CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD MARCH 6TH, 1899.
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, March 6th, 1899, and following days,
Before the Right Hon. SIR JOHN VOCE MOORE, KNT., LORD MAYOR of the City of London; the Hon. Sir CHARLES BIGHAM, Knt., one of the Justices of Her Majesty's High Court; the Right Hon. Sir CHARLES HALL , K.C.M.G., Q.C., M.P., Recorder of the said City; ALFRED JAMES NEWTON , Esq., Sir JOSEPH COCKFIELD DIMSDALE, Knt., Sir MARCUS SAMUEL , Knt., Sir JAMES THOMSON RITCHIE , Knt., and THOMAS BOON CROSBY, Esq., Aldermen of the said City; and Sir FORREST FULTON, Knt., QC., 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.
CLARENCE RICHARD HALSE, Esq.
CENTRAL CRIMINAL COURT.
MOORE, MAYOR. FIFTH 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 and Tuesday, March 6th and 7th, 1899.
Before Mr. Recorder.
211. JOHN CLAUDIUS THOMAS JONES (20), PLEADED GUILTY to stealing, while employed under the Post Office, two post letters and four postal orders, the property of Her Majesty's Postmaster-General.—He received a good character.— Twelve Months' Hard Labour. And
212. JAMES WALTER OLIVER FARRELL (23) , to stealing, while em-ployed under the Post Office, two post letters, and four postal orders, the property of the Postmaster-General--- Eight Months' Hard Labour. [Pleaded guilty: See original trial image.]
MESSRS. MUIR and A. GILL Prosecuted, and MR. PURCKLL Defended.
PERCY CORNELIUS PARE . I am a clerk, and live at 11, North Road, Highgate—on Monday, January 9th, I left business about 7.15, and went to London Bridge with a friend, after which I played at billiards till about 12, and about 12.15 I was walking up the City Road going towards the Angel public-house—I waited for a tram on the same side of the road as the Grand Theatre—I was hustled, and received a Revere blow on the side of my head—I remember nothing else—I was wearing a hard felt hat—there is a break in my hat—I cannot identify the persons who caused me that injury; I did not see anybody do it—I was taken to the hospital—I was perfectly sober; I had had three glasses of beer.
Cross-examined. I had not had a quarrel with either of the prisoners—they are perfect strangers to me—the place is a busy one—the Angel was open—I had been there about four or five minutes—I had been playing at billiards at the Horns at Shoreditch—I had walked from there to the City Road—I had not spoken to anybody—I do not remember speaking to a Mr. Swift or coming into collision with him—I saw Taylor at the police-station two or three hours afterwards—I had been at the Horns about two hours and a half—I had not been to any place of amusement.
and was living at the Salvation Army shelter at 31, Fetter Lane—on this night I was near the Grand Theatre, Islington, with a man named Golsborough—I saw Taylor go behind Mr. Pare and strike him across the head with a stick—I only saw them when the blow was struck—we were about two yards away—Cates was standing alongside Taylor Taylor passed the stick to a second man behind him—Pare walked away—I do not know the man who was behind—a policeman took Pare away in a cab to the hospital—we went up to the two men—Golsborough spoke to them—I did not hear what he said—they said to Golsborough, "If you put us away for this job we will shoot you"—I think Cates said that, Taylor was next to him—he must have heard what Cates said—Taylor picked up some mud wrapped in paper, and threw it at Golsborough, who went and told a policeman—Cates and Taylor went amongst some men, and then the policeman asked me to fetch another policeman, which I did—Golsborough pointed out Taylor as the man who hit Pare—Taylor heard what Golsborough said—Taylor was taken to the station—the policeman told us to follow down to the police-station—on the way a boy came and spoke to me, and I turned round and walked a little way back, when Cates and Logdon set about me—Cates started pushing me up towards Islington, and told me to go home—he pushed me in the opposite direction to that which the policeman and Taylor had gone—he told me not to go to the police-station—I ran away, but fell down, and when I got up Cates started pushing me again—I ran away a second time, but fell again, and Cates fell over me, and Logdon came and kicked me—Cates was standing over me; he then punched me in the back twice, and told me to go home again—when I told Logdon I would give him in charge he ran away—a policeman came up, and I gave Cates in charge, and he was taken to the police-station—I was told to attend the Police-court the next day, which I did—I saw Golsborough there, and as we were going out of the court-yard a man came and said something to us, in consequence of which I went towards Farringdon Road—I went again on the Thursday morning alone—I saw Golsborough there, and in consequence of what he said I went away from the court, and went to a beer-shop, where I stopped till the detective found me and arrested me on a warrant—between the Tuesday and the Thursday a policeman had served me with a paper, and had arrested me and brought me before a Magistrate, and I gave evidence.
Cross-examined. I had been out with Golsborough that evening—I had known him about nine months—I was lodging at a Salvation Army shelter—I had not got any regular work—I was going to stop at Gols-borough's house that night—ho was going to tell me about a house decorating job—when I saw the blow struck there were several men on the pavement—there was a policeman near—I cannot say that I saw Mr. Swift there, he may have been without my seeing him—Pare did not have an altercation with him just before the blow was struck—the first thing I saw was the blow, after which the gentleman walked towards the policeman—I did not say before the Magistrate, "I did not see Gates do anything to the prosecutor; he was two or three yards off prosecutor when prosecutor was struck"—what I said was read over to me, and I signed it—Cates was about half a foot away from Taylor, much nearer
than two or three yards—I do not know the Swan public-bouse—tha stick was like a walking stick—I cannot say if it was thick or thin.
JOSEPH WILSON (44 G). On the early morning of January 10th I was on duty in High Street, Islington—I saw Mr. Pare there—Golsborough was near him—he was sober, but suffering from a large wound on the right side of his head—I took him to the hospital, and afterwards to the station, where the charge was made against Taylor—I had not noticed anything take place before I saw the prosecutor—I had just left the place, and walked about 50 yards—on turning round to go back again I saw the prosecutor coming towards me.
Cross-examined. The first thing I saw on turning round was a scaffle between six or seven men—none of the other men came up to me—when I was putting the prosecutor into the cab, there was not a crowd there; there was only one other man there—I did not notice Cates—the Swan public-house is next door to the Grand Theatre—I do not know Mr. Swift—I have never spoken to him in my life.
THOMAS LTE (58 NR). About 12.40 on the morning of January 10th I was on duty in Upper Street, Islington—Ryan and Golsborough came up and made a statement to me—we went over to the Grand heatre—Golsborougb said pointing to Taylor, "That is the man who struck the person across the head with a stick; he ia taken to the hospital"—I said to Taylor, I should take him to the Old Street Police-station—he said, "lama ratepayer, and know nothing about it"—Cates was there—they heard what Golsborougb said—Gates took no notice of what Taylor said—at the station Taylor said, "I am a respectable man and rent four bouses, and you will know about this tomorrow"—he had no stick in his hand when I arrested him, nor had Gates—I saw one man there who had a stick—Taylor appeared to have been drinking, but I cannot say he was drunk—he could speak all right.
Cross-examined. Gates and the others appeared to have been drinking—I know the Swan.
WILLIAM GAMMON (281 G). At 12.50 a.m. on January 10th I was in the Goswell Road—I saw Cates and Ryan—Ryan was crying—I asked him why he was crying, and he pointed to Cates saying that he had knocked him down, while another man who had run away bad kicked him—I did not see the other man—I took Cates to the station—he said to Ryan at the station, "You hit me first."
Cross-examined. 1 cannot say if Cates had been drinking—he did not appear to be drunk.
JOHN EVAKS (Police Inspector, G). On the early morning of January 10th I was on duty at the Old Street Police-station—Taylor was brought in charged with assaulting Mr. Pare—I wrote the charge down, and read it over to him—I charged him with being concerned with others in assaulting this man with intent to rob him—he said, "I do not know anything about it," then he added, "What, charged with intent to rob him, a respectable ratepayer?"—Ryan made a statement with regard to the assault upon him—Taylor was sitting down at first, and when Cates and Logdon were brought in he got up and said, "I know nothing about those menw—when Gates was charged he said, "Here kiddy, did not you hit
me first"—Ryan said, "No, I did not hit you"—Cates said, "Yes, you did."
SIMON COURT . I am a police-sergeant—I received a warrant on January 12th for the arrest of Alfred Golsborough to give evidence in this case—I have not been able to execute that warrant—I have endeavoured to do so.
HERBERT MUNDAY . I am a M.R.C.S., and I was house-surgeon when Mr. Pure was brought to the hospital on January 10th—he had a cut on the right side of his head about 1 1/2 in. long, and going down to the bone—he was sober—he was a little dizzy from the cut—he could answer questions—he had lost a good deal of blood—the wound could have been caused by a stick—it was rather a heavy blow.
Cross-examined. You would have to swing the stick rather hard to cause the injury with a swinging blow; it would depend on the weight of the stick.
Witnesses for the Defence,
RICHARD SWIFT . I am a fruiterer, of the Liverpool Road, at three shops—on January 9th, about 12.15, I was in High Street, Islington, near the Angel—I had been having supper at Porter's, close by, and had just come out, when Mr. Pare came and knocked up against me very violently, and used very bad language to me—I shoved him away, I did not say anything—I had never seen him before—I had not got more than three yards away, when somebody came and hit the man on the head very heavily with a stick—I did not know either of the men—the gentleman went to a policeman, and he went away in a cab—I walked across the road into my own home.
Cross-examined. I think I had seen Taylor before—I go to races sometimes—I do not know that Taylor is a betting man—I bet occasionally—I do not think the prosecutor was sober—after he was struck I went away—I saw the blow struck—I cannot say who struck it—there were two or three men there—Taylor was there—I cannot swear that he struck the blow—it was like a whangee cane, with a big, round handle—I do not think it was a heavy stick—it was a very hard blow—I cannot say what became of the stick; I was five or six yards away—I have been in trouble with the police for furious driving and assaulting the police—I was fined 40s.—I do not know why the prosecutor assaulted me—I was sober that night—I went to the Police-court when the men were charged—I did not give evidence—I went to satisfy myself—I did not tell anybody I had seen the blow struck—I was not asked to give evidence—I was subpoenaed—I do not know who served it—this is it (produced)—I had not spoken to Gates about the affair, or to either of the accused.
