CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD MAY 16TH, 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,
Held on Monday, May 16th, 1898, and following days,
BEFORE THE RIGHT HON. HORATIO DAVID DAVIES, M.P., LORD MAYOR of the City of London; The Hon. Sir HENRY HAWKINS , Knt., one of the Justices of the High Courts; Sir REGINALD HANSON , Bart., M.P., SIR DAVID EVANS , K.C.M.G., and Sir STEWART KNILL , Bart, Aldermen of the said City; Sir CHARLES HALL , K.C.M.G., Q.C., M.P., Recorder of the said City; ALFRED JAMES NEWTON , Esq., MARCUS SAMUEL , Esq., Sir JAMES THOMPSON RITCHIE , Knt., JOHN POUND , Esq., WALTER ' VAUGHAN MORGAN , Esq., WILLIAM PURDIE TRELOAR, Esq., FREDERICK PRATT ALLISTON, Esq., SAMUEL GREEN , Esq., and JOHN KNILL , Esq., other Aldermen of the said City; and Sir FORREST FULTON, Knt., Q.C., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
RICHARD CLARENCE HALSE, Esq.
CENTRAL CRIMINAL COURT.
DAVIES, MAYOR. EIGHTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, May, 16th, 1898.
Before Mr. Recorder.
MR. BIRON Prosecuted and MR. C. F. GILL Defended.
NOT GUILTY .
NOT GUILTY .
NEWMAN PLEADED GUILTY .— Twelve Months' Hard Labour. No evidence was offered against GARBY.
— NOT GUILTY .
358. JOHN WOODWARD (32) PLEADED GUILTY to stealing a goldtug, a van and set of harness, and 29 chests of tea from Morris, Fairclough and Sons; also to conspiracy with others to steal the game.—Several convictions were proved against him. And
(359), CHARLES EWEN (18) and OTTO FUNCKE (14) to a burglary in the dwelling-house of G. H. Darnell, and stealing articles value £37, also to two other burglaries, and to stealing a savings bank book of Lucy Painter— Judgment respited. [Pleaded guilty: See original trial image.]
MR. BEARD Prosecuted.
1.30 on the morning of May 6th I was in the Knightsbridge Road, when I was suddenly attacked by four men; three are the prisoners—first Williams snatched at my watch chain, and I stepped back and pointed at his stomach with my umbrella; then I hit Sargent over the head and shoulders with my umbrella, because he came to relieve the first—the third prisoner then came up, and I stepped back and fell over the kerb—I could not help myself any more, and I called "Police"—they ran away directly they saw the policeman—the policeman got into a cab and chased them, and brought back three out of the four—I identified Sargent and Williams, but the other I could not identify whether he was the third or the fourth, but he was one of the four—they were taken to the station and charged.
Cross-examined by WILLIAMS. You made a grab at my chain—I was not the worse for drink.
GEORGE LLOYD (63 B). About 1.30 on May 6th I was on duty in High Road, Knightsbridge, with Police constable 124 B—I went towards where I heard a cry, and saw the prosecutor and three men running away—we got into a cab and overtook them—we caught Kentfield first—I told them that the gentleman coming up would charge them with snatching at his chain—Kentfield said, "If he had not struck us we should not have run away. He struck us first, and was going to kill us"—Read took Williams—both of us took Sargent—he said he was struck by an umbrella—Williams and Sargent gave a false address at St. Clement's Road—Kentfield gave a correct one at Bangor Street.
Cross-examined by WILLIAMS. Your correct address is 40, Sirdir Road, Notting Hill—that is the same road as you gave me, but the name has been changed—I do not know how long—I do not think the prosecutor was the worse for drink; he seemed to be excited.
JOHN READ (124 B). I was on duty with the last witness—I heard a cry of "Police"—I went towards theories, and saw the prosecutor, calling out that he had been robbed of a watch and chain—I saw three people running away and got into a cab and chased them—I took Williams and Sargent into custody—Sargent said, "We were frightened of the man and ran away"—Williams said, "We did not touch the man's watch and chain"—at that time nothing had been said about a watch and chain—Kentfield said he was not walking with the other two—he was in front—I had seen them previously in company of each other.
Cross-examined by Williams. only saw three men, not four.
GUILTY .—A former conviction of three months was proved against Williams.
WILLIAMS— Twelve Months' Hard Labour.
SARGENT and KENTFIELD— Nine Months' Hard Labour each.
GEORGE WASHINGTON . I live at 62, Brick Lane—on April 26th, about 11 a.m., I was going home through Love Lane—the prisoner and three or four other fellows were standing in the lane—I knew the prisoner by sight—when I got past the lane the prisoner shoved a knife into my left rump twice, and then ran away and gave the knife to another
man—I did not see him stopped by the constable—when I first saw him he was not having his boots blacked—I saw him taken into custody—I charged him with stabbing me with a pen-knife—he said he did not do it, and that it was "only a lark," and he wanted me to have a drink to square it—the knife was about 2 in. long—I was taken to Gay's Hospital And attended to by the house surgeon—the wound bled all the way to the station—the prisoner is a fish porter—I have never had any words with him, but he is always on me every time he sees me—he has threatened to out me with a knife before.
Cross-examined by the Prisoner. I saw you standing in Love Lane—I saw you coming at me with a knife—I could not stop you when you had a mob—I was going to London Bridge—you ran down Love Lane—you were not having your boots cleaned—you said it was only a lark—you did not say, "Somebody has had a lark with you"—I saw you stab me—there are always a lot of men in Love Lane, but not porters.
By the COURT. I have not been convicted of assault—if he says so, it is untrue—I was brought up before the Magistrate for kicking a woman—I got four months' hard labour.
THOMAS TRENCHER (835, City). On April 26th, about 11 a.m. I was called by the prosecutor in Love Lane—the prisoner was walking slowly down Love Lane a few feet away—he passed close to me—he could hear what was said—Washington said he wished to give the prisoner into custody for stabbing him—I told the prisoner, and he ran away—I ran alter him and caught him in Lower Thames Street—I took hold of his hand to see if he had a knife—he had none—I took him into custody and told him he would be charged with stabbing the prosecutor with a knife—he made no reply—the prosecutor had shown me the place where he had been stabbed—I cannot say if it was a serious wound—he was taken to the hospital—they were both sober—no knife has been found—the prisoner did not tell me he was having his boots cleaned—he did not say anything to me about its being a lark—I did not see any other men larking about—I had been there just before—when the prosecutor called me there was no body except the prisoner near him—there is a shoeblack there, but he was not blacking anybody's boots.
Cross-examined. I caught you in Lower Thames Street—the prosecutor showed me the wound about a minute after it was done.
By the COURT. He did not deny having stabbed him—he made no reply—a crowd assembled afterwards.
PHILIP TURNER . I am surgeon at Guy's Hospital—Washington was brought there on April 26th—he was suffering from a small punctured wound in the left buttock, about half-inch deep—it was not serious—it might have been caused by a pen-knife.
Cross-examined. It must have been caused by something sharp—a nail would have made a jagged wound.
Prisoner's statement before the Magistrate: "I was standing having my foots cleaned at the corner of Love Lane by the shoeblack. I saw George Washington come past and there were four or five chaps larking about with him. I went round to see what was the matter, and Washington said I had stabbed him. I said I had not done it, as I did not carry a knife, and that he had made a mistake."
Prisoners defence: I am quite innocent of this charge. I was having my boots greased ready to go home. There was a mob round George Washington, and I walked across, and he was showing the constable a wound—he said I had stabbed him. The constable said, "What have you got in your hand?" and I said, "Nothing."
GUILTY .—A conviction was proved against him of an assault on August 23rd in Love Lane, and numerous other convictions.— Four Months' Hard Labour.
NEW COURT.—Monday, May 16th, 1898.
Before Mr. Common Serjeant.
363. WILLIAM JOHN HIPKIN (47), to stealing, while employed in the Post Office, a packet containing a purse and 13s., the property of H. M. Postmaster General.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
364. ELIZA HENRIETTA DICKENSON (36) , to unlawfully obtaining £10 18s. from Henry James Sefton Robinson by false pretences; also, to stealing three cheque forms, the property of Mary Lucinda Browne; also, to three indictments for forging and uttering cheques for £19 18s., £25 18s., and £10 18s., having been convicted at Tunbridge Wells on July 24th, 1884.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]And
MR. PARTRIDGE Prosecuted.
ALEXANDER JARMAN . I am barman at the Catherine Wheel, St. James' Street—on March 15th in the afternoon I served the prisoner with half-a pint of ale, for which he paid with 1d.—after home time he asked for a penny cigar, and tendered a four shilling piece—I had doubts about it, but gave him the 3s. 11d. change—I put it separately, and after he had gone found it was bad—I went out and found him in King Street—I asked him to return me the money, which he did and 1d. for the cigar, and said that he was not aware it was bad—he asked me to give him the coin back—I refused and gave him in charge—the Magistrate dismissed the case.
ALFRED JOEL (193 C). On March 15th Mr. Jarman called me in King Street—the prisoner said, "I did not know the coin was bad. I went into a public-house last night drunk, and tendered a five-shilling piece, and they gave me this four-shilling piece," and at the station he made a statement about changing a half-sovereign—I took him into the Golden Lion and searched him, but found no bad money—he gave the name of Collins, and was discharged by the Magistrate.
BESSIE MABEL GODDARD . I am barmaid at the Albert Hotel, Victoria Street—on April 16th, about 8.40, the electric light went out, and we had to burn candles—the prisoner came in with another man, ordered two glasses of ale, and paid with a five-shilling piece—it was rather light
I tried it, and called Mr. Leo, the manager, and the prisoner was given into custody.
JOHN LEO . I am manager of the Albert Hotel—on April 15th the barmaid spoke down the tube—I went up, and she gave me this five-shilling piece—I went out without speaking to the prisoner, and' got a constable—I asked the prisoner if it was the coin—he said "Yes," and I gave him in custody—he then tendered a shilling, and I gave him a six-pence and fourpence.
JAMES PARTRIDGE (Policeman). Mr. Leo called me, and showed me a bad crown—the prisoner was there—I asked him if he had any more—he said no—I said, "Where did you get this?"—he said, "From a newspaper boy in Victoria Street"—he pulled out a shilling and said, "I will pay for what I have had"—I searched him and found a sixpence and 7 1/2d, in bronze.
The prisoner, in his statement before the Magistrate and in his defence, said that he did not know that the coins were bad.
GUILTY *.— Six Months' Hard Labour.
367. GORDON FLETCHER HEWITT (21) , Forging and uttering an order for £16 10s., with intent to defraud. The prisoner stated in the hearing of the JURY that he wished to PLEAD GUILTY, upon which they found a verdict of
GUILTY . There was another indictment against him for forgery.— Eighteen Months' Hard Labour.
OLD COURT.—Tuesday, May 17th, and
NEW COURT, Wednesday, May 18th, 1898.
Before Mr. Recorder.
368. MARCUS LEON (57) and JAMES BLUMENTHAL (40) , Unlawiully aiding and procuring Henry Strachan Pringle and others to obtain £241 6s. 9d. and other sums by false pretences from the Paris Banking Company and other banks. Other counts.—For obtaining: money by false pretences from Parr's and other banks; and for conspiracy to defraud.
MESSRS. CHARLES MATHEWS and HORACE AVORY Prosecuted;
LORD COLERIDGE and MR. HUTTON Defended.
ERNEST FREDERICK JULIUS BURCKHARDT . I live at East Dulwich—I am a marine insurance underwriter—up to March 1897, I carried on business at 9, Gracechurch Street, under the style of John Thorn and Company, marine insurance brokers and underwriters—that business was very successful—in 1894 I became connected with a patent for tile making, and went into a partnership in the name of the Self-Lock Roofing and Tile Company, and carried on that business till the beginning of 1897—it was made into a limited liability company—in 1896 I became embarrassed financially through it, in consequence of which I advertised in the Times for a partner with capital—in answer to which I received a letter from J. Blumenthal and Co.—in consequence of that letter I called at 19, Broad Street
Avenue—I saw both prisoners—I referred to the advertisement and said I wanted £5,000 to help me to develop the Self-Locking Roof Tile Company—I showed them circulars and papers, and the opinions of British architects, and told them of the success in the sales of the tiles on the Continent—I left the papers with them and they promised to let me know their reply in a few days—I received their letter of February 28th, 1895, which is a mistake and should be 1896, returning some of the papers, and saying it would not suit their friends—I heard no more till July, 1896, when in consequence of another letter I called at 19, Broad Street Avenue, and saw the defendants—Leon said it was a very good thing and he said most likely he could find a person who would interest himself in the development—he asked for more papers and said he would give me an answer—he could not do so then—I went again a fortnight after and saw Leon—he said he thought this same person was willing to take the matter up; that he had purchased a large and very good colliery at a very low price, and that he wanted £9,000 or £10,000 capital, and that if the business was put through I would have to advance the gentleman, to complete his purchase, £5,000—I did not like the idea, and I said so—Leon said the gentleman was in a very good position, only he had undertaken too many things, and, owing to them, he was short of money and could not realize without loss of what he had—I saw him again and he said the matter could be made perfect—he had heard from the gentleman whom he gave me to understand was in Scotland, and was a tile and terra-cotta manufacturer, a very large landowner with over 300 horses, and very valuable collieries, and was deriving a profit of £25 a week from one contract alone, and if he sold out £30,000 clear profit would be left, so that he was a very valuable man—he said I could make inquiries and proposed that I should draw bills for him to accept on the Clydesdale Bank at Wishaw, who would inform me that the gentleman was worth £20,000, half of the amount was to be handed to this gentleman, a Mr. Agnew, of Carluke, and half to me, against the purchase money—I was to pay half the money three days before the maturity of the bills—he inquired who were my bankers, and wanted to see my bank books—I had accounts at the National Bank, Limited, Old Broad Street, and the London Joint Stock Bank—I showed both pass-books to Leon—I next had an interview with him, Mr. Agnew was named, and we arranged the commission—the same day I signed this memorandum of September 21st, 1896, by which I agreed to pay Blumenthal and Co. £300 as consideration for the introduction to the firm who were to discount my acceptances, or assist me financially—I also signed the agreement of September 22nd to pay Blumenthal and Co. a commission of ten per cent, on the sale of my self-locking roof and tile machines, as well as on any tiles sold—on December 15th, 1896, I signed a further commission note on the same printed form, agreeing to pay Blumenthal and Co. a commission of £200, as consideration for the introduction to the firm—I drew four bills upon John Agnew, of Carlnke, on his return from Glasgow, when Agnew agreed to purchase 100 machines—Blumenthal told me he had gone to Scotland, and that he wanted more papers and samples—he said, "I have seen Agnew, and he is willing to enter into an agreement to take 100 machines off your hands at £100," or "£60,
with a royalty of £100 per annum"—I wrote the letter of September 21st, enclosing the four bills for £607 15s., £590 5s., £627 17s. 6d. and £609 2s. 6d., odd figures, but making an even total of £2,435—these bills were drawn in my office, but the figures wore given me by Leon, the £2,435 representing the value of forty machines at £60 plus packing expenses and cases—forty machines were to be sent to Agnew first—I said I would have them made ready and sent at once—I said, "If I have to discount these bills with my bankers what shall I say, they not having all been sent?"—he said, "Toucan tell your bankers they are for machines to be supplied, but do not leave the invoice in the hands of the bankers"—I had then this invoice, which on Leon's suggestion I had instructed my clerk (Goodchild) to draw—there is nothing to show whether they are sent—they are either sent or to be sent—there is nothing about "to be sent"—I discounted one bill at my bank—the National—one with John Brown and Co., and two with Mr. Salton, who is a witness—I produced the invoice at the time—I remitted half the proceeds in accordance with my agreement with Blumenthal and Co. for them to forward to Agnew—I believe they either deducted, or I had to give them a cheque for their £300 commission—I sent this letter to Agnew advising him of the discounting of the bills for £1,208 19s. 11d.—I received this receipt from Blumenthal and Go. of October 19th for that sum—about October 17th I received this type-written letter on the note-paper of the Euston Hotel from John Agnew (For six machines to be sent on trial)—I replied agreeing to that on October 22nd, stating: "It is understood that the machines sent on trial remain our property until the purchase is completed or confirmed, and we shall be glad if you will kindly confirm this in your next letter"—I wrote on November 7th agreeing to accept the letter of October 17th, as the basis of our agreement, and undertaking to send the six machines to Carluke, Agnew paying carriage to and fro—that answer was drafted because I said the terms were for 100 machines, of which forty were to be sent at once, and the answer was that I heed not be afraid that the contract would not be completed, that Agnew had his own reasons, and I wanted something in writing to snow that agreement—Leon said Agnew was in their hands—on December 16th, 1896, I sent six tile-making machines to Agnew—I inquired from time to time and heard that the factory was not ready for receiving the machines—those six were the only machines ever sent—when I came to Leon with Agnew's letter he said, "You need not take any notice of that; it is written by ourselves—I said, "It is dated from the hotel"—he said, "Oh, never mind, it is written from our own office"—then he dictated for me the draft answer to Agnew's letter—on January 29th, 1897, I wrote asking Agnew as a personal favour to send his acceptances for £600, the purchase price of the machines, and undertaking to refund the money if he should decide not to keep them—I mentioned Mr. Cliffe in that letter, who was Agnew's clerk, but who, I was told, was a timber merchant—I believe I saw him at Blumenthal's office that morning—I had seen him there before—Leon asked me to introduce him to my west end bankers for the purpose of discounting his own bills as a wood merchant—Agnew agreed to give me bills of exchange for £600—I wrote this letter of February 12th, undertaking; if he wished to return the machines to repay the £600—this transaction was
by the wish of the Limited Company then formed, to be kept distinct in the books—I drew additional bills upon Agnew in September, 1896, and March, 1897, which he accepted in the same way, and which I have discounted with my bankers and other people—they amount altogether to about £20,000 face value—half the proceeds were remitted to him—these proceeds were always sent through Blumeuthal—the amounts were always fixed by Leon—they were written on pieces of paper given to me, or to my clerk Butler, or communicated through the telephone—they were always for odd amounts, except two bills for £1,000 in December, 1896, in favour of Mr. Hockey—these five receipts (found among the papers at Blumenthal and Co.'s) are receipts to Blumenthal, who sent his receipts to me—they appear to be for half the proceeds of the bills—at maturity I provided my half of the bills—so that they were met up to March, 1897—after that I was unable to provide any more—neither did Agnew—the bills then current were dishonoured—Blumenthal and Co. introduced me to four or five other firms—in October or November, 1896, I gave them the second commission—among those firms were Freedom, Son and Co., who, I was told, were very large merchants, with stock worth over £20,000, and doing a very good business—another was Dewhurst and Co.—I paid Leon and Co. £200 in respect of each—they are all bankrupt—upon them I drew bills, which were accepted in the same way, for amounts with odd shillings and pence—no goods were supplied except the six machines to Agnew—I asked him, upon his introducing other firms, what I should say to the bankers if they should put the question what the bills were for—he said I was to say the bills were in the ordinary course of business, but he said, "Do not say they are trade bills"—he did not explain the difference—outside Agnew, the total would not be more than £2,400, if so much—I always sent the half proceeds through Blumenthal and Co.—about October, 1896, the National bank said they would rather the bills would run off before they took any more—I told Leon of that, and he said, "You must open another bank, in order to discount your bills"—he mentioned other banks—amongst them Armstrong's—in consequence of which I opened an account with that bank in the City—I discounted bills with Armstrong's from October, 1896, to February, 1897—in December, 1896, when they had two bills of Agnew's, they wanted to wait till the bills had run off—then, at Leon's suggestion, I opened an account with Brown, Jansen and Co., and transferred, I think, the whole of my balance from Armstrong's to them, £1,532—that was the proceeds of discounting bills and moneys I had received—I then discounted bills with Brown, Jansen and Co.—one bill was accepted by Freedom and Son, one by Agnew, and two by Dewhurst—Mr. Cooper, of Jansen's, asked me about a bill of Agnew's and a bill of Freedom's, and I told him I had a contract for 100 machines, and the bills were to be drawn against that, and others were drawn in the ordinary course of business—these five bills (Exhibits 32 to 36) I discounted with Mr. Salton and Mr. Noad—in remitting the half proceeds Leon told me not to insert the name of Blumenthal in the cheques, because the banks might easily trace where they came from, and the nature of the transactions that led to them, but to insert the name of my clerk, Butler, or my lady clerk, Boston—I wrote one cheque to Blumenthal and Co., and it was returned to me—all other cheques I made payable to Butler
or Boston, and sent them to Blumenthal and Co.—in January, 1897, Janseus wanted to wait till the bills had matured before they accepted any more—Leon said he had a good connection in his own land, and it would be well if I sent my bills to Amsterdam or Rotterdam, and have £300 in the branch office there, and make it look very nice, leaving small balances and drafts in England to send to those bankers, and Leon would send other bills of his own, and so discount something like £40,000 in the course of a year—when the bills matured the people would go to Jansen's or Amsterdam or Rotterdam—I said I could not do such business—in March, 1897, I heard of the sequestration of Agnew's affairs in Scotland—I thereupon wrote to Agnew, regretting it, and hoping the difficulty would be got over by the assistance of his friends, stating I was in the same position—that the bills were simply accommodation bills, although, given in contemplation of future transactions, and hoping Mr. Salton, through whom bills had been discounted, would see it in that light—on May 15th my petition in bankruptcy was filed—on July 28th I was adjudicated bankrupt with £9,451 of liabilities incurred since my introduction to Blumenthals, and only owing to that introduction—after my examination in bankruptcy I was charged at the Mansion House, with having obtained money on credit by lake pretences from bankers, and Salton and Lowe—I was committed for trial here, and on March 9th I pleaded guilty to "a technical offence"—(See Sessions Paper for March)—on that day I was called by telephone to the defendant's office, after I had left this court—Leon said the Court had taken a very mild and lenient view of the matter—I said, "Yes, but they might not take the same lenient view of what you have done "or" of your position"—Leon said, "Well, if a search warrant is issued nothing will be found in our offices to embarrass us"—before I left he proposed some insurance business, and said that was the reason why he called me there; he wanted to have the representation of some Continental companies—he also said, "I have seen my doctor, and he rather suggests I should go out of the country; my head has been bad."
Cross-examined. The gentleman who introduced the patent to me worked with me since August, 1894—in February, 1896, I bought him out—I consider the patent capable of great development—the defendants at the first interview said they had been dealing in patents—I received this, letter from the defendants of 28th February, 1896: "Bear Sir—We here with beg to return to you the papers left with us for perusal, and in reply to your inquiry, we beg to say that your proposal will not suit our clients"—that had to do with our conversation and not with the profits from working the machine—they declined my proposal, and after an interval of four or five months, asked for prospectuses, samples of tiles, as well as my pass books, which showed a turnover of about £100,000—by the printed agreement which I signed, commission ought not to have been payable in respect of further firms introduced, and I was left to make my own inquiries of the person introduced before the introduction was effected—the names of the firm's bankers were given to me, but I could only make enquiries through Blumenthals, their London agents—the letter I wrote to Agnew was drafted by Leon—I wrote in my own name, and writing in reply to letters addressed to me—I never took the invoice of the machines, nor a copy of it, to Mr. Hockey—I had arranged with
him for about eighty and forty were paid for in December, 1896, when the Tile Company had become a Limited Company—the delivery order to Hockey was in February, not December, 1890—Blumenthars suggestion of accommodation bill was novel to me—I had not done it before with Suart and Co., nor with Woodside of Belfast—I have assisted Woodside several times—I have not done it outside my own business—only in the Mineral Estates Corporation—I owed Suart and Co. on my bankruptcy about £10,000 for advances—I was asked by the Official Receiver to give evidence—I swore the information.
Re-examined. The Mineral Estates office was 2, Old Serjeants' Inn, Chancery Lane—this is Blumeuthal and Co.'s letter to Mr. Tippett, manager, asking him to make cheque payable to L. Boston for their remittance to Pringle and Co.—the bills I was asked to draw were for three or four months—at the date of Agnew's bankruptcy I believe I had drawn bills to the extent of £6,000, and the aggregate bills were £9,400, so far as I am concerned, I do not speak for him.
JOHN WHITTAKBR COOPER . I am a partner of Brown, Jansen and Co., bankers, 32, Abchurch Lane—on December 16th, 1896. an account was opened by Burckhardt in the name of John Thorl and Co. by the payment of £1,532 17s. 6d. cash—I produce a certified extract from our books—on December 18th he brought these bills for £883 14s. 6d. and £462 10s. for discount—he said they were commercial bills, and good bills—believing his statement and on the faith of a good report of himself the drawer, and of the acceptor, I caused to be placed to his credit £1,345 19s. 6d.—the bills ran their course, and were dishonoured—it then came to my knowledge that both acceptors had failed.
Cross-examined. Discounting bills is part of our business from which we look for profit—we make inquiries of bankers on the first transaction—we found with regard to Agnew they were satisfactory, or the bills would not have been discounted.
Re-examined. If we had known the bills were accommodation bills, and that the proceeds were to be divided between the drawer and acceptor, we should not have discounted them.
JAMES ALBERT SALTON . I am a bill broker, of 10, George Yard, Lombard Street, trading with another as J. A. Salton and Co.—in September, 1896, Burckhardt brought two bills to be discounted, accepted by John Agnew—he said they were for payment for machines for making tiles—I accepted that statement, and discounted the bills—they were met at maturity—in January, 1897, Burckhardt brought me this bill for £889 16s. 6d., and made the same statement—upon which I handed him these two cheques, dated January 4th, 1897, for £700 and £148 10s. 5d.—about January 8th he came with another bill for £435 7s. with the same acceptor's name, and made the same statement—believing it I gave him for them two cheques of £200 each—both were dishonoured at maturity—I went to Scotland to attend a meeting of creditors of John Agnew on March 24th, 1897.
Cross-examined. I inquired as to Agnew's position, he being the acceptor of the bills—I asked two bankers if he was good for £5,000—in both cases the inquiries were most satisfactory.
I was employed by Mr. Burckhardt, and under his instructions made out the invoice (f forty tile-making machines to Mr. Agnew—I handed it to Burckhardt, who, after some conversation between us, kept it—September 30th in the invoice book is the date when the liability would commence—usually the date of the sale or when the goods are dispatched—the date on the left (September 22nd) is the date when the invoice was made out—forty machines had not been supplied then—the six machines referred to in the invoice book of January 12th, 1897, were forwarded—I know of no others going.
Cross-examined. I have not seen Burckhardt since his examination, to-day—I put September 22nd, because I made out the invoice then, but I knew the machines had not gone—the company became a limited company about November, 1896—this invoice has the word "Limited" added, but that copy has been made subsequently—only about ten machines were taken over from Burckhardt by the limited company.
