prisoners were taken into custody.
Cross-examined. by Hunter. When I went to the window-ledge and saw this, you were the last person who had gone down that morning.
DAVID COX (Detective-Sergeant, L). On January 5th I went to 44, Commercial Road, Lambeth, and saw Mrs. Chaplin—she showed us up to a room on the top floor where I saw seven counterfeit florins in this bag—I replaced them and kept observation till 4.30, when the prisoner Brown and another woman went in—we went up and said, "We are police officers and want to see about some bacon"—these things were shown to Brown, who said, "I don't know what the man does when I am out, I don't live here"—Mrs. Chaplin then came up and said that Brown and another woman took the room—I searched and found three moulds between the bed and the mattress—there was a loud knocking at the door, the landlady answered it and I followed and saw Hall run from the opposite side of the way—he passed me, I followed him—he then ran back, saying, "I don't live here"—I arrested him and then found the moulds—I told the two women that they would be charged for having moulds for making base coin—Brown said, "I am not responsible for him, he is a stranger to me, I have never seen him before"—Mrs. Chaplin was then on the landing—next morning at the police-court I saw Hunter and said, "I am going to arrest you for having moulds for making these base florins"—she said, "Very well"—I saw Wright making a search.
CHARLES WRIGHT (Police-Sergeant, L). I accompanied Cox to this house and found in the bed a crucible, containing metal, a counterfeit florin, a spoon with metal in it, a fudge wheel, some plaster of Paris, a file hammer, scissors, a piece of tallow candle, some lamp black, sand paper, a knife, and some silver sand—I arrested Brown on the spot.
WILLIAM JOHN WEBSTER . These are three single moulds for florins—these eight counterfeit florins are bad—seven of them came from the bag—four of them are from one mould and two from another—all these things are the stock in trade of a coiner.
Brown, in her statement before the Magistrate, said that she never noticed the things in the room, that Hall brought out the whitening but she did not know what it teas, but that he said to Hunter, "This will do to clean the five-hearth," that he was going to mind the things for someone. Hunter stated that the landlady told far that she had better go out of the house as soon as she could, as something serious was going to happen.
JANE CHAPLIN (re-examined). I saw the man in the house about half-a-dozen times—you have to take a key to the front door, you cannot get in in any other way—I do not think Hall was ever there in the day time, when they were away, because he never had a key.
—BROWN— Nine Months' Hard Labour;
HUNTER— Twelve Months' Hard Labour.
HALL then PLEADED GUILTY to a conviction at this Court, in the name of Bollard, on May 20th, 1895, of making a mould for coining, and several other convictions were proved against him.— Seven Years' Penal Servitude.
MR. WILKINSON Prosecuted.
Waterloo Road—on January 5th about nine o'clock the prisoner came in for a pennyworth of sausages—I knew her before—she gave me a florin—I sounded it and said that it was no good—she then tendered me 2d. and said she would take the other half pound to make the 2d.—she had tendered me a four-shilling piece last May, when she had to pay 3d. or 4d.—I tried it after she had gone, and it did not ring properly, so when she came again I had her in my mind.
Cross-examined. by the prisoner. I was not a long time identifying you—I had not a good mind to pick out another woman—I picked you out from others.
KITTY PAUL . I am single, and assistant to Mr. Pohl—on January 3rd I was serving in the shop between eleven and twelve a.m., and served the prisoner—I do not know now what she asked for—she gave me a florin—I put it between my teeth, it was gritty and very soft—I said, "This is no good"—she said. "I have no other money"—I returned it to her, and she left—I saw her the next Wednesday at the police-court, and identified her—I had seen her once before in May.
The prisoner's defence. I can prove that I was in Holloway Prison, and was discharged that morning—I had one penny on my coming out, where could I get a two shilling-piece.
Evidence for the Defence.
EMMA STEAT . On January 3rd, the prisoner was discharged from Holloway Prison at 8.37—she had been sent to prison on May 1st for 14 days' for being drunk and disorderly and was discharged on the 14th and came in again on the 15th and spent another 14 days with us for being drunk and disorderly.
JOHN PKPTON . I am a warder at Holloway Prison—on January 3rd at eleven o'clock the prisoner came there to visit William Johnson, who was there for uttering counterfeit coin—he was tried here last session—(See page 205)—he is the man who was a witness in a previous cage—the prisoner came and said, "I am married to Johnson and am his sister"—she saw him from 10.40 till 11 a.m.—I do not know what became of her after that.