FRANK TAYLOR (The prisoner). On Monday, January 9th, I was in the Swan public-house—I knew Mr. Swift by sight as a tradesman, but I never spoke to him—the Swan is just opposite where this occurred—Cates was in there too—I had been there about twenty minutes—when I came out I was not drunk—I saw an altercation a few yards away, and went to have a look, and saw a gentleman's head bleeding; a policeman got hold of him and put him into a cab, and then I crossed the road to get my tram home when a policeman came and took me into custody—I did not say anything to the gentleman or to Swift—the prosecutor was having a row with some one—his head was bleeding when I saw him—I never hit
him—I saw Mr. Swift there—after I left the Swan I saw Cates—we went across the road.
Cross-examined. I had not a stick in my hand that night—I was not within striking distance when the blow was struck—I had no interest in the matter, nor had Cates—I was with him—Cates did not strike the blow—I did not hear Logdon say he was with us when the row occurred—Golsborough pointed me out, and said, "I think that is the man who struck him" (The prosecutor)—I said to the policeman, I am a respectable man"—he said, "You will have to come to the Police-station"—I said, "Certainly," and I walked with the constable down the road—Cates was with me when I was arrested—we did not threaten Golsborough or Ryan—I never saw Golsborough; I heard Ryan say today that I picked up some mud, and threw it at Golsborough—I do not know that he has got any interest in telling a lie about me; he must be mistaken—I was not so drunk that I could not walk—I had not a number of friends who attended the Police-court the next morning that I know of—my wife came to see me; she did not tell me she was going to keep Golaborough and Ryan away—none of my friends have told me that they were at the Police-court, and threatened to shoot Golsborough and Ryan if they gave evidence—I saw Cates brought into the station, and heard him charged—I heard Cates say to Ryan, "You struck me first,kiddy "—I did not hear the boy say that Logdon had kicked him—Logdon is another friend of mine—I am a race-course clerk, a bookmaker's clerk—I cannot say that I have seen Swift at race meetings.
HARBY GEORGR CATES (The Prisoner). On this evening I was in the Swan public-house—I went in there about 11.45—I saw Taylor there—Taylor went out first—it was near closing time when I went out—I saw a constable putting a man into a cab—I saw Mr. Swift there—I only knew him as a tradesman, not to speak to—Taylor was standing against Mr. Swift—I asked a man what was the matter, and he said Mr. Swift had been having an altercation with some men, and the man got hit on the bead with a stick—I said to Taylor, "Are you going home?' and he said, "Yes"—we crossed over, and while we were waiting Logdon came up, and then a constable came up with Golsborough, whom I had never seen before or since—he said something to the policeman, who said to Taylor, "You will have to come to the'station with me"—they went off and I followed—Ryan was with some other lads, and he said tome, "Your mate is locked up"—I said, "Go home, you little devil!" and I pushed him—I was rather intoxicated, and I fell over—the boy ran away—he was stopped, and a constable came up and said I should have to go to the station and see the inspector—I was taken to the station and charged with assaulting the boy, and then the prosecutor was brought in about twenty minutes afterwards, and Taylor and I were charged together—I never saw a blow struck—I served the subpoena on Mr. Swift—I thought he could throw a different light on the matter.
Cross-examined. I served it personally—I said, "I hope you will come down and speak the truth"—he said, "Very likely I shall"—I did not tell him who I was—I do not think he was at the Police-court on the Tuesday morning—I had known Taylor since last Christmas, but to speak to for only two or three months—I go to race meetings
occasionally; never with Taylor—I had nob been living in the same house as Taylor—I do not know that Logdon was there—I was with Taylor from the timo I saw the injured man till he was arrested—Taylor and I did not threaten Golsborough—Taylor did not throw any mud at Golsborough—I did not tell Golsborough not to go to the Police-station.
TAYLOR— GUILTY of like assault with intent to do grievous bodily harm [see next trial]. The JURY were unable to agree as to Cates, and were discharged without giving a verdict.
214. HARRY CATES (29) and FRANK TAYLOR (38) were again indicted, with CHARLES LOGDON (22) , for unlawfully conspiring to intimidate Thomas Ryan, and to prevent him from appearing; as a witness and giving evidence against Frank Taylor, to which
CATES PLEADED GUILTY . No evidence was offered against TAYLOR— NOT GUILTY .
MR. MUIR and MR. A. GILL Prosecuted, and MR. SYMONDS Defended.
THOMAS LYE (58 NR). About 12.40 a.m. on January 10th I was in Upper Street, Islington—Golsborough and Ryan spoke to me—Taylor was pointed out to me—I took him into custody, and charged him with striking the prosecutor across his head with a stick—I asked Golsborough and Ryan to come to the station.
WILLIAM THOMAS RYAN . I was in Upper Street, Islington, in the early morning of January 10th, and saw Taylor strike Mr. Pare with a stick—I cannot say if the prisoner was there or not—I did not notice Gates when the blow was struck, but I did after, in the Goswell Road—I saw Taylor taken into custody some time after the blow was struck—I was following the policeman to the station when a boy came up and said something to me—I turned back and saw Cates and Logdon—Logdon said, "What did you go down with that man for?n—he meant with Golsborough to the station—Cates told me to go home—I said, "I won't 1"—I ran away and fell down—Logdon kicked me—Cates started pushing; me up towards Islington way—Logdon was following behind—I ran away and fell again—Cates fell on top of me; he got up and stood over me, and Logdon kicked me in the chest—Cates pushed me in the back: twice—I said I would give Logdon in charge for kicking me, and Logdon ran away—Cates tried to push me up towards Islington way—a policeman came up, I gave Cates into custody, and I went to the Police-station—whan I got there I saw Logdon on the steps—I pointed him out to a policeman, and he was taken into custody and charged with assaulting me.
Cross-examined. It was a hard kick—Logdon did not kick me hard enough to lay me out—I had never seen him before that night—when Logdon ran away he ran towards Old Street Police-station, the same direction in which Taylor bad been taken—I do not know if he passed the policeman or not—I was following the policeman, but he was out of sights.
WILLIAM GAMMON (281 G). I arrested Cates—at the station I saw Logdon on the steps—Ryan pointed him out as the man who had kicked him—I told Logdon he had better como inside with me—he said, "All right"—he said he knew nothing about it.
Cross-examined. I saw Taylor and Mr. Pare pass my beat, going to
the station—I did not see the prisoner run by—he was at the station when I arrived there—he could have got to the station by another way.
JOHN EVANS (Police Inspector, G). I was in charge of Old Street Police-staion on the morning of January 10th when Lodgon was brought in –—he was charged with Cates with assaulting Ryan--Logdon said to Ryan, "I did not kick you"—Ryan said, "Yes you did; you kicked me here" pointing to the mud on his coat-Cates said, "Here, Kiddy did not you hit me first?"—Ryan said, "No, I did not hit you."
Witness for the Defence.
CHARLES LOGDON (The Prisoner). I am in the employ of Mr. Cotter Of 40, Ledbury Road, Nothing Hill an antique dealer—on January 10th I Had been to the shaftesbury theatre by myself—I was iving at Tabbery Road, Hooway, and I was going home—when I got to the angel I went And had some supper at porter’s—then I went across the road and had a Drink—I walked to the corner of Liverpool Road, where I met Tayorwho Iknew—I stood talking to him for about ten miniut when a police man Came across the road—a man named golsbrought pointed taylor out to The policeman—he said "That is the man who it him"—I had not seen Taylor strike a blow—if he had delivered a blow it must have been more than ten minutes before—I followed Taylor and the Policeman to the station—I asked Taylor what he had done, I was on their heels—Taylor was taken inside the station—I waited two or three minutes, and asked what he was charged with-they told me to go outside—while I was standing on the steps Ryan came up and said to me, "You are the man who kicked me"—the Policeman said, "You had better come inside"—I was taken inside, and I said, "I don't know anything about it"—I had not seen Ryan before I saw him on the steps; I had not touched him or spoke to him.
Cross-examined. I became acquainted with Taylor about twelve to fifteen months ago—I have been to race meetings several times and have seen Taylor there—I had never seen Cates before January 10th—I saw him standing talking to Taylor when I first spoke to him—Cates remained in Taylor's company till Taylor was taken into custody—I was sober--Cates was not speaking to me—Taylor did not tell me that a quarrel had taken place—on the way to the station I spoke to Taylor; when we were about twenty yards from the station—I did not hear the policeman say what he had got Taylor in custody for—I was going to the station to speak for him--when I spoke to Taylor the policeman was close enough to hear what I said—I do not think he had hold of his arm—he said he knew nothing about it—when I was taken—into the station I don't remember saying anything.
Re-examined. I thought it was a case of mistaken identity—I did not see the prosecutor that night till he was brought to the station.
THOMAS LYE (Re-examined). When I arrested Taylor, Cates was with him, but there were six or seven others there—I did not see Lodgon there—I do not know if anybody followed me to the station—I know Constables Thompson followed behind me; if anybody was following me he could see them—I do not know if anybody spoke to Taylor on the way to the station—I held him by the sleeve.
Cross-examined. I heard nobody speak to Taylor.
WILLIAM THOMPSON (142 G), I was present when Taylor was taken into custody—I followed Lye to the station, about a yard behind him—Logdon followed for about thirty yards, and then I lost sight of him—he was walking behind me with Cates, who followed about the same distance—as Logdon—I did not hear Logdon speak to Taylor.
Cross-examined. I followed down to the station—I was close to Logdon when Taylor was arrested.
Five previous convictions were proved against CATES.— Six Months' Hard labour. TAYLOR— Judgment respited [see previous trial]. The COURT awarded £1 to Ryan for his services.
MR. LEMAISTRE Prosecuted.
WILLIAM REUBEN HITCHCOCK . I am a blouse manufacturer, of 4, Play-house Yard, Water Lane—I have known the prisoner about a year and ten months—I have had various transactions with him—he was a blouse manufacturer then—we put a lot of work out not made up, and it is returned finished—it was his duty to return these blouses to me—he had to do certain work upon them—between July and August last I gave over to him 1,210 dozen blouses, and I received back from him 781 dozens—I received certain information, and in consequence I went to 304, High Road, Tottenham, where I found 157 dozens and 2/12—I went to a Mr. Beard, at Edmonton, with a detective, and we received 24 dozens and 4/12—the value of the missing blouses is £110 6s. 2d.—I tried to find the prisoner, but could not.
Cross-examined by the prisoner. I do not know that you sold those blouses with my partner's authority—you are accused of stealing 247 dozens and 5/12—I do not think you oould steal them without anyone being informed of the fact—my partner did not write you a letter on behalf of my firm offering you a situation after you had joined the Army—our loss is more than £60 or £70—he had no authority to tell you to sell the blouses.