JOHN BUTLER . I am a clerk—I live at 105, Bailey's Lane, Tottenham—I was Mr. Burckhardt's confidential clerk—I was introduced by Marcus Leon in about September, 1896, and became aware of their transactions with Agnew and others about the beginning of October—there was telephonic communication between Burckhardt's and Blumenthal's offices—I often received messages, generally from Leon, as to the amount?, dates, and particulars, from which I drew the bills—Burckhardt would also come with slips of paper in his hand from Blumenthal's—I often attended at Blumenthal's office at 9, Broad Street Avenue—they would look the bills over which I took there, and I generally left them with them to be forwarded to other people—Burckhardt gave me the form of the bills in his writing, which was always used—Leon gave me instructions—a usual form of letter was sent with the bill by myself, generally signed by John Thorl and Go.—the body of this certificate of registration of November 14th, 1896, is my writing, as well as the particulars and dates of the bills—some of these letters are in Burckhardt's writing—in December, 1896, Burckhardt went to Germany, and was away over a week, till after Christmas—I reported to Leon all the business of Burckhardt's office during that time—that was in accordance with Burckhardt's orders before he left—I carried out those orders every day, and more than once in the day if the matter was important—this is my note of December 30th, 1896—I received instructions from Leon with regard to the bills referred to—on one occasion Leon said to Blumenthal, "My God, James, he has got it all down like a lawyer!"—directly afterwards Leon took me by the arm and said, "For God's sake, Butler, never keep a copy of writing in our business in connection with Burckhardt!" or words to that effect—these are the ordinary receipts given by Blumenthal to Burckhardt (receipts produced for half the amounts of tike acceptances).
THOMAS WILLIAM NOAD . I am an insurance broker, of 9, Fenchurch Avenue, trading, with others, as Charles Taylor and Co.—I remember Burckhardt bringing this bill accepted by Agnew in September or October, 1896—he said he was selling Agnew a lot of machines of the Tile Making Company, and this was for 100 machines—he produced an invoice for a number of machines—believing the genuineness of his representations, I discounted the bill—that was met at maturity—in
January, 1897, he brought me this further bill for £619 17s. 6d.—he said he was selling Agnew more machines—in consequence of that statement I gave him a cheque for £605 12s. 7d.—that bill was dishonoured.
JOHN WILLIAM ANDERSON BELL . I am a chartered accountant in the employ of Thompson, Jackson, Galway, and Taylor, of 24, George Square, Glasgow, trustees in the sequestration of John Agnew, of Carluke, on December 4th, 1897—I produce a number of letters from Burckhardt, Thorl, and Co. to Agnew, which were found amongst Agnew's papers.
WILLIAM HAWES BUTLER . I am the son of John Butler—I live at Tottenham—I am a clerk—in November, 1891, I was engaged as office boy by Marcus Leon, of 67, Broad Street Avenue, bill broker and financial agent—I went to Blumenthal's office in 1891—there was telephonic communication between the two offices—in 1892 Leon moved downstairs in the same building—Blumenthal moved from Finsbury Circus and at 84, Oxford Street the telephonic communication was preserved—after six or nine months I wrote the correspondence—Leon answered advertisements and advertised to people wanting working capital—he received a commission for introducing one person to another for the purpose of discounting bills—in 1892 he began at £25 for the introduction—Blumenthal did the same business—in 1894 Leon joined Blumenthal at 84, Oxford Street, as J. Blumenthal and Co.—in 1895 they removed to Broad Street Avenue, where they remained as Blumenthal and Co. up to December, 1896—I have often seen Solomon Grant there—he is another son-in-law of Leon—Grant was in business in Liverpool when I first heard of him, but he came to 27, Broad Street Avenue, and a company was formed, viz., "S. Grant, Limited"—the offices were opposite Blumenthal's—Leon conducted the business of S. Grant, Limited—I was in that office sometimes—I received instrnctions from Leon in that business, and wrote letters on paper of S. Grant, Limited, in Blumenthal's office—there was a rubber stamp there of that firm—there was correspondence between S. Grant, Limited, and John Agnew in March, 1896—I wrote some of the letters—Agnew paid considerable sums in commissions—I know of no regular account books of Blumenthal and Co.—there were" Where is it?" books like that produced, containing names and addresses—there was also a lady clerk, Miss Boston—I was the typewriter—a "Where is it?" book would last about two months—the whole of the business was done at Blumerthal' office—cheques for the proceeds of discounting bills were made payable in my or Miss Boston's name—I took the cheques to the bank—I remember instances of cheques coining with the acceptor's name as the payee—they were returned to be drawn in other names—I have seen at the office Pringle, Howard, and Burckhardt—I typed this letter dated from the Euston Hotel, London, October 17tb, 1896, in Blumenthal's office—John Agnew signed it in the office—he was saying at that hotel, and brought the papers—the defendants were present—this letter is Leon's writing (signed "Pringle and Co.')—I remained in this employment till August 19th, 1897.
Cross-examined. In all cases Blumenthal and Co. required a banker's reference—the name of the customers might be struck out of the book
but still used again later on—when the name is struck out on both sides there would be no more business—there were files on which documents were put.
GEORGE INGLIS BOYLE . I am a messenger in the Record Office of the Bankruptcy Court—I produce files of bankruptcy proceedings in the matters of Max Benjamin Schumen, Marcus Leon, Leon Brothers and Co., and Ferdinand Despostes—on January 21st, 1873, Leon, then trading as Max Benjamin Schumen, is described as a merchant shipper, and his gross liabilities were put at £40,000—his second bankruptcy was on July 22nd, 1887, as Marcus Leon, with liabilities of £1,881—his third bankruptcy was on November 9th, 1888, with liabilities of £511—his assets were 5s. 8d.—he is still undischarged.
HENRY STRACHAN PEINGLE . I am an accountants clerk—I now live at Fulham—up to July, 1895, I carried on business as an asbestos manufacturer, at St. Leonard's Works, Bromley-by-Bow—in 1894 I was interested in a patent which led to embarrassment—in October, 1894, I called at 19, Broad Street Avenue, and saw Blumenthal—we conversed about the patent, and he said he did not care about patents, but he would see his partner, Mr. Leon"—I called again within a day or two, and saw both defendants—Leon said if on inquiry they found matters satisfactory they would be able to introduce me to a friend to draw bills on mutual terms—each party was to take half the proceeds—I was to pay £25 for each introduction—upon his asking me I told him I banked at the National Bank—I showed him my pass book—Leon looked at it, and said it was satisfactory—I then signed this commission note:—"St. Leonard's Asbestos Works, Bromley-by-Bow, R, October 25th, 1894—Messrs. J. Blumenthal and Co., London—Dear Sir,—We hereby agree to pay to you £25 sterling commission as a consideration for introducing to us a firm who would discount either our own acceptance or otherwise assist us financially, and such payment shall be in full discharge of all future transactions with such firm. It is to be understood that such commission shall only be payable to you in the event of our entertaining and having commenced the transaction, and before doing business with any firm introduced by you we shall make our own inquiries as to their standing; and it is further understood that although you receive a commission from the firm you introduce to us we shall consider you acting in the capacity of agents, holding you free from any liability.—Yours respectfully, PEINGLE AND Co."—(stamped 6d.)—Leon took from his pocket a little book of names—he read some names and said, "Pointon and Company would suit me very well to draw upon," and asked me to get a bill stamp—I got two—bills were drawn for odd amounts, as he said they would appear to be genuine trade bills—and if the bankers asked me I was to state they were for goods supplied—Blumenthal broke in with, "If you do not care to tell them that, tell them they are for value"—I did object at first—I next received a letter from them enclosing bills accepted by Pointon and Co.—I discounted one at the National Bank, of which Mr. Collins is the manager, for £243 11s., and the other at Parr's for £241 6s. 9d—this is my letter to Pointon and Co., giving details for the division of the proceeds of discounting—I sent Blumenthal's my cheque for £238 2s, 1d.—the bills were post dated November 8th and
15th—the cheques were drawn in fictitious names, which Blumenthal gave me, stating the object was that the bankers should not know the nature of the transaction—about November 9th I got another bill accepted for, £138 12s. 9d. by the Ford Lloyd Manufacturing Company—that I discounted at the National Bank—I then wrote these letters in Blumenthal's office, Leon dictating the wording (of November 12th, enclosing cheque for £68 2s, 5d., half proceeds for Ford Lloyds, and November 16th: "I have this day received my cheque from you and given you in exchange for same a cheque drawn by the Adamant Stone and Paving Company, Limited, the payment of which I guarantee ")—the bills were dishonoured—my cheques were made out to Butler and Boston—towards the end of November the banks said they were full up, and I told the defendants—we discussed the way of meeting that, and arranged to open an account at the North Western Bank in Liverpool—I said I had no money to open an account with—Leon said, "Leave that to me; I will find the money"—I arranged to go to Liverpool, where I met Leon at the Midland Hotel—he got two promissory notes from me, one in favour of S. Grant for £110, and one in favour of F. Barnett for £155—I also got cheques from Grant and Barnett, which I cashed at Grant's bank—with those proceeds I opened an account at the North-Western Bank at Liverpool—Leon introduced me to Barnett as a bill discounter I believe—I saw Grant at the hotel with Leon—he was the secretary of the Globe Furnishing Company in Liverpool—then bills were put forward for discounting—one of December 4th for £157 8s. 6d.—the usual course was pursued—I wrote this letter from Blumenthal's office forwarding cheque for £77 14s. 3d. and acknowledging acceptance—the cheque was drawn in the name of Payne—the bill was dishonoured at maturity—on December 5th, 1894, I paid Blumenthal and Co. further commissions for introductions to other firms—bills were drawn, accepted, and dishonoured to the extent of £5,000—I paid Blumenthal and Co. altogether for commissions £750 or £800, including £100 in Glasgow—bills of two firms were met out of about a dozen firms to whom they introduced me, and I had to go into the Bankruptcy Court.
Cross-examined. I made inquiries—I believe the banks made inquiries—they were not told the bills were accommodation bills—I believe Burden' bills were dishonoured—I do not suggest Blumenthal's suggested the plan as a novelty to me—I do not suggest anything—I simply state facts.
Re-examined. Burden's name was given to me by a third party—I did not know him before that.
ALFRED LEDLAED . I am manager Parr's Bank, Limited, Stratford Branch—in 1894 Pringle opened an account—on November 2nd he brought two bills for discounting—one is for £249 6s. 9d.—he said they were ordinary trade bills—I advanced him £225 on the two bills—it was placed to his credit—he drew against it in a day or two—the bills were dishonoured—the acceptors were Pointon and Co., Limited.
Cross-examined. Pringle made no special representation with each bill—he gave me a list of bills, shortly after he opened the account in May, 1894—I saw him several times.
Re-examined. Pointon and Co.'s name was on the list.
ALEXANDER GORDON BROWN . I am the manager of the North-Western Branch at Liverpool of the London and Midland Bank, which was called the North-Western Bank up to 1894—in November, 1894, Pringle opened an account—I saw him when he brought the first or second bill for discounting—in conversation he led me to understand they were trade bills in connection with his business in London of asbestos packing, and that he was going to open a branch in Liverpool—he discounted the six bills produced with us on the same understanding that they were trade bills—they were dishonoured—of the £157 8s. 6d., £137 13s. 6d. has been recovered from Robert Owen—Widdowes, Howard, and Co., coal merchants, had an account at our bank—I received from Mr. Howard a number of bills for discount—among them two in January, 1895, for £217 3s. 2d., accepted by D. G. Graham, and £258 16s. by W. J. Waddell—both were dishonoured—I assumed they were trade bills, nothing else would be acceptable—on one occasion I wanted to know the nature of what appeared a peculiar bill, as it was connected with wine, and not coal—I forget his answer, but it was satisfactory.
Cross-examined. We invariably make inquiries with regard to accepting bills—for an old customer we should probably discount a bill, and then inquire—the Globe Company had an account—they did not become insolvent—I understood Mr. Grant introduced Pringle, but it was a mistake, he assured me he did not—it was not necessary for me to see Pringle—he opened the account with a considerable Bum placed to his credit.
Re-examined. I know nothing of S. Grant, Limited—I understood it was Mr. J. R. Grant who introduced Pringle—he is a member of a very respectable firm—I would have 'given great credence to anything he said.
JOHN HOARR COLLINS . I am now retired—in 1894-5 I was manager of the Goswell Road Branch of the National Bank, Limited, when Pringle had an account there—I discounted bills for him—the first time I asked him what it was for—he said it was for asbestos steam packing—I inspected his works at Bromley-by-Bow afterwards, and entered thoroughly into the discount business with him—I discounted the six bills produced—I understood they were for value received in merchandise—they were all dishonoured.
Cross-examined. I inspected Pringle's works about the end of 1894—that was after I had discounted the bills—my inquiries were satisfactory.
JOHN HOWARD . I am a merchant, of 9, Chapel Walk, Liverpool—in 1893 I was a partner in the firm of Widdowes. Howard, and Co., of Liverpool and South Wales, colliery proprietors and coal merchants—in 1893 I answered an advertisement in the Colliery Guardian to "Discount, 54, New Oxford Street"—I read this reply of August 2nd, 1893 (from Blumenthal and Co., 84, Oxford Street, financial agents, asking far means of inquiries or pass book) I answered that and received this loiter of August 10th (declining unless they nerved the name of bankers)—nothing further happened till December 14th, when I received this letter (referring to former correspondence and suggesting introduction to Agnew and payment of a commission)—that was followed by meeting Blumenthal at my office in Liverpool—he said he would introduce names
and we could draw or accept bills and divide the proceeds between the drawer and the acceptor, at the time of discount, who could fail three days before the maturity of the bill—I was surprised at the suggestion and was rather diffident about doing it, but he assured me there was no danger, that it was quite safe in every respect, and quite a common thing to be done—I accepted that statement and signed this commission note of January 1sf, 1894. agreeing to pay £25 for the introduction—on January 4th I received this letter from Blumenthal and Co. (suggesting a firm in Liverpool)—after further correspondence, Leon called upon me in Liverpool—he produced bills on Hutchinsons, of Dundee, which he asked me to accept and said Hutchinsons would get them discounted and remit half the proceeds—I made inquiries through a trade society—Hutchinsons were reported to be people of good standing—I believed the statements and accepted two bills prepared by Leon which were discounted by Hutchinson in Dundee—at the same time I drew two other bills on Brock and Son, of Bristol, who accepted them and they were discounted—Leon said he had to be careful in recommending not to mention the full amount as the bank might think they were not good for £1,000—Leon came several times—I was extremely uneasy and spoke to him about it—he said if inquiries were made by the bank, I was to say they were trade bills—I arranged with both the defendants, who suggested I should make the cheques payable in other names, so that they should not be traced by the bank—Leon gave me the name of L. Boston—I discounted bills drawn and accepted in this way with the North Western Bank at Liverpool, and with the Mold branch of the National and Provincial Bank—in all Leon and Blumenthal introduced about twenty-five names for me to draw upon—bills were in this way put in circulation to the amount of about £50,000—the bills were paid in in the ordinary way as trade bills—I signed these agreements and paid in commissions £12 10s., £50, and the various amounts stated for introductions to customers—I had one transaction with Pringle, in which the solicitor was pressing Pringle to return bills which he had obtained from me—I had accepted them, and the proceeds had not been remitted to me—I ascertained they had gone to Barnett and Co., of Liverpool—Canning Street, I think—who had stuck to them—among the bills I discounted I was one for £258 16s., accepted by W. J. Waddell in the spring of 1895; one was accepted by Brock and Son, to which my letter to Blumenthal and Co., of February 1st, 1894, refers in which I state: "We beg now to hand you cheque value £202 9s. 6d. and £67 6s. 6d., two £100 notes, postal order payable J. B. and Co., £6 Us. 11d., total £476 10s. 11d. for you to pass on to Messrs. Brock and Son with the statement enclosed for them. You will notice that one cheque is your own. We prefer not to pass it through our bank, as they might know your business, and it would not suit any of us. Please ask B. and Son to send receipt for this"—that was the half proceeds which I was sending to Blumenthal and Co.—"One cheque is your own" refers to a cheque they had sent me in another transaction which I returned in this—the bills referred to were for £483 4s. 6d. and £484 7s. 6d.—the average discount is 5 per cent, but for a good trade bill 3 1/2 per cent.—these seven bills were some which I discounted at the "Mold branch of the National Provincial
Bank—about twenty of the twenty-five names introduced to me became bankrupt—I became bankrupt in October, 1895—at that time I was liable for about £9,000 on these accommodation bills alone—I received this letter of April 4th from Blumenthal and Co. (requesting remittance to be made out to L. Boston, and return the bill not discounted)—I wrote them this letter of May 18th, 1894 (stating: "We note what you say and wait further news, hoping for good results financially. We have yours re Mr. Bailey and new North Lees wood Colliery, and cannot quite see our way to do this, as we have already discounted one of his bills where we would have to make this bill payable, and it would tell a tale," etc.)—that passage refers to bills of the description produced—I hesitated to discount a bill where the same party was a drawer—prior to my communications with Blumenthal and Co. I had never discounted nor been party to an accommodation bill.
Cross-examined. I did not advertise—I saw the advertisement—I did not want it known that we wanted the money ourselves—I was not going to tell them so at first—I wanted the money for the colliery—I did not send the pass-book—the defendants told us to say the bills were trade bills after we had discounted some—that was not the first conversation about the banks—we were free to continue negotiation with the person introduced without extra charge—I was concerned with bills to the extent of £50,000—they were not all dishonoured—in the majority of cases we started with two bills for £400 to £500 each—the commission payable would be as to about £20,000 roughly—I have said the first transaction did not exceed £6,000 to £8,000, but reckoning it up I think it would be much more—the commission would be nearly £600—the amount of the bill had nothing to do with the commission—the majority of bills Blumenthal and Co. had nothing to do with—I proceeded to draw bills independently of them—they were also for odd amounts—I cannot say whom the remittances were made payable to, but it is not likely I should make them payable to the acceptor—if I had an ordinary cheque in the office I should send that on, or if I had cash I should remit it—I was examined in bankruptcy—I did not mention the defendant's suggestion of these were trade bills that I remember.
Re-examined. My first accommodation bill transaction was through Blumenthal and Co.—the first suggestion of drawing for odd amounts was from Leon, I think, but one of the defendants—I asked them why should not the bills be drawn for even amounts, and they said it looked more like business to have them for even amounts—I had been in business for some time prior to 1893, in a good position, and Mayor of my town—on the introduction to Blumenthal and Co. in nineteen months I came down.
WILLIAM HENRY RICHARD MACDONALD JOHNSON . I am manager of the branch of the National Provincial Bank of England, Limited, at Mold, Flintshire—the new North Leeswood Colliery Company had an account With us in 1894—John Howard, the last witness, was the managing director of that colliery company—in consequence of believing Howard's representation that his firm of Widdowes, Howard and Co. were the sole gents for the sale of that company's coal, and thatall bills passed by them were for value or for coal sold on behalf of the colliery, we discounted
seven bills amounting to about £1,500—they were all dishonoured—in May, 1895, the colliery went into liquidation, Howard and Co., bee me bankrupt, and a Receiver was appointed.
WALTER OUTRAM (Detective Inspector, City). On March 25th last I received two warrants for the arrest of the defendants—on 26th I saw them at 19, Broad Street Avenue—I said to Leon, "Are you Marcus Leon?"—he said, "Yes"—I said to Blumenthal, "Are you James Blumenthal?"—he said, "Yes"—I was with another officer—I said, "We are police officers, I hold warrants for the arrest of both of you"—I read the warrant—Leon said, "I don't understand this; we do nothing wrong. Who took out the warrants against us?"—I said, "The Public Prosecutor"—Blumenthal also said, "I do not understand it"—they were taken to the station, where Leon repeated that he did not understand it, and that they had done nothing wrong—I went back to their officer, and took possession of a number of letters and other things I found there, which I handed to Mr. Egerton Grey, the Assistant Official Receiver.
EGERTON SPENCER GREY . I am Assistant Official Receiver at the Bankruptcy Court, Carey Street—I have received a number of papers taken by the last witness from the office of Blumenthal and Co., including the exhibits in this case—I have made them, as well as the circumstances of the case, the subject of special examination—the files of Leon's bankruptcy have been produced—on the first petition, January 21st, 1873, he paid a dividend of 3d. in the pound, which in mistake in my deposition I put at 2 1/2d., on £140,000; on the second, of July 22nd, 1887, 2d. in the pound on £1,881; on the third, of November 9th, 1888, his liabilities were £511, and assets 5s. 6d.—from that bankruptcy he has never been discharged—I found in the office commission notes with over 300 persons—I have traced the commercial career of some of them—about 140 have either become bankrupt or have made private arrangements with their creditors—I found no books beyond these small "Where is it? books—I found two rough balance-sheets, which show a division of profits of two-thirds to Leon and one-third to Blumenthal—the account shows the charge for commission is over £5,000 in this one "Where is it?" book (produced)—I found books containing hundreds of newspaper advertisements from people wanting financial assistance, but mostly for partners—I found correspondence relating to advertisements of Blumenthal and Co., offering financial assistance, and arranging to discount merchants' bills, and so on—also receipts for advertisements amounting to from £30 to £40 a month, 1896, being much bigger in amounts than 1895; papers relating to S. Grant, Limited, registered, I think, in January, 1895—I examined the register—the two directors were Leon and Blumenthal, and S. Grant was the chairman, and subsequently Leon and Blumenthal became liquidators in April, 1895—the members of the company were the names of the wives and daughters and so on of the defendants—Agnew was the first brought into communication with S. Grant, Limited—the earlier agreements were with S. Grant, Limited—there is no trace of the sale of more than six machines by Burckhardt to Agnew—there is a lot of correspondence with Blumenthal and Co., a statement of Agnew's affairs in bankruptcy showing the amount outstanding at the date of his failure to be over £44,500—from the exhibits I find Agnew's payments
for commission to S. Grant, Limited, and Blumethal and Co., increased from £25, to £200, £300, and up to £1,000, on 3rd December, 1896—the correspondence included the names of Agnew, Cliff, Burden, F. Barnett, Thrutchley Bros., and others—Agnew is financed to the extent of £20,000—the Mineral Estates Corporation, which went into liquidation, had transactions with Blumenthal and Co. to the amount of £130,000 in bills—Blumenthal was an undischarged bankrupt—Agnew banked at the Clydesdale Bank—Mr. Thompson was their agent at Wishaw.
Cross-examined. I could not say if all the commissions in the "Where is it?" book have been paid—the book is dated June 15th, 1896, and marked "M. L."—only a few of them are dated—I cannot give you the next in order of date—I have one dated March, 1896, marked "J. B." and another of June, 1896—I produce a receipt book with counterfoils—they are mostly for introductions—I have not calculated whether £4,473 would approximately represent the receipts for the introductions from June, 1896, to March, 1897—I find only part of them here.
Re-examined. It is difficult to put the exact value of accommodation bills brought into existence through Blumenthal and Co., but it cannot be less than two or three millions since 1892; in the cases I have investigated it came to over half a million, and these are only six out of 600.
Leon was permitted, with the consent of his Counsel, to read a statement alleging that misfortune had been the reason of hit failure, but he wished to exonerate his son-in-law (Blumenthal) from all blame, and concluded, "I can explain the documents your Lordship has in your possession."
GUILTY .—LEON was stated to have been convicted as Marcus Schuman in Hamburg in 1886 and sentenced to nine months; he subsequently changed his name to Leon. Upon second count (obtaining by false pretences £225 from Parr's Bank, Limited)— Five Years' Penal Servitude, and on the fourth count (obtaining by false pretences from the National Bank, Limited, £243 11s.)— Three Years' Penal Servitude. BLUMENTHAL.—Second Count: Four Years' Penal Servitude; Fourth Count. Two Years' Penal Servitude. The sentences to be consecutive.
MESSRS. MARSHALL HALL and GUY STEPHENSON Prosecuted.
HENHY JOHN HAYNES . I am a solicitor and commissioner for oaths, with offices at 5, West Street, Finsbury—I swore E. Freethy to this affidavit, and the truth of the matters contained in it on March 7th last.
Cross-examined by the Prisoner. I do not know your writing.
By the COURT. I do not know whether the prisoner is the man—this affidavit was sworn before me by somebody purporting to bear that name.
HENRY READ . I am deputy clerk to the Central Criminal Court—I produce order made by Mr. Justice Phillimore in chambers, dated January 17th, 1898—it gives permission to the applicant to prefer a bill of indictment for perjury against William James Farmer, subject to the conditions that Farmer had notice of the order and the affidavit within four days—the procedure is very unusual, and has not occurred for thirty-five years
so far as I know—the duty of the clerk of the indictments is to require proper proof that the condition of the order has been complied with—this affidavit was brought with the order as it is now—it purports to be signed by "E. Freethy"—it has been filed in accordance with the requirements. of the Court.
WILLIAM JAMES FARMER . I was called by a Mr. Heywood in a case in—the Mayor's Court—an application was made to prosecute for perjury, which I have heard was refused—I left England on January 7th, 1898, for Madeira, and returned to Southampton on 29th—I was at my office in the course of that day—I am a Brazilian merchant, carrying on business at Eastcheap—I was not served with this notice—on February 1st I was served by the prisoner with a writ in connection with a charge of conspiracy, arising out of proceedings in the Mayor's Court—when I came back to England my clerk (Robert Kennard) showed me some papers served upon him in my absence—on April 4th Freethy called to serve me with a subpoena in some bankruptcy proceedings—that was after a conversation with a Mr. Coton—Freethy said, "I served you with some papers," referring to a Judge's order and five affidavits—I said, "No," and that I was not in England—he said, "I served some one"—I said, "You gave the papers to Kennard"—he said, "I did not see that gentleman"—I called Kennard forward, and he said, "I see how it is. You keep away and keep a man to impersonate you"—I had instructed my clerk to take notes of what passed, and he was engaged in that operation—Kennard identified Freethy as the man who had served him in January.
Cross-examined. I never saw you that I know of till you served me with a writ—there is a lobby and a light in the room beyond it—that is the entrance to my clerk's office—I was served with a writ in my private-office, which is the lightest of three rooms.