Cross-examined. Eleven o'clock was the last hour that she was in Holloway—it would take about three-quarters of an hour to go from there to Waterloo Road by omnibus.
(A large number of convictions were proved against the prisoner, three of which were for uttering counterfeit coin; and the police stated that she called witnesses to prove an alibi on each occasion).— Seven Years' Penal Servitude.
190. ERNEST JONES (23) and FRANK HUDSON (26) , to a burglary in the dwelling-house of Henry Miller with intent to steal, they having both been convicted at Clerkenwell, on July 6th, 1897, and several other convictions were proved against them. [Pleaded guilty. See original trial image.]
JONES— Twelve Months' Hard labour;
HUDSON— Eighteen Months' Hard Labour.
MR. MACOUN Prosecuted.
FRANK ANDERSON . I am a solicitor—I reside at Uplands, St. Julien's Road, Streatham—I am occupied as a clerk—I went to bed on November 5th about 12.50 a.m.—I believe the house was secured—I came down stairs between 8 and 8.30 a.m.—I found the place ransacked, things turned over and a number missing, to the value, roughly, of about £30, consisting of three plated salvers, glasses, two great coats, plate basket, underclothing, knife box, and a pair of boots—I gave information to the police at once—these are my boots which I bought in Switzerland in September—I identify them by their peculiar shape, white linings with blue stripes, and the fastenings having been replaced by those of a different kind in England—an entrance had been effected by raising a heavy window, the sash of which was missing.
ALICE PATHAN . I am a servant of Mr. Anderson—I came down about seven a.m.—I found the dining and breakfast rooms in great confusion—I believe this knife is my master's brother's who resides in the house.
GARLAND BURRELL (Sergeant W.) I examined the premises and found marks on the window corresponding with this jemmy—this block would be used as a lever—I found this coat in the shrubbery with matches and a piece of candle in it—it is not owned by Mr. Anderson—on January 14th I saw the prisoner fat Streatham police-station—he was wearing this waistcoat which matches Mr. Anderson's coat—it is the same material, and has similar marks on it—he wore these boots which I told him answered the pair stolen in November—he said he bought them in Lambeth eight months ago.
THOMAS WYATT . I reside at 5, Westbrooke Road, Thornton Heath—I am a watchman employed by Mr. Brown—on January 14th I saw the prisoner about 5.15 a.m. leaning over the area of Mr. Brown's residence—I took him for the sweep and said "Good morning"—he made off—I went out through the back way and found him crouched under a fir tree—I told him to come out—he ran off—I followed and hit him on the head with my stick, which caused him to stumble, when I took hold of him—he struck me a violent blow with a jemmy like this—I got the jemmy and threw it away so that he should not use it again—I held him by the arms, took him into the main road, and called for the police—the prisoner became violent and kicked, scratched, and bit my thumb almost through, the nail coining off—I managed to hold him till the police came—he said, "you b—, if I could get my knife out I would put it through. you and let your guts out."
Cross-examined. I did not use my bludgeon but my walking-stick—it is a good heavy stick.
CHALMERS CORDELL (69 WR.) On January 14th, I went to Wyatt's assistance—he was struggling with the prisoner—I took the prisoner to the station—I searched him and found a candle, two chisels, and this piece of wood, two boxes of silent matches, and a knife—he had these boots on—this jemmy was picked up afterwards.
The prisoner, in his defence, stated that he bought the articles found
on him at Lambeth, that the window had not been opened, and could not have been marked.
GUILTY **.—He then PLEADED GUILTY to a conviction of felony at Sussex Assizes in May, 1887, in the name of John Jones. He has been in Penal Servitude 32 years, having over seven years to serve from being released on ticket of leave. Five Years' Penal Servitude.
192. WILLIAM HENDERSON (24) and WILLIAM SMITH (20) , Feloniously breaking and entering the dwelling-house of John Flitton, and stealing a blanket and other goods belonging to him, to which HENDERSON PLEADED GUILTY .
MR. DRAKE Prosecuted.
THOMAS JOHN GOODALE . I am a carpenter—on January 28th, I was working at No. 2, near 12, Earle Road, Mortlake—I saw Henderson get over the wall of No. 12—I followed him—he was subsequently arrested—I saw Smith at the end of the road getting into his barrow cart—he drove away—he went round the top of Sheen Lane—when I was chasing Henderson, Smith came round another way, and they met at the corner—Smith was driving his pony barrow—Henderson was stopped by a policeman—I was about 10 yards behind—Smith was overturned in his barrow at the corner of the road.