ROBERT ALEXANDER BEARD . I am a draper, of 2, Laure! Villas, Bolton Road, Edmonton—I have had business dealings with the prisoner—I have purchased blouses from him—Mr. Hitchcock came and made some inquiries from me, in consequence of which I returned some of the blouses to him—when I bought them from the prisoner they were finished—I paid 5S. per dozen for them—the prisoner said the goods belonged to him.
Cross-examined. I paid 2s. 6d. a dozen for some pinafores—you told me you were the manufacturer—I knew I could make them cheaper than what you charged me—I gave you a cheque for £11 2s. 6d. for the solicitor—it was not honoured—I did not always count the stuff when you brought it, but I did next day—I do not think you could steal the blouses without Somebody knowing.
be said, "I suppose you know you have got the wrong man, but I will tell you all about it when we are going up in the train"—he was then charged with uttering worthless cheques.
Cross-examined. You did not make a statement about stealing the blouses—I did not charge you with that.
The Prisoner's statement before the Magistrate: "The witness Beardfully understood that those blouses and things that he bought were not bought honestly, as I will bring witnesses to prove."
Tlie Prisoner called:
ROBERT LAMB . I am the prosecutor's partner—I did not authorise you to sell the stuff which you are accused of stealing—I do not think you could sell 2,000 dozen of stuff without my knowing; we do not claim for 2,000 dozen—I have not manipulated the books at all—I wrote two letters to you—I did not offer you a situation in my office.
Cross-examined. I knew the prisoner by the name of Barton in business—I only heard of the name of Whitbread when he told me a man had run away with his wife.
By the COURT. I managed the prisoner's indoor business, and he did the outdoor.
GUILTY .— Six Months' Hard Labour.
216. CHARLES JONES (39) PLEADED GUILTY to feloniously wounding Alfred Willis, with intent to do him grievous bodily harm, having been convicted of felony at Liverpool on May 6th, 1895, in the name of Charles Good . Five other convictions were proved against him, including three terms of penal servitude.—Four Tears' Penal Servitude ,
218. HENRY WORLAND (17) , to burglary in the dwelling-house of Thomas William Gentry, and stealing 3s. 5d., his moneys, after a conviction of felony on August 11, 1897. Five previous convictions were proved against him.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]And
(219) FREDERICK HARDY RUFFLE (40) , to obtaining by false pretences £40 from Charles Watson Brown and from Edwin Fowler Gasevine, £400, £100 and £10, with intent to defraud, and . without informing them that he was an undischarged bankrupt; also, to marrying Rosa Florence Joel, his wife being alive. Three other convictions were proved against him.— Five Years Penal Servitude on the bigamy, and Four Years' Penal Servitude on the fraud to run concurrently. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, March 6th, 1899.
Before Mr. Common Serjeant.
222. JAMES MONTGOMERY (29) , to burglary in the dwelling-house of William Edward Richard Bates, and stealing three handkerchiefs and other articles, his property.— Eighteen Months' Hard' Labour. [Pleaded guilty: See original trial image.]And
(223) ALFRED HERBERT GREGORY (41), to un-lawfully obtaining £20 from Colin M. Gardner by false pretences; also—to forging and uttering the endorsement to a cheque for £; also to forging and uttering an order for £30;also to stealing cheques for £8, £5 5s. and other sums, the property of Alfred Masters Calcutt.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. PARTRIDGE Prosecuted. JAMES ADCOCK.—I am a tobacconist, of 27, Victoria. Road, Kentish. Town—on February 9, at a quarter to four o'clock, somebody came in for a packet of Woodbine cigarettes, and gave me a bad shilling—I asked where he got it—he said, "From a gentleman for carrying a parcel?"—I told him he had better clear off with it—shortly afterwards the prisoner came in for some cigarettes, and gave me Is.; I gaye him 11d. change and he left—I found it was bad and went to the corner of the street, and saw him with the man who had been in half an hour before—I followed them, and before I said a word they ran away, one one way and one another—I followed the prisoner and overtook him—he gave me these cigarettes back,. sad the change and told me not to follow him—I had not mentioned the cigarettes—he went down a mews, and said that if I kept following him—he would give me one in the eye—a policeman came up, and I gaye him. in charge.
Cross-examined by the Prisoner. You turned round the corner two or three minutes after you left the shop—you were 150 yards from me—I can swear that I gaye the man his shilling back who came in previous to you—you ran, you could not have turned down a smaller street, and if you had jumped over the wall of the mews I should have jumped over after you—I did not pull anything out of your pocket.
Re-examined. I had a long conversation with the prisoner about the weather—I heard his voice; I also heard it in the mews, and I hear k now.
THOMAS HOPS (123 VR). I was sent for, and found Adcock and the prisoner in the mews—Adcock said that he had passed a bad shilling at his shop—I said, "You hear what he Bays"—he said, "I did not knowingly utter a bad shilling," and when he was charged he said, "I did not-know it was a bad one, I did not do it to defraud"—I found a penny on him—Adcock gave me this coin (Produced).
Cross-examined. As soon as I came to the door of the mews you came towards me—I did not say at the Police-court that if you would tell me where you got the shilling I would speak to the Treasury; no such con-versation took place—you said that you had worked, but refused to tell me where—I went to your residence—there was nothing there but 100 or
150 empty cigarette cases, and a lot of paper which had been burnt—it is a common lodging-house.
Prisoner's Defence: A man asked me for a light, and I gave him one, and the prosecutor came up. I gave him the cigarettes and the change, but he gave me in charge. I did not know the shilling was bad, and do not know whether the man who asked me for a light had been into the shop; he was not an associate of mine. I got the coin in change for a florin.
GUILTY .— Six Months' Hard Labour.
REV. THOMAS HOPE STEAD . I am Vicar of St. Matthew's, Essex Road—on February 4th I was fetched to the Church, and missed a hood and stole, value £2—on February 7th I charged the prisoner—I do not know him.
ARTHUR DAVIS . I am verger at St. Matthew's Church—I left it secure, and went back on February 4th and found a window broken in the body of the church and the door shut, but not locked—the missionary boxes had been broken open, and the contents taken; the cover of the Communion Table removed, and there were marks of blood, and the church was in confusion—there wore marks of a jemmy, and a window was smashed, they had got through there—a portion of the glass was inside and some outside, and the lead-lights were broken—this jemmy would produce the marks on the door.
THOMAS DAVIS (Police Sergeant, N). On February 7th I was on duty with two constables, and saw the prisoner and another man in Essex Road; his companion entered a shop, while the prisoner looked in at the window—I stood beside him and felt the outside of his coat—he ran away and I ran after him into some model dwellings, and he crouched in a dark doorway—he produced this hood and stole from his coat pocket—the other man escaped.
JEREMIAH TAMPLING (368 N). I was with Sergeant Davis, and saw him feel the prisoner's pocket—the prisoner ran away—I picked up this jemmy behind the door—he took these articles from his pocket, and gave them to me—I only found some pawn-tickets on him.
Prisoner's defence. A man asked me to take charge of these things and meet him at 8.30, I said that I would, and about 7.30 he went into a tobacconist's, where I remained outside and the officer came up against me, I ran and he ran after me, I produced the things out of my pocket, and asked him if they were the things he wanted.
THOMAS DAVIS (Re-examined). I locked the church up on Sunday, and the next service was not till Thursday night—it is a poor neighbourhood, and there would only be a few shillings in the boxes—they had been opened a fortnight before, and a few pence; found in them.
GUILTY .—He then PLEADED GUILTY to a conviction at Clerkon on June 21st, 1898, and two other convictions were proved him— Eight Months Hard Labour.
NEW COURT—Tuesday, and
THIRD COURT—Wednesday and Thursday, March 1th, 8th, and 9th 1899.
Before Mr. Common Serjeant.
MR. WILKINSON and MR. PARTRIDGE Prosecuted, and MR. PURCELL Defended,
MARIA HANCOCK . My husband is a tobacconist, of Upper Holloway—on Saturday, December 10th, between 6.30 and 7 o'clock, the prisoner came in for a threepenny cigar—I said that I had none, but I had some twopennys—he said, "I will take three"—he put down three coins, which appeared to be two sovereigns and a half-sovereign—that made me rather suspicious—I asked him if I was to take it out of the half-sovereign—he-said "Yes"—I gave him 9s. 6d. change, and not liking the ring of it, put it on the clock by itself—he went out, and I took up the half sovereign and went after him—he ran away as soon as he saw me—I ran as hard as I could, but lost him—I took the coin to the station, and gave—Sergeant Nicholson a description—I was ill after that, but only for a few days—I afterwards saw the prisoner at Holloway Gaol with sixteen others, and picked him out, and when I heard him speak later I recognised his voice—there is a mark on the coin.
Cross-examined. Before I went to Holloway I saw a uniform man, who brought a message—I was aware that the prisoner was at Edgwar e—Sergeant Nicholson sent for me on the Wednesday morning, he did not call—I cannot say whether he called more than once on a Wednesday—he did not show me a photograph—he came to take me to Holloway of the 22nd—Sergeant Cox was there, but he did not show me any photograph—I did not see Sergeant Williamson that I am aware of—the men I saw at Holloway had numbers on their jackets, I recognised them as-prisoners—they were dark and fair—I cannot say whether any of them were as tall as the prisoner—I feel certain he is the man—he spoke in the charge-room—I did not hear him speak—he asked Nicholson at the Police-court what he was charged with and the date, and then said that he knew nothing about it, he was innocent—there was nothing to distinguish his voice from anybody else's—the man who came to my place was fair and wore a black morning coat, a black hat and trousers—the sergeant asked me if he was tall; I said "Yes, very tall"—I swear to hi» face, not to his hair, but it is the same colour, and he had a heavy moustache—on another occasion I was shown another row of men at North London, where the prisoner was not—there were fair men in that row, and one was very much like the prisoner, only much shorter; he was not the man who passed the half-sovereign; the sergeant said that he was a man who came up from Reading—there were eight or ten men in the row—all the witnesses for the prosecution were taken to London and shown a row of eight or ten men, in which there was the man from Reading.
By the COURT. That was after I had identified the prisoner, Thursday the 23rd, and it was on the 22nd that I was at Holloway—I did not bear the name of the man from Reading; he was considerably shorter than the
prisoner—(Joseph Harris was placed at the prisoner's side in the dock.)—those are the two men—I still think the prisoner is the man—I feel certain he is, but they wear their hair very differently—the prisoner wore a black bowler hat. (Both men here put on their hats, and the hats were then-changed, Harris wearing the black one)—the prisoner is the man.