ROBERT KENNARD . I am clerk to Mr. Farmer—on January 20th, just before 2 p.m., Freethy called—I was sitting in the inner office conducting, affairs when he walked in—he must have lifted the flap—he said, "Is Mr. Farmer in?"—I replied "No"—he said, "Will he be in to-day?"—I said, "No"—he said, "Will he be in this week?"—I said, "No"—then he said, "Will he be in within a reasonable time, within 200 years?"—I said, "Don't talk nonsense. What do you want?"—he said, "I come by order of the High Court of Justice, and I am not to be played with," and he gave me a letter from Mr. Budden, a solicitor, showing me an order and five documents—the letter is: "My clerk will serve you with copy of order of Mr. Justice Phillimore and documents," etc.—he gave me those documents, and, turning to go, said, "I shall make an affidavit that you said "you are Mr. Farmer"—I was absolutely astounded, and said, "Well, if you do so, you will be committing perjury; he is not here, and he is not in this country"—he said, "Well, I shall make the affidavit that you did say so"—I went to lunch, and then to Mr. Farmer's solicitor—I was present on February 1st when Freethy served Mr. Farmer with a writ in the inner office—also on April 4th, when, at Mr. Farmer's request, I took notes of what was said in the lobby.
The portion of the accused's statement before the Magistrate relied on by the prosecution was: "It was nearly five o'clock, getting dusk, and my
eye-sight was bad. I saw a gentleman sitting at a desk in an arm-chair. I said, 'Mr. Farmer?' He said, "Yes; what! more papers?' I gave them to him, and had no conversation, and left. The first time I ever knew I had not served Mr. Farmer personally was when Mr. Coton informed me of it about March 16th."
The defence was that he was the victim of impersonation, and that he believed he had effected service of the notice.
NOT GUILTY .
The prisoner withdrew his plea and PLEADED GUILTY . There was another indictment for similar offences. It was stated that the prisoner had brought a considerable amount of business to his employers, and was paying bad debts which he had made, out of their moneys, but the knowledge of this was denied by the firm's cashier.— Nine Months' Hard Labour.
371. VICTOR DE LA COOMBE (40) PLEADED GUILTY to feloniously marrying Florence Gordon during the lifetime of his wife. He was further indicted, with FLORENCE GORDON (38) , for conspiracy with other persons to obtain by false pretences from Joseph John Austin £30. Other counts for similar offences.
MESSRS. BODKIN and ARTHUR GILL Prosecuted.
JOSEPH JOHN AUSTIN . I live at 4, Mayfield Road, Ponder's End—I am a chef—I answered an advertisement in the Daily Telegraph for a manager and caterer for a restaurant, and in consequence of a reply I called at 53, York Street—I saw the male prisoner, who said he was about to open two premises, one in High Street, Bloomsbury, as a restaurant and hotel, and he wanted a manager and caterer—the terms were contained in the letter, and were one-third of the profits—the security required was £30, as he said I should have money pass through my hands, and he would be away from the business; and that he had several other applicants, but he thought I should suit him—I said I wanted time—I afterwards called and paid him £5—I got his receipt—subsequently I got a letter, in consequence of which I called again and paid £25, and got this receipt (containing the words: "to be returned on his leaving my service ")—I was to commence duties on March 25th, and to meet him the following Sunday after my payment to view the premises—I was put off through three letters (One stated: "My wife is ill in bed"; another, that "Mother was ill," and another from Mrs. Gordon stating that "Her husband was ill")—I never saw the premises—I replied that I was very sorry, but would endeavour to see Mr. Gordon (Coombe) the following Sunday—I called, but did not see either of the prisoners—I never got any part of my money back—I was never employed by either of the prisoners—when I parted with my money I believed they were starting business, and were going to employ me.
Cross-examined by COOMBE. You mentioned about bringing kitchen utensils, but not that that delayed going over the premises—I did not believe you intended to defraud me at the time—I have that belief now.
JOHN JAMES . I live at 29, Foley Street—I am a club steward—I answered an advertisement in the Daily Telegraph and in consequence of a reply I went to 53, York Street, I got this reply (Stating that the Gordons, the prisoners, were about to open two houses, one on March 25th, and they wanted someone to take entire control, and required £30 security, signed "Leon Gordon" and marked "Important")—I went to York Street and saw the male prisoner—he said he was about to open the two houses and wanted to know which one I liked—one was in High Street, Blooms bury, the other somewhere in Regent Street—he wanted a manager—there were a great many applications—he said, "What about security?"—I said, "You name £30"—he said, "That is not sufficient. I have seen a man who offered £100, but I do not want so much as that; let us say £50"—I said, "I do not mind, provided I get the berth and it is all right"—he showed me a lease like this (produced) of 53, High Street—I paid £5 and have the receipt—he went upstairs and brought it down signed (This was for £5 part of a deposit of £50)—I was to commence duties on March 15th, when I was to pay the balance—he wanted it then, about March 4th or 5th—I had to go to Leicester—I wrote him that I was obliged to go out of town, but would let him know my whereabouts—I was to see him when I came back, but he was taken to Holloway—I next saw him at the Police-court—the female took no part in the conversation—she appeared to be his wife—he said he had had a restaurant in the Strand and had sold it to his manager, who had been with him eight years, the whole time he had been there, and he promised to take me round and introduce me, but it never came off.
Cross-examined by Coombe. I paid you on the Saturday—my mother died and I wrote you when she was taken ill—I said I should keep the appointment as soon as I could.
ALBERT HARVEY . I live at 4, Clive Street, Leeds—I am an hotel manager—about February 25th I saw an advertisement in the Daily Telegraph—I wrote to the address, 53, Montague Street—I received this reply written in a female hand—(Stating that the husband, who had been called away, was about to open two small hotels or restaurants, and required a manager and caterer; he would require cash security of £50; he would have a third share of the profits, which would realise about £40 a week, and that the services would commence on March 31st)—I next received two letters making an appointment at Euston-station, and undertaking to pay my fare and expenses—I came up to Euston and waited—no one came—I went to the house—I saw the female—she said her husband had met with an accident the night before in the Strand, and was then in Guy's Hospital—she said I should suit, and asked about the security—I said that was all right, but I would like to see the premises—she said she was upset about her husband having been run over, and could not go into it, but it was 41, High Street, Bloomsbury, and she would send me the particulars—the next day I went, and asked her why she had not sent them, and for my fare and expenses—she said through her husband not being able to get out of the hospital she had not any money—I said it was not the correct thing, and she should have let me know at the time—she gave me half-a sovereign—I wrote again asking about the engagement and for more particulars—I did not get any answer—I consulted a solicitor.
EMIL LIFETREE . I live at 68, Fallbridge Road, West Hampstead—I am landlord of 43, High Street, Bloomsbury—the male prisoner came to our office in the name of Gordon, and said he wanted the house as a private hotel—I asked for references, and said the rent was £200—he wrote on this paper "E. G. Watkins, V. de Is Coombe and Thomas Tiley"—I wrote to the three addresses, and received replies one from "Florence de la Coombe"—I acted upon them by giving my solicitor instructions to prepare this agreement, which is stamped and signed by me—it gives the option of a fourteen years' lease at £200 and £250 per annum—Mr. Watkins, in his letter, suggested the joining of Mrs. Gordon in the agreement—I mentioned it to the male prisoner, and he agreed—he never took possession no rent was paid—the premises have not been opened by him—I believed the three references were genuine when I caused that agreement to be handed over.
EDWIN GROVER WATKINS . I am a solicitor practising at 6, South Square, Gray's Inn—De is Coombe was introduced to me by a client of mine towards the close of December last—I saw Coombe first with reference to 69, High Holborn—I gave him advice, in consequence of which the keys were returned and he ceased to have anything further to do with them—about December 24th Coombe said he was thinking of taking other premises as a restaurant, and that he intended to use the name of Gordon, as it was well known in London and a good name for reference—I received an application for a reference—I said, before I answered the letter, he must state what his means were—he said his wife was entitled to money under a will, and he would bring the will to show me—he brought me an official copy from Somerset House—it contained a legacy of £250 to Mrs. Storey—he said there was some difficulty in getting the money through there being other beneficiaries—I suggested she should join in the lease—then I wrote saying I had no hesitation in recommending him—I received £15 from the prisoners—out of that I paid the costs of the lease, £11 10s., and kept the balance—I gave a similar reference to Robins, Snell and Gore—the business went off; the female stating they could not come to terms, although they had offered to pay £500 down—I also gave a reference to Mr. Garnett—I gave those references, believing the prisoners' statements, and that they were in a position to pay the rent.
THOMAS TILEY . I live at 114, Cloudesley Road, Islington—I am a wine buyer—about five years ago I became acquainted with the prisoners as Mr. and Mrs. De la Coombe—I have no knowledge of these two letters—the other two are mine—(Four references)—I afterwards found out they had the names of Neville, Gordon, and Lee—I sent one reference to Mr. Neville because Coombe asked me—I did not think it curious, because they had other names.
GEORGE CECIL STONE . I am a clerk of Robins, Snell and Gore, 205, Wardour Street—they are agents for 41 and 42, High Street, Bloomsbury—about Christmas Coombe called and asked for particulars as to No. 41—I gave him an order to view the premises—he came back and made an offer, giving me the name of Leon Gordon, and an address in York Street, Baker Street—he said he had lately returned from Paris—he said he wanted to open the premises as a restaurant—he offered
£350 per annum—he preferred a yearly agreement, but if not he would take a lease—he referred me, and I wrote to Watkins, Tiley, and De la Coombe—I received these replies—the owners refused the offer.
SUSANNA WOODMAN . I live at 6, Crompton Street, Paddington—last October the male prisoner took a furnished room at 6s. 6d. a week—he gave the name of Victor de la Coombe—he said his wife was staying at Margate—some days afterwards the female prisoner joined him—they lived there from October to Christmas, 1897, as De la Coombe—they did no work.
CATHERINE GOBELL . I am the landlady of 53, York Street, Portland Square—prisoners occupied a room in that house at 6s. 6d. a week from Christmas to March last—the man looked out for business—a good many people called.
JULIA ADA SHORT . I am a widow, of 24, Park Street, Gloucester Gate—I keep a confectioner's shop—in November last I took in several letters for the female prisoner in the name of Neville—the police came—from instructions I gave them back to the postman—no one has lived there named Neville.
SAMUEL DAVIDS . I am one of the firm of S. H. Davids and Co., auctioneers and house agents, of 4, Bigge Street—about October 24th, the male prisoner came and said he wanted a house for a restaurant—he offered £250 on a seven, fourteen, or twenty-one years' lease—he gave his name as Neville, and as a reference Mr. de la Coombe, solicitor, Margate—my solicitor, Mr. Garnett, wrote—the premises were not let—he said he had been recently travelling with his wife on the Continent for pleasure.
EDWARD WILLIAM GARNETT . I am a solicitor, practising at Savoy Mansions, Savoy Street—I act for the mortgagees of 4, Bigge Street, Regent Street—I received a letter from Messrs. Davids, in consequence of which I wrote to the reference, and received this reply from a Mr. de la Coombe (stating;" Re Mr. Neville, I can with confidence recommend my client," and "We have acted for him for several years" and written on paper with a printed heading, "Mr. de la Coombe, Solicitor and Commissioner for Oaths ")—the premises were not let.
PERCY LIONEL POCOCK . I am a commercial traveller, of 13, Hurlingham Road, Fulham—I saw the male prisoner write this signature, "Victor de la Coombe"—I saw the female prisoner write this signature, "Florence de la Coombe"—these exhibits are in one or other of the prisoners' writing.
WILLIAM PEARCE (Detective, H). About ten a.m. on March 10th I saw the male prisoner in York Street, Portman Square—another officer and I took him into custody—he was brought to the station and charged with frauds on the prosecutors—we addressed him as Mr. Gordon—I said, "I believe you to be Victor de la Coombe; I have a warrant for your arrest"—he said, "You have made a mistake. I do not know what you mean."
warrant for her arrest—she said, "All right"—on the way to the station she said, "My name is not Florence Gordon. My proper name is Storey. Victor de la Coombe is not my husband, but I have been living with him a long time. Watkins, my solicitor, will have to get me out of this, or I shall put him in it. He has never seen me in his life yet. He gave a reference to Lifetree. I gave him three £5 notes for doing it. Tiley knows something about it. The letters were written by me, but I wrote them back-handed"—she handed me a cloak-room ticket of Baker Street station—I went there and found a trunk with a number of documents including some of the exhibits—I searched the "Roll of Attorneys" at the Law Society—I found no name of V. de la Coombe on the roll—in the "Law List" I found Maxwell de la Coombe in Dorsetshire, but no one of that name in Margate.
The Prisoners' statements before the Magistrate were—De la Coombe says: "I am not guilty of false pretences. I took these premises with the thorough legal intention of opening them as an hotel and restaurant. Therefore, not being always there, I advertised for a manager to take my place, with security, not being able to take possession until March 25th. I was apprehended on March 10th. I could not go in to do business and arrange preparations for opening. My intentions were thoroughly legal and genuine."—Florence Gordon says: "I am not guilty of any intent? to defraud."
De la Coombe, in his defence, read a statement to the effect that he had lived unhappily with his wife and had held good situations, but had left her, and made an effort to live with the prisoner by means of the businesses he had attempted to establish.
GUILTY .—They then PLEADED GUILTY to a conviction at Clerkenwell in June, 1894, Coombe in the name of Victor Securable, and Gordon in the name of Florence Securable (for keeping a brothel). COOMBE— Eighteen Months Hard Labour, and concurrent sentences of Three Months for the bigamy and Six Months for the larceny.—GORDON— Twelve Months' Hard Labour.
NEW COURT.—Tuesday, May 17th, 1898.
Before Mr. Common Serjeant.
MR. H. AVORY, for the prosecution, offered no evidence.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
MR. KYP Prosecuted, and MR. ROUTH Defended.
CHARLES RESTALL . I am a carpenter and joiner, of 13, Caledonian Street, King's Cross—on the evening of April 11th I was in the Lord Keith—I called for some refreshment—there was nobody in the bar then, but when I got the refreshment I was hustled by two men—one man is undergoing sentence, and the prisoner is the other—my watch chain was broken by Price (See April Sessions, page 445)—I did not want any bother and left the house walking with my stick under my arm—I had not gone far, when I was hit on the head with a stick, and my eye was cut open—I did not loose consciousness directly—the prisoner sat on my legs—the last things I remember is the prisoner wrenching the stick from me and he kicked me—I recognise his face as that of the man I saw in the public-house—I went to the Police-station, and reported the case—I lost my watch and chain and stick, and about 1s. 10d. in cash—when I got up there was not a soul near—I next saw the prisoner on May 6th at John Street-station, and identified him from five other men—I recognised him at once—I now say he is the man.
Cross-examined. I was certain on that night—I don't think I said when I identified him, "I could almost swear to him"—I can swear he is one of the men who was there—he robbed me of my stick—I wear glasses occasionally—my sight is defective—I can read and work without glasses I did not have them on in the public-house, or when the struggle took pace—I had never seen the prisoner before to my knowledge—there was nothing particular by which I could describe him—the only description I could give was that he was much shorter that 5 feet 10 ins., and that he had a small moustache—the struggle did not last more than two or three minutes—I was partially unconscious—there was only the prisoner, and Price and myself—Price was arrested the same night and tried here.
Re-examined. I am short-sighted, and cannot see very well at a distance, but I should not put on my glasses to see anybody close to me—I did not think it necessary to put my glasses on in the public-house—when I said: "I can almost swear to him," I meant with regard to the robbery—I cannot say anything as to the assault—I swear he was there.
by MR. ROUTH, There were about five people at the inspector's desk—when I identified the prisoner he was standing about two feet from it—I did not say before the Magistrate that he was not placed amongst other men, but put straight into the dock and shown to me—I did not say that I was hardly sure of him—he was not in the dock when I went in—none of the other men resembled him at all—I went to the Royal Free Hospital, and was treated as an out-patient for about ten days—I was unable to go to work—I have now quite recovered.
By MR. KYD. The prisoner was standing behind the inspector's chair—I cannot say what part he took in the assault—I identified him at once as being present.
CHARLES PERCIVAL ALLCROFT . I am a publican, of 7, Durveston Street—on April 11th, about 11 p.m., I was at the top of the street, about twenty yards from my house, going up to the Lord Keith—I saw the prosecutor on the ground, and Price and Orris on top of him rifling
his pockets—they looked up and saw me, and said: "Here is the governor of the Jerry" and one man went through the mews and the prisoner crossed the road behind me; I saw no more of him that night—it is not far from Baker Street—I went for a constable—I knew him well as a customer.
Cross-examined. I cannot say if I said a word about his coming behind me before to-day—I told the police, but I do not know whether I told the Magistrate—if I did not it slipped my memory—I said at the Police-court that I was looking at their hands and not at their heads—one man was on one side of the prosecutor and one on the other, stooping over, the prosecutor—directly they saw me they decamped—I gave a description to Constable Wheeler—I did not see the description given by the prosecutor—the prisoner was arrested a month after—I did not see any other witness there—I did not cry, "Stop thief!"—I did not arrest him because I knew him so well, and knew his name—I went to the constable—I am not a bigger man than he is, he is about 5 ft. 7 ins. or 8 ins., and I am not 5 ft. 7 ins.—I gave information to the police—I knew his father and his brother and his wife—I had no difficulty in picking him out.
FREDERICK WHEELER (249 D). I arrested the prisoner on jfcfay 6th at 29, Upper Park Place, Marylebone—I told him I should arrest him for being concerned with Frederick James Price, in custody, for stealing from a man a walking-stick, a watch and chain, and some money, and assaulting him on April 11th—he replied, "I know nothing about it"—I took him to the station—I was present when Restall identified him from five or six other men.
Cross-examined. It would not be true to say that he was standing two fret away from the other men, he was mixed up with them; he was placed there for identification—on being arrested he denied having had anything to do with it—I did not hear the prosecutor say, "I can almost swear to him"—he put his glasses on, and said, "That is him"—the other men did not resemble him, they were all differently dressed, brought out of the street.
The Prisoner's statement before the Magistrate: "When I was charged I was not placed among other men. I was placed straight in the clock, and shown to the prosecutor. He said at first he was hardly sure about me. He was half drunk. The constable took him into the yard, and then he said he was almost sure I was the man."
GUILTY .**— Twelve Months' Hard Labour.
MR. LAWLESS Prosecuted, and MR. PURCELL Defended.
MICHAEL JOHN ADAMS . I am staying at present at Stockwell Park Road—on April 21st I was a little the worse for drink—early in that morning I was in the Euston Road—Kate Watson was with me—a man suddenly made a snatch at my chain—I don't know who it was—I found my hand was cut—I buttoned up my coat, and had hardly recovered when the prisoner rushed across from the other side of the road and cried out, "Who has got it" and tried to put his hand inside my waistcoat—I held.
him, and he kicked me on the shin, and we fell, and I fell on him—I still held him—the police came up—he did not get away—I went to the station—I missed my chain and a silver match box—the bar of the chain has been picked up since.
Cross-examined. This occurred about one o'clock—I cannot say if it was close upon two—I had been to a place of entertainment—I was not more than slightly the worse for drink, not much the worse—a man I cannot recognise snatched at my chain—the prisoner came up and seized me by the throat—I am sure it was the prisoner, I have always been positive—I said next morning, "I believe Johnson is the man who seized me by the collar and threw me down"—swearing and believing are much the same—I swear he is the man—I had never seen him before—I kept him till the policeman came—we were lying on the ground.
KATE WATSON . I live at 12, Nelson's Place, Broad Street, Bloomsbury, and am the wife of John Watson—on the night of April 21st I was in the Euston Road with the prosecutor—there were six men, and one in a light coat took the gentleman by the throat and said, "You are the one I want"—he gave me a blow on the right side of my head and took a ring off my finger—my little girl screamed out, "Mamma, are you hurt?"—the police came up—I cannot say if the prisoner was one of the men.
Cross-examined. It was between one and two—I was walking by the side of the prosecutor—there were several men there, they ran off after—when the police came up there was a man there with a crutch named. Greary, who was charged, and then the prisoner was charged.
By the COURT. I cannot say how long I had been in Adams' company—he was sober—we had been to a music-hall—we left when it closed, about twelve o'clock.
THOMAS CLARKE (240 Y). About 1.40 on the night of April 22nd I was with Saxby in the Euston Road—I heard cries of "Police"—we ran in the direction, and saw Adams and the prisoner and a third man struggling in the road—somebody called out, "Halloa! police!"—they ran away, but left Adams and the prisoner struggling together—I asked Adams what was the matter—something was said, and I followed the prisoner, who had rejoined the other three—I told them that they had stolen a watch-chain, and asked them if they would come to the station with me; they said they would—in Charlton Street the prisoner got behind—he said, "All right, governor, I am only going to make water"—he ran down the passage—I caught him and brought him back—he became very violent; he knocked ray helmet off, and struck me on my face—two of the other men got away—I detained this one—another constable came up and took Greary to the station, and both were charged—I picked up a bar of a chain near where the struggle took place—one of men wore a light brown overcoat; he got away.
Cross-examined. It would not be true to say that when I got up to the prosecutor they were both lying on the ground, or that I took the prisoner off the prosecutor, or that the prosecutor had still got hold of the prisoner—as I approached they left—the lady came up at the time—she said at the Police-court, "That is not the man who took the chain," and "I don't know which it was, there were so many of them."
WILLIAM SAXBY (332 F). On the morning of April 22nd I was with Clarke in Euston Road—I heard cries and we ran in the direction—I saw the prisoner, three other men, and the prosecutor struggling on the foot-way—someone called out, "Halloa, Police!"—three men walked away, leaving the prisoner and the prosecutor struggling together—the prisoner wrenched himself away from the prosecutor, and walked away—I went after him without losing sight of him, and told him that the prosecutor accused him of stealing his chain—he became violent, and the other men got away.
Cross-examined. There were three officers there—Greary was arrested on the way to the station—when we heard the alarm we were twenty or thirty yards off—it was 1.50 a.m.—it would not be correct to say that I picked the prisoner off the prosecutor—I do not know if they saw us, there was nothing to prevent them—Adams had had more drink than was good for him.
Prisoner's statement before the Magistrate. I stopped at a coffee stall, and walked from Seymour Street to the corner of Charlton Street, and there met three men, who asked me the way to Euston. Whilst I was talking to them Greary came up, and I talked to him; a constable came up, and said that a gentleman had been robbed; and asked us to go to the station. Greary said he would go as a witness for me. He came down voluntarily, and they put him in the dock, and charged him.
GUILTY . He then PLEADED GUILTY to a conviction at Marylebone on May 27th, 1896, and several other convictions were proved against him.— Seven Years' Penal Servitude.
MR. RAVEN Prosecuted, and MR. BIRON Defended.
The Common Serjeant considered that there was no case to go to the JURY.
NOT GUILTY .
MR. RAVEN offered no evidence.
NOT GUILTY .
MR. LAWLESS Prosecuted.
FLORENCE LOUISAN . I am the wife of George Louisan, of 53, Grosvenor Road, Lewisham—we both came home on the night of April 17th, and saw that the landing window and the doors were shut, and fastened in the ordinary way—next morning a communication was made to me, and I found the landing window wide open—we sent for the police—we missed various silver stands and knives and forks, and this kettle (produced)—the value of all the property was about £7 15s.—the house was entered by the landing
window, they had to pull the top down—they got on to the out-house first—these are the only things we have recovered yet.
HENRY FANCOURT . I am a butcher, of 27, Essex Road—I was in the Meat Market—Bonner is a licensed porter there—in April I had some conversation with him about this prosecution, and on April 22nd I went to his house in Bloomfield Street, Kingsland Road—I saw him and Smith, who I had seen once before—I went again in the evening—Hunt and Smith were there, Bonner was not—Smith said they had some stuff—they showed me some knives, forks, spoons, and other articles—they asked me if I knew a man who would buy them—they did not say where they got them—I thought Smith was a dealer—I went to a public-house in the Euston Road with him to see a friend of mine—we showed him the things, we took them with us—he would not buy them—we asked £2 for the lot—the next day I took the kettle to the Meat Market—I sold it to a man, whose name I don't know, for 7s. 6d., and 6d. for a chain of my own—I went back to Bonner's and saw all three prisoners—I went upstairs—Bonner was in bed, and I gave him the money—he asked me if I had sold the kettle, and I said "Yes"—the others were listening—Bonner handed the money to Smith—there were also five dessert spoons, a fish-server, two dessert-forks, three butter-knives, a jam-spoon, egg-spoons, three napkin-rings, two salt-spoons, one tea-spoon, and two pickle-forks—those were not sold for 8s., only the kettle.
Cross-examined by Bonner. I gave you the money—you came down in the morning to see if I had sold the things—you sometimes came to me in the Meat Market—you have worked for me.
by the COURT. I have worked with him on several occasions—he has a wife and family of three.
Cross-examined by Smith. You went with me to Euston Road to sell the stuff—I am not telling a lie—the property was not found in my house—Iwas convicted four years ago for getting into bad company.
CHARLES JEWELL . I am a dealer, of 31. Cornwallis Road, Walthamstow—I have got six stalls in Farringdon Road—on April 10th I found on one of my stalls these six knives and two forks—they had been left with one of my men—when I came back about an hour after, Hunt came and claimed them—he asked me to give him 5s. for them—I said they were not worth that to me—I offered him 3s.
WALTER ROBERTS (Policeman, J). On May 8th at one a.m. I went to 88, Bloomsbury Street—I saw Hunt, and told him he would be charged with stealing this property—he said, "I did not take them"—at his house he said, "You dirty tyke, what have you worked up for me? this man you first took can tell you all about them if he likes."
Cross-examined by Hunt. You did not tell me that you knew nothing about the crime—you did not say that I had been watching the place for weeks and weeks.
Cross-examined by Smith You said you were not guilty of this.
my house"—I said, "Who?"—he said "Smith, he shared part of my bed"—he said he had not committed any burglary, and he had done wrong in attempting to get rid of the property for him—that property was the watch and chain—he did not mention the rest of the property.
Hunt's defence: I have only seen the property once, and that was when it was brought into the place. From then till now I have not seen it. I was living at Bonner's place two nights when this happened and how it was got I don't know. I was charged with being concerned. I don't know anything about it. I did not know that it was sold.
Smith produced a written defence, stating that he had never seen the "stuff" in his life before, and had not asked Fancourt to set it, and that there was a plan between Roberts and Fancourt to get him locked up again. Jonner produced a written defence, stating that Hunt recommended Smith to him, and lie had agreed to let him stay at his place; but he did not know what he really was or he would not have had him, he thought he was a glass blower. That on May 5th he (Smith) gave Bonner a watch and chain, Bonner asked him where fie got it, but he said, "Never mind; sell it for yourself" that he also gave him a pair of bracelets, which he told for 6d., and the watch and chain for 6s., that on May 7th the police arrested Smith and told Bonner what Smith was, when he (Bonner) gave the police all the help he could, and went to the station with a detective, and was there told he would be charged with being in unlawful possession of the watch and chain; that he was a dupe of Smith, and did not know that the things had been stolen.
BONNER— NOT GUILTY .
SMITH**— GUILTY — Fifteen Months Hard Labour.
HUNT**— GUILTY — Eighteen Months' Hard Labour.