Cross-examined. by Smith. I did not see you at the house.
CHARLES WATSON . I am a plasterer's labourer—on January 28th I was at work in Elm Road, opposite Earle Road—about 2.45 p.m. I saw the prisoners in the pony cart—Henderson took something from the cart and went up Elm Road—Smith put the nose-bag on the pony—Henderson came back, took a sack, and walked up Elm Road—Smith drove across the road,
HENRY THOMPSON . I am an engineer—I was near Sheen Lane on January 28th—I saw Smith driving a pony-cart and Henderson running after him—he called out, "Stop, Bill!"—the barrow turned over—I went to his assistance—a policeman came and arrested him.
Cross-examined. by Smith. You asked me to help you—I asked you what was the matter.
JOHN FLITTON . I reside at 12, Earle Road, Mortlake, with my father and mother—on January 28th I left the house about 2.15 p.m., after dinner—I shut the door after me—I had a key—the blanket, skirt, overcoat, and other things in the basket produced, belong to my mother.
JOHN MILLER (430 V). On the afternoon of January 28th I heard a whistle—I arrested Smith, in the Earle Road, in consequence of information received from another officer—he had a pony and cart in which I found this basket containing this bottle of ketchup, comb, and bag—I went to 12, Elm Road with Sergeant Tadd—I saw a sack containing clothes in the kitchen—I examined the front door and found an impression of this jemmy—he was charged with being concerned, with Henderson, in breaking and entering a dwelling-house and stealing therein—he made no reply.
HENRY TADD (79 V). I examined 12, Earle Road and found marks of a jemmy on the door post and on the panel of the door, which was fastened inside—I found this jemmy, also a sack containing clothing, by the kitchen door, ready for removal—the prisoners were taken to Barnes police-station, and charged with breaking and entering this dwelling.
Smith's statement before the Magistrate. "All I can say is the man asked me to lend him a sack, at the top of this road, and I lent him one. I said good-day to him. I took my pony's nose-bag off and I drove him away. I went down to a turning higher up and saw the man running. He called out to me to give him a ride. I took no notice of him, and kept driving on till I got round to this estate, and my barrow turned over over a heap. I called to a man to help me lift up the barrow. I stopped there trying to fasten the pony to the barrow. Then I saw the constable. He told me to put the pony together in the barrow, and to get up and go along with him to the station. For why, I did not know."
JOHN MILLER re-examined. I told Smith he would have to go with me to the station as he was concerned with the other person in breaking and entering a house in the Earle Road, near Mortlake—he made no answer—this was about 2.45 p.m.
SMITH, in his defence, repeated his statement before the Magistrate, and said he did not know the other man, who got his name from two men with brooms whom he gave a ride; that he had friends to speak for him, but did not like to upset them; and that he had no address as he was a traveller.
GUILTY.— Judgment Respited. HENDERSON then PLEADED GUILTY to a conviction of felony at Newington in January, 1893, in the name of William Little.— Three Years' Penal Servitude.
Before Mr. Recorder.
MR. BURROW Prosecuted.
JOHN WINZAR (Police Sergeant V).I arrested the prisoner on January 18th, on Wandsworth Common, and told him I should take him into custody for marrying Adelaide Annie Betts his wife being alive, and said "You married her in the name of Olson," he said "Yes that is my skipper's name, she wanted me to marry her and I would not do so"—I produce a certificate of his marriage to Elizabeth Allison Wrigglesworth in Yorkshire in 1830—I made inquiries about his wife, but I have not seen her—he was sentenced by a Magistrate for not maintaining her, and imprisoned for three months—he was arrested three months ago when he was living with his real wife—he saw her on the day before he was sent for the three months, that was November 16th, last year—I have witnesses to prove that he lived with her five years—he said that he had lived at Wapping with the skipper and she had threatened to communicate with the Revenue authorities, and that to shut her mouth he married her.
ADELAIDE ANNIE BETTS . I live at 309, Wands worth Road—I was married to the prisoner on May 25th, 1889—he said that he was a widower—I was not a widow—he said that his real name was Olsen—I knew that he had been engaged in smuggling operations because he had just lost his ship by smuggling—I asked him to marry me—the charge was not brought till nine years afterwards because I had to bring a summons against him for maintenance—he deserted me three months after the marriage—I did not act before because I did not know where he was—I found him at Hull, living with another woman, whom I believe to be his wife—I have had two children before I married him, but none by him—we were living together when I asked him to marry me—I had no money.