LAURA PLUMB . I keep the Post Office at Burnt Oak, Edgware—on December 12tb, about 4.15, the prisoner came in and asked for a good cigar—I gave him a twopenny one—he put down three halfpence, and said that it was all he had, could I change a sovereign—I said, "No"—he said, "A half-sovereign"—I said, "Yes," and he put one down—I gave him 9s. 10d. change, and while I was looking at it he said, "That is all right; do you think I want to cheat you out of half a sovereign?"—I said, "No, but it is best to be on the safe side"—he left, and immediately he got outside he-began to run—I wrapped the coin up and put it by itself, and next morning I found it was bad—it was not later than 4.15, because I gave the letters to the postman, and walked to the door after him—they clear my box at 4 o'clock—I was there the whole afternoon—the prisoner was there more than three minutes—I gave his description to Sergeant Venn, next morning—on February 6th I picked the prisoner out from a great many other men at King's Cross Police-station—I am quite sure of him.
By the COURT. He bad a cap on in my shop—I do not remember whether he had a hat cr a cap on when I identified him—I had never seen him before—I recognised his voice at Edgware Police-station—I went to the North London Police-court and saw a row of men there, but nobody resembling the prisoner; they were perfect strangers to me—my shop is on the right side going from London.
Cross-examined. I gave the description to Sergeant Venn on December 13th, and he wrote it in a book—before I pointed out the prisoner I was shown about nine photographs, and picked out one of the men I knew, and that was a photograph of the prisoner—this (Produced) is not the photograph I picked out—after I bad seen a photograph I was taken to King's Cross, and picked the prisoner out from others.
By the COURT. I do not know how tall the prisoner is, but he is the man—that man (Hairis) is not the man at all—I should not be likely to mistake him for the prisoner—I told them at Edgware that I recognised him by his height and the colour of his hair—it was the colour of his hair which struck mo most—I never saw a man like him before—I told him when I picked him out that I recognised him by his guilty look, and that I saw the word "Guilt" written clearly on his face.
HAERIET HELEN SISLEY . My father is a confectioner, of 41, London Road, Croydon—on January 10th I was alone in the shop, and a mans like the prisoner came in for three pennyworth of chocolate, and gave me what appeared to be a half-sovereign—I said that I would fetch my father, and did so—I saw the man go out—I was afterwards shown a number of men standing in a row at King's Cross Police-station, but failed to pick out the man, and last week I was shown a lot of men at the North London Police-court, but I am sure there was nobody there who came to the shop, or who was anything like the man who passed the half-sovereign—Harris is not at all like the man—I should not mistake the one for the other.
THOMAS SISLEY, JUN . I am the son of Thomas Sisley, a confectioner of London Road, Croydon—on January 10th I walked into the shop, and saw a man there making a purchase—I did not see him come in or hear the conversation—my father came in and the prisoner said, "Never mind, I will have two-pennyworth"—my sister gave me this counter feit half-sovereign—my father said, "I shall keep it," and the prisoner walked out, leaving it behind him—he held some more gold in his hand, and said that it was given to him with that—I followed him two minutes afterwards straight through North End and down Crown Hill, where he went into Mr. Mullin's, a confectioner's shop, about seven minutes' walk from ours—I did not follow him in—I did not lose sight of him; I pointed him out to a constable—on Sunday, February 5th, I saw a number of men at King's Cross and picked the prisoner out—I heard him speak and recognised his voice—I had given a description of the man at Croydon Police-station—I went to Mr. Cole's shop, but did not speak to Miss Collinson—I went to North London Police-court last Thursday and saw a number of men, but not the man who was at the shop on January 10th; one man was something like him, but he could not be mistaken for the prisoner—Harris is the man I saw at North London—after going to Mullin's shop we went on, but never saw the man.
Cross-examined. There were both fair and dark men standing in the row at King'Cross, but no one so peculiarly fair as the prisoner—my identification is not due to his hair, except that he is fair—I noticed his clothes; his trousers were like. (The COMMON SERJEANT considered that the evidence of the two last witnesses wat only admissible as proof of guilty knowledge, as it applied to a ease outside the jurisdiction of this Court, and as it might embarrass the prisoner in his defence (as he might have to prove an alibi as to each case of uttering), cancelled their evidence; the questionfor the JURY being one of identity only.)
ALFRED NICHOLLS (Police Sergeant, Y). On December 10th Mrs. Han-cock came to the station at Upper Holloway, and made a complaint and gave a description which is entered in our books, and I supplied the Treasury with a copy—she also gave me this coin, which I marked "N"—(Produced)—I was at North London last Thursday, and told the prisoner that the charge was uttering a gilded sixpence to Mrs. Hancock at 76, Hawthorne Road, on December 10th—he said, u Where?"—I said, "Upper Holloway"—he said, "What was the time!"—I said, "About 6.30 p.m."—he said, "I know nothing about it; I am innocent."
Cross-examined. I heard of this uttering on the day it occurred—I was at the Edgware Court once, that was on February 15th, when the prisoner was before the Edgware Bench, in Mrs. Plumb's case, and he was committed for trial at these Sessions—I did not ask the Magistrate for a further remand in order to call Mrs. Hancock—I was present—ten or twelve witnesses were called for the defence—the case was conducted by Mr. Lewis, for the Mint, and I believe the prisoner gave evidence, but I was not present the whole time—I communicated with Sergeants Williamson and Cox, and then received directions from the Commissioners—I sent a constable for Mrs. Hancock, and the reply was that she was suffering from asthma, and could not attend—the next step was to convey «the prisoner from Holloway by order of the Commissioners—
Harris was also brought there, not by the prosecution, but by order of the Home Secretary.
Re-examined. The witnesses I heard were in Mrs. Plumb's case, with regard to an alibi—I was present at North London Police-court—no evidence was taken there except Mrs. Hancock's and mine.
WILLIAM WILLIAMSON (Detective Sergeant). I come from the Criminal Investigation Department, Scotland Yard—on February 7th I was with other officers in Broadway, Stratford, and saw the prisoner—I stopped him and told him I should take him for uttering on or about December 10th a counterfeit half-sovereign to Mr. Plumb, of Edgware, and toother persons in the Metropolitan District—he said, "Tell me the times and places, and I will prove an alibi"—I said, "I don't know the times; the places are Edgware, Harrow, Leyton, and Croydon"—he made no reply—I left him with Sergeant Mott, and went and searched his lodgings, 31, Chapel Street, Stratford, but found nothing relating to this case—I conveyed him to King's Cross Station, and on February 6th Mrs. Plumb came—there and at once identified him from amongst thirteen or fourteen other men—I then took him to Edgware, and on the way he said, "I know—the man you want for uttering the Jubilee sixpences; he is about my age, has a fair moustache like me, and dresses like me. I have had bete with him, and on one occasion I rode with him in a train, and heard him tell people in the carriage that he had some Jubilee sixpences. He is not so tall as I am"—that statement was voluntary—he was then charged at Edgware, and said to Mrs. Plumb, "What time of day was it?" She said, "Between four and a quarter past four." He said, "That will do"—the charge was read over to him, and he made no reply.
Cross-examined. A letter from Harris in Reading Goal came to Inspector Hare—I know that Joseph Harris wrote to the Home Office from Reading Gaol after the prisoner's committal; it came to the Commissioners and was handed to Inspector Hare—the man was awaiting his trial for having passed Jubilee sixpences for half-sovereigns.
ARTHUR HARE (Chief Inspector, Scotland Yard). I have been superintending the enquiries in this case—the Commissioners received a letter from Harris in Reading Gaol, which was handed to me. (MR. PURCBLL called for the letter, which was produced; but the Common Serjeant ruled that tlie proper course was to put the writer of it into the witness box.)
Cross-examined. In consequence of that letter, a Home Office Order was obtained, and I went to Reading and took a statement from Harris, which has been supplied to the Treasury, and I submitted it to the Commissioners—I made enquiries, and an order was made for Harris to be brought to the North London Police-court last Thursday for identification by the whole of the witnesses, and I understand he was seen there by them, but I was not there (MR. WARBURTON declined to call Harris, but consented to his being put into the witness box).
JOSEPH HARRIS alias Hardy. I am a prisoner committed from Slough Sessions to take my trial for uttering three gilded sixpences for half-sovereigns on February 7th. I wrote this letter (Produced) from the gaol to the Commissioners of Police.
Cross-examined by MR. PURCELL. I was discharged from Warwick Goal on December 6th—I remember being in a carriage of a train in
which the prisoner was going to Plumpton races—it was the day after Windsor races—he is not a friend of mine, but I. have seen him on race-courses.
By the COURT. I was detained in Warwick Gaol for uttering gilded six-pences—I have been convicted twice—after I came from Warwick, and before I went in the carriage to Plumpton I passed, it may be, a dozen gilded sixpences; at Croydon and one at Edgware on December 12th, at a shop on the left-hand side.
By MR. PURCELL. I do not remember Mrs. Hancock's face, but I remember a woman at Upper Holloway coming out without her hat—I turned to the left and then to the right—when I go to these shops I ask for something trifling; cigars, tobacco or sweets—I always wear my moustache j ust as it is now—I was shaved in the prison last night about 9 o'clock—I had been in prison some time, and had an unusual growth of beard—I do not remember Mrs. Plumb; I cannot tell them one from the other—I have no recollection of her being outside the door to give the letters to the postman.
By MR. PARTRIDGE. I first heard of Scott being in custody from a man named Beagle who came to Reading Gaol—I wrote to him, and he came to see me on general matters—I do not know that he gets up defences and helps people who are in trouble—he did not say, "Do you know Badger Scott is remanded?"—a warder was present—he said, "Do you know Badger?"—I said "Yes"—he said, "He has been arrested for uttering a counterfeit sixpence on December 12th and one in January; do you know anything at all about him; if you have done it say so, and get an innocent man out of it"—he mentioned Croydon and Edgware—nothing more was said about dates—I do not remember saying to the warder after he was gone, "What was the date?" or whether I asked him to remind me what date Beagle told me or not—I cannot remember writing it down on a piece of newspaper; I had nothing to write it with—I said, "Will you put the name on the paper that you have got?"—he said, "His name is George Scott," but I only know him as Badger—I don't know whether the warder wrote it down—the shop in Edgware Road is on the left side going-from London—I am positive of that, and there are some palisades on the right side—I said that to the best of my belief there was a step going into the shop—I walked from Kilburn to Edgware, and uttered coin at two places on the road, and once in Edgware—the lady I uttered it to in Edgware was about twenty years of age—I uttered two on the left-hand side and one on the right; one by the Welsh Harp, another on the right side, and a third at Edgware—I cannot swear what I bought; I believe it was chocolate—I did not buy a twopenny cigar on the left side—I had not many gold coins—I did not put two or three sovereigns and a half-sovereign on the counter to my recollection—I might have put down a sovereign, where I bought the cigar—I fix the date as December 12th, because it was the first day I had been away—the uttering at Holloway was one Saturday night about 7.30—I think I bought a cigar—I saw Chief Inspector Hare yesterday in the prison here—I was asked first of all if I passed any bad money at Holloway—I said that I did not know the district—I was seen by a gentleman on behalf of Badger, and asked if I had passed any half-sovereign
at Highgate—I do not know Eithorne Road, Holloway, and do not know the lady—I recollect passing one at Highgate—I did not say that I passed one at Holloway in January, 1899; I thought it was January, but afterwards I found it was wrong—it was before Christmas Day—I remembered it in prison—I bought a cigar at that shop—it was not Holloway; it was Highgate—I am not sure as to the date or as to the woman—she went into an inner groom and changed the coin, and I left and turned round, and saw her come out—I do not stop to look if persons come out, when I pass a bad coin.