JULIA COHEN . I am the wife of Joseph Cohen, of 18, Sandringham Road—on May 4th I found the house had been broken into—I missed a watch and chain and two bracelets, value 30s.—the watch and chain have not been found.
HENRY FANCOURT . I live at 22, Essex Road—on May 5th Bonner gave me these two bracelets and this watch (produced)—I sold the watch for six shillings—I gave Bonner the money next morning—the bracelets I took home, I thought they were his property—he did not say where he got them—I got them on May 1st or 2nd; I said in my deposition the 5th, I correct that now.
Cross-examined by the Prisoner. I sold the watch and chain for six shillings for you—the bracelets you gave me for myself.
MAX MANAKLBON . I am a cabinet maker, of 65, Richmond Road, Dais ton, about half a mile from Sandringham Road—on May 5th I found my house had been broken into—I missed a watch and chain worth 15s.—they got in through the back.
in having the man (Smith) in my house"—he said he had done wrong in trying to get rid of the property, and that the bracelets were given him with the watch by Smith, and that he sold them for him.
Cross-examined. You said you received them from Smith, and that you sold them for him.
NOT GUILTY .
MR. LAWLESS offered no evidence against Wilson.
NOT GUILTY .
OLD COURT.—Wednesday, May 18th, 1898.
Before Mr. Justice Hawkins.
(For the case of J. W. Sands, tried this day, see Kent cases.)
THIRD COURT.—Wednesday, May 18th, 1898.
Before Mr. Common Serjeant.
WADMAN PLEADED GUILTY .
MR. R. A. SMITH Prosecuted.
JAMES PHILLIPS . I am a fishmonger, of 14, Park Road, Leytonstone—on Saturday morning, April 14th, I left my pony and cart outride the Custom House with a whip, and five sacks and three boxes of herrings in it—one man has 100 or 150 carts to look after—I was away a quarter of an hour, and when I came back my horse and cart were gone—I next saw it at Rotherhithe Police-station—the sacks and whip were there, but no herrings—I know the prisoner; I saw him that night in custody.
ABTHUR ROBERTS (248 M). On April 28th I was on duty in Rotherhithe at 1.30, and saw the prisoners in a cart—Ball was driving it furiously—I tried to stop him, but could not—I afterwards saw the pony and cart out-side Rotherhithe Station, and found that it had been stolen—I saw Ball at 5.30 at the Red Lion, and said that I should arrest him for being with another man, and stealing a horse and cart from the City—he said, "May I be paralysed, Jim, I know nothing about it"—he knew me—he said, "I met a man in Rotherhithe Street, he asked me to have a ride, I got up in the cart, he said he had three boxes, and was going over to Deptford to see whether he could get the horse and cart in"—meaning to sell it.
Cross-examined by Ball. It was you two prisoners who I saw in the cart, not your brother and Wadman—your brother is not like Wadman—I should not be likely to mistake them.
By the COURT. There was a name and address on the cart—I do not know whether the prisoners can read—Ball had been drinking.
milk-cart—he was drunk—Ball was not there—I took Wadman into custody—he resisted very much—he was charged with stealing the horse and cart, and the prosecutor identified them—Wadman was handed over to the City Police.
Ball's defence: It was my brother and I who were in this cart for some time. We did not know it was stolen. I saw this man coming over the bridge between eleven and twelve o'clock. He said, "Will you come for a ride?" I had nothing to do, and went with him, and my brother got in with me. The man got out, and said that we could have the cart for the day, and go out. I said that we had better go up and ask what he paid for it. My brother came down and said that he was asleep. I went up, but could make nothing out of him. We took the cart to the City Road. I said, "You had better go and ask him again. "I went up and shook him, but could not make him answer. Presently he got up and said, "What is the matter? I will take the thing back. "He gave us a drink and said, "Are you going to take it away?" I said, No" He said, "I suppose I can do the same with it as I did with the fish."
Evidence for Ball.
WILLIAM WADMAN (The prisoner). I have pleaded guilty to stealing this cart—it was outside a public-house unattended—I got into it and drove away—I do not know what I was going to do with it, I was in drink—Ball is perfectly innocent—if I had had any intention of stealing the cart I should not have driven round home, where I was known—I do not know anything about the fish, I saw nothing when I got into the cart.
BALL— NOT GUILTY .
WADMAN— Nine Months' Hard Labour.
MR. KERSHAW Prosecuted, MR. COHEN appeared for Bryan, and
MR. BURNIE for Stanton.
By the advice of their Counsel the prisoners stated that they were
GUILTY of robbery without violence.
GUILTY of robbery only.
STANTON † then PLEADED GUILTY to a conviction at Clerkenwell in January, 1891; three other convictions were proved against him and two against
BRYAN.— Eighteen Months' Hard Labour each.
JOHN BISHOP . I am a bootmaker, of Lancaster Road, Enfield—on April 29th, about 2.20 p.m., I was with my wife in the Hackney Road, near the corner of Diss Street—the three prisoners came round me, and
Clapp snatched at my watch chain; he got a portion of it, and a spade guinea—I have not recovered them—they were worth £5—I went after him, and the other two followed me, and when I got to the end of the street they tripped me, and Burkett gave me a tremendous blow on my eye—I did not fall, I recovered myself and saw a constable—the prisoners were then out of sight—I saw Wood next day at the Police court with six or seven others and picked him out—I saw the other two on the following Monday mixed with other people, and picked them both out—it was a severe blow, I could not see for three days, and had to go to a doctor, and it is very weak now—I am certain about Wood, and I still think the same about the others.
SAMUEL NEALE (213 H). On April 29th I was in Hackney Road, near Diss Street, and saw the three prisoners running together and a crowd following them—I ran towards them—Burkett and Clapp turned back and ran together—that was about twenty yards from where the prosecutor was knocked down—I followed Wood, but lost him—I knew him by sight, and the other two also—I saw them together on the 3rd, about 5.30 p.m., at Commercial Street Buildings, with seven or eight others, and picked them out without hesitation—when I saw them they were running towards me.
WILLIAM TILLEY (433 H). On April 29th, about 1.45, I was in Hackney Road, about ten yards from Diss Street, and saw the three prisoners, with several others, forming one party—they passed out of sight, and I heard that night that there had been a robbery.
Cross-examined by Wood. I knew you before, and I recognised you.
THOMAS SMART (Detective H). I arrested Burkett on a description, on May 3rd—I told him it was on suspicion of assaulting and robbing a gentleman in Hackney Road on the 23rd—he said, "Don't make a mistake, Smart"—I was present at the station when Bishop picked him out from seven or eight other men—he did not say then who it was who struck him in the eye.
FRANK BEVIS (Detective H). I saw Wood in Bethnal Green Road, and as he answered the description I had, I told him the charge—he made no reply, but at the station he said, "When was this? I was not out all day yesterday till eight o'clock in the evening"—I also arrested Clapp—he made no reply—I was present when Bishop identified him, and said that he had been struck on the eye, I understood him to say, by Wood.
Evidence for Wood's defence.
CATHERINE KELLY . I live at Serle Street, Bethnal Green, where Wood lodged with his mother—last Friday fortnight, April 29th, he was in bed all day, he did not get up at all—I saw him in bed about dinner time, and about four o'clock he got out of bed and washed himself under the tap.
Cross-examined. I said before the Magistrate that I saw Wood go out about ten minutes to eight that Friday evening—I did not say anything about his being in bed, because I was not asked; I did not know I had to say so much as that—I mean last Friday week—it was on the Friday when he was taken in the evening that I saw him in bed—he went out at
ten minutes to eight—I know the time because I was watching for my husband at the window—I do not know if it is a mistake if a policeman says that he took him up in the street at 7.30—they have two rooms—I am friendly with his mother—it was between one and two that I saw him in bed—I have never been in the room before when he was in bed, and should not have gone in then, but I went in to speak to his mother—I saw him again about four o'clock—what happened, between two and four o'clock I do not know.
ANNIE WOOD . Wood was in bed all day on this day, and did not go out till ten minutes to eight—I did not ask him what he was stopping in bed for—he had no doctor—he does not often stop in bed all day—he went to bed the night before at 10.30—he was not oat at 2.30.
Evidence for Clapp's defence.
LOUISA BARBER . Clapp is my grandson—on Friday, April 29th, about three o'clock he came to my place in Bethnal Green, which is about three-quarters of a mile from Diss Street, and wanted to borrow sixpence, but I had not got it, and offered him twopence or threepence—I made him a cup of tea, and he stayed till 3 or 3.30, when he went to a pawn-shop.
Cross-examined. I said at the Police-court that he went to the pawn-shop at three o'clock—he called at 1.25, and I told the Magistrate so—I had to make up my mind about the sixpence, because I rather valued the thing I lent him—he has done that before—he was not gone more than five minutes.
Burkett's defence: I was not there at the time of the robbery.
GUILTY of robbery only .
WOOD and BURKETT then PLEADED GUILTY to previous convictions; Wood at Worship Street on July 19th, 1897, and Burkett at the Thames Police-court on December 17th, 1896. Other convictions were proved against them, and one against Clapp.
WOOD— Three Years' Penal Servitude.
BURKETT— Eighteen Months' Hard Labour.
CLAPP— Fifteen Months' Hard Labour.
MR. BODKIN Prosecuted.
NOT GUILTY .
NEW COURT.—Thursday, May 19th, 1898,
Before Mr. Recorder.
(For the case of James Brill and John McAndrew, tried this day, see Kent cases).
THIRD COURT, Thursday, May 19th, and
NEW COURT, Thursday, Friday, and Saturday, May 19th, 20th, and 21st, 1898.
Before Mr. Common Serjeant.
388. WILLIAM WILKINSON (57), ALBERT WILLIAM WILSON (46), HUGH WILSON (17), FRANCIS JOSEPH FIETH (47), CHARLES HANIK (47), FRANCIS JOSEPH WILKINS (39), and CHARLES MAIN (46) , Unlawfully conspiring to obtain from Hugh Maxwell and others a quantity of metal boxes and other goods by false pretences. Other Counts, for obtaining goods and credit under false pretences.
MESSRS. J. C. MATHEWS, BODKIN, and PERCIYAL E. CLARKE Prosecuted, and MR. BURNIK Defended Main.
HKNRY RUSTON . I am chief clerk to Mr. Harry Marlow, Excelsior Works, Dudley—I took over the business from Sproston's in August, 1896—I received this letter from the TyPan Tea Company, 13, Carysfort Road, Stoke Newington, club caterers, stating that a client wanted a catalogue—I sent a catalogue to G. and A. Dyae—I received this order for twelve bedsteads, giving as a reference R. H. Vosper, 9, Mincing Lane—I wrote to Vosper, from whom I got this reply on paper with a telegraphic address, "Defia, London," that transactions had been entirely satisfactory—I supplied the goods—I received this acknowledgment of September 5th, 1896, and a further order, which I did not execute—I next got a letter pressing us to deliver—I replied that our usual custom on first transactions was to ask for a cheque before sending the goods, but we had made an exception in their case, and asking for a remittance—the answer was Dyas and Co.'s letter, stating that they had given us a reference, and expected usual terms—I never was paid—I never saw the goods again—£11 11s. 2d. was the trade price, including carriage.
Cross-examined by Wilkins. We should not send out goods without proper inquiry—in your case we had a reference—upon the faith of Vosper's reference we sent the goods—I had no doubt of its being a genuine transaction till I got no reply to our asking for payment—our terms of discount are five per cent, monthly—the same as Birmingham.
FREDERICK JOHN DAVENPORT . I am a salesman in the bed and bed-stead department of Crisp and Co., of Seven Sisters Road, grocers and store-keepers—I have been there five years—early in September, 1896, I bought some bedsteads from a design submitted to me by a man I do not recognise—I made the price—he gave the name of Wilson or Hanik—I believe the name was Wilson—I do not think he gave any name—there were two lots—he gave no addres—this is my signature (Referring to his deposition)—yes, he gave the name of Dyas and Co.—I bought six bedsteads at three guineas—this is the receipt—the man was paid at the counting house—the goods were delivered into my department, and have since been sold—I believe they were delivered in straw, as they come from the manufacturers—I am first salesman—I took it for granted the man came from a respectable firm—on September 9th I bought six more bedsteads from designs for £4 10s. from the same man—I bought two better bed-steads a long time ago for £7 13s.—I should not know the man again if I
saw him—the "set" mentioned on the invoice means the head, foot, and frame, but no bedding.
Cross-examined by Wilkins. They were not damaged, only in transit—nothing was said about their being damaged—we often buy bedsteads on designs—they are paid for through the counting-house—I was buyer pro. tern.—they were packed in straw.
HARRY DAINTRY . I live at 1, Alkham Road, Stoke Newington—I was a traveller for Rowley and Davies, tea merchants, 27, Mincing Lane—I recognise Wilkins and A. W. Wilson, as G. and A. Dyas, of Carysfort Road—my firm supplied them with tea to the value of about £37—they were not paid to my knowledge—it was in connection with that transaction I met the prisoners.
Cross-examined by A. W. Wilson. I saw you about three times—I did not know Dyas's office—I went to Carysfort Road—I saw you in the passage—at the top of the stairs—I addressed you as Mr. Dyas.
Cross-examined by Wilkins. I generally saw you when I called—you had a room up-stairs with a lot of odd canisters knocking about—a dozen or so—very likely 300 or 400—it is a long time ago—perhaps there was a cash-box, and everything appertaining to an office—there were a few wines and spirits, cigars, pickles, and bill files—it had the general appearance of a business place to a certain extent—you told me there was a ware-house—I believed there was—we made inquiries—I have not got the reports—I had a reference—I do not think it was from Vosper—I went to Mincing Lane two or three times—I saw his name on the door.
Re-examined. I saw bedsteads and Typan tea—Vesper's name was painted on the left of the bottom door of 9, Mincing Lane—the tea was sold to the Ty-pan Tea Company in September, 1896—this reference of September 2nd helps to fix the date—the weights of cases of tea vary—as a rule they are 112 lbs.
JAMES SWAFFIELD . I am a buyer for Messrs. Crisp—on September 10th, 1896, I bought 300 lbs. of tea from Dyas and Co. through their representative, the prisoner, A. W. Wilson, for £16 5s., or 1s. 1d. per lb. it was retailed at 1s. 6d.
Cross-examined by Wilkins. I do not recognise you as the seller—I did not buy several lots—I am the only buyer for that department.
GEORGE GOGNEY . I live at 57, Gloucester Crescent, Regent's Park—in September, 1896, I was manager of the French Lascila Coffee Company—in October, 1896, I was introduced to Wilkinson—I appointed him commission agent for the company at 10s. a week and 10 per cent, commission—we got orders and the customers paid, but I never received the money—on December 5th I got an order from him from Cook Brothers, 67, Aldersgate Street, in consequence of which I supplied six dozen cases of coffee to the value of £7 9s. 8d.—I was never paid—on January 11th I had an order from him from Hening for six dozen cases, value £5 12s.—I made inquiries about Hening at 4, Hercules Road—I supplied the goods—in January I got an order from C. Main, of Stone Avenue, Loughborough Junction, for six dozen cases, value £5 1s. 5d.—I supplied those—I was never paid—towards the end of January I got an order from F. J. Wilkins, 13, Crutched Briars, for coffee to the value of £6 18s.—on January 20th I wrote
Wilkinson for information about Wilkins—I wrote again, and stated that I did not deliver the goods as the references were not satisfactory—the next order was from Vosper, on January 26th, for goods value £5 6s.—I made inquiries—I did not supply them—I also declined to supply goods to W. O. Clarke, of 9, Mincing Lane—I discharged Wilkinson about March, 1897—I went twice to Cook Brothers, 67, Aldersgate Street—I could not get in—I saw a paper notice on the door for letters to be put in the box—the office was on the first floor—I wrote to Wilkinson—I considered the account was lost—I had called his attention to it in February.
Cross-examined by Wilkinson. No one paid—Adams, Webster and Company paid the first few shillings, because it was cash on delivery—you received money, but I never got a farthing—you sent me about thirty customers—I prosecuted you for embezzlement about twelve month ago—I do not understand why the Magistrate discharged you—there was a contra account.
JAMES SWAFFIELD (Re-examined). I remember Hanik offering some Lascila coffee—I refused it—I said we had sufficient coffee in stock—I had seen him before, and taught curry powder, bottled fruits, and other things from him—he came as Hanik, an agent—he was paid at the counting-house.
Cross-examined by Hanik. I knew you as an agent years ago—always as Hanik.
JAMES CLEVELAND . I am assistant to Mr. Laurence, pawnbroker, 27, Seven Sisters' Road—on January 1st, 1897, Hanik pledged eleven cases of Lascila coffee in the name of Seyd for £8—he gave his address as 37, Castle Road, Kentish Town—the goods were redeemed by somebody else.
Cross-examined by Hanik, I knew you for many years as Seyd.
MR. BURNIE here stated that by his advice MAIN would PLEAD GUILTY to the conspiracy count.
SARAH KABSLAKE . I am married—I have lived at 37, Castle Road, Kentish Town, as tenant since June, 1896—no person named Hanik, Wilson, or Cook has lived there since that time, nor had any business there, nor anything to do with the premises—I do not know any of the prisoners, I have not seen them before—they have not lodged with me, nor had any right to give my address.
Cross-examined by Hanik. Mrs. Blew was the landlady before I went there—she is dead.
FRANK VINCENT . I am agent for the Great Western Railway, Red-cross Street, City—I know Hanik as Cook Brothers, of 67, Aldersgate Street—I have had consigned to me in his name whiskey, coffee, curry and cheese—I produce their orders for curry powder, a 6 lb. sample of French coffee, and eleven cases of coffee in December, 1896.
EDMUND VINCENT VAUNTELLI SALAMAN . I am an export and import merchant, of 23, Great St. Helens—I deal in tinned goods—in September, 1896, I engaged the prisoner Wilkinson as traveller on commission—he introduced various orders, including one of January 5th, 1897, from C. Main, 13, Station Avenue, Loughborough, for five cases of milk and one case of salmon, value £6 3s. 6d.—the goods were supplied—they were not
paid for—I also supplied Cook Brothers with 72 lbs. of curry powder, price £4 4s., and another—9 worth of goods, which were not paid for—Wilkinson introduced Hanik as Cook Brothers—Hanik gave, me an order for 30 lbs. of tinned salmon, which I did not execute, because I wanted references or a cheque on the first transaction, which did not come—I received an order from F. J. Wilkins on January 14th, of 13, Crutched Friars—two references were given—I made inquiries—I declined to deliver the goods—I wrote to Wilkinson to say so—Wilkins called and expostulated rather strongly because I did not supply the goods—my next order was from Vosper for 100 cases of "Aunt Sally" flour in bags—an American flour—I did not supply it—in the spring of 1897 Wilkinson ceased to be my traveller—I discharged him—I have never been paid for the goods referred to.
Cross-examined by Wilkinson. You sent me close upon 200 customers, to the amount of very likely—500—my business is for cash on delivery for the home trade—the curry was the exception—I refused when I found your requests were becoming frequent—you signed an agreement to pay a portion of bad debts—I cannot see what interest you had to send wrong customers—I stopped 20s. of your last week's money—you were a good traveller.
Cross-examined by Wilkins. Seven days was on your milk order introduced by Wilkinson, but I would not entertain it—you were very indignant, and I wrote to Wilkinson after your visit.
JAMES SWAFFIELD (re-examined). I bought a quantity of curry powder from Hanik—this is a bill-head of Charles Hening and Co.—I was not positive—I never bought anything except in the name of Hanik. (A bill to Crisp and Co. was here produced for four dozen tins at £2 19s. 2d. and 2 1/2 per cent, cash allowed.) I was not aware that that cost—4 4s. two days before.
JAMES CLIFFORD BROWN . I am one of the firm of Rowland Carr and Co., of 163, Palmerston Buildings, and am agent to Mr. Howson, of Tunstall, in Staffordshire, patentees—about Easter, 1897, I engaged the prisoner Wilson, as traveller on commission—he gave his address afterwards at Three Tuns Passage, Newgate Street—among other persons he introduced to us was F. J. Fieth, as a customer, who gave an order for half-a-dozen of "Perfection Relish," which we had to transmit to Tunstall to be executed—his address was 52, Fairlawn Park, Sydenham—the order was executed, and we then got an order from the same person for five gross of relish—I think it was from the same firm—the price of that was £13—the next order was about August 14th from A. W. Wilson, of the Acme Novelty Company, 27, Halliford Street—price £13 5s.—that was executed—the next order was from Cook Brothers, of Alderegate Street, for five gross, but I do not know exactly—that order was executed—shortly after that there was another order from Cook Brothers for two more gross—I believe that would be about £5 6s.—that order was executed—we received no payment for any of those orders—the account went on up to August last—those orders amount to £47 9s. 6d., but there are others—you have Wilkinson's statement—the amount is £69 or £70.
Cross-examined by Wilkinson. We made some inquiries—we never applied for any of the expenses.
Cross-examined by Fieth. Wilkinson wrote you a recommendation to Mr. Howson—I never received any claims for breakages of the bottles—I did not say at the Police-court that I called at your place with Mr. Howson—we did not call—I said I called on most of the defendants.
Cross-examined by A. W. Wilson. I do not know of the practice of introducing an article into a large firm at a sacrifice in the hope of recouping it by subsequent orders—you did not write offering—3 and a three months' bill, with interest added—we did not receive such letter—we have produced all letters from you—you gave me a bill and asked for its renewal—we did not renew it.
WILLIAM HENRY HOWSON . I am the proprietor of the "Perfection Relish," of Tunstall, Staffordshire—Messrs. Rowland Carr are our London agents—we executed an order for half a gross to F. J. Fief, 52, Fairlawn Park, Lower Sydenhain—this is the statement of account—it shows half a gross on July 10th, and five gross on July 31st, coming to £14 7s.—we were never paid—our next order was by A. W. Wilson, of the Acme Novelty Company, amounting to £13 5s.—we were never paid—on August 23rd and 24th and September 6th I executed orders from Cook Brothers, of 93, Aldersgate Street, amounting to £18 11s.—we never got paid—we never got any of our sauce back—we had a repeat order, which we executed—we never got paid—we never dealt with Crisp and Company.
Cross-examined by Fieth. The bottles were packed in good packages—I cannot swear to the boxes—I did not pack them—I had no complaint of the packing—you could have claimed from the railway company for broken packages—we pack them now in a more convenient way—with a separate compartment in bin cases—I do not remember informing you that Rowland Carr and Mr. Brown, his partner, were my agents.
DAVID FOTHERINGHAM . I am the general manager at Messrs. Crisp of all the departments—I knew the prisoners A. W. Wilson, Hanik and Wilson for eighteen months as the representative of the Acme Novelty Company—when I bought brown paper from him—I have had other transactions with him—I bought some sauce on August 17th—he offered a sample, I think it was five gross at 28s.—this is the receipt from the counting-house—I have known Hanik four or five years as Hening, an agent—I bought some tinned goods from him first, and five gross of "Perfection Relish" at 25s. a gross on August 27th.
Cross-examined by A. W. Wilson. I have heard that new goods are introduced more cheaply sometimes to obtain a market—I do not know it of my own knowledge.
WILIAM SLADE VINCENT . I am manager to Messrs. Dyas, drysalters of 87 and 88, Fore Street, City—in September last I bought of Hanik two gross of "Perfection Relish" at 30s.—this is his receipt (Headed: "Charles Hening and Co., general agents, Hercules Road, Holloway.")
JOHN INGLIS DOYLE . I am a messenger in the Record Office of the Bankruptcy Court—I produce the files in bankruptcy of Emil Hening in 1886—adjudication April 19th—his liabilities rank at £2,793 7s. 5d., his assets at £186 14s—book debts principally—he is still undischarged—no application was made—Main is described as Charles Augustus Marni, agent of 28A, Paternoster Row—his adjudication was December 29th, 1894—he is
undischarged—his labilities were £525 11s., his assets nil—F. J. Fieth is described as a merchant and agent, of 12, Lawrence Lane—that petition was filed in June, 1894, and dismissed on August 3rd—there was a final judgment for £226 15s. 1d.
JOHN CHADWICK . I am clerk to the London Banking Corporation, Bridge Street, City—I produce certified copy account of William Wilkinson and Co., 2SA, Paternoster Square, from July to December, 1897—it shows payments to Cook Brothers, Offerman and Wilkinson—the account was opened upon this reference to C. H. Main, which states "I have known Mr. Wilkinson for many years. He is highly respectable"—that is from 13, Stone Avenue, Loughborough Junction—the account was closed with 2s. 2d. charged for commission, because we were not satisfied.
Cross-examined by Hanik. The amount paid to Cook Brothers was £24 in August.
ALBERT LUDOVICI . I am a clerk in the Economic Bank, Palmerston Buildings, Old Broad Street—I produce certified copy of the account of Albert William Wilson, 13, Carysfort Road, from October, 1896, to March, 1897, in which the name of R. H. Vosper appears very frequently as a payee—the account was closed because we could not get an answer to the reference—I also produce a certified copy of the account of George William Wilkins, of 13, Crutched Friars, from February 26th to March 6th, 1897—a reference was given, but the account was not satisfactory, so we closed it with 9d.—it was opened with £10.
Cross-examined by A. W. Wilson. We did not allow you to overdraw—the amount passing through altogether was £144 5s. 9d.
Cross-examined by Wilkinson. Your reference was Wilson—we open deposit accounts with a sovereign.
EDWARD JAMLYN . I am secretary of the Bank of Great Britain, St. Andrew's Hill, E.C.—I produce certified copy of account of Alfred William Wilson from October 29th, 1897, to March 9th, 1898, during which period £30 passed through the bank—1s. is charged for not keeping a proper account—I recognise Wilson.
GEORGE EDWIN MARSHALL . I am a cashier in the London and South-western Bank, Finsbury Pavement Branch—I produce a certified copy of the account of Albert William Wilson, manufacturer, of the Acme Novelty Company, 27, Halliford Road, N., from March to May, 1897, when we closed the account, charging 10s. 6d.—one of the references was Vosper—the money was drawn out nearly as quickly as it was paid in—the whole amount is £59 10s. 10d.—there was no substantial balance.
Cross-examined by A. W. Wilson. Such an account is not usual—you drew 19s. 10d., leaving 10s. 6d. for charges.
HENRY FREDERICK WHYMARK . I am a builder—13, Carysfort Road is my property—I let it to A. W. Wilson in March. 1896, on a reference to his previous landlord, at—42 a year, as a private house—he stayed between six and nine months—he owes me £21—I put in the brokers in September—there was nothing to seize—he went out—there were old boxes at the back, which we broke up.
Cross-examined by A. W. Wilson. You did not tell me you did not require the house yourself—I called several times and could get no answer—I am not certain about your paying £5 5s.—you said as you could not
let I should have to take money in two lots—the £5 5s. was the only cheque I ever received.