Cross-examined. by the prisoner. I did not know that your wife went to sea with you—she took charge of the children while you were away—I do not know anything about Mrs. Hinely.
Prisoner's defence: My wife is dead, she died on November 26th, 1886—it is not my wife that I am living with now. No one can say that I have ever seen my wife since November 26th.
JOHN WINZAR re-examined. The person who the prisoner is living with now is Elizabeth Alice Wrigglesworth—when I arrested him I said, "You will be charged with bigamy, marrying Adelaide Annie Betts, your lawful wife being alive;" he said, "Yes, that is right;" I said, "Your lawful wife Elizabeth Allison Wrigglesworth being then and now alive"—the witnesses to the marriage are both dead.
The prisoner. I never said to anybody whether she was alive or dead.
NOT GUILTY .
Before Mr. Justice Lawrance.
194. GEORGE WALTERS (36), NEVILL SHORTHOUSE (38) and FRANCIS WARDALE (24) , Feloniously using a certain instrument upon Eliza Lambert on March 13th, 1897, with intent to procure her miscarriage. MESSRS. CHARLES MATHEWS and HORACE AVORY Prosecuted, and MR. BLAKE Defended Walters, MR. GEOGHEGAN for Short house, and MR. ELLIOTT for Wardale.
WALTERS and SHORTHOUSE— GUILTY — Seven years' Penal Servitude each.
WARDALE— GUILTY — Twelve Months' Hard Labour.
195. JOHN MAYGOLD (17) , Feloniously setting fire to a ware-house, the property of Gustav Sarling, with intent to injure. Other Counts—For setting fire to certain things in the warehouse under such circumstances that if the warehouse had been set fire to he would have been guilty of felony.
MR. RAYMOND Prosecuted.
GEORGE WILLIAM HATCHER , A.R.I.B.A. I carry on my profession at 35, Finsbury Circus—I have made this scale plan of Mr. Sarling's factory I and the lane leading from it to Grange Road; it is correct—from the end of Grange Road up the lane to the first gate is about 255 feet—that first gate is 9 feet high—from the first gate to the second is about 50 feet—the second gate is 7 feet high—the sill of the window of the room where the fire was is about 26 feet from the ground—the height of the building is 31 feet—it is quite impossible to see the warehouse windows from Grange Road.
THOMAS HOLKAN . I am a caretaker, employed at Mr. Sarling's factory, Wright's Buildings, Grange Road, Bermondsey—it is a three-storied ware-house—it is my business to go round the premises at night—I have two watch dogs—there are two gates to pass through to get into the premises from Grange Road—they are kept locked—they were locked on the night of January 15th and morning of 16th—at 12.15 midnight on January 15th-16th I went the ordinary rounds with a lantern—the building was all quiet and locked up—I heard no alarm from the dogs during that
night—at about 12.45 Constable Keenan came to my house and knocked me up, and in consequence of what he said I went with him to the ware-house and unlocked the gates—I then went on to the third floor and there I saw the prisoner—he said he saw a glimmer of light shining from Wright's buildings and he thought it was his place to come in and see what it was—he said that he got in through the window, but he could not do that as the window is about five feet from the ground outside, and unless he got down over the top of the boilers he would have to drop 15 feet—to get in from Grange Road he would have to get over both gates—I gave him into custody—I went to the top floor—all three rooms were blazing—the floors are all open and made of boards about two inches apart—on the top floor a steaming board, which should have been on the rack, was on the floor, and skins had been placed on it—they were burnt right out before I got there—the floor was burnt too—I took up 25 or 26 pails of water to the top and put out the fire.
By the COURT. The prisoner works on the place.
Cross-examined. by the prisoner. The top floor was alight where you had put the straining board, and the fire had dropped from that on to the bottom floor—I do not know who set it afire; you are the only man I caught in the place—I cannot say whether or not you set it alight.
JOHN KEENAN (141 M) About 1.30 a.m. on January 16th Curtis, the caretaker at Ross's factory, next door to Sarling's, spoke to me, and in consequence I went to Ross's factory and looked at Sarling's factory and saw a window alight there—I then went round with Curtis and aroused Halkin, and went with him into Sarling's warehouse—I went upstairs and found the prisoner standing at the door of the room which was on fire—he said to Halkin, "Tom, Tom, the place is on fire"—I took hold of him, and Halkin got buckets of water and put the fire out—when I took hold of the prisoner, before I spoke, he said, "I did not do it; I am religious"—I detained him there while they put the fire out—I asked him what brought him there—he said he had seen a light from the street, and got over the wall and through a window, and up the stairs—I took him to the police-station—Mr. Sarling was sent for and he was charged—it is' not possible to see the window from the street, or from any place near in the public way, only the place where Ross's watchman was, and he was in his own factory—I had to go five or six yards from this gate before I saw the window.