Wednesdayy March 8th.
JOSEPH HARRIS (Continued). I went to Edgware between six and eight—I left Kilburn about five, and walked through Cricklewood and past the Welsh Harp to Hendon—this took place on Monday, December 12th—it was dark when I left Kilburn—I said before: "The Jubilee sixpence I uttered at Elgware was between seven and eight in the evening; it might have been after 6.30; it could not have been after half-past eight at night."
INSPECTOR HARE. On February 23rd I attended at Reading Gaol and took down a statement by Joseph Harris, which he signed—he made a second statement in the presence of the. prisoner's solicitor at Newgate, which he also signed—I produce the originals—on February 17th the prisoner wrote to the Commissioner of Police as follows:—" Sir: With regard to the offences I am charged with, and which I am entirely innocent of, I feel I cannot do more than explain something of what my friends intend to do in this matter. This cutting of the paper I send you, and for which the person is committed for trial. My friends will not leave a stone unturned, let me tell you, to help me out of these serious crimes. I have also sent you a copy of some of the witnesses who will attend to give evidence on my behalf, and I may state if these were called. Believe me, sir, there are are a good many more who saw me that day, and who will be subpoenaed to attend. Every one of these are respectable people, as the police well know; in fact, the police know some of them. As I am certain, or nearly so, of this being the man that is wanted for the crimes I am charged with, I am willing to make a statement to the police of what I know: in fact, my statement can be substantiated by three more persons. I have instructed my friends to consult my legal adviser with regard to my defence, and I am sure out of the 400 spectators, who were with me nearly all the time on December 12th, will see me sent to prison innocent without acquainting the proper authority of what they know. Never was such a blunder made, as all the police know. This is no business of mine. They know I have been betting these five years, whenever there was racing I was always there, and I never missed going to a whippet meeting this last twelve months on a Monday, which they all well know. If you will allow Mr: Sergeant Williamson and Inspector Mott, of Wapping, to see me I will give them all the information concerning what I know of this man, and who I am sure is the very man. In fact when the man is seen you will say what an extraordinary resemblance he bears to me. The information I will give them will be valuable indeed, and it will prove my entire
innocence without a doubt. What I want, and my friends also, is a proper, just and fair chance of proving my innocence, that is all. You can rest assured the matter will drop on my part. I shall be anxious to be released and say no more about it; but if I get convicted I can assure you, Sir, of my entire innocence, and I have no doubt my friends will do all in their power to procure my release. Hoping you will grant the request I ask, I will now conclude by remaining your?, Henry Scott. P.S.—" When the man is seen at Warwiok; I have not the slightest doubt of him being the real man." Enclosed in the letter was the following cutting from a news-paper: "At Slough, yesterday, a man named Joseph Harris wag charged with uttering counterfeit coin at Slough and Eton. Evidence was given to the effect that the prisoner tendered gilded Jubilee sixpences as half-sovereigns at four shops, and that when arrested he had three spurious half-sovereigns in his possession. The accused, against whom previous convictions were proved, was committed for trial at the Warwick Assizes," and pinned to the newspaper cutting was the following list of names: "Ernie West, Squires, A. Barret, Jim Saunders (his clerk), Bill Faber, Ted Taylor, H. Hill, George Woods, Nat Levy, Jack Higgins, George Archer, Walter Massey, Soldier, Barnett Hyams, George Camp (his clerk), Arthur Mannie, Charley Rowe"—I went to Holloway, and the prisoner declined to answer my questions.
Cross-examined. When I saw the prisoner at Holloway he declined to answer questions put by me; he did not say that he had been advised to say nothing to the police after sending the letter—he gave a list of those who were going to be called at the trial; some of them were called at Edgware—in company with the prisoner's solicitor I took a further statement from Harris in Newgate.
WILLIAM JOHN WEBSTER . I am inspector of coin at Her Majesty's Mint; the sixpences produced belong to the issue of 1887, which were withdrawn in consequence of their general resemblance to the half-sovereigns.
Witnesses for the Defence.
ERNEST WEST , I am a provision merchant at 109, Leyton Road, Stratford, and 70, Henneker Road, Leytonstone—I went to a whippet meeting at Homerton Athletic ground once; the programme produced is that of the day I was there, December 12th—I went with the prisoner And a man named Squires—I met the prisoner at the Swan Hotel and we all three went to Davis' Coffee Rooms and dined—we left there about ten to two and walked towards the coursing ground; on the way we were overtaken by Barnes—we got to Homerton about 2.30; it is about two and a half miles from Stratford—the prisoner then stood on a box and proceeded to bet; I saw him bet with between fifty and sixty persons—he entered the bets in a book; I cannot say if the date of the meeting was on the book—it was an account book that cost about 2d.—the prisoner, myself, and Squires left the grounds about 4.30; we went to Homerton Station and took train to Broad Street. We had tea at an A. B. C. shop in Chancery Lane, and in the evening we went to the B. Tivoli; from there we went to the National Sporting Club to hear the C. result of the Palmer and Plimmer fight—I had a bet with the prisoner
on the fight—I believe Barnes told me of the prisoner's arrest; I went to Edgware and gave evidence before the Justices.
Cross-examined. I am a book maker as well as a provision merehant and have been for four or five years—I have been charged five or six times for street betting—I did not make a book at Homerton—I do not understand coursing—I cannot describe the people at the meetings; they were strangers to me—I have seen Squires every day since the meeting—I have not talked this matter over with him—I had seen the prisoner once or twice a week between December 12th and February 12th.
By the COURT. I cannot say that all the bets the prisoner made were entered in a book; he paid each time he lost—he had a bad day, and had to borrow 5s. when he left the coarse.
FREDERICK SQUIRES . I am a bookmaker, of Vicarage Road, Bow—on Monday, December 12th, in company with the prisoner and Mr. West, I went to a whippet meeting—on the way we were overtaken by Barnes—we got to the grounds about 2.30, and prisoner stood on a box and began to bet—we left about 4.30 or 4.45—we went to Homerton Station and' booked to Broad Street, and from there to an A.B.O. shop in Chancery Lane, where we had tea, and then we all went to the Tivoli—after the performance was over we all went to the National Sporting Club to hear the result of the Pedlar Palmer and Plimmer fight—I fix the date by the fight.
Cross-examined by MR. WILKINSON. I have been fined for street betting two or three times—the day I went te Homerton I was not betting; I was backing the dogs—I do not know the persons the prisoner was betting with; he might have made sixty or seventy bets—I cannot say if he entered the bets in a book; he must have had something to record them in—when I am betting I enter the bets in a book, which I keep—it is a complete record of the bets I make.
Re-examined. I was not watching the prisoner in the grounds; I was looking after the dogs—betting business at whippet racing is not the same as betting on horse racing; you want the same "furniture."
By the COURT, I went to Edgware and gave evidencevoluntarily—the prisoner did not produce his betting-book there—it did not strike me as peculiar.
FRANK BARNES . I am a draper, and live with my parents in Angel Lane, Stratford, and I attend the whippet meetings at Homerton and Ponder's End—on the Monday of the Pedlar Palmer and Plimmer fight I was at a whippet meeting at Homerton—I went on a bicycle—on the way I overtook Scott, Squires, and West—about a quarter of an hour after I got there they came in—I left the ground at nearly five o'clock—Scott, West, and Squires came out at the same time—I went home on my machine, and later in the evening I went to the Tivoli, where I again met Scott and the others.
Cross-examined. I am only nineteen years old—I am a book maker as well as a draper—I saw the prisoner betting on Monday, December 12th, and his clerk entering the bets—I do not know the clerk's name—I know him by sight—the prisoner was using an ordinary betting book—we all left the Tivoli at 10.30 to go to the National Sporting Club to hear the result of the fight.
HENRY. SCOTT (The prisoner). I live at 31, Chapel Street, Stratford—the evidence of Mrs. Hancock and Mrs. Plumb is false—I am not the man who passed the gilded sixpences on December 10th and 12th—between 12.30 and 1 that day I met West and Squires in Stratford Broadway, and wo went to Davis's coffee-shop, and dined—we then went to Homerton, where the whippet meeting was held—on the way Mr. Barnes over-took us on his bicycle—we got to the ground about 2.30, and remained till about twenty minutes to five—immediately I got there I stood on my box, and commenced to bet—I had a clerk whose name is John Almond.—I continued betting till the fourth heat for the last—I used a slate book that day which is generally used by bookmakers at whippet meetings—there were 300 or 400 people at the meeting on December 12th—I was. known to almost all of them—I could not give the names of people I made bets with that day some of them I should only know by sight—the general topic of conversation that day was the fight—I had a bet on it—on the previous Saturday evening, December 10th, J made a bet on the fight with Mr. West outside his shop in the Leyton Road—it was about 7 o'clock—(Mr. West was directed to leave the Court)—I laid him £6 10s. to £5 on Palmer, who won the fight—he paid me on the Tuesday following by cheque—on December 10th I went to a whippet meeting at Tottenham Hale with Charley Rowe, a dog trainer and runner, and I was betting there all day and left with Rowe—I invited him to my house to have a wash, and then we went to Davis' coffee-shop to have something to eat—after that we walked to Leyton Road as far as West's shop—I then saw West, and made the bet on the fight—Rowe was with me standing two or three yards away.