JAMES LEWIS NEWTH . I am trustee of 28, Rushmore Road, Clapton—in December, 1896, A. W. Wilson entered into possession at £30 a year—he paid to June, 1897—I put the brokers in about a month ago—I have possession now—there was nothing to get—the family remained some time without furniture.
Cross-examined by A. W. Wilson. You offered to go out if I would forego the rent—you offered me a bill—that was before your arrest—I did not accept it.
HENRY PELHAM BOWYER . I am assistant clerk to the Coopers' Company, Coopers' Hall—13, Crutched Friars is their property—in November, 1896, a man named Wilkins came about an office there—he gave me as a reference Dyas and Company, 13, Carysfort Road, which was satisfactory—I let him a room at £15 a year—he occupied it a few days—we could not get the agreement taken up, consequently we put a padlock on the door.
Cross-examined by Wilkins. There was a negotiation about taking two rooms on the first floor—we never got any rent.
ARTHUR KILBY . I am the landlord of 256, Albion Road, Stoke Newington—in October, 1896, I let Wilkins three unfurnished rooms at 9s. 6d.—he gave me a reference from Carysfort Road—he left, owing five weeks' rent—he gave me an I.O.U. and a cheque on the Economic Bank for 10s., which was referred to drawer—that was after he left—he lived there with his wife.
Cross-examined by Wilkins. You did talk about change for a £5 note and a lot of things I don't remember—you knew where I lived if you wished to pay—I heard that your wife has an income.
CAMILLO ARRIGHI . I am the landlord of 39, Barnsbury Street—in February, 1897, Wilkins took two rooms at 8s. 6d. a week—for about eight weeks—furniture was brought and taken away by other people after seven or eight days—he came in in the afternoon always drunk—there was a wife and two or three children with nothing to cover them—I gave them notice ever so many times and went to a Magistrate—he left, owing £3 8s.
Cross-examined by Wilkins. I did not quarrel, and you get obstinate, and say you would stop as long as you liked—I told you I would go for a policeman, and you threatened to kick him downstairs—you were never sober.
EVA ELAND . I am landlady of 21, Parkfield Street, Islington—in March last I let Welkins a furnished room at 8s. a week, which he occupied, or his wife and two children, till April 11th—he only paid rent for the first fortnight—his wife stayed on after his arrest.
Cross-examined by Wilkins. You took the room on March 14th—I asked you to pay the first week in advance—you paid it—also the next week.
HERBEHT WINSTANLEY . I represent the owners of 20, Budge Row—I am an architect—on June 17th, 1897, the prisoner Wilkins agreed to take two small offices on the third floor at £45 a year—I saw "Mackenzie Brothers" up—he said he was a wine shipper—there was never anybody
in the place—I re-took possession in October, 1897—I never got any rent—I never saw any furniture—I got an order of the Court.
Cross-examined by Wilkins. You said, I believe, that you were an agent for champagne, and were taking the offices in conjunction with two other gentlemen—I believe the business was advertised—the housekeeper is dead—I know nothing of an arrangement with her for furniture.
ELLRN HINTZE . I am the wife of Ernest Hintze, an electrician, of 27, Halliford Street—in the garden is a bricked workshop with a separate entrance in another street—in November, 1896, I let this shed to Vosper and A W. Wilson at 6s. a week for packing toys—I saw both—Wilson was the spokesman—later I had a post-card from Vosper to take in letters for the Acme Novelty Company—I saw packing cases and tin-boxes in the shed, but no wine, nor curry—it was occupied till they were arrested in February—I used to see Hugh Wilson there nearly every day, but not so much lately—they used to come there at all times—young ladies were employed there packing cards into boxes—I saw Wilkinson there very often—if no one was at the shed I used to take large and small packages in at the house—sometimes there were two in a day—if the carriage was not paid, and was much, I refused.
Cross-examined by A. W. Wilson. My husband wrote the agreement which you signed—you paid the rent—you do not owe anything—I did not know you were ill—I used not to see you very often—I asked your son for your private address, which he gave without hesitation—we used a small part of the shed ourselves—Wilkinson said he was a friend of Vosper—you were there early and late.
Cross-examined by Wilkinson. I only believe it was you who came.
HARRY DAINTRY (re-examined). I have made inquiries, and find that on September 12th, 1896, there were three cases, 240 lbs. at 1s., and 120 lbs. at 1s. 4d., and on September 19th, two chests, 240 lbs. at 1s. 5d. sold to Wilson and Wilkins.
EDWARD HARLEY . I am an architect, of Three Tuns Passage—I produce agreement between my uncle and Wilkinson for an office on the first floor at £30 a year from March, 25th 1897—there is one entrance to that and 28A, Paternoster Row—Main was there, but not before Wilkinson—the name of Offerman was up, and I saw Main on the stairs—I only got one half-quarter's rent up to June 24th—£3 15s.
Cross-examined by Wilkinson. I called several times—you told me you had been robbed of a lot of goods, and that that was the reason you could not pay.
Re-examined. That was nearly the end of 1897—I managed the letting for my father—he is the leaseholder.
WILLIAM BUTTERFIELD . I am housekeeper at 93, Aldersgate Street—I know Hanik as Cook—in July, 1897, he viewed an office there, and agreed to take it, and I allowed him to have letters addressed there to Cook Brothers—he called for them—after receiving a communication from Mr. Clifford Brown I stopped taking in letters—some parcels came—some "Perfection Relish"—I sent the van away—a bicycle came—I did not take it in—I recognise Wilkins as a traveller for cigar manufacturers on Creol and Sons' premises at 93, Aldersgate Street, nineteen months ago—the name of Cook was on the door.
Cross-examined by Hanik. You complained of the rain spoiling your goods, and that you had lost £40.
Cross-examined by Wilkins. I have not seen you at 93, Aldersgate Street with Hanik—nor since you left the cigar merchants.
STEPHEN EDWARDS . I am cashier to Tubbs, Lewis and Company, 29 and 30, Noble Street, City—67, Aldersgate Street belongs to them—Hanik, as Hening, was tenant of an office on the first floor there for five or six months at £55 per annum—he paid a half quarter's rent to Christmas, 1896—he paid no more rent—I only saw him once, just before I re-took possession—we applied several times, but there was nobody there—there was a name over the door of "Cook Brothers."
Cross-examined by Hanik. I heard no complaint about the rain—you were on the second floor—the agreement was with Mr. Mason.
REBECCA HANMAN . I keep a general' shop at 4, Hercules Road, Holloway—from about Chistmas, 1896, or the beginning of 1897, I took in letters in the name of Hening for Hanik—I occupy the house—some cases of wine came—they were taken away by a man, like a greengrocer's man—I know Crisp's shop—I have seen Hanik about there—I told Hanik a gentleman called, and he said he could be seen at his office, Leadenhall Market—he did not want people to come to his house, as he had an invalid wife, and he did not want them to bother him—a tall, thin, slim young man came for him from Crisp's—I thought I had seen him at Crisp's.
Cross-examined by Hanik. You told me you did not live far from me—no one called to say you owed money—you had one case of claret—you paid one halfpenny a letter.
MARY ANN POPE . I am single—I live at 5, Eldon Street, City—on December 16th Hanik took two middle rooms on the first floor from my brother, who has since died—I was residing with him—Hanik said he could give good references, but my brother did not ask for them—he paid 10s. deposit—this is my brother's signature to the agreement to pay £2, £3, and £4 a month—the rooms were unfurnished, but my brother lent him house furniture till the end of the month, when, if he did not have his own, he said he would "buy it—the place was to be an office—I never saw any business—goods and letters came—I took in some Bradley's I sauce and other small parcels—my brother let the house to tenants—I looked after them, living upstairs—a good many letters came the first two weeks—he was living there three weeks—I did not see Hanik after the first week in January—just before Christmas he asked me take in some turkeys—none came—he went away without saying anything—my brother watched for him, but we never got any more rent—the name Hanik was painted on a tablet.
Cross-examined by Hanik. My brother said you were an agent for an insurance company, not a manufacturer's agent—I saw no one there but yourself and George Twining.
WALTER WATTS . I collect the rent for the owner of 52, Fairlawn Park, Lower Sydenham—Fieth occupied the bottom flat, four rooms, at 6s, a week, with his wife and family—he was very seldom there—he owed £2 11s. in March last, when his wife and family left.
Cross-examined by Fieth. You commenced your tenancy on February 3rd, 1896.
THOMAS BROWN . I live at 21, Dartnell Road, Camber well—I am not in employment—I was engaged by Wilkinson as clerk in November last at 25s. a week, at 26, Pilgrim Street—it was a bicycle-riding school—I was afterwards salesman and bicycle instructor—I was only there a month—I think the business would have been prosperous—I afterwards wrote letters at Three Tuns Passage at his dictation to business firms in London and the country—bicycles and bicycle frames, and one or two odds and ends came to Three Tuns Passage—I saw no books—I wrote this letter signed "Brown, Williams and Co.," because Wilkinson asked me to put that name—Brown is not meant for me—I do not know who was trading as Brown, Williams and Co.—I did not ask, I did what he asked me—I I have seen Wilkinson at the Ship public-house at the corner of Three Tuns Passage, and at Paternoster Square or Ivy Lane—I think I saw A. W. Wilson with him once or twice—I have seen Hugh Wilson two or three times since the case came on, not before—I saw him with his father outside the public-house—I have seen Fieth come into the Ship about eleven o'clock and hurry out—I have seen him with Wilkinson on two or three occasions—I have seen Hanik, I could not say where—I saw no shipping business at Wilkinson's office—there was not much business when I was there.
Cross-examined by Wilkinson. Your office was fitted with desks, etc., as a place of business—you left Pilgrim Street because of the previous tenants being sold up for back rent.
Cross-examined by Fieth. You had samples, and mentioned that you were in a situation in Aldersgate Street—I saw you taking your luncheon at one.
JAMES MOBLEY (Serjeant, N.) On February 21st, I saw Fieth at Sydenham—I told him I was a Serjeant of police, and asked him if his name was Fieth—he said "Yes"—I said I held a warrant for his arrest, and read it to him—he said, "I am not guilty. I have not conspired with anyone. It is only a debt"—the warrant charged him with conspiring with others—he said, "I had the relish, and sold it at a profit"—on the way to the station he said, "I know Wilkinson, I suppose you want him. I insured his life. He asked me if I could do with some relish, and I said, 'Yes.' I have been to his office in Three Tuns Passage. I have been to Wilson's office. I insured his life. I have never had any other dealings with him"—in answer to the charge he said. "I have never conspired with anyone"—I searched his rooms at 52, Fairlawn Park—I found two bottles of "Perfection Relish," and a quantity of papers, including bill-heads of A. W. Wilson, 13, Carysfort Road; of the Acme Novelty Company, and R. H. Vosper, 24, Miranda Road; a card of W. Wilkinson, Three Tuns Passage; memorandum of J. Fisher and Co., 6, Foster Lane, and 52, Fairlawn Park; a Police-court summons against Fisher, of 52, Fairlawn Park, for gas; bill-heads of C. A. Marni, of Stone Avenue, Loughborough, and H. Freeman, of 37, Cursitor Street; and of Fieth, who is described as a Continental agent, of 52, Fairlawn Park, Sydenham—I arrested Vosper, and searched his rooms—I found bill-heads of the Acme Novelty Company; of Mackenzie Bros., wine shippers, 20, Budge Row; of R. H. Vosper, 9, Mincing Lane, Monument Chambers, Miranda Road, and Pembroke Road, Walthamstow, "Continental and Colonial Importers," and other
documents, including a number of letters from Wilson to Vosper in different parts of the house—the letter from Crisp to Wilson was found at Hackney Place: "Will you kindly make it convenient to see Mr. Crisp to-day"—in consequence of instructions received in June last year I kept observations on the shed in the garden of 27, Halliford Street, up to the arrest of Hugh Wilson—I saw no business—became about eleven o'clock, and sometimes stayed two or three hours, and sometimes went away with his father to arrange vans—there were a great many inquiries—goods were taken in and removed shortly afterwards—Hugh Wilson took part—I saw Vosper there and Fieth once.
Cross-examined by Fieth. You did not ask me if I knew Wilson—I said I had seen him there—nothing was said about Cook Bros.—I have only samples of what I found—I found one card of Wilkinson, no bill-heads—found a portion of one of Marni's cards—I found letters in your writing from "Firth" and "Fisher"—some were in a black box—the papers were not mixed with those of the other prisoners—you were taken to Upper Street and charged—I searched the whole place—not the wash-house—I found papers in the name of Granville, of Hammersmith, and a notice to quit 112, Glenthorn Road, Hammersmith—I did not see a Post Office Directory in your place—I found correspondence in German—it has been translated—it was with a German firm—this bill-head appears to have in mistake "Firth" for "Fieth"—you called at Wilson's with an insurance book in brown paper—I found testimonials and prospectuses as a teacher of languages, and some letters of the Royal Military Academy at Woolwich, which I took to refer to one of your boys—I know you were Fisher in Foster Lane—there is an agreement for a house, dated October, 1895.
Cross-examined by A. W. Wilson. I watched your place in consequence of an anonymous communication—I received complaints almost daily from individuals—I saw Fieth and Vosper at your place daily—I saw them come out together—I followed you there—I followed your boy to a private house at Clapton last June—I followed him to Holloway in July—your papers could not have been mixed with others—I was watching in plain clothes—it is my division—a week before your arrest, and while watching, a gentleman did not ask me if I belonged to the Acme Novelty Company—at Upper Street Police-station I did not say you had kept me waiting a long time—I kept away for nearly a week because I was going to get a warrant—I did not fetch a constable from point duty, and ask whether a gentleman had tried your door and walked away, or whether he had seen him go in or out—that was Brown, who laid the information—I was not with him.
CLIFFORD BROWN (examined by Wilson). I called several times at your office—I asked a gentleman his business in the Acme Novelty Company—I called a constable, who told me he knew the man was connected with that company—Serjeant Morley did call at your place afterwards—I was with him—the place was locked.
ALFRED DYKE (Policeman, N). On February 24th I arrested Hanik—I asked him his name—he said, "Hening"—I said, "If your name is Hening it is Hanik, and if it is Hanik it is Cook"—he said, "I will say nothing"—I took him to the station—when charged he said, "I was
formerly at 67 and 93, Aldersgate Street as Cook Brothers"—I searched him—I found these addresses: 46, 67, and 93, Aldersgate Street; 5, Eldon Street; 4, Hercules Road; 56, Isledon Road, South Hackney; 53, Catherine Road, Fulham; a card of Rowland, Carr and Co.; pawn tickets, and various papers—I found nothing of consequence at his private house—I found his private address by inquiries—I kept observation on the Acme Novelty Company—I saw Wilkins come out and young Wilson.
Cross-examined by Hanik. You paid your rent at your private house—I found nothing against you there—I do not recollect your saying jour wife was ill, but you would not give your private address—I found no papers signed by the Home Secretary stating that you were a naturalized Englishman.
Cross-examined by Wilkins. I saw you come out of the Acme Novelty place about June or July—you were dressed, as I told you at the Police-court, in a black coat, similar to what you have now, a high hat, and light trousers—you had shaved the whiskers off the chin, and moustache.
JAMES NEARN (Police Inspector, N). On February 21st I saw Wilkinson in Dalston Lane—I said, "Is your name Wilkinson?"—he hesitated, then said, "Yes"—I said, "I am a police inspector, and have a warrant for your arrest, with others, for conspiracy and fraud"—he said, "What? Where?"—I replied, "Islington and other places in London. I will read the warrant," which I did—he said, "I was traveller for them and paid on commission. Where are we taken to?"—I said, "Islington Police-station, where you will be charged"—he was taken by another officer—the same day I went to a building in the garden of 27, Halliford Street, where I saw Albert and Hugh Wilson—I said, "I am a police inspector, and I am going to arrest you both for conspiracy and fraud"—I read the warrant to both—the elder prisoner said, "It is ridiculous. I offered to pay for them, they would not have it"—I conveyed them to the station—I after-afterwards went to Three Tuns Passage—on the door was the name "Wilkinson and Co."—in the letter-box I found this paper, "Mind, the police are on you.—G. H."—I took away a quantity of papers—I went to 89, Graham Road, Wilkinson's address, and took possession of papers there—I made another journey to 28, Rushmore Road, Wilson's private address, and took possession of a lot there—the papers were tied up separately, and labelled—the prisoners were charged together—they made no reply then—going to the cell Wilkinson said, "You might get me bail, there is very little against me"—I said I knew nothing about bail, it was a matter entirely for the Magistrate—at Three Tuns Passage I found a quantity of memoranda, unpaid accounts, letters threatening legal proceedings—the office was furnished with two chairs, an empty jug, new packing cases, and some parcels, and dummy parcels on the shelf tied up to represent goods, but containing rubbish and waste paper, and this one book—it contains the names and addresses of all the prisoners now on trial—in another book I found the names of firms in the provinces and in London in Brown's writing, who was Wilkinson's clerk—some bill-heads of Wilkinson, Offermann and Marni, and a card, "A. Marni and Co.," manufacturers, shippers' agents, Paternoster Square, and Three Tuns
Passage, E.G."—I found a desk near the door, and a desk on the left—I found this card of John McNeil, who is giving religious addresses in London, and on the back "Return shortly. Please leave all parcels at the shop down stairs"—I have added them up, and find from January, 1897, to February, 1898, £368 18s. 10d. of unpaid accounts—at Graham Road I found this old order book—at Rushmore Road I found these three book—in the day book is Vesper's writing, and a little of Wilson's—it gives the names of firms and accounts, including Crisp's, and others in this case—I find frequent record of sales to Crisp's of all classes of goods—I found dominoes and domino-boxes—the cash-book is in Vesper's writing—the call-book is in Vosper's writing, and a writing I do not know—I found unpaid accounts, which I have scheduled—they amount to £427 7s. 1 1/2d., ranging from February, 1897, to February, 1898—at Halliford Street in the shed I found a quantity of miscellaneous things—sealing wax, playing cards, stops for punctured cycle tyres, dies, Jubilee trays and confetti, writing pads, dominoes, Jubilee bricks, King of Spades boxes, samples of glue and brown paper, and an India-rubber stamp with the name of the Acme Novelty Company, empty cases and rubber stamps marked France, Belgium and Austria; bill-heads of Manchester, New York, and so on of The Acme Novelty Company—the heading is: "27, Halliford Street; 1, Helmore Road, with branches in London, Manchester, and New York. Telegraphic address 'Overwrought London.' Terms strictly cash on delivery. No discount"—I found a number of cheques, some marked "R.D," and "N.S.," and the five-guinea cheque of Whymark's, a County-court summons by Porter, wine merchant, St. Peters Chambers, St. Peter's Alley, for wine delivered; also wine cases and empty bottles—a card of Wilson with "Fieth" in pencil at the bottom, and has reference to whisky at 25s. 6d. per gallon and wine at 18s. a dozen, and is signed "A. W. Wilson "underneath—it was in consequence of what I heard that I instructed Morley and Dyke to watch the premises in June—I received complaints at the beginning of June—Fieth's accounts amount to £94 7s. 6d., of which one item is £91 7s. 6d., a judgment debt in the High Court, according to information from Freshfield and Williams—Hanik's were £34 4s.; Wilkins's from August, 1897, to February, 1898, £35 2s. 6d.—one of Wilson's creditors was the Dockhead Metal Company, Limited, for the boxes sold to Crisp—their debt from Wilson was £170—that was on an invoice found at the Acme Novelty Company's place with a telegraphic address of Vosper, "Defia, London."
Cross-examined by Wilkinson. I did not know you till the morning; you trod on my toe—you lived at Graham Road upwards of three years—you had a house there and farmed it out, and had for yourself two small rooms, the kitchen downstairs, and the other near the sky—I believe the last quarter's rent has been paid since you were in custody—you had two desks, a counter and chairs—there was a partition—there was no appearance of business.
Cross-examined by A. W. Wilson. The papers were in a little office, which was accessible—you had no cupboard to lock them in—there was a glass case—I found at Halliford Road a rent book and wages book—I found you sold goods to a firm in Hounsditch that you bought from the Dockhe id Metal Company, and put the money in your own pocket—this
matter was laid before the Treasury, who selected the cases—I do not know that your telegraphic address was registered—I found no receipt for it—when I said I found a cheqne made out by you in favour of all "prisoners," I meant "persons," and I asked the Magistrate to allow me to alter it—there is one in favour of Vosper, that is all—the County-court summons was February 8th—you were arrested on the 21st—I found by the rent book the rent was paid—you asked for your books, and have had facility so see them—this case was three months before the Magistrate, from week to week, and I had them at the Police-court every time—you applied for them once or twice—you wrote to me, and I told you you could not have them, they would be used against you, but you could have opportunities of seeing them—I have no doubt you have received payment from customers in Manchester and other places.
Cross-examined by Fieth The judgment debt was due to Maurfour and Son, of 12, Laurence Lane, City, and Switzerland.
Cross-examined by Hanik. I did not find in Wilson's papers anything to connect you with him.
Cross-examined by Wilkins. I found in Wilkinson's office an envelope addressed to you at Richmond Road, N.—nothing connected with the Acme Novelty Company.
Re-examined. I found a cheque in favour of H.M. Postmaster-General for one guinea dishonoured.
GEORGE SHANKS (Detective Serjeant, N). On the night of March 31st I saw William Wilkins in Chapel Street, Islington—I said, "I am a police officer, and have a warrant for your arrest for conspiring with others to defraud. Are you Wilkins?"—he replied, "No"—I said, "Well, I shall take you"—he replied, "This is the result of getting mixed up with a lot of swindlers. Who are they that I conspired with?"—I said, "Wilkinson, Wilkins, Vosper, and others"—he replied, "Wilkinson is the biggest thief in London, and ought to get fourteen years. Vosper is a mug, like me. What was it you said we got?"—I said, "Bedsteads, tea, and Treman's cigara. The tea was from Mincing Lane"—he said, "Wilson sold the tea to Crisp's. I wish I had never seen the German crew; they are all frauds. I lost £2,000 over them w—after the charge, when in the cell, he said, "I met Wilson in No. 99, the 'pub.' in Finsbury Pavement. When I was separated from my wife I went home with him to 13, Carysfort Road, as a lodger. My references were all right, and he knew it, and got the tea and sold it to Crisp's. I have never had a penny of it. Crisp's had the bedsteads through Wilson. I haven't even got one of my own. Crisp's have been encouraging old Hanik to get stuff for them. Have you a warrant for them? They are only receivers."
Cross-examined by Wilkins. You did not seem surprised at being arrested—I wrote the statement down in your presence.
The Prisoners' statements before the Magistrate—Fieth says: "I am innocent of the charge of conspiracy. I have not conspired with anybody, and have not defrauded anyone. Some of the prisoners were perfect strangers to me until this case commenced." Wilkins says: "I am perfectly innocent of any conspiracy."
Wilkinson, in his defence, said that he was innocent of conspiracy, and
not a penny had gone into his pocket; for the different firms he represented orders were given and inquiries made through trade societies. A. W. Wilson, in his defence, denied any conspiracy; his were only business debts; his object was to sell to the best houses; bills had been picked out, omitting those where he had sold at a profit in London, Manchester, Liverpool, Edinburgh, and other places; that Vosper travelled with him on commission, and made up his books and did his correspondence in the evening; that he worked from 9 a.m. till 10.30 p.m. at the shop, the girls he employed leaving at 8; and that he was fortunate to get so roomy a place at so little money; that family illness and the death of his eldest girl kept him absent some time. The prisoner here broke down, but later on, continuing, he said that he took a house at £42 to let off, but could not let it though he advertised; that he made special designs for Jubilee trays and goods, and could show his customers' prices and the manufacturer's charges, and his receipts were with his papers; that he could not keep up his payments through misfortunes, but he could recoup all if he had his liberty. Fieth, in his defence, said that he met with Wilkinson through applying to him on behalf of an insurance company and insuring his life, when Wilkinson introduced goods which he tried to sell at a profit, but was a loser, and so was unable to pay; that he got Marni's card through seeking him to collect money; that Vosper gave him the card of his firm; that there were no papers found or anything to connect him with the prisoners; that it was not criminal to call at Wilson's place once, and he had no reason to think he was not doing a legitimate business; that the sauce was not properly packed, and proved a loss; that he won in a situation as town traveller till arrested, but he never took an order from the other prisoners nor was guilty of conspiracy with them; that he was a German master, and had been a private tutor at the Royal Armoury and Staff Institution at 39, Lombard Street; that his bankruptcy proceedings in 1894 were dismissed by a payment; and there was nothing against his name; that he had a good order from a shipowner, by which he hoped to liquidate his debts, retrieve his lost credit and his health, if he could return home to his wife and little ones, who were in danger of being sent into the world branded with their father's criminality. Hanik stated that he was a naturalised Englishman, and had had a good business, and was once a churchwarden in Aldersgate; that four of the prisoners were unknown to him; that Wilkinson came for orders, and he gave him one for sauce; that his goods were spoiled through the water coming in; that his partner (Cook) gave the order for the curry powder; that he was engaged by Crisp and Co. to look afar their stores, and the name Firth was a printer's error, which he corrected with the pen as he used his bills; that he had never swindled anybody; that the only one of the prisoners he knew was Wilkinson, and he wished he had never seen him; and that he had twenty-seven years' good character. Wilkins stated that having separated from his wife he accepted Wilson's invitation to live at Stoke Newington; the Typan tea was a trade name, and meant master tea, which he sold in addition to his connections with the wine, cigar, and home and Colonial trades; that at the time he opened his account with, £10 at the Economic flank he had a country cheque, which was taken to the Cheque flank for convenience; that he travelled on commission, and had endeavoured to do legitimate
business, and all the firms dealt with made inquiries; that he had nothing to do with Halliford Street or Rushmore Road, and was only connected with Wilson through giving an order for Lascila coffee, which was bad, and therefore a failure; that he had never met Wilkinson since 1896, and that connection only lasted three weeks, and lie generally denied the conspiracy to defraud.
WILSON and FIETH— NOT GUILTY .
WILKINSON— GUILTY of conspiracy only (the police stated that he had been living by fraud for years)— Five Years' Penal Servitude.
WILSON— GUILTY on all Counts— Eighteen Months' Hard Labour.
HANIK— GUILTY on all Counts (recommended to mercy by the JURY)— Twelve Months' Hard Labour.
WILKINS— GUILTY on all Counts (he was stated to have been for years engaged in fraud)— Three Years' Penal Servitude. Sentence on MAIN— Twelve Months' Hard Labour.
MR. BODKIN offered no evidence.
NOT GUILTY .
OLD COURT.—Thursday and Friday, May 19th and 20th, 1698.
Before Mr. Justice Hawkins.