WILLIAM CURTIS . I live at 44, Gulliwell Road, Bermondsey, and am night watchman to Ross & Company, whose factory adjoins Mr. Sarling's—about one a.m. on January 16th I was going round our premises when a light in the window of Sarling's factory attracted my attention—I watched it for 15 to 20 minutes—I saw a reflection of someone passing backwards and forwards between the window and the fire—I came to my gate and called Keenan, and he came about 15 yards into our factory, and I showed him the window—he called Halkin, and we all went into Sarling's premises—we saw the prisoner—Halkin said, "Look at this chap"—I said, "Tom, hold him, don't let him go"—Keenan took charge of the prisoner—I and Halkin went up on to the next floor, which was on fire—Halkin and I put it out—I did not hear the prisoner say anything.
factory and warehouse at Wright's Buildings, Grange Road, Bermondsey—it is approached by a public lane from 1, Grange Road, up to my two gates—about two a.m. on January 16th I was called to the police-station—I saw the prisoner—he had worked about six weeks at my factory in the sub-employ of one of my men—I charged him—about £5 worth of damage was done to my top floor—the floor was burnt—the fire originated in two places, one about two feet and the other about one foot square—I saw a straining board across the steam pipes, it bad been removed from one drying-room to another—gas is laid on to the factory, it is always turned off, and was on the night of January 15th—when the prisoner was charged he said nothing.
JAMES LYNETT . I live at 52, Pendle Street, Bermondsey, and am employed by Mr. Sarling in his warehouse as a strainer—on January 15th I was working there, and the prisoner was working with me as a strainer under me—he left off work at 1.30, and I saw him leave the premises at 2.20—I left at 2.30 or 2.45—I left this straining board on the rack in the next drying-room in its proper place—when I was sent for next morning it was in the next room.
SAMUEL LEE (Detective Sergeant, N.) I went over this warehouse on Sunday, January 16th—on the top floor I found three sides of a straining board lying across the steam pipes; there was a quantity of burnt sacking and some portions of burnt skins—the fire that had originated there had evidently dropped through the floor on to the floor of the first floor, and the staging above the second floor was also charred—a hole was burnt right through the floor of the second' floor about 2(1/2) feet square, and the fire fell on the floor below—the floors were formed of boards about 1(1/2) inches apart—on the gate leading directly to the factory there are some tenter hooks—I went back to the station, had the prisoner fetched from the cells, and told him he would be charged with maliciously setting fire to his master's premises—he said, "I never lighted it, I was going along Grange Road and I saw a light in the window, I was not in there above 10 minutes"—both his hands were blackened, and the skin of one was lacerated.
The prisoner, in his defence, stated that when he got home at 12.30 a.m., he found the door bolted; that he thought he would sleep at the warehouse; that he got in and laid down in the dark, and saw Halkin come in and set the place alight, saying, "I will show him his b—g 5s."; that he (the prisoner) waited 10 or 15 minutes, and had just opened the door, when Halkan, Curtis, and the policeman came up: and that he had not accused Halkan before because lie had a wife and children.
THOMAS HOLKAN (Re-examined by the COURT). I did go up while the prisoner was there—I did not go up and remain some time in the dark—I did not say, "I will see about this b—g 5s."—when the police constable came I was in bed on the second floor; the constable gave several knocks at my door, I do not live at the warehouse, my house is at the bottom of the premises—I have a gate that goes into the premises.
GUILTY .—It is stated that on the previous night the same premises had been set fire to, and damage done to the extent of £100; that in November 1896, a fire had occurred at premises, and in a room, where the prisoner
was then employed; that other fires occurred at temporary premises taken by that employer, and afterwards at his newly-erected premises, and that the prisoner's mother said he had been subject to fits from a youth.— Three Years' Penal Servitude.
MR. C. F. GILL Prosecuted, and MR. WARBURTON Defended.
The prisoner, in the hearing of the JURY, stated that she was GUILTY of manslaughter. The JURY found that verdict and recommended her to mercy, believing she had acted under great provocation. — Eighteen Months' Hard Labour.
The following case was omitted from the last Session
— NOT GUILTY ADJOURNED TO MONDAY, MARCH 7TH, 1898.