Cross-examined. I do not know the man Beagle by that name—he never communicated with me on February 17th or 18th—I wrote the letter of February 17th from Holloway Prison, and enclosed the news-paper cutting—I got the cutting from the Morning Advertiser, which was brought to me by a person named Lowe—he is not "Beagle"—he is a race-course tipster—I did not give the information spoken of in my letter, because my brother told me not to do so unless I had advice from Counsel—I saw my brother before Inspector Hare's visit on February 23rd—I am known by the nickname of "Badger"—when Sergeant Williamson arrested me on February 4th he never charged me with ottering counterfeit coin on December 12th; he said, "I will take you into custody on suspicion of uttering a counterfeit half-sovereign on or bout——"—I did not say in answer, "Tell me the time and place and I will prove an alibi" or anything like it—when I was going to Edgware with Sergeant Williamson I did not say to him, "I know the man who is wanted for uttering the Jubilee sixpences; he is about my age; has a fair moustache: like I have; dressed like me, and I have made bets with him, and on one occasion rode with him in the train, and I remember his telling some men in the carriage that he had some gilded sixpences"—I mentioned something like that after hearing the evidence in the Croydon case, after February 15th; I said it while we were going back to Holloway in the train; it may have been February 8th or 15th. Harris is no particular friend of mine; I have seen him twice lately—the first time I recollect seeing him was, I believe, on January 15th, going down to Plumpton
races; I do not know whether he got in the train the same time as me or not—I do not keep a banking account——I did not give evidence at the North London Police-court—I said to Sergeant Nicholls in reply to the charge, "I know nothing about it; I am innocent"—I was advised in Holloway, after I was committed, that if anything was brought against me in the meanwhile, I should communicate with my Counsel—the solicitor who is conducting my defence was merely watching the case at the North London Police-court.
Re-examined. I received notice at Holloway the day before I was brought up at North London that I was going to be charged with a new offence; that was all the time I had to prepare a defence—I say Mrs. Hancock did not identify me; she did not touch me, as everyone else did—I wrote the letter of February 17th without anybody's advice whatever—I was afterwards advised by my solicitor and Counsel to give no information to anybody until I had seen them, and it was acting on this advice, when Inspector Hare came, that I declined to answer his questions—it was February 8th or 15th I had the conversation with Sergeant Williamson in the train; it was coming from Holloway—when I was arrested I did not use the word, "alibi"—I said, "If you tell me the day I will prove where I was"—I had not instructed my solicitor to call Almond as a witness, as I had been informed he has been convicted of dishonesty—that is the only reason.
By the COURT. I only know Harris by sight, and never knew his name—I had noticed that he was like me in the face.
GRORGE CAMP . I live at 127, Offerd Road, Bermondsey, and am a book-maker—I attend whippet, meetings—on the day of the Pedlar Palmer fight I was at a whippet meeting at Homerton, and saw the prisoner there—I first saw him about 2.30, and several times after, up till half-past four, when I left—I again saw him at the station, and travelled with him to Broad Street, where I left him, and did not see him again that day—I was interested in the fight, and had a conversation with him about it—he said he had some bets on it—I gave evidence at Edgware—I was asked to go by the prisoner's brother.
Cross-examined. I have been a pugilist and take an interest in fighting—I was close to the prisoner at the whippet meeting, but I did not notice how he made his bets—he used a book; I cannot say what sort of, book it was; all kinds of books are used—I always keep my books.
By the JURY. I know the prisoner's brother; he could not be mistaken for him.
JAMES SAUNDERS . I live at 19, Central Park Villas, East Ham; I have dogs of my own and attend whippet meetings—I remember the day of the Pedlar Palmer and Plimmer fight; there was a whippet meeting at Homerton that day—I can not remember the date, but I am positive it was on that day—I was there from two o'clock till the racing was over—I saw the prisoner there and spoke to him; he was betting; I am certain he was there the whole of the time—the prisoner asked me who I thought would win the fight, and it is that which enables me to fix the day—he wrote a letter to me from Holloway, and in consequence I went to Edgware and gave evidence on February 15th—I have destroyed the letter.
Cross-examined. I was constantly with the prisoner at whippet meetings; he bets at them, and he also belongs to the same club as I do—I destroyed the letter almost immediately after I received it—I did not want to keep it—I do not keep betting books—I only bet to amuse myself—I did not take particular notice of the prisoner, while he was betting—I did not see him enter bets in a book—he was with his clerk—I do not know if his name is Almond—I cannot say what sort of book the prisoner was using that day—they use all kinds of books—he stood on a box to bet; he made lots of bets—I know it was on the day of the fight—saw the prisoner, because he spoke to me going out of the field.
GEORGE CLEVELAND . I am a bookmaker, of 45, Cleveland Street, Mile End—I remember the day of the Palmer and Plimmer fight—it was on December 12th last year—I attended a whippet meeting at Homerton on thatday—saw the prisoner there between 2.30 and 4.30—he was making a book, shouting the odds—when he makes a book he has a clerk—I cannot say if he entered the bets in a book that day—as I was going away from the ground he borrowed 5s. of me—I saw no more of him that day—his brother told me of his arrest—I went to Edgware, and gave evidence' on February 15th.
Cross-examtned. I make a book and keep it; it is a record of every meeting I go to—I could produce it if necessary, because I keep proper betting-books—some use only slate-books.
Re-examined. I have seen bookmaker's betting, with only sheets of paper—some will use their rent-book.
Cross-examined. I do not know that Taylor has been charged on many occasions with assault and robbery.
FREDERICK SQUIRES (Re-examined). Mr. Edward Taylor was examined as a witness at Edgware before the Justices—I did not see him sign his depositions—as the depositions were read each witness signed his own. Read: "I saw the prisoner at Homerton, and had a conversation with him; he refused to bet with me I said I would bet a sovereign. I am sure I saw him at the grounds that day. A printed progamme is issued at every meeting. Was an engineer till bought out by railway; have attended race meetings twenty years. I know he backed Pedlar Palmer; he told me on the ground, he said how much. He had heard he was in trouble first on Monday week; was having a drink and someone came in, and said he had been taken away for passing a bad half-sovereign; last Saturday his brother told me it was on December 12th. Have not seen the other witnesses till today; we came together; I had a postcard from his brother; we came down in the same train, not all in the same carriage; we talked it over and discussed the matter.—EDWABD TATLOR."
NATHANIEL LEVY . I live at 35. Aldgate High Street, and am clerk, and occasionally partner, to Mr. George Woods—I remember the day of the Pedlar Palmer fight—as partner to Mr. Woods I was at Homerton whippet meeting—I saw the prisoner there between 2.15 and 4.15 he was betting in the ordinary way—he said to Mr. Woods, "If I had not laid out all my money on the fight I should have had a good day."
Cross-examined. I did not notice anyone acting as clerk to the prisoner that day—I do not know a man named Almond—I did not notice what sort of book he used that day—I know a bookmaker's book when I see it.
Thursday, March 9th.
LBURA PLUMB (Re-examined). My shop is a grocery and provision shop, I keep open till ten o'clock at night, except Saturday, when I close at twelve—I fix the hour the prisoner came by the postman; the next delivery after 4.30 is about 7.30 or 7.45—when I went to the door the prisoner was standing at the other side of the road; my attention was further drawn to him when he came in—it was perfectly dark at seven o'clock at night on December 12th, and I could not have seen anybody on the other side of the way; there are no lamps opposite my shop.
ERNEST WEST . On December 10th I saw the prisoner outside my shop, 109, Leyton Road, between 6.30 and seven o'clock with Charles Rowe—Scott came up to me and asked me if I wanted to bet on the Pedlar Palmer and Plummer fight; he said, "What odds will you take?" I said, "I will take £7 to £4. He said, "I can't lay you that; I'll bet you £6 10s. to£5. I said, "Very good"—I fix the time because I leave the Leyton Road shop about that time, and go to my other place to have a wash and get a clean apron—I lost the bet and paid the prisoner on December 13th by the cheque produced—it is an open cheque on the London and County Bank, through which it was paid.
By MR. WILKINSON. About 6.30 is my usual time for leaving my in Leyton Road—I see the prisoner once or twice every week.
By the COURT. I gave the solicitor for the defence a statement in writing of what I was going to prove; I believe it was the day after I, went to Edgware—I am certain I told him of what occurred on the 10th as well as on the 12th; I also saw him last Saturday—I have not seen him or anybody from his office since I gave my evidence yesterday; I am not aware of the evidence which Scott has given, nor have I heard what he said.
CHARLES ROWS . I live at 74, Roman Road, Bow, and am a dog trainer—I made a statement to the solicitor for the defence last Satarday; West was there—I did not go with West, he came in after—I attended at Edgware to give evidence, but was not called—I remember the Pedlar Palmer fight on December 12th; on the Saturday previous I saw the prisoner at the White Hart grounds, Tottenham Hale, where a whippet meeting was being held; I was official number caller at the meeting—I went to Tottenham by the 1.30 train from Cobun Road—at Stratford prisoner got into the carriage I was in, and we travelled on together—about four o'clock I made a collection, and the prisoner gave me a shilling—at five, when the meeting was over I went to a coffee-shop outside the ground to have some tea, and saw the prisoner there—after that I went to Tottenham Hale Station, and took train to Stratford—the prisoner went with me in the same carriage—we went to his house, had a wash, and then we went to a friend of his in the Leyton Road, Mr. West—the prisoner spoke to him outside his shop, while I stood on one side—afterwards he told me he had made a bet on the
Pedlar Palmer fight—I left him about 7.30, and took a tram home—the prisoner was in my company from about 5.30 to 7.30.
Cross-examined. I know the prisoner very well, and have constantly met him at whippet meetings—I met him on December 12th at the Homeston whippet meeting—the first I knew of the December 10th incident was when I read it in the evening paper—I did not go to the North London Police-court—I know that the prisoner was with me on that day—I keep-no record of the shillings I receive from bookmakers—I have nothing in writing to show I received a shilling from the prisoner on December 10th—there were a lot of people at the grounds that day—some of them are here.
Re-examined. I read what happened at the North London Police-court in the Evening Standard on March 2nd—I went to the solicitor for the-defence last Saturday, and told him all I knew.
MANNIE HART . I am a bookmaker, of 26, Skipton Street, London Road—I went to a whippet meeting at Tottenham Hale on December 10th—I saw the prisoner there, and had a bet with him, over which we quarrelled—after the meeting was over I saw him at Tottenham Hale Station—that was the last I saw of him.
Cross-examined. I regularly attend the whippet meeting, and have-usually seen the prisoner there—I fix December 10th by the quarrel—he had a clerk on that day, but I do not know his name—when I bet I enter it in a book, which I keep; it lasts me four or five months—I cannot say what sort of book the prisoner was using; some bookmakers use slate-books—I have not spoken to him since we quarrelled.
Re-examined. I own dogs and run them at the meetings besides being a bookmaker.