MESSRS. CHARLES W. MATHEWS, HORACE AVORY and BIRON Prosecuted; and MR. GEOGHEGAN Defended.
JAMES BYRNE . I live at 28, Red Lion Square—it is a private lodging house—I manage it—the deceased (Margaret Byrne) was my sister—she was a single woman, forty years of age—under my direction she managed the house, and lived there with her mother—we had another house—9, Dyott Street—that was a common lodging-house—registered—my sister assisted me in the management of that house for a number of years up to March, 1836—I have known the prisoner seven or eight years—he had been in our employment there, but had left over two years—he went into the employment about 1894, I think at the commencement, during my sister's management—I cannot fix the time he left—he acted as night deputy—a man named Taylor was also employed there—as day deputy the last time—I had not seen the prisoner there for about two years, about 1896, he had been dismissed before that—my sister had spoken to me about him, and in consequence of what she said I chastised him—that was after he had been dismissed—I told him he had no business to be coming abusing my sister, and I kicked him off the step of the street door—he came again after that, and I complained again about his annoying my sister, and I said if he had any manliness in him, I would give him half-a-sovereign if he would take off his coat—she said in his hearing that he was in the habit of coming there and annoying her, and making use of blasphemous
language to her—he then walked away—I last saw my sister alive at eleven o'clock on Sunday April 16th—I am in the habit of spending my Sundays with my wife and family at 183, Lancaster Road—I was with them that day—I was called to Red Lion Square by telegraph—I went and found that my sister had been removed to the hospital—I afterwards identified her body there that same evening—I knew that she had received certain letters from the prisoner—I searched for them on my return from the hospital, and found them in a drawer of the chiffonier—I think there were seven or eight—I know the prisoner's writing, only by seeing it—they are his writing—I have read them all—I handed them to the police—I had read them all previously, Rome of them even before my sister read them—after her death I went back to Red Lion Square—I did not read them then—I found this letter, dated April 12th—I believe the envelope was written by the witness Hunter. (The letters were put in by Mr. GEOGHEGAN, and taken as read.)
Cross-examined. Besides Taylor, the day deputy, there was another man employed, named Darkin—my sister was a most chaste and virtuous woman, a teetotaller for sixteen years—she took a great interest in her lodgers—she had Divine service at 28, Red Lion Square, every Sunday afternoon, and at Dyott Street also—at times she would speak to her lodgers on religious subjects if she so thought she could convert a man, or do any good for him, or help him in any way—she would help them with money—she did not use Scriptural phrases out of the Bible, she would speak more worldly to them—I burned some of the letters which I found—they were not of the same character—they were earlier than these—they were burnt in her lifetime—she always said she was willing to give a man a chance—I find she has lent her lodgers various sums.
Re-examined. I have not heard her say to the prisoner that she would give him another chance—I have heard her speak to him with regard to his drunken habits—I have heard her use that expression "giving a man a chance" in speaking to the lodgers—the other letters were simply asking her to have him back, and saying that he would be a teetotaler, and would attend his church—I thought they would have no motive, so I destroyed them.
JOHN HUNTER . I was an inmate of the Strand Union Workhouse at Edmonton—I have left there now—I have known the prisoner about fourteen years—I was at 9, Dyott Street the whole time he was employed there—Miss Byrne was the landlady—I remember a man named Taylor being there as day deputy—I was employed in the kitchen at the work-house and the prisoner was employed in the same way as I was from April 13th to 17th—he has frequently talked about Miss Byrne during the last two years, and since he left Dyott Street—on April 11th he showed me a letter, and I told him he had better not send it, because of the language—I read it—it was in ink—it was addressed to Miss Byrne—it was not an indecent letter, it was saying that he would come and force her to have some conversation with him—the letter was torn up in my presence—I said, "I will pencil you out another letter, and if you send that, in all probability you will get an answer from Miss Byrne"—I did that, and he copied it in ink, and showed it to me—this is the envelope, it is in my writing—I directed it for him—that is the
letter (produced)—I had never directed any other envelope for him—he said he had written lots of letters, and never received a reply—he seemed agitated and excited, and very much annoyed—I remember on the Friday seeing him sharpening this knife—it is one of the workhouse knives, used for cutting meat at table—it is a table knife—I saw him sharpening it—I don't know on which side it was, it is sharp on back and front—there are many of these knives in the workhouse, but they are not like this, this has been sharpened to a point—he touched it up again on the Saturday on a piece of slate which the kitchen men use for sharpening their pocket-knives—on Saturday I saw the knife, and saw it was a table knife, and that he was sharpening it at the point—I do not know on which side—in the evening of that day, the 16th, he said, "I am going out to see Maggie. I am going to settle the case one way or the other." On Sunday he said he was going to see Miss Byrne, and he was going to settle the case, as he had said before—I next saw him about 7.15 on Sunday evening, April 17th, in the day-room of the workhouse—he said, "I went to see Maggie this morning, and she banged the door in my face. I went back again during the afternoon and settled the matter"—I said, "I don't believe you"—he said, "You will believe it presently, when you see the coppers come here"—I noticed he had a fresh cut on the palm of his left hand—he said, "I got it in the scuffle"—he said he had thrown the knife down one of the areas in the square—I saw he was under the influence of drink and very excited, and advised him to go to bed—he went up the stairs, and that is the last I saw of him that evening.
Cross-examined. In the kitchen I was cutting up meat and carrying food—bones are disjointed in the kitchen—it was not part of his duty to disjoint bones—there was another man to do that—the prisoner had to cut up meat—I have not seen the inmates carrying knives about them, only pocket knives—I have never seen them carry table knives about with them—we are supplied with knives at table—the prisoner had a sheath for this knife—I did not see him make it—I first saw the sheath when he was sharpening the knife—the slate is about three or four inches square—it is not fixed—I never saw the men sharpen the table-knives—I did not ask the prisoner what he had the sheath for—I did not ask him why he had the knife—during the time I have known him he has constantly been harping upon Miss Bryne, saying that he had written letters to her, and she would not answer them, and when he spoke of her it was in an agitated, excited, and insane manner—he said on the Sunday morning, "I am going out to get a reply from Miss Byrne"—the knives used for cutting up meat in the kitchen are large butchers knives—the female cook is the head of the kitchen—there is a male cook as well—the knives are put in a drawer—it is not locked—sometimes the meat comes in on the Sunday morning, and would be cut up about nine o'clock—when the prisoner came back and said he had settled the matter he appeared very excited—I did not see him when the officers arrested him.
Re-examined. The man who disjoints the bones was there from the 13th to the 17th, and discharged his duty—he used a curving knife, not an ordinary table-knife—I have never seen the inmates carrying table-knives, only pocket-knives—the table-knives are kept in a separate room
and two men are told off to clean them—they are left on the table, and then cleared up by the dining-room men—I told him he would not get an answer to his letter, because it was not a fit one, and he adopted the letter I had written.
By the JURT. The prisoner added a few lines to this letter.
By the COURT. I read the letter he wrote himself, and which he intended to send, and I advised him not to send it on account of the objectionable expressions in it—I handed him the copy I wrote for him, and he read it, and it was torn up after he read it—I think there are only about two lines which were not in the draft—I have not read this carefully—I have not read the whole of it. The letter was then read, as follows: "To Miss Byrne, April 12th, 1898. I trust you will not think I am impertinent in again troubling you, but if you only knew my thoughts regarding you, I am sure you would write a line and grant me a few words personally. I am really very much upset thinking of you morning, noon, and night, in fact I do not really know wat will be the result as far as my health goes if you do not do me this favour. I can assure you it is most urgent, I know I have not been very very polite, and have used very strong language towards you, but I hope they will all be forgotten, and I only regret that I have not taken your advice, and have taken no notice of him, he caused me to drink, and that hadded to my troubles I wish to God I had never seen you, or it would never have left me in the state I am in. I implore you to grant me this interview or send me a line, so that I know I am forgiven, as you hope to be in the great and last day. I do not want anything from you only a few soothing words to settel and soothe my troubled mind, and then I will be at rest; if you do not you will have a great deal to answer for. I firmly believe if I do not get a suitable reply it will cause my death or loss of reason, which will be worse, for as it is I feel almost distracted, so do drop a line or two if not I must call once more to see you, so do not put me off under any consideration, or you will drive me mad, and then I do not know wat might happen, so as you profess to be a cristian woman just show me one spark of Christianity by getting a sheet of paper and writing a few lines, and if you don't do that I will know by your silence that you will see me when I call and grant me a few words, and that will soothe my minde. You neede not be afraid I will not harme you in the least. I have tolde you before now that I will never offend you again. I am sorry this as ever happened for your sake as well as my own; anything I have put in my former letters that as hurt your feelings I am very sorry for. Before drawing to a close hopeing you are quite well, as this leaves me at present only downhearted, and alow me to subscribe myself yours respeckfully and ever indetted Jonathan. I freely forgive you, its my own fait.—Mr. J. LOWE, Strand House, Silver Street, Edmonton, N., anxiously awaiting your reply"—the words: "I freely forgive you it is my own falt" are the prisoner's own words—the last two lines are mine.
HENRY SIBLEY . I live at 9, Dyott Street, and am a travelling stationer—I know the prisoner—I saw him on April 17th, about ten minutes past three, at the corner of Broad Street and Shaftesbury Avenue—he came up and said he had been to see Maggie Byrne in the morning, and she had shut the door in his face—I said, "Why did you go and annoy the
lady?"—he then produced a letter written in pencil; he showed it tome—I read it through and gave it back to him—he then left me—I remember a portion of the contents—he went towards Holborn, and I went towards Dyott Street—he was in a maudlin state.
Cross-examined. He was apparently very much upset because the door was shut in his face—I think I remember the words, "I do not want anything from you except a few words to sooth my troubled mind"—it was written in pencil—and the words, "I firmly believe if I do not get a suitable reply it will cause my death," I remember—I cannot say I know his writing—I remember words equivalent to, "Or my reason, which will be worse"—I read it to myself—he was standing by my side—I did not know that he was in love—I think it was more rage than love—I was with him about five or six minutes.
Re-examined. He spoke in the first instance about the door being slammed—he did not look very amiable; he was rather angry.
GEORGE BAYLISS (266 E.) On Sunday, April 17th, I was on duty in Southampton Row about 3,15—I saw the prisoner standing opposite the Albion public house—it is about 120 yards from Red Lion Square—he stood there about two or three minutes—I did not see him move off, or again that day—I next saw him at Gray's Inn Road Station.
JOSEPH HANCOCK . I live at 28, Red Lion Square—I am day deputy there—I was there on April 17th, about 3.30—Miss Byrne was sitting at the top of the stairs leading from the kitchen—there was a service going on in the kitchen—the outer door to the house was open—the inner door does not shut the passage off from the stairs—it goes across the passage—coming from the street to the right you get to the second door, and if you want to go down the stairs you turn to the left—you must go through the second door to get to the stairs—there is a cupboard, which is on the right-hand side coming from the street—Miss Byrne was sitting a little further to the left of the head of the stairs than the cupboard—I could not see her from where I was standing in the kitchen—while I was down below I thought I heard a scuffle—I went upstairs, and saw Miss Byrne lying against the cupboard in a corner—I went to her, and she said, "I am stabbed, pick me up"—I picked her up and took her into the front room—a man named Wallis afterwards came in—two people went for the doctor, and then she was taken to the hospital—the front door is always open while the services are going on—they begin about 3,15 as a rule.
Cross-examined. When I gave my evidence before the Magistrate I used the expression, "There was a little scuffling"—I heard no voices.
JAMES WALLIS . At this date I was living at 29, Vere Street, Clare Market—I am a waiter—on April 17th, about 3.35, I went to 28, Red Lion Square—the front door was open—I went in and saw Miss Byrne on the left-hand side of the lobby, near the door of the passage—I lifted her up and said, "How did you come by this?"—she could give me no answer—her mouth was wide open and remained so—I took her to the hospital in a cab, and half way there she died—she could not speak.
Byrne speaking about that time—the service was then begun—a hymn was sung, and then I heard a scuffle outside the door—I heard no voices—I heard a sound like pattering against the side of the panelling in the room, and a further sound of scuffling along the passage and in the direction of the front door—I went towards the door of the room and the scuffling ceased—I opened the door and saw Miss Byrne lying on the floor outside—I helped to get her into the front room and then went downstairs again.
Cross-examined. I heard no voices at any time—I did not hear Miss Byrne say a word.
Re-examined. I heard her speak when the missionary came—that was the only time.
PAUL TATLOCK . I am a porter at the Strand Union Workhouse, Edmonton—I remember the prisoner returning to the workhouse on Sunday evening, April 17th, about 7.15—he was recovering from the effects of drink—I told him he had been drinking, and I told him to go to his ward—he made no reply—he left me—I cannot say if he went to bed—at 10.12 Serjeant Blight and Constable Walters came to the workhouse—they went with me to the dormitory where the prisoner was asleep—the clothes he had been wearing were lying on the bed—the serjeant woke him, and charged him—I did not find a knife on the prisoner's bed.
Cross-examined. Last Friday there were 925 inmates in the house—the average is about 1,000—we have had 1,300—this knife bears the words "Strand Union" on the blade—it has been sharpened—occasionally the inmates steal the knives—it is not a well-known fact that a great many of the inmates carry knives; some do, at the utmost fifty—the prisoner was first admitted to the house on November 13th, 1894, and has been there ever since, on and off—he came in again on March 26th, 1895, and left on March 6th, 1896—he was not there from January, 1896, to April, 1897—he came in again on April 29th, 1897, and left on May 12th, 1897; re-admitted June 26th, 1897, and left again July 10th, 1897; re-admitted July 17th, 1897, and discharged August 13th, 1897; re-admitted August 17th, 1897, and apprehended April 17th, 1898—from August 17th, 1897, to April 17th, 1898, he was in the house—he was employed in the kitchen, and had been for some considerable time—I cannot give dates—it was more than four days—I do not know what his duties were—I have not been shown a sheath for a knife—the prisoner was sound asleep when we went up to the dormitory.
Re-examined. I have seen the prisoner the whole time I have been speaking of, and spoken to him from time to time—this knife is not the shape of those used in the Workhouse—it has been ground down.
VICTOR HENRY NASH . I live at 37, Red Lion Square, and am an errand boy, of 21, Theobald's Road—I have seen this knife before—I first saw it on April 18th—I went down into the area at 21, Theobald's Road, and found it there—I handed it over to the police.
ALEXANDER MILLER . I am a divisional surgeon to the police—I saw the prisoner when he was brought to the station on April 18th—from his manner, his speech, and his staggering gait, I came to the conclusion that he was then suffering from drink—that was 2 o'clock on the morning of April 18th—he was not charged at the station in consequence till the
following morning—I examined his hands the same night, and he had a small incised wound on the palm of the left hand—it was recent—within a day or two—I was shown a knife on the Monday evening—I found fresh blood on the blade—I was also shown some workhouse clothes—I found blood on the left sleeve of the coat—blood on the waistcoat and on the handkerchief.
COLSON TAYLOR LEWIS . I was house surgeon at King's College Hospital on April 17th—on that date the deceased was brought in between 3 and 4 in the afternoon—she was dead then—two days after I made a post-mortem examination—I found on the body eight punctured wounds, one on the right shoulder, one on the left in the front, one going through the left arm and coming out at the back, one over the breast bone, one above the left nipple of the left breast; that went through the right ventricle, and was the cause of death—this knife is such an implement which could have caused the wounds—it is sharp—the woman was dressed at the time of admission, and I found cuts in her dress which corresponded with the cuts on her body—I made an examination to see whether she was a virgin, and the result was to convince me that she had had no connection with a man.
WILLIAM BLYTH (Police Serjeant, E). On the night of April 17th I went to the workhouse at Edmonton, and after seeing Tatlock I went with Walters to the dormitory, where the prisoner was sleeping and arrested him—he said nothing—I took him into a room downstairs, and while there he said, "Miss Byrne, eh? A Christian lady. I hope she knows it now. I am done. I am guilty. A bleeding cow. I hope she is dead"—I then took him to the station—on the way he said, "I have brought the knife away with me from the workhouse. It has 'The Strand Union' stamped on it. You will find it in one of the areas in the square"—he was calling her all manner of names and abusing her all the way to the station—I received the knife, with his clothes, from Tatlock, and gave them to the inspector at the station.
Cross-examined. When he said "Miss Byrne, eh? A Christian lady" he did not say it in a sneering tone; it was rather sincere by the tone, as if he believed she was a Christian lady—I did not think it was sarcastic—I did not see him in the bed.
ARTHUR WALTERS (Detective Serjeant, E.) I went with Serjeant Blyth when he arrested the prisoner—I heard all that passed—I have heard his evidence at the Police-court, and corroborated it—when changing his clothes at the workhouse the prisoner said, "Miss Byrne! oh, what a Christian lady; I hope she knows it now. I am done now. The bleeding cow, I hope she is dead"—on the way to the station he said, "I brought the knife from the workhouse, it has 'Strand Union' on it—you will find it in one of the areas in the square—my mind is much clearer to night than it was this morning, when I was coming along this road—now that I know she is dead I feel satisfied now whatever happens. I am sorry I destroyed the copy of the letter I sent to Miss Byrne last Tuesday, as that would explain all"—I made a note of the statement at the time it was made.
at 6.30, I went to Red Lion Square, and noticed stains of blood on the staircase, beginning at the back parlour door, about two yards from the top of the stairs going towards the cupboard, just by the middle door, and then they stopped—Byron handed me a number of letters—I read just a little of them, made further inquiry, and sent an officer to Edmonton—he was not charged till ten o'clock on Monday morning with wilful murder—he said, "It is right"—that was at David Road station—I received a knife from the little boy Nash.
Witnesses for the Defence.
HENRY CHARLTON BASTAN , M.D., F.R.C.S. and F.R.S. I am physician to the Hospital for Epileptics and to University College Hospital—I have frequently been consulted by the Treasury in cases of insanity—in connection with Dr. Scott, of Holloway, I have examined the prisoner on two occasions as to his mental condition at the request of the Treasury—I have heard the evidence given before the Magistrate, and have seen the letter of April 12th, 1898—I have had two interviews with the prisoner—on May 13th and 16th—I had a conversation with Dr. Scott concerning them—I have been here nearly all day, not the first hour—I have heard and read the whole of the evidence—I have heard an account of himself—I have some notes I took at the time of the interviews—he told me he had been in the Navy nearly six years, and was discharged on account of his having a doable rupture, and that he had been a barman, a hawker, a night watchman, and for some long period had been in the workhouse; that he first had an attack of delerium tremens twenty years ago, and several other times; the last time, four years ago—he also said that he lived in the house of Miss Byrne for seven years, either as a lodger or servant, and acted as night porter from May, 1893, to October, 1894; that after his discharge he called twice on Miss Byrne, and wrote one letter to her; that he met a man named Taylor, who bad been a long time in her service, but was discharged, who told him that he had constantly been in the habit of having connection with Miss Byrne, and that certain lodgers also told him that they had had connection with her, and he came to have a different view of her character; he formerly thought she was a religious Christian woman, but now had a different view, and put a different construction on certain events; that she wished him to understand that he might have connection with her, and he became convinced that she wished him to have connection with her; although he did not appreciate it at the time, he became filled with the suspicion of the rumour on account of his lost opportunities, and on account of the offence he must have given her, that at the time he called at the house and said that he had now seen the light—that was a reference to one of the newly-interpreted statements made to him when he had been in her service, and he would not oppose her for one minute—in his letters to her I have more than once seen the expression, "I now see the light"—in one letter he says, "You know in your heart I did not see your meaning. Could I have treated you so? Reason with yourself"—he has told me
the meaning of those letters—the interpretation he put upon "Have seen the light" was that he then understood the meaning of certain remarks which she had previously made; he thought that certain things she had said to him were that she wished to convey the impression that he might have immoral intercourse with her after he saw Taylor, and then he put that construction upon it, and then he said that he had seen the light—I have presented a copy of this report to the Treasury solicitor—I should like to say I am asked to give my impression—(MR. JUSTICE HAWKINS (directed the witness not to interfere as a partizan)—I am not a portizan, all I want to imply is that I was asked to give my opinion—I incorporated the impression on my mind in this scheme—I asked him how he had been sleeping—he said, "For a few weeks badly, and I could never get that woman out of my mind"—I judged from the expression that from November the feeling seemed to have been increasing—in those letters he makes frequent allusion to offending her—he told me that the offence was his in not comprehending her when she made solicitations for immoral intercourse, that he had failed to understand her—he said that the knife was one which he had kept in his possession while he was in the workhouse, and he had been accustomed to carry it in his pocket in a sheath, and he carried it in his pocket on previous occasions to April 17th—as to the door being slammed in his face he said, "I walked about the street after in a state of madness, I could not hold myself, I was so much upset. I had a few pence, with which I bought a drink, a small quantity of beer, my mind is much clearer to night Now I know she is dead my mind is much clearer"—I have been a practioner thirty-five years, and have come to certain conclusions—(MR. JUSTICE HAWKINS declined to admit the witness's conclusions at present)—I have an opinion as to his sanity or insanity at the present time, and have sent those conclusions to the Treasury, contained in the report which you hold in your hand, and am prepared to give them.
Cross-examined. It was on May 13th that I first saw the prisoner, and he was then in prison—I have no reason to think he knew for what object I had come to examine him—he had no indication even that I was a medical man, until near the end of the interview—I did not give the indication—I felt his pulse and examined his eyes, and he may have come to that conclusion—he told me a great deal about his life, that he had an attack of delirium tremens twenty years back, and of the last attack, and I particularly asked about the date—I could not obtain his family history—I should say his father died when he was twelve, and his mother has been dead for thirty years, and he had a number of brothers and sisters, whom he had not seen for years—there is no history of his family to be given by anyone with whom he has come in contact, so far as I know—my impression is that he was speaking the truth—his memory was good—he did not make any reference to the knife on April 17th—he only said that it was his custom to carry the knife—I think there is no doubt that he knew that the act had been committed with this knife—he told me that it was one which he used while he was in the workhouse, for the purpose of disjointing bones, and always kept it for his own use—I thought that statement was true—one
could only judge from the behaviour of the man—it would influence my opinion if I found he was making untrue statements with regard to that knife—I have no reason to doubt that he was speaking the truth to me—he never attempted to exculpate himself—it is my business to be alive to all such things when I examine persons, and I have been examining them for years—that had an influence on my mind with one element—he said that he had thrown the knife down an area in an adjacent street—his expressions were that he had gone to the house that morning, and was greatly upset by having the door slammed in his face, and how he walked about the streets in a state of madness, and could not hold himself, and having eightpence or tenpence in his pocket he went and bought liquor—I did not ask him how much he spent in getting to London—he told me further that he had had one other glass of beer with a man he met, who gave it to him, and one glass he bought himself, and that he did not recollect going back to the house, and recollected nothing about the occurrence; he did, however, recollect the throwing away of the knife, and, I presume, the killing of the woman—he went back to the workhouse and confessed that he had killed her—I said, "You told the porter where you were going to, and that you were going to settle the matter, and he said, 'Well, if I have killed the woman I have settled the matter"—may I be allowed to say that I go as a friend of the Court to form an opinion—I was asked to give my opinion as to his mental condition—he said that his mind was a blank before it was done, and he remembered the conversation when he came back—that is very common; it is a well-recognised phase—there was no reason why I should not accept his statement—I have never used the word "delusion."
By MR. GEOGHEGAN. Loss of memory is a phase of transitory maniacal attack, and in those attacks homicide is often committed—I have heard that eight wounds were inflicted with great force—it is a common occurrence to have many wounds committed by an insane person—I have no reason to think that the prisoner kept anything back from me—he was perfectly frank, he made no attempt to excuse himself—he is decidedly not a man of good physique.
DR. JAMES SCOTT . I am medical officer of Holloway prison—according to the regulations of the prison, since the prisoner's admission on April 18th I have had him under close observation—he was at once taken to the infirmary—I have frequently visited him—I have been supplied with the whole of the evidence given in Court, and I was in the Court on Saturday, and I have read the nine letters admitted to be in his writing—I have had several conservations with him as to the crime he has committed, and as to certain expressions used in these letters—in which the name of Taylor has frequently cropped up—I understood Taylor to be a day deputy at 9, Dyott Street—I have also conversed with him about the character of the deceased—he said that Taylor was in the habit of persecuting him while they worked together—he told me that one or two nights before Taylor was dismissed from her service, he met him and that Taylor stated to him that he had had improper relations with Miss Byrne all the time he had been in the house, and also that Miss Byrne had made improper overtures to the man Darkin, and that other lodgers had made similar statements—he did not specify them—I asked him, but he could
not give their names—he said that these statements had made him alter his opinion as to her being a moral and Christian woman—I have had copies of the letters—I have heard him speak of the wrong he had done to Miss Byrne in the letters—he said he knew he had offended' her—I have had several conservations with him about the letters—I asked him for an explanation of the expression in the letter of November 29th, "You know in your heart that I did not see your meaning"—he said he would apologise for not having understood her when she made improper overtures to him—I asked him what he meant by the words, "I assure you I am very much hurt to hear that I hurt you; it is entirely my own fault. You tried all you could to show me the light"—he gave me the same explanation as before, that he did not see what her meaning was—(To other questions he gave replies to the same effect.) I asked him if he had any hope or expectation of marrying Miss Byrne—he said "No," he had no such hopes—I asked him the reason for writing such letters—he said he was desirous, if possible, of getting into her employment again, that he might have further opportunities of having connection with her—I asked him as to his visiting Miss Byrne on the day she was stabbed—he said because she had slammed the door in his face—he said that it drove him mad—he said, after having sent her such a nice letter he ought to have had an answer of some kind—he said if she had only told him quietly that she did not wish to have anything more to do with him he would have gone away satisfied—I asked him if he had taken the knife with him on purpose that morning—he asserted that he had not done so—he said, "I did not know it was in my pocket till some time after I had left the workhouse"—that he was in the habit of carrying this knife in. his pocket—he said he had been a sailor, and had left the Navy in 1867—that he was in the habit of using the knife in the cook-house, and putting it in his pocket and taking it away with him—his answers to my questions gave me the impression that they were sincere.