WALTER MOSSEY . I am a licensed victualler, of The Peacock, Free-mason's Road, Custom House—I have dogs of my own and run them at whippet meetings—I had three dogs running at the White Hart Grounds, Tottenham Hale, on December 10th—they were in heats three, six and seven—I saw the prisoner on the grounds that day betting—I left the ground between five and six, and again saw him at Stratford Station—I fix the date by having three dogs running that day, and the handicap was won by a dog named Wyndham—I only heard at this Court that what the prisoner is charged with occurred on December 10th—I did not see an account in the paper of the proceedings at North London.
Cross-examined. I have often dogs running in handicaps, which are expected to win and do not—there is nothing unusual in that to bring the date to my recollection—the 10th was put to me as the date.
NOT GUILTY .
NOT GUILTY .
OLD COURT—Wednesday, March 8th, 1899.
Before Mr. Justice Bigham
MR. ELLIOTT, for the prosecution, offered no evidence.— NOT GUILTY .
MESSRS. CHARLES MATHEWS and MUIR Prosected.
EMILY YOUNG . I was in the Islington Workhouse just before last February—I went in there about four months ago—I left, I think on January 30th—I had my three children with me—Fanny Donaldson left the workhouse with me—I met the prisoner there—I got this letter, from him (This stated that he was broken-hearted and did not seem to care what became of him, and that he had a good mind to do avoay with himself. and asking the witness whai she was going to do, and where he could meet her.) I got a number of letters from him—when I left the workhouse I met him—I had told him I would see him, but I did not think he would wait for me—shortly afterwards I sent my three children back to the workhouse with a note, and they were taken in—then I went off with the prisoner and Fanny Donaldson—we went into a public-house in Homsey Road, and to a number of public-houses—we went into the Swan in the Caledonian Road—there was a row between two men, I tried to get one of them away, and I was turned out—I think that was about 8 p.m.—I had left the workhouse about 9 a.m.—we had spent the whole day drinking at various public-houses—Jack Stack was with me in the Swan—he was drunk, and I was very nigh as bad—when we left the Swan we went to where my brother lives in Wynford Road, about five minutes walk from the Swan—I was going there to get a cup of coffee before I went back to the Union—I said to Stack, "You stay here"—he said, "No, where you go I go," and I did not go—I stood with him at the corner of Rodney Street, and I sent Eliza Webster to my brother instead of going myself—when she had gone I remember Stack putting his arm round my neck, and saying "Emma, your handkerchief is coming undone"—I saw him with something which looked like a knife, and I felt something come across my throat—I felt blood pouring through me, and I said, "You are trying to murder me"—he said, "Yes, that will be all right in a minute, Emma"—I do not remember anything after that till I found myself in the hospital—I have na doubt that it was the prisoner who did it.
ELIZA WEBSTER . I am fourteen and live at 166, Caledonian Road—on a Monday night in January I saw Mrs. Young coming out of the Swan—the prisoner was with her—she told him six times to go away, but he said no—I was sent by Mrs. Young to go and fetch her mother—I left her at the corner of Wynford Road—I went back and saw the prisoner draw a razor across Mrs. Young's throat—then he ran away up Muriel Street—Mrs. Young's throat was bleeding—she got hold of my finger and told me to scream—a man came up and blew a whistle—the police came up and Mrs. Young was taken to the hospital—I afterwards saw the prisoner at the station with nine or ten other men, and I picked him out.
Cross-examined by the Prisoner. I saw you making a fuss over Emily first—I gave a description—I said a tall, thin man, dressed in labourers' attire.
the prisoner running towards the canal—Emily Young's throat was cut and bleeding—I screamed and somebody blew a whistle—the police came and took her away in a cab—on the Wednesday I saw the prisoner at 'the police-station among other men and picked him out.
Cross-examined. I was with Emma Bartlett, I was going into her house opposite—you ran past me—my friend did not see your face, but I did—I picked you out about 12 o'clock—I did not see you at the Polioe-court.
JOSEPH AUSTIN (224 G) On January 30th I was in my house at 70, Muriel Street—I heard some screams—I went out and saw Mrs. Young leaning against the garden rails outside No. 64—her throat was cut and bleeding—I blew my whistle and a constable came up—we put her into a cab and she was taken to the Royal Free Hospital—when she had gone I searched the footway where she had been standing and found this razor (Produced)—it was open and with this piece broken off—it was slightly smeared with blood—not far from the razor I saw a large pod of blood where she had been standing.
JOSEPH MILLS . I am an engineer's labourer—I am at Islington Workhouse—I have known the prisoner about four or five years—he was at one time a fellow inmate at the workhouse—last December he gave me three razors in a case to take care of for him—I remember once giving him a little piece of copper—he said he wanted it—I did not know what for—I afterwards gave him back his razors—I gave him the copper before I returned the razors—he showed me one of the razors with the copper on the end of it—this is the razor I minded for him and which I returned to him.
Cross-examined. You were working in the engineer's shop when I gave you the bit of copper—I had the razors about three weeks.
ALFRED NICHOLLS (Detective Y). On January 31st, about 9.30, I went to Islington Workhouse with Detective Eason—I saw the prisoner—I told him we were police officers and were making enquiries about a woman named Young who had left the workhouse on the 30th and who had been found with her throat cut near Caledonian Road the same evening—he said, "Yes;"—I said, "I believe you left this work-house together yesterday morning"—he said "We did not leave together, I met her outside"—I noticed he had some scratches on his face and asked him how he accounted for them—he said "I had a fight with a man named Desborough outside the Queen in Hornsey Road; he left the workhouse with me. Mrs. Young was with me when I had the fight. Desborough went away with Curley Jones and me, and the woman Young went to several public-houses; I was with her till 8 o'clock that night, we were in the public-house just over the canal bridge in Caledonian Road on the right hand side going towards King's Cross. Two men were having a row there; one was the man who gave her away when she was married. I went out and that is the last I saw of her; I then went back to Islington, and got here about half-past eleven"—I asked him where his clothes were, and he took me to the; receiving ward where he showed me the clothes he had been wearing—they were shown to the doctor—there were what appeared to be marks of blood on the trousers, and the coat was very muddy—I asked him how he accounted for the
marks, and he said he got them in the fight with Desborough—he also-handed me this cloth case containing two razors, a pair of scissors, a piece-of slate, a shaving-brush and a comb—he said he had got three razors, but-one was missing, he had lost it in the house, as he had done the hair-cutting and shaving, for some of the inmates—he said he had a pocket knife, but I could not find that—I told him I was not satisfied with his statement, and should arrest him on suspicion of attempting to murder the woman by cutting her throat—I took him to the Holloway Station—he said, "I know nothing' about it."
GEORGE GODLEY (Police Sergeant, G) About 10.30 a.m. on January 31st the prisoner was brought to the Upper Holloway Police-station—I told him I was a police officer, and that a woman named Emily Young had been found in Muriel Street, Caledonian Road, with her throat cut—he said, "I first knew her last October; I was with her last night. She was turned out of a public-house. I left her and went into the Pentonville Road, and went home"—I told him he answered the description of the man wanted, and I should take him to King's Cross Police-station—I took him there, and at 3 p.m. the same day he was placed among other men, and picked out by Eliza Webster—then I charged him with attempting to murder Emily Young—he made no reply.
Cross-examined. The description I had was not of a tall man.
JOHN ALEXANDER MILLBR . I am divisional surgeon of police practising at Percy House, Percy Circus, and at King's Cross Police-station—I examined the prisoner about three o'clock on January 31st—I found two slight scratches on his right cheek, another scratch over his right-eye, and another close to his righ ear on the neck, and also a slight wound on the second finger of his left hand, caused, I should say, by finger nails—blood would only flow from them very slightly—I was handed some clothing—I found some blood on the left trousers leg about the size of a penny, also two patches on the right trousers leg—it would not flow in that quantity from his wounds—it would from a woman's throat.
THOMAS PERCY LEGG . I am house surgeon at the Royal Free Hospital—the prosecutrix was brought in there suffering from a wound right across her throat, about two inches deep—it was very dangerous—for a time her life was in danger—she was in the hospital about three weeks—she is going on well now.
Prisoner's defence. "I have no recollection when, where, or how this occurred, and I am very sorry. I loved the girl too much to do her any injury. I have no doubt that I am guilty of it, but I have no recollection of it."
GUILTY on the Second count. He had been convicted of robbery with violence on July 25th, 1893.— Three Years' Penal Servitude.
MESSRS. CHARLES MATHEWS and GUY STEPHENSON Prosecuted, and MR. WARBURTON Defended at the request of the COURT.
MARY KENEALY . I am the wife of Maurice Kenealy, a painter, of 9, Goldsmith Street, Drury Lane—we live in the third floor front room—we had four children with us there—I had a little girl, Mary, aged four years and three months—on January 23rd Mrs. Caldon and her children were living on the second floor back—a staircase led down from our floor to Mrs. Caldon's, and then to the first floor—on January 23rd, about 1.20, I was at home looking out of the window, and I saw my little girl Mary playing with her. brother Patrick, who is 6 1/2 years old—I left the window and did not see her again that day—about an hour afterwards William Caldon came and spoke to me, and in consequence of what he said he and my little boy John ran downstairs—I followed them shortly and on the second floor landing I saw John with Mary in his arms; John is 14—I noticed dry blood on each side of her face and hair, and on her clothes—it looked as if it had been done a good while—I took her in my arms—I did not notice any sign of a wound upon her neck then—Mrs. Ashford came and took the child away from me and ran to the King's College Hospital with her—I think I heard the child moan twice, that was the only sign of life—I went to Mrs. Caldon's room on the second floor—I saw some spots of blood on the stairs leading to Mrs. Caldon's floor—I pushed the door open and saw the prisoner kneeling at the foot of the bed with a pail beside him, wiping up some smeared blood on the floor at the foot of the bed—he was the only person in the room at the time—there were some bits of carpet on the floor, but not where the 'blood was—I said, "What has my Mary done in here? she has been in here: has Mrs. Caldon fallen on her, or has she fell off of the chair?"—he said nothing, I said, "Tell me, so that I can tell the doctor when I go here"—he said, "She has not been here"—that was all that was said—I went up to my room and put on my shawl and went straight down to the street door—I was speaking to Mrs. Dngh when the prisoner came and stood at the side of the door staring at me—he came down the stairs—my attention was attracted to a big spot of blood on one of his boots—I said to him, "You villain! look at the blood on your boots, you must know something about it"—he said, "No, no" or "Nothing of the kind," something like that, then he walked a few steps up the street and then he ran—I did not notice what my son did—I went to the hospital where I learnt that my child was dead—this little tippet (Produced) is what the school teacher gave Mary—when I saw her playing about in the street at 1.30 she was wearing that—she had not got it on when I found her in my son's arms.