Cross-examined. He appeared sensible on other topics far from this one—his answers were connected and sensible—he knew, of course, that I was the prison doctor—he was not informed of Dr. Bastian's visit—his visit to him was next day—he told me he was in the habit of using the knife for disjointing—I have seen the knife—I have noticed its peculiar shape—it has been sharpened to a point—I mentioned that—he said he did not remember any sharpening of it—it was my impression that he had been in the habit of using it for the purpose of disjointing—I asked him if he had sharpened it the day before leaving the workhouse—he said he had no recollection of having done so on that day—I did not call his attention to touching the knife on the Saturday—I asked him about his saying that he was going to settle the matters—he said that he could get no answer, one way or the other, to his letter—he told me that he went and drank while the public-houses were open—that would be till one o'clock, but he said till closing time, three o'clock—he did not tell me where the first public-house was, but he told me as to the last—that was the only one—I asked him if he had gone back to the house, and he said that after leaving the public-house he had no clear recollection of what occurred—he told me that he had thrown the knife away down the area of a house near—that was all he said—he. did not tell me what time
that was—I asked him, but could not get him to fix any definite time—I pressed him frequently—he said that he realised that he had done something wrong, and threw away the knife—he interpreted the word "settled" that the woman being dead, the matter was settled—I think he realised the fact that he had killed the woman—the conversations with the police are highly important, as revealing the condition of his mind, and evidencing that he had done something wrong—the expression, "I hope she is dead" is evidence that he knew what he had done, and showed signs of satisfaction that she was settled—he said that he had no recollection of having a knife, till after he left the workhouse on Sunday morning; no recollection of having brought it away—he said, "I did not know it was in my pocket till some time after I left the workhouse. I was in the habit of carrying it in my pocket"—Serjeant Blyth's statement that the prisoner said, "I brought the knife away with me from the workhouse" does not shake me at all—his saying, "My mind was not clear till I was coming along the road, and heard that she was dead" was a very important expression.
Re-examined. He said that he could not be certain how much money he had when he left Edmonton Workhouse—it might have been 10d. or 1s., not more—he always answered that he had no recollection of throwing the knife away—I said that he knew that the knife would be sure to be found, and therefore he tried to conceal his crime—I assumed that he knew that the knife would be sure to be found—my idea was that it was a temporary feeling, and he made no attempt to conceal it—his saying that his mind was much clearer, and that the letter would explain all, conveyed to my mind that he thought that the letter would give an explanation of how he came to kill the woman—after a crime has been committed the mind of a criminal becomes much clearer—that applies to most classes of crime, it is not unfrequently a characteristic—he has not tried to hide anything from me from first to last, to the best of my judgment he has told me everything he remembered, and has not tried to mislead me.
By the COURT. He said that he met an old friend in Catherine Street, Strand—he said nothing to me about the Albion public-house at the corner of Vernon Place—he did not tell me he was by it or at Broad Street, Bloomsbury, and I did not ask him.
EDWARD JAMES POCOCK FRANCIS . I keep two licensed houses—there was service at the one in Dyott Street at 3.30, and when I moved the service began at the same hour—it was the prisoners habit to come down to Red Lion Square—the door was usually open, it was always kept on the jar—that is, the latch was fastened back, and anybody could enter—we almost always found the deceased waiting for us at the door, and it was her habit to come with us to see that the rooms were right—that was the basement—then she moved herself and sat on the door step on a level with the front door—she received us in that way on April 17th—she would be visible to anybody outside when she came to the door—that was her habit at Dyott Street as well—they are different structures, but both on the same principle—there is no inner door at Dyott Street, but there is at Red Lion Street, you go in at an inner door there and into the passage—the service at Dyott Street is
held in the front kitchen, and it was her habit to be there on our arrival, and take a seat at the top of the stairs—instead of a door at the top there is a door at the bottom—in each case she put her feet at the bottom of the stairs—it is built on a certain principle—I have been out and in for the last ten years, night and day.
GUILTY — DEATH .
The Prisoner: All I have to say is that she was the vilest hypocrite that ever breathed.
391. CHARLES BATSON (23), Feloniously shooting at George Fisher, with intent to murder him. Second Count—To do grievous bodily harm, also shooting at Alfred Gould, with intent to prevent his lawful apprehension.
MR. GEOGHEGAN Prosecuted, and MR. PURCELL Defended.
GEORGE FISHER . I live at 21, Upper John Street, Hoxton, and am a marble polisher—I have known the prisoner for some time, and about a month before April 2nd we had a row because I thought he was going to take liberties with my wife—that passed over, and on April 2nd, about nine o'clock p.m., I was in the Griffin public house in St. Leonard's Street, Shoreditch—on coming out I saw the prisoner standing outside, he said, "Hullo, how are you going on?"—I said, "Wait till my head gets better, and I will show you how I am going on for what you have done to my head"—he had wounded my head with a penknife—because of my wife—I had been in the London Hospital—I told him to wait—I said, "You have got a revolver"—he showed me that—he said, "Yes"—so I said, "You know what to do with it"—he said, "Yes"—he was about half a yard from me then—he put his hand inside the right pocket of his overcoat and took out this revolver (produced)—he fired two shots at me—the first passed me on the left side—he aimed at me, and the second hit me in the chest—I was taken to the hospital, and have been a patient for five weeks and two days.
Cross-examined. The stabbing business took place about a month before April 2nd—before that I had not been able to see my wife for about six months, and during the time I could not see her the prisoner could, and when I did see her I thought he had been too friendly with her—on the evening the stabbing took place my brother was not there—I am sure of it—my brother and I have been on very friendly terms—on one occasion I stabbed my brother—we were larking about—the prisoner did not say, about a month ago, when we were together, "Mind, you have stabbed him," referring to my brother; nor did I then draw a penknife, and this man did not draw his knife then and stab me—he did stab me—my brother did not say, "Be careful; do not stab me"—I was not in hospital for a month, only four days—the stabbing did not make me more friendly with the prisoner, but I did not want to charge him—when I came from the hospital I did not let people know I was waiting about for him—I know a man named Egham—I did not tell him I was waiting about for him—I let the whole thing drop—on April 2nd I had been in the Griffin public-house about half an hour, and I came out and saw the prisoner, but I did not call him some bad names—I did not say to him, "I will kill you"—when he spoke to me it was not in a friendly way—I said, "Never mind how I am getting on, when my head gets better you will know"—I meant I should give him a good hiding for what he
had done, and he should give me one, not with anything that came handy, but with our fists—I meant a fair fight; I then said, "You have got a revolver to shoot me with"—people had told me he had a revolver—I had not told them that it would be bad for the prisoner when I met him—my hand was not getting near my pocket—it would not be true to say I was slipping my hand near my pocket as if to take a knife out—the revolver was first aimed at my head—he was close to me—he said, "Take that," and then pointed it at me and fired—I have been away from the doctor a week—I have not quarrelled at all with my wife—she has not had any black eyes to complain of.
DAVID FRANCIS . I am a pensioned police officer—on April 2nd, at 9.30 p.m., I was in the kitchen of my house—it looks over the Griffin public-house—I looked out of the window, and saw a man, dressed in a long coat, fire two shots at Fisher—I did not recognise the man quite—he walked across the road to Willow Street—he went about twenty or thirty yards across first, and then back towards Great Eastern Street—I know a police Serjeant named Gould—he came up, and I called out to him, "That is him, going there, with a white cap on"—he had a white cap on—the prisoner started running, and Gould ran after him into Garden Walk—I saw a flash from a pistol in Garden Walk, and I saw Gould fall down—Gould is in active service in the G Division—it was the same man who fired at the prosecutor that fired at Gould—he ultimately escaped.
Cross-examined. There was no one else running after the prisoner then—my window is second from the level of the street—when I saw the flashes outside the public-house the man walked away, not fast—there was an alarm made after him—there were not many people there—I have not seen it quieter than it was then—when he walked away he was followed by some people, but they did not know who it was—he walked through some of them—they were perhaps 200 yards from me when I saw the second flash.
ALFRED GOULD (Serjeant, G.) About 9.30 p.m., on Saturday, April 2nd, I was on duty in Leonard Street—I heard two shots, one after the other, and went in the direction—from what I heard I went into Great Eastern Street, and saw the prisoner running towards Garden Walk—I gave chase, and threw my walking-stick at the prisoner, striking him about the legs—he turned half round and appeared to point at me with a revolver, which he had in his right hand—about a minute had elapsed from the time of my seeing the prisoner and his pointing at me—the revolver was discharged—I was not hit—I heard something go past my ear—I continued to follow the prisoner into Rivington Street—I lost sight of him there—on Sunday I saw the prisoner in custody—I have known him for years—I told him he would be charged with shooting at George Fisher with intent to murder him—he said, "I was in drink at the time"—I then said that he would be charged with shooting at me to resist his lawful apprehension, to which he made no reply, neither did he when the change was read over to him—the policeman Macklerick showed me a revolver.
HENRY MACKLERICK (G Division). I am a plain-clothes constable, and, from information I received, at four o'clock on Sunday, April 3rd, I went to St. John's Road, Hoxton—I saw the prisoner, and said, "Is your
name Batson?"—he said, "Yes"—I said, "I want you to come to the station with me"—he said, "I suppose it is over that row with Fisher. Fisher put his hand into his pocket as if to pull out his knife, so I thought I would be first, and pulled the shooter out and shot at him. There is the revolver on the table"—it lay there and these two bullets were by the side of it.
Cross-examined. It is a central fire revolver, but there is no stamp on it.
ARCHIBALD ROBERT JOHN DOUGLAS . I am house surgeon at St. Bartholomew's Hospital—the prosecutor was admitted on the night of April 2nd—he was suffering from a wound in the side of the chest caused by a bullet—we have tried the Rontgen Rays, and have ascertained the position of the bullet—it is still there—for the first day or two he was in a considerable amount of danger—he has now recovered completely—he is not likely to suffer from the bullet now—he might—it is lodged in the lower part of his chest.
The Prisoner's statement before the Magistrate: "I reserve my defence and call no witnesses here."
GUILTY of shooting at Fisher with intent to do grievous bodily harm .— Six Years' Penal Servitude.
OLD COURT.—Saturday, May 21st, 1898.
Before Mr. Justice Hawkins.
MR. SYMMONDS Prosecuted.
ARTHUR PHEASANT . I live at 42, Exmouth Street, Clerken well—I am a packer—the prisoner is my brother—my wife and I occupy two rooms on the second floor—the prisoner lives with my mother at 16, King's Head Court—on Saturday, April 30th, I was charged at the Mansion House with assaulting ray mother—on Monday, May 2nd, I was discharged—on that day I, my wife, and the prisoner had two glasses of beer together, and we apparently parted on friendly terms—I saw no more of him till the evening—at 8.20 p.m. on May 2nd I and my wife went out and came back at 11 or 11.10 pm., when we found our rooms completely burnt out—when I went out a lamp was hanging in the front room on the wall, where it always was; it was not alight—there was another lamp hanging in the bed-room, the back room; that was not alight.
Cross-examined by the Prisoner. You came to my place at 8.30 a.m. on Monday, May 2nd, to go as a witness for me, you said, and we and my wife went; but mother did not appear to press the charge, and it was dismissed—then we went to St. Martin's Lane and drank, and met the lodger—I occupy three rooms, only two were burnt—I was only asked about one lamp at the Police-court—the lamp found under the bed was the one in the front room—my wife found it—it is a tin lamp—I heard that you were supposed to have set the place on fire at 8.30 or 9 on Tuesday morning, May 3rd, when Rose Gillard told
me—I lived in Laystall Street previously in the name of Lewis—I did not live with my wife as widow and son—I did not pull down gas brackets there—a woman there had a fit, but not in consequence of my pulling down gas brackets—I did not have to leave because of that.
CHARLOTTK PHEASANT . I am the wife of Arthur Pheasant, and live with him at 42, Exmouth Street—between 8 and 8.30 p.m. on May 2nd, I went out with him—we returned about eleven, or it might be 11.10, we found our rooms all burnt out—there were no lights alight when we went out—the next afternoon, about four or five, I found this lamp at the foot of the bed, as if it had been shoved there—I did not think to look for it before—we did not sleep in that room on the Monday night—this lamp had been hangingon the nail near the door between the two rooms.
Cross-examined by the Prisoner. There was only one tin lamp down-stairs; the other was in the room up-stairs—my husband does not know anything about the lamps—this was in the front room—this lamp is just as they took it away—I have not seen it since—I heard from Rose Gillard about 9 a.m. on Tuesday morning—that was after I saw you and your husband—I did not know you had done it then—I lived with my husband at Laystall Street previous to this—not as widow and son, but as man and wife—we got turned out of there through you—it was not through my husband tampering with the gas-brackets—I had to have you ejected from my house two or three times.
By the COURT. I found this lamp at the foot of the bed, just as you go in from the front door—the bedstead was iron—it is bent all manner of shapes with the heat—the lamp was not under the bedstead—you could see it directly you went into the room.
Re-examined. There was another little lamp on the second floor.
EDWARD GEORGE TYLER . I am a jeweller, of 42, Exmouth Street—Arthur and Charlotte Pheasant lived on the second floor there—on Monday, May 2nd, I was at home—about 9.20 or 9.30 p.m. I opened the street-door to the prisoner—I knew him before—he just passed me at the door and said "Good evening" and went in—I cannot say if he went upstairs—my sister was in the house, and that was all I knew at the time—I went out at the time I let the prisoner in, and did not know what happened till I returned.
Cross-examined. You were in the habit of going up and down stair: to your brother's place—it was nothing unusual to let you in.
By the COURT. When I went out I left him in the house—he did not ask for anybody—I had been in the habit of seeing him come in and out—he was partially drunk.
ROSE GILLARD . I live at 16, King's Head Court, Shoe Line—the prisoner lives with his mother in the same house—on Monday evening, May 2nd. about 9.15 or 9.20 he called out, "I am going to set a place alight"—he was then going down the stairs—I was indoors—he went out then—he came back about 9.50—I was outside in the court by myself—he was up at the window, and he called out, "I have been round to 42, Exmouth Street, and set the place alight by putting a lamp under the bed."
ANNIE GILLARD . I am the last witness's sister, and live at 16, Kings Head Court with my father—on Monday night, May 2nd, I was sitting at the window on the first floor about ten o'clock, when the prisoner, who
lived on the second floor, called out at his window, "Do you want to see a fire"—I was looking out at the window, and a good many others were looking out at the same time—he could see me—he called out generally—he then said, "I have been round to my brother Arthur's place at Exmouth Street, and set it alight by putting a poraffin lamp under the bed."
Cross-examined. I went to see the burnt rooms about 8 p.m. on the Tuesday—my sister was not looking out at the window—she was down-stairs—she came up about 9.20, and told me you said you were going to set a place alight—we don't know the exact time.
By the JURY. Neither I nor my sister have had a quarrel with the prisoner, nor have we been on bad terms with him, nothing to speak of—the prisoner was drunk at the time—I threatened to summon him once for insults—we were on good terms, only, when the prisoner was drunk, he was such a vile man it was not safe to stay in the house with him—he uses such vile and offensive language.
ALBERT WARNER . I live at 37, Sedgmore Place, Clerkenwell, and am a printer—on Monday evening, May 2nd, I was standing in the passage of 16, King's Head Court, when the prisoner, whom I knew before, said, "Do you want to see a fire?"—I said, "No"—he said, "I have been round to my brother Arthur's place and set it on fire"—I thought he was only joking; he then went up-stairs.
Cross-examined. It was about ten o'clock the prisoner said this—I was not with those gathered there, but by myself.
ALICE KATE TYLER . I live at 42, Exmouth Street with my brother—on Monday, May 2nd, I was at home all the evening—I did not see the prisoner—about 9.15 or 9.30 I heard some one going along the passage up-stairs—some one knocked at the door and told me of the fire—there were in the house, besides myself, three children in bed in the room underneath where the fire was—they were there until the fire broke out.
By the COURT. I did not see the person who went along the passage—it was the passage by the side of the shop, as you enter from the street—the part of the house that was burnt was up-stairs.
By the JURY. I heard no one else enter the house—the children sleeping down-stairs were aged four, three, and eighteen months—I heard my brother go along the passage, and then I heard this man come in—it is about twenty yards along the passage to the stairs—I did not hear anyone on the stairs—I was in the shop at the time.
EVAN WILLIAMS . I am in charge of the Fire-station in the Farringdon Road—at 10.29 p.m., on May 2nd, we received a call to a fire in Exmouth Street—a fire engine and escape were sent, and I went, and found the second floor over the jeweller's well alight—we put the fire out—the back room was most seriously damaged—the fire had evidently originated at the foot of the bed, and had got through the partition into the front room—I did not notice this lamp there at the time—I doubt if it caused the fire—its condition would not be as it is now if it had been in the room at the time—it would have been more damaged—I looked about to see whether I could find anything, and everything in the room was turned over—I am certain this lamp was not there that night—I looked carefully, and I never saw it—it must have been a great oversight if it was there, and I did not see it—I subsequently found the remains of this other lamp in
the back room, near the window, on the floor—I cannot say whether this lamp caused it, but it is quite possible it was in the room at the time—I first saw it after I had given evidence at the Police-court—I did not see it when I first went—it may have been there, although I did not see it—it was five or six feet from the bed—it was not under the bed—it may have been removed by our turning over the abbris—material gets moved about from one end of the room to the other very often, and the water might have shifted it—I should think this second lamp has been subjected to the action of a great deal of fire—it was lying down—the room had been played on by the hydrant, and the water might have moved it—I was the first one to enter the room after the fire—I did not see either Jampthen—I made another examination on Wednesday, between one and two, after I had been to the Police-court—the first lamp might have been knocked off the nail where it was by the jets cf water.
GEORGE GODLEY (Serjeant, G). On Tuesday, May 3rd, I saw the prisoner in custody at King's Cross Police-station at 8.80 p.m.—I said, "You will be detained here on suspicion of setting fire to 42, Exmouth Street"—he said, "I own I went there, but I was drunk at the time"—I charged him at nine o'clock the same night, after making some inquiries and getting witnesses—as the inspector read over the charge to him he said, "Yes, yes, yes" to each sentence—the charge sheet is at the Commissioner's office—the charge was read from the paper.
EVAN WILLIAMS (re-examined.) When I went to the room on the Wednesday the things had been turned over by my men—I never saw the tin one—it may have got to where Mrs. Pheasant found it by the shifting about—I do not think it was in the room where the fire took place—the engine left about 11.10 en the Monday night, leaving two men on duty, who left at 1.30 a.m.—after that anybody could have had access, I think—I had nothing more to do with it.
E. G. TYLER (re-examined). When the Pheasants came home that night I would not allow them to go upstairs—I can explain about the first lamp—I asked the fireman when I came home if I could have a look round, and I went up with him and found the tin lamp in the front room, and the fireman picked it up and showed me the fire, and I threw the lamp down again out of the way—where it went to I don't know.
CHARLOTTE PHEASANT . (re-examined.) My husband has had no quarrel with the prisoner lately that I know of—we left home between 8 and 8.30—the person down-stairs went out with us—we were in St. Martin's Lane at nine—we were not insured—Mr. Tyler has lent us a bed, bed-stead, table, and two chairs.
The Prisoner, in his defence, asserted his innocence, and contended that there was no evidence to show that he had set the place on fire.
NOT GUILTY .
Before Mr. Justice Hawkins.
MR. WARBURTON Prosecuted.
ELIZABETH BRABBEN . I live at 5, Wood Street, Leytonstone, and am the prisoner's wife—for the last three months we have lived apart—on Saturday, April 30th, about 12.30 p.m., I went to Temple Mills, Leyton, where he works at a dust pit, sifting dust—I asked him for "five shillings for the baby's money—he had made an agreement to pay for the baby—he had been bound over to keep the peace—he told me to go away—I refused to go—he told me again to go away, and then he fired with this gun—he was about eight yards off—the shot hit me in the breast—I was standing on the bank—I then jumped down into the pit to get away from him as he was coming towards the bank—he fired a second time, and I was hit in the back and arm—I then fell on the ground—I was picked up by two young men, and then taken home and seen by a doctor—I had a blue paper on me, but I did not show it to the prisoner—the doctor extracted the shots the same day.
Cross-examined by the Prisoner. I did not show you a blue paper, and say you would have one of them on Monday, and would have to appear on Tuesday with it at West Ham.
By the COURT. He had the gun in his hand before I got there—he told me to come down on the Saturday by myself for the baby's money—I took no notice how he was holding the gun.
WALTER HORNET . I live at 31, Ainsworth Place, Stratford, and am a labourer—on April 30th the prisoner was working for me at this dust-shoot—the prosecutrix came there about 12.30 p.m. with a bit of blue paper in her hand—she said, "You will get this on Monday or Tuesday; mind, it is 7s. 6d. you owe now"—he said, "It is not 7s. 6d., not before next week; I shan't pay at all; there is another bloke living with you "—she said, "You can stick your gun up your b—h—; you have broke the peace and threatened to shoot me, do it, shoot me, go on. There are two or three chaps waiting down at the gate to give you a good hiding when you go home"—he said, "Go away"—she said, "I shan't go to please you"—that was all that was said—I heard a shot about two or three minutes afterwards—I did not see it, I was round the bend—after the shot the woman ran towards us, we went to help her, and she jumped down the bank over our heads—the prisoner ran with the gun in his hand round the top of the bank in the direction she was going—the prisoner fired, and then she staggered—two young men went to her assistance—the gun is mine; it is a twelve-bore choke gun—it was a habit of the prisoner to have the gun in his hand examining it—I pay him to work—when I had not got the gun he used to handle it; pick it up and and open it—he shot tins and rats with it—I did not find him a gun licence—I took one myself—I took the gun there to test it—rat shooting was a regular practice of ours.
By the JURY. I had this gun out two or three times a week while I was at work—not everyday—rats are there every day—it was too expensive to have it out every day—I did not know that his wife was coming on this day for five shillings; that was not the reason the gun was there—I saw the prisoner fire the second barrel—I ran and tried to
stop him—we ran after he fired the first shot to help her—I have had this gun about a month—the work at the pit has been going on for two years—ever since twelve I have had a gun.
ARTHUR EDMUNDS . I live at 12, Edith Road, Stratford—I was at the Temple Mills dust shoot on Saturday, April 30th, about 12 30 p.m., and saw the prisoner there with a double-barrelled gun, and I saw his wife—there was some conversation, and I saw him fire both shots—I went to her assistance, and sent for a doctor—she was taken home.
WILLIAM RELMILL . I am a labourer, living at 58, Grove Crescent Road, Stratford—I do not know the prisoner—on April 30th, about 12.30 p.m., I heard a gun fired, and I saw the woman jump into the pit—I saw the second shot fired—I came up to her assistance and helped her home—I was working at an adjoining place—I heard her scream before I helped her.
JOHN HOWITT (Serjeant, 35 J). On Sunday, May 1st, I was on duty at Leyton Police-station, about 10.50 p.m., when the prisoner came into the station, and said, "I have come to give myself up for shooting my wife, Elizabeth Brabben. I am Samuel Robert Brabben"—I said, "Sit down"—I sent for Serjeant Burgess—the prisoner was then taken into custody, and Burgess charged him with feloniously shooting his wife, and cautioned him—the prisoner then made this statement, which was taken down by Burgess, and read over to the prisoner, who signed it: "She came to the dust shoot and showed me a piece of blue paper and said, 'You need not pay any more money as I have got you set, and you will have one Monday to appear on Tuesday, and I can have a solicitor if I like.' I said, 'Go away, go away,' but she would not. The gun was in my hand. She said, 'You ought to have a gun" (using a filthy expression), "and blow your brains out. I am not here by myself, and will see whether you are going to fight my brother Tom.' I said to her, 'I hear you are living with another chap.' She said, 'He can keep me, that is more than you could.' I then raised the gun and fired. I then came on the bank and fired again. I then ran away. I am very sorry"—I have not inquired whether she was behaving improperly with other men—I believe Burgess, the officer in charge of the case, has done that.
JAMES CORCORAN (Inspector, J.). From information received, I went to 120, Union Road, Stratford, at two o'clock on April 30th—I saw the prosecutrix being attended by a doctor—I took possession of the clothing which the shots had penetrated—I saw the doctor extract four shots from her back; they were the ordinary shots used for game—I produce the gun and the two empty cartridges—the bank is about 8 feet high.
WILLIAM BURGESS (Police Serjeant, J). On Sunday night, at 11.15, I took down the prisoner's statement at Leyton Police-station—after cautioning him, he signed it—I have only heard as to the truth of the statement about her living with another man from Hornet and the other witness—I was unable to get anyone else to corroborate what he said—Hornet said she said something about living with another chap—I did not speak to Hornet because the statement was taken from him by the inspector—I have seen the prosecutrix and her mother at their house at 120, Union Road—she was with her mother the time I saw her—she was living with her mother—I have been unable to find any man that
she was ever with—I have seen several of her relatives and other people—no one can tell me whom she has been keeping company with, or whether she has been keeping company with anyone.
ELIZABETH BRABBEN (re-examined.) There is no man, beyond my husband, with whom I have been living, keeping company, or had improper intercourse; it is only what the prisoner has been putting about—I did not make use of a filthy expression when I saw him with the gun—I said nothing of the sort.
By the Prisoner. I did not tell you to put the gun—and blow your brains out—I did not say such a word—I did not ask a man to go and live with me.
By the JURY. I did not tell the prisoner I was living with another man, who kept me, and that that was more than he could do.
LEWIS JEKYLL . I am a qualified medical man—I examined the prosecutrix at 2.30 p.m. on April 30th—from the result of such examination, and also from the examination of her clothing, I came to the conclusion that the injuries to the breast must have been produced by the discharge of a shot gun within such extremely short range, that had that shot not almost missed her, it must have ended in the most serious results—in all human probability it must have killed her—it was just over the heart; but it was only the rim of the charge of shot that touched her—the wound in the back was probably almost a miss, and must have been fired at a reasonably short range—her dress body and underclothing were simply shattered and torn away altogether.
The Prisoner, in his defence, stated that he did not shoot at the prosecutrix, but fires the first shot along side of her, and the second right over her; and that he fired only to frighten her, and not with the intention of harming or killing her.
GUILTY on the Second Count .— Twelve Months' Hard Labour.
Before Mr. Common Serjeant.
394. THOMAS SEARLE (25) PLEADED GUILTY to forging and uttering a cheque for £6 with intent to defraud; also, a cheque for £10; also, to embezzling £27 0s. 3d., the money of Alfred Foster Davies, his master, who recommended him to mercy— Six Months' Hard Labour. And
Before Mr. Justice Hawkins.
MESSRS. A. GILL and BIRON Prosecuted and MR. GEOGHEOAN and PERCIVAL HUGHES Defended.
prisoner was chief engineer on the same boat—we have worked together four years and three months—we left work on Saturday, April 9th, about 3 45—we went in a boat from the mooring down to the landing at South Woolwich—he asked me to have a drink with him, which I did—I then left him—that was about 5 or 6 minutes to 4—I don't know where Kidd Street is—I left him in the Woolwich High Street—he was not in any way the worse for drink—we had been working for about 7(1/2) hours.
Cross-examined. There is another ferry boat, the Hutton—the chief engineer on board her is named Tucker—I know that the prisoner went on shore on April 9th to do some private business, and he told me he would call and see Mr. Tucker—the captain of the Gordon is named Young—he would communicate with the engine-room by means of what is called a telegraph—there are two dials in the engine room, one for the port and one for the starboard engine, and orders to ease her, stop her, or go astern, would be signalled on the dial, and those orders would be carried out simply by pulling the lever—when the prisoner was at the levers that would be his duty—those were his duties at times, not always—he had to relieve us sometimes to get our meals—among the Gordon's crew there was nobody called Button, Hitchcocks or Simpson—they are casual hands.
Re-examined. During the four years I worked with the prisoner we had moved from one boat to another—I have been with him all the time—besides having to move the levers he has to supervise the whole of the engine-room staff, to look after the coal, and to see to any repairs., which might have to be done—when he went to see Tucker he was away about forty-five minutes, but I cannot be positive—the boiler blows off by itself.
GEORGE STEWARD . I live at 19, Kidd Street—the deceased was my wife—the prisoner has lodged with us for six and half years—during that time he had been on the best of terms with my wife and myself—on April 9th I had arranged to go away till the Monday, and Mrs. Cowie, who lives three doors away, should come and be with ray wife—I went to Southminster in Essex—I saw Sando on April 9th—he left me to go to work at five minutes to eight—we had had breakfast together about 7.15—I did not notice anything about his condition—later in the same day I received a telegram, and in consequence returned home by the next train, and saw my wife's body at the mortuary—this revolver (produced) belonged to Sando—I have seen it in his possession several years ago.
Cross-examined. During the six and a-half years we have lived together I found him a quiet, peaceable and inoffensive man—we have been very comfortable together, and we all three lived on the very best of terms—on the front door there is a large lock and a small latch.
By the JURY. My wife was not a quarrelsome woman, and was perfectly sober—the prisoner did not know I was going away—a nephew slept in the house as well, named George Allen Hill.
HETTIE COWIE . I am the wife of William Cowie, and live at 11, Kidd Street, Woolwich—the deceased was a great friend of mine—I was in her company on April 9th from three to four o'clock—I then went back to my house, and returned in about fifteen minutes with a cup of tea for Mrs. Steward—my house is in the same line of buildings as hers—I got as far as
the front gate, and heard Sando shouting as if he was very angry—I rattled the letter-box—I could not the open door without a key—I heard Mrs. Steward calling out "Murder! murder!"—I think from the sounds that she was near the door, and Sando in the middle of the passage—I went next door, to Mr. Dupre's and knocked—I went through the house and jumped over the back wall and went through the back door, and along the passage, and saw Mrs. Steward lying by the front door—her feet were close to the door, and her head the other way—I had to lift her feet in order to open the door—I called Mr. Oowie and we noticed bright sparks and smoke—her blouse was on fire—Mr. Dupre's son came in and we put it out—she did not speak at all—she was alive—she seemed as if she knew me, and tried hard to speak, but could not—she lived about ten or fifteen minutes—we carried her into the room and sent for Dr. Lynn, and she died in my arms—I had known the prisoner about two years, as well as the Stewards—I had seen him at the house.
THOMAS CATTERBY DUPRE . I live at 21, Kidd Street—on April 9th I followed the last witness into Steward's house—I saw the deceased woman lying on her back in the hall—her dress was smouldering—I put it out—there were also some sparks—I fetched my father and a policeman.
Cross-examined. I did not open the front door, it was already open—the house is built like ours—I believe there is only a small lock to the door, a latch-key lock.
THOMAS DEALTRY DUPRE . I am father of the last witness—I was fetched by him on April 9th—I live at 21, Kidd Street—I saw the deceased lying in the passage, after which I went up-stairs and into the room at the back, a bed-room—I saw Sando in the room, standing with his back towards the door, near the dressing-table—no one else was there—I went to him and asked him what he was doing—he was standing doing something to his revolver with his hand—I could not see what it was—I made a rush at him, and I tried to snatch the revolver, but 1 missed getting it—he then said something which I could not hear and put his arm across himself, and tried to fire under his arm towards me—I had hold of his left hand—we had a struggle and I at last got possession of the revolver—I used violence to do so—he tried to get the revolver again, and I struck him with it on the temple—it was all I could do to hold him—afterwards Mr. Prime came to my assistance—I gave the revolver to the police—I have known the prisoner about six and a-half years—I have been in his company frequently—I had seen him on April 8th—I do not remember anything about his manner—he called Mr. Steward into his tea.
Cross-examined. I could not see what he was doing to the revolver in the room—he had his back towards me.
By the JURY. At the time of the struggle he was perfectly cool—the room was his own room.
ROBERT EWINS PRIME . I am a joiner, and live at 24, Kidd Street—on April 9th I went to the house of the deceased woman—she lay on the fronts room floor—Mrs. Cowie was there—I thought she was dying—I went and fetched Dr. Lynn—I returned and went upstairs to the back room on the first floor—I found Mr. Dupre on the floor with the prisoner—Mr. Dupre
was rather exhausted—he asked me to hold the prisoner, which I did—the prisoner said, "Let me get up"—I said, "No, you have done mischief enough already"—he said, "I know I have done it, but you don't know ray troubles. Is she dead?"—I said, "No"—then he struggled to get up, I I held him firmly—he said, "Don't hurt me"—he was perfectly sane and sober, and as calm as anybody could be—I sent a telegram to Mr. Steward.
GEORGE PAWLEY (426 R) I went to this house on April 9th, and saw the deceased just inside the front door on the floor—she was then alive—I do not know if she could speak—I did not hear her say anything—I went up-stairs at once—I heard a struggle, and saw the prisoner being held down by two men—I told him I should arrest him on the charge of shooting—he said, 'All right, I will go with you"—he appeared sober, and as if he understood what I said—Mr. Dupre afterwards gave me the revolver—I took the prisoner to the station.
Cross-examined. He was perfectly calm, cool, and collected.
By the JURY. I should consider him unnaturally cool.
ALFRED GOODALL (Inspector, R.) On April 9th I was in charge of the Police-station at Woolwich—about 5.30 I found the prisoner detained there—I did not see him brought in—I said to him, "Harriett Steward is dead and you will be charged with the wilful murder of her"—he replied, "Yes, sir"—I searched him and found two bottles of pills on him, and referring to them he said, "You may keep those for me. It might do a fellow good before he gets the rope round his neck—I make up my mind to die; that is a certainty"—I wrote that down at the time—I received this revolver from the last witness, and examined it—there were three cartridges in it—it is a five-chambered revolver, and two chambers were empty—I produce this box of cartridges—it was given me by constable Duffin—there are twenty-seven cartridges and two empty cases—I went to 19, Kidd Street about 7 o'clock the same night and examined the front room on the ground floor—the kitchen table was overturned, and blood marks from the small chain near the sofa to the door, and was on the door itself close to the lock; there were also marks along the passage on the right side up to the street door.
Cross-examined. These cartridges are Eley's 380—they are sold in boxes of fifty—the prisoner has had them for a long time—they are covered over with a kind of war—I cannot say if he has had them for more than a year.
EDWARD LYNX . I am a registered medical practitioner, of 638, Woolwich Road—on April 9th I was called to see the woman, who has since died, at 19, Kidd Street—it was between 4.30 and 4.45—the woman was alive then, but she could not speak—she died within ten minutes of my arrival—I noticed the singeing on the front of her dress—after she died I went upstairs into the back room and found on the table a box of cartridges and three empty cases—they were given to the police—on April 12th I made a post mortem examination of the body—I found three bullet wounds—one in the bosom, 2(1/2) inches below and on the inner side of the right nipple—I found this bullet—(produced)—the second wound was between the posterior border of the scapula and the spine on the right side—I found this second bullet (produced)
embedded in the head of the eighth rib—that it might have ultimately caused death—the third wound was in the shoulder-blade—that was more in the back—I found that bullet—it entered the left lung and caused death—I should say the pistol was fired very near—I cannot say how near—I should say all the wounds were caused at the same time—there was no fire from the other shots—I have seen the empty cases and they correspond with the ballets I found.
HETTIE COWIE (re-examined by) MR. GEOGHEGAN). I had to remove the deceased before I could get through the front door—I believe there are two bolts to the door, top and bottom—they were not bolted—there is a latch-key lock and a large one—I opened the door by pulling the latch-key lock back.
Witnesses for the Defence.
CHARLES DAVID YOUNG . I am captain of die steam ferry Gordon, in which the prisoner was first engineer—on the morning of April 9th I had to speak to him about some coal—he was in the officer's cabin—he was smoking his pipe, and his head was down between his hands leaning on the table—I told him I could not have the coals worked down in the bunkers at both ends of the ship at the same time—he said, "Don't worry me, captain, my head is so bad"—I am certain those are the expressions he used—I have known him complain about conspiracy many times—he complained that people were trying to get him out of his job as chief engineer—to hold that position a man must have certain certificates—he said his under officers were trying to get him out—so far as I know there was no truth in that—I do not engage the men—the London County Council does that—I am certain they are qualified men, because they hold the engineers' certificate—none of the other men in the Gordon held the certificate for chief engineer—the prisoner was always sober on duty—the crew treated him with respect—he was not a butt—he was eccentric, and suspicious—he was always good for a bit of fun—he told me he was fifty-nine—it is a standing rule that they leave at sixty, but if are they fit to carry on they are not dismissed.
Cross-examined. The prisoner said people were trying to do him out of his job—some people do try to do others out of their jobs—it would not be likely that he would lose his job when he was sixty—it is a rule that at the age of sixty those men who are working in the Council should be dismissed if they are not able to do the work—the question of keeping him on would be considered by the Council—he might have been superannuated—we have worked together about seven years—he has done his work efficiently and well—nothing he said to me has caused me to make representations to my superiors.
Re-examined. He has two other engineers under him—they are not always present in the engine-room when he is there, but generally—we have what is called a double engine—if anything went wrong it could be detected immediately in the engine-room—not necessarily by him, but by the staff—a most important part of his duty would be to see to the steam pressure in the boiler—we could not have an explosion, we have a safety valve.
I was going into the engine-room by the starboard door, and he was standing there—I said, "Good morning, gaffer, what are you doing on board my boat?"—he said, "Oh, I have come to apologise"—I said, "Apologise! What for?"—he said, "I ought to have seen you every day in the week—I said, "What, for?"—he said, "Well, I hope you are not; offended"—I said, "Man, I have nothing to be offended about"—he then said he had had a lot of trouble, and he could not come to see me owing to his pumps being out of order, and he had forgotten to post a letter, and that he would come with me to the Blackwall Tunnel the following week, there was nothing for him to apologise about—he was holding me by the collar and shaking me by the hand several times, as if he wanted me to make friends with me—he had done nothing to offend me—I could never look at his eyes—I could not catch them—I wanted to see how he was, but I could not look into his face—I have only been on board the Gordon once.
Cross-examined. I have known the prisoner three months, and have been on the best of terms with him—sometimes two or three weeks would pass without my seeing him—he had never been on my boat before that morning—there was a visit for the engineers of the Woolwich Ferry to see the electric lighting—it had been arranged for some of us to go—I broached that myself to separate him from his moody thoughts—I said, "Come with us. It will be all right after we have been to Blackwall Tunnel"—he said he could not go till he had had his dinner—it was not till the next week—the pumps on his boat may have been out of order, and he may have forgotten to post the letter.
EDWARD JAMES HITCHCOCK . I am engineer at the Pontoon at the Woolwich Steam Ferry—I have been in the service of the L.C.C. about nine years—I have known the prisoner since 1880 or 1882—about 1887 I made a voyage to the Black Sea with him—he has been strange in his manner, and has often asked me the same question two or three times, and shaken hands with me two or three times in one morning for no reason—he has never said anything to me about loosing his job.
ROBERT SIMPSON . I live at Woolwich, and am in the employ of the L.C.C. there—I have known the prisoner about six years intimately—he has had a character of being a quiet, peaceable and inoffensive man—he was treated rather off-handed in a good many ways by his shipmates—he was always afraid of loosing his situation by his shipmates—he said everyone was trying to get his situation, and get him out of his job—hew as not particularly sober—I have never seen him very drunk—not rolling about—I did not see him on April 9th.
Cross-examined. The men under him would play tricks with him at times—I do not think he played tricks with other people.
DR. JAMES SCOTT . I am the doctor at Holloway prison—I have had the prisoner under my eyes since April 11th—I have paid special and close attention to him—I always do so in such cases—I have seen no evidence of insanity during the time he has been under my observation—I have conversed with him from time to time, and have noticed nothing special about his manner or way of speaking—in my opinion he is at the present time sane, and I can see no indication of his having been otherwise at any other time.
Cross-examined. He told me when he was five years old he had fallen down a ship's hold, and that he had pains at the top of his head, especially when he got excited—and also that about twenty years ago he had had a fall and hurt the top of his head—there was one scar on the top of his head—he knew I was the doctor—in the morning I usually want at the same hour, but in the evenings I varied—such cases are always put into the hospital for the purpose of close observation—it is not an un-common sign of insanity to imagine people are leaguing against one—since his arrest he has had a quiet life, free from excitement, which would increase any signs of insanity—I do not remember him saying that his shipmates were trying to get him out of his job—monomania is not much believed in now—there are some persons who can talk rationally on all subjects except one, and sometimes, if you touch on that one subject, you get marked signs of insanity—I did not see any signs in this case—I see nothing in the evidence to make me think he is insane.
By the JURY. It is possible for a man to be sane at one time and insane at other times.
GUILTY of the act, being insane at the time.— To be detained during Her Majesty's pleasure.
MR. STEWART Prosecuted.
JANE BANKS . I live at 36, Lethbridge Road, Lewisham—on March 28th my husband went down-stairs about 6.15 a.m. to get my children some tea, and he came up-stairs and got into bed—I did not see him bring anything up—he asked me if I had got a secret to tell him—he got out of bed again and leaned over the bed, as I thought, to pick up a pipe—he picked up a chopper and hit me on the head with it—I scrambled out of bed, trying to take the chopper from him—I cannot say how many blows he struck me—two or three—I took the chopper from him—I screamed "Murder!" and then my son Leonard came in, and put his father on the bed—I went on to the landing and called for someone, and the boy Hopkins came—he took me to the hospital, where Dr. Thomson attended to me—I am all right now—up to the time of this occurrence my husband and I had lived peaceably together—he was a sober man—a better husband never breathed.
By the COURT. He did not tell me why he did it—I have given him no cause for touching me—he is sixty years old—we have been married thirty-six years—until that morning he had never raised a hand against me—he was very hard working—he was never better than when he was at work—we have five children—all the day before this occurrence he was very melancholy, and he had been so for a long while—he had no trouble or worry to make him melancholy—he had been going wrong ever since he had the influenza—he never had any angry words with me—we always lived as the best of friends—before he got out of bed and got the chopper he asked if I got out of bed on Saturday night—I said, "No. How could I when he was in the room all night?"—nothing had occurred to make me get out of bed that night—he has been under the delusion
for a long while—he has of tea said there was something between me and my children; but, of course, nothing happened—it is only now since he had the influenza that he said such a thing—he had two doctors when he had the influenza, a relieving officer, Dr. Burroughs, and Dr, White.
By the JURY. I have only had one man in my life, and that is the prisoner—no man has paid me attentions or kept company with me—my husband was restless that night, and he has been so for two months past—I have not had a bit of rest through him—he smoked in the night because he could not sleep.
JOHN JACKSON (409 R). I went to 36, Lethbridge Road on the morning of March 28th—I saw the prisoner sitting in the kitchen dressed, except for his coat—there were one or two people there—I told him I should take him to the station for assaulting his wife—he said, "She has been a bad wife to me. She has been going about committing adultery"—I took him to the station—he was searched—I found in his right-hand waistcoat pocket this piece of paper. (JANE BANKS was re-called, and stated that the writing on this paper was that of her husband.) The paper was read as follows: "The reason I have done this crime is on account of my wife committing adultery. I cautioned her, but it was of no use. I have told her what it would come to, so I have put it to an end. Harry knows.") The words: "Harry knows" were there when I took the paper from the prisoner—I do not know if anyone has inquired what they mean—I have not—the local inspector took up the case.
HENRY HOPKINS I live near the prisoner in Lethbridge Road—I have known him about three months—I have not seen much of him daring that time—[ know nothing about his being bad with influenza—I know nothing about his home—I am generally known as "Harry" at home.
DR. THOMSON. I am house surgeon at the Miller Hospital—on March 28th Jane Banks was admitted, and I examined her—I found her to be covered with blood and suffering from shock and in a weak condition—she had 6 wounds on her head; the first was 2(1/2) inches above her fore head, 3 inches long, reaching to the bone, and separating the coverings of the bone for 2 inches; the wound was a curved one, having its convexity backwards—another was near the vertex on the top of the head, and 3 inches from the centre line there was a wound 2 inches in length and 3 inches from the centre line, running backwards; it penetrated to and fractured the bone—some of them were serious wounds—she is now perfectly well, so far as I can judge—I did not see the prisoner—the wounds were of such a nature as might have been inflicted by this chopper, or some other instrument—I think some of them were inflicted by the sharp edge and some by this side.
DR. BURNIE. I am medical superintendent of the Greenwich Infirmary—there is an insane ward connected with it—it is my duty to observe the inmates, and I have observed numbers of persons suffering from mental disorders—I examined the prisoner—he was admitted on April 4th about 12.15 p.m., and was under my observation for about a month—
during that time I had frequent opportunities of observing him—the result of my observation was that I considered he was in his right senses—a police inspector brought him there under the Lunacy Act; he was transferred from Holloway Prison by the Treasury authorities—he seemed in rather a frightened or dazed condition when admitted—these are notes in my writing:—"John Banks, aged sixty years; brought from the Blackheath Road Police-station on April 4th, at 12.45 p.m., by Sergeant Cragg, supposed to be of unsound mind; quiet since admission. 5th—Quiet all day, now reasonable"—he appeared a little frightened and dazed when admitted—people who get into a state of lunacy may very often, by quiet treatment, and being left alone, without anything to irritate them, recover their reason—his quietness after a day or so would be indicative that he was getting better—"Quiet all day on 5th, now reasonable, and says he is sorry for the assault on his wife; also that the assault was unpremeditated; is anxious about her; was visited by J. P. White; passed a quiet night. 6th—Is quiet and comfortable, talks reasonably. 7th—Passed a good night, and kept brighter; much better, and slept better. 11th—Very bright, seems almost happy; a good night, and continues to improve. 14th—Seems quite himself; no delusions, all right as regards delusions, quite sane"—he was discharged on May 2nd—I thought it prudent to keep him from April 4th till May 2nd—if I was satisfied that he was not insane when he was brought in, and that his mind was not affected, I should have kept him fourteen days, and I might have discharged him then—I did not discharge him then—he was not well enough in himself, apart from the brain—during the time he was with me he was quiet, took his food, and did not say much—he did not mention any delusions—I talked to him several times—I asked him if he knew what he had done to his wife, and he said he was sorry for what he had done to her—that was two days after he came in—he had grown quite thin—about April 7th, I asked him if he had been taking anything to drink—he said he had a couple of glasses of beer.
The Prisoner, in his statement before the Magistrate, said that on the morning before it happened lie had dreadful pains in his head; that he had a glass of beer for dinner and another for supper, but nothing to eat; that after he went to bed his head got worse, and he walked the room, as he could not sleep; that in the morning he went to chop some wood; that the pain came on and drove him out of his senses; that he turned and imagined he saw his wife, and chased her up-stairs, and saw, as he imagined, a man standing by the side of the bed', that he began to hammer at her head, and saw the man vanish out of a window, and that he remembered no more till he found his son holding him; that his head had not been right since the influenza, and that his wife had put him into the infirmary at Lewisham, as he was raving mad.
DR. JAMES SCOTT (examined by the COURT). On March 28th the prisoner was brought to me—when there is a doubt as to a prisoner's state of mind he is remanded generally to Holloway for a week's observation; I then furnish a report to the Magistrate, and if it is such a report as in this case the Magistrate sends the prisoner under the Lunacy Act to the workhouse for a fortnight's observation—it is on my opinion that he is so sent—I have no reason to question the truth of the woman's statements
—I should not have allowed him to go away to be put under treatment as a lunatic unless I had thought it was proper treatment—he has been under my observation from May 2nd till to-day—I do not think there is much change in his state of mind from the time he went to the infirmary—I think that that which did occur was the result of that which made me send him to the Lunatic Asylum—I would not take the responsibility of his being at large—there were no particular symptons of drink—a very little quantity might have had an effect on him—in answer to my questions the prisoner stated the circumstances of the case on two occasions—when I examined him on April 1st and May 4th—there was some discrepancies in those statements—in my opinion a man's state of mental confusion satisfactorily explains the difference between the statements—they did not affect my judgment.
The Prisoner, in his defence, repeated in substance the statement he had made before the Magistrate, and added that he was certain he had seen a man by his wife's bed.
GUILTY of the act, but insane, so as not to be responsible at law for his actions at the time .— To be detained during Her Majesty's pleasure.
Before Mr. Common Serjeant.
(399). ELIJAH JAMES BULL (25) , to forging and uttering a cheque for £10 with intent to defraud, having been convicted at Greenwich on September 7th, 1891— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. PARTRIDGE Prosecuted.
JOHN HIGGINS . I am employed at Woolwich Dockyard—on the early morning of April 24th I was at Parson's Hill, Woolwich, and had a word or two of conversation with Mary Burke—I was as sober as I am now—two fellows struck me on my eye and knocked me down senseless, and when I came to I missed my watch and chain and money, and my face was bleeding—Mary Burke said, "Don't run. I know you"—I went to the station.
MARY BURKE . On this Sunday evening I was on Parson's Hill, and met Higgins, and while I was talking to him the prisoners came up, and Me Andrew gave him a blow, he fell on his back, and one had his watch and chain and the other his money—I knew them—I live near them—I shouted after them by their names—I took Higgins to the station, and mentioned their names to a policeman.
Cross-examined by Brill. You both live in Warren Lane, Woolwich.
WILLIAM CLYNE (117 R). I received information from Mary Burke, and names were mentioned—I saw the two prisoners at 9.30 the same evening, and said to Brill, "I shall take you in custody on suspicion of robbing a man last night"—he said, "I have been expecting this, but you can't find any of the money on me; I gave my girl 36s., she has
got it:Mac and me were together at two this morning"—Mc Andrew said, "Yes; that is right"—I made a note of that as soon as I got to the station—they were formally charged, and Brill said, "I am innocent."
HENRY RUTHERFORD (Detective, R). I arrested Me Andrew, and told him he was charged with Brill with assaulting and robbing a man—he said, "I know nothing about it; I was with Brill till two in the morning"—I heard Brill say, "I gave 36s. to my girl this morning."
Cross-examined by McAndrew. You followed us quietly to the station, and I arrested you.
Evidence for Brill's Defence.
THOMAS WEBB . I am a licensed porter, living in Woolwich—on April 3rd I was assisting the deputy at Brill's mother's common lodging house, I and about 11.20 Brill asked me to take a cigarette, and I took one—I fix the time because the deputy told all us chaps to go to bed before his mother came home—he had to be in bed before his mother saw him—I I did not see him go up-stairs.
Cross-examined. Whether he went to bed or not I do not know—the house is at 4, Oakley Yard—it would take twenty minutes to walk from there to Parson's Yard.
ALFRED BRILL . I am a brother of the prisoner—on April 23rd he came into my room witn his boots in his hand to go to bed—his bed-room is two steps from the parlour door—he took his boots off—not to wake the children—he said, "I don't want mother to know I am up"—he said that at 11.30, and went to bed at 11.45—I sleep in the same room—I went to sleep, and he was there when I got up in the morning—I was not examined at the Police-court, I was at work.
GEORGE BARRETT . I am a lighterman, and deputy for this lodging-house—the prisoner's mother keeps it—about 11.25 Brill offered me a cigarette, and I saw nothing more of him after that—I was not at the Police-court, because his mother and brother went, and I had to take care of the lodging-house—his brother could not go because he had to take care of the grocer's shop.
Cross-examined. I have seen McAndrew before—I do not know that Brill said that they were together till 2 a.m.—I do not know at what time he went to bed the night before or the night after, only on Saturday flight, when he left the kitchen at twelve o'clock.
By the COURT. The door of the lodging-house was locked at night—I went to bed about 1.30 on the Sunday morning—about eighteen persons were lodging in the house, all men—no one could get out only by unlocking the door—one lodger could let another out if he chose—my room is up on the second floor—my step-father takes the key of the door between the shop and the lodging-house, and I do not know where it is kept—there was nothing to prevent these boys going out through the shop if they liked.
McAndrew's defence. Two persons who were in the kitchen saw me go up to bed. Nobody knew what time I went to bed. I slept in the next house in the kitchen.
—BRILL then PLEADED GUILTY to a conviction at Woolwich
on August 28th, 1896, and six other convictions were proved against him.— Nine Months' Hard Labour and Fifteen Strokes with the Cat McANDREW— Six Months' Hard Labour and Fifteen Strokes with the Cat .
Before Mr. Common Serjeant.
CHARLOTTE BOYCE . I am a nurse employed at 23, Lonsdale Road, Barnes—on April 18th I paid the prisoner 1s., and he gave me this receipt—(An instalment for taking photographs)—he gave the address 18, Grove Road, Hammensmith, but there is no such address on the paper—I communicated with the police—I gave him the 1s. believing he was a canvasser for the photographic company, and that I could get my photograph at 18, Grove Road.
Cross-examined by the Prisoner. I did not go there to see if there was a studio—I did not go there to meet you the next morning—you were arrested before that.
SAMUEL HUGHES (109 V). On April 19th I received a communication from the prosecutrix and a description—I went along the road and, as the prisoner answered the description, I followed him and asked him where the new shop was at Hammersmith—he said that he had not opened it yet—I took him to the station, searched him and found two counterparts of this coupon—there is a photographer's studio at 215, Edgware Road, but not at Hammersmith.
WILLIAM MORRIS . I am an artist, of 16, North Street, Putney, and managed for a company at 16, Edgware Road—I have only seen the prisoner twice, when he was employed for Wallace last January twelve months to go out with coupons—16, Edgware Road is no longer my address—the prisoner is not representing me now, and he had no right whatever to collect money from the company—they have no place of business at 18, Hammersmith Grove.
FLORENCE TAYLOR . I am general servant at 25, Lonsdale Road—on March 19th the prisoner came there and said that if I gave him 1s. I could have seven copies—I gave him 1s., believing he was a canvasser for the company.
Cross-examined. I did not go there, I went to the Police-station.
The Prisoner, in his defence, stated that after the manager's death these coupons were given to him to collect and that he was allowed to take 1s. for himself on each order, which would have been executed by a man named Jones, a travelling photographer, whose address lie gave.
GUILTY — Nine Months' Hard Labour.
Before Mr. Recorder.
NOT GUILTY .