Cross-examined. There are three floors in the house, and a basement—a great many people live upon each floor——I have been there twelve months—there were four families on the third floor and four on the second floor—a lot of people would be coming in and out—anybody committing a crime would be almost certain to be discovered—I had never spoken to the prisoner before—I do not know what he did for a living—when he spoke he spoke very sensibly.
WILLIAM CALDON . I am sixteen—I live with my mother at 9, Goldsmith Street on the second floor back, on the right-hand side coming up the stairs—I have known the prisoner since three days after Christmas; I have seen him at home in my mother's room—he used to come four or
five times a week to call me—I have got a finger off—he came to black my boots and help me dress—I am employed at a printer's at St. Martin's Lane—on January 23rd, about 8.30 a.m., I went to work—when I left the prisoner, my mother and my little sister were in the room—I returned about 2 30 for my dinner—going up the stairs I saw a child lying on the stairs in a pool of blood, between the window on the stairs and the landing—the child's head was on the landing—she was just at the bend of the stairs—she was on her back, with her head pointing downstairs—her clothes were over her head and her legs were a mass of blood—I saw Mr. Lawrence standing at the window—he is the Prudential man—he was making a note apparently—he did not appear to notice the child—I placed the child in a sitting position in the comer, as I did not recognise it at first—she just gave one moan—I ran upstairs and knocked at Mrs. Carey's door on the floor above ours next to Mrs. Kenealy's—I got no answer there—then I opened Mrs. Kenealy's door, and walked in; I saw Mrs. Kenealy and her son John—I spoke to them, and John came down with me to the child—Mrs. Kenealy came down shortly afterwards—John then recognised the child as his sister Mary—then I recognised her—I went with Mrs. Ashford to King's College Hospital with the child—I had not seen the prisoner at all since the morning—I did not see him until I identified him—when I returned about one hour afterwards I went into my mother's room where I saw two knives ( One produced) on the table—I did not notice anything particular upon this one—it seemed as if it had been wiped—it is a knife I very often saw my mother use for shelling walnuts—the floor seemed as if it had been just wiped up with something—I saw a pail and a cloth in it which seemed as if it had been used for wiping up some blood—the water in the pail seemed to have been coloured red—these boots (Produced) were mine once—I left them under the bed in our room—I last saw them here on January 20th—the boots the prisoner had were very much worn, and I said to him, "There are a pair of boots there, which are a little too small for me, and if they fit you, you can have them"—they are a pair of brown boots blacked over—when I saw the child lying on the stairs, the door of my mother's room was shut.
Cross-examined. The prisoner used to do odd jobs for my mother—he used to get some food and a few halfpence for doing them—I do not know that he was the laughing-stock of the neighbourhood—I used to speak to him—I do not know that he has lost a finger—he was always kind and nice in his manner towards me.
JOHN KENEALY . I am fourteen—I live with my father and mother at 9, Groldsmith Street, in the front room on the third floor—I know the prisoner—I have seen him in the yard and on the stairs and in Mrs. Caldon's room—I knew him as "Georgie"—I have only spoken to him once—on January 23rd I saw the prisoner in the morning—he was in the yard—he had two pails—I did not notice anything about him then—I last saw my little sister Mary about 1.20, she was playing with her brother Patsy in the street opposite the school—I saw her out of the window—Patsy came up about two o'clock and spoke to my mother—about 2 30 William Caldon came up and spoke to my mother—he and I went downstairs and found my sister lying on the stairs—I saw Mr. Lawrence, the insurance agent, there, leaning on the windowledge
writing in his book—the child was below where he was, and he did not appear to notice her—my mother came down, and Mrs. Ashford came and took the child away from her—I noticed a big stain of blood on the stairs where the child's head had been lying, and stains going into Mrs. Caldon's room—mother went into the room, and I heard her say, "What have you done to my child, has Mrs. Caldon fallen on her, or has she fallen off the chair?"—I spoke to the prisoner on the stairs—I told him Mary had been in the room, and he said she had not—I noticed some blood on the prisoner's boots downstairs—my mother spoke to him, and said, "You villain, look at the blood on your boots!"—when she said that the prisoner turned round and walked up the street, and I ran after him; when he turned the corner he started running; I ran after him, but lost him in the crowd.
ANNIE ASHFORD . I live in this house, and occupy a room on the first floor—I heard Mrs. Kenealy call out on January 23rd—T took the child to the hospital—I only noticed a slight bruise on its forehead when I took it from its mother—it was alive when I took it, but it died on the way in my arms.
CATHERINE CALDON . I live at 9, Goldsmith Street, with my son and daughter, in the second floor back room—I got to know the prisoner last summer at the Marble Arch; I sell flowers there on Sundays—he minded traps and cabs and did odd jobs—he first came to my room on Christmas morning—my boy had just come out of the hospital; he has got his finger off his right hand—I told the prisoner he might come about 7 a.m. and help my son on with his coat and polish his boots—he came three or four times a week—he would stay till I went to market, and I told him to lock the door and leave the key downstairs, which he did—I used to give him some food, and sometimes a little money—he said he was living in the Salvation Army Shelter, in Edgware Road—I remember him coming on Monday, January 23rd, at 7 a.m.—my son went out at 8 o'clock, my daughter went to school at 9 o'clock, and I left at 10 o'clock and went in-to Mrs. Sheedy's room next door, whose baby had been christened the day before; we had had a little drink the night before, and something that morning—when I left my room about 10 o'clock, the prisoner was standing by the fire, lighting his pipe—I said, "How long will you be here?"—he said, "I shall be going at dinner time"—I said, "Turn the key in the door"—I stayed in Mrs. Sheedy's room till 1 o'clock—no one was in my room except the prisoner—the floor was nice and olean, and all tidied up—this knife I used for shelling walnuts.
Cross-examined. I have always found the prisoner a quiet, well-behaved man—he always behaved well to my children—he did not speak much.
Re-examined. On the Sunday night the prisoner went out and sold me a few flowers—he and I were at Mrs. Sheedy's that evening—I had some drink—the prisoner had a little drop of lemonade with a little whisky in it.
MARGARET DUGH . I am the wife of John Dugh, of 9, Goldsmith Street, on the third floor, next to Mrs. Kenealy—I know her children—I saw Patrick and Mary playing in the street on January 23rd—I saw both of them come in about 1.45—I did not see where they went—Mr. Lawrence called between 2.20 and 2.25, after which I heard an alarm.
NELLIE CALDON . I am ten years old—I knew Mary Keneal—I live with my mother in Goldsmith Street—I remember the day Mary died—I went to school that day; I came back to dinner at 12.30, and went into my mother's room—" Georgie," the prisoner, was there—I got my dinner of boiled rice, and had got the spoon up to my mouth, when the prisoner said, "Kiss me before you begin to eat it"—I was standing up at the table—the prisoner was by the mantelpiece—I rushed out of the room, and he followed me to the door—he had never said that to me before—I did not have any dinner that day.
MAURICE KENEALY . I am the father of the little girl who died—I picked up this tippet about 3.30 p.m. after I returned from Bow Street—it was lying about 6 in, under the bed—there were some spots of blood on it—this knife belonged to me once—I cut my initials on it.
Cross-examined. This is a sort of shoemaker's knife—I used to repair my children's boots with it—I last saw it about eighteen months ago.
CATHERINE SHEEDY . I live on the second floor at 9, Goldsmith Street, in the front room—Mrs. Caldon came into my room about 2 o'clock on January 23rd—she had been in before, about 10—my baby was christened on the day before—Mrs. Caldon had had a little drop—she had her senses—I did not hear anything that happened.
WILLIAM CHARGE . I was a shoe black at one time—I have known the prisoner as a loafer for about three months—I called him "Little Tich" and lately "Georgie"—I saw him on January 23rd about 3.30 at the Marble Arch—I was talking to a man named Greenhalgh—I saw the prisoner coming from the direction of Oxford Street—I said, "Here comes our 'Little Tich'"—the prisoner said, "I must clear out of this; I have got a job at Bristol"—he then took Greenhalgh aside—I did not hear what he said—his boots looked as if they had been recently washed—I noticed that he was very white and trembling, as though he was drunk—he left and went towards the Bayswater Road—he kept turning round as if somebody was following him.
Cross-examined. It did not occur to me that he might have had a fit—I had often spoken to him before—he was not thought rather soft—he was not laughed at—I did not make fun of him—I did not hear other people doing so—as far as I know he was a quiet, well-conducted man.
ROBINSON GREENHALGH . I am an engine fitter—I was with the last witness at the Marble Arch on January 23rd—about 3.30 the prisoner came up—the shoeblack spoke to him—he said, "Hulloa, Little Tich, what is the matter with you?"—he came up to me, and I said, "You look as if you have been having some beer"—he said, "I have had a drop"—he drew me about six yards away from the shoeblack, and said, "I have got myself into trouble; I have been fighting; with a big man, and I took up the poker and laid open his skull, and I believe I have killed him"—pointing to the wrist of his left coat sleeve, he sail, "Look here, blood," and likewise about opposite the second buttonhole on the coat—there was blood on his left wrist and on the inside of the knee of the left leg—his boots looked as if they had been wiped with a damp cloth—he said, "I must be off, I am going to Bristol"—he went down the Bayswater Road, and I never Saw him any more until I saw him at Bow Street—when I saw
him he had three or four days' growth of hair on his face, and he always wore a moustache.
Cross-examined. He did not alter his moustache at all—I should not have noticed the blood on him unless he had called my attention to it—he did not seem ashamed of it.
GEORGE GRAY (Detective K), On January 25th, about 8.15 p.m., I went to Leader's lodging-house in Crawford Street, Canning Town, where I saw a number of men, amongst them the prisoner—I called him outside and told him I was a police-officer—I asked fur his name, and he said, "George Robertson"—I asked him if he was known by the name of "Georgie" and "Little Tich," and he said, "No, I have never heard of them"—I asked him if he knew Goldsmith Street, Drury Lane, and he said, "No"—I asked him if ho knew Mary Kenealy, of 9, Goldsmith Street, and he said, "No"—I asked him where he slept on Monday night—he said, "At a lodging-house at the back of Leman Street Police-statioin"—I asked him when he arrived in Crawford Street, and he said between 3 and 4—I said I was not satisfied with his explanation, and should take him into custody on suspicion of the murder of Mary Kenealy on the 23rd—he said, "That is unfortunate for me"—I took him to the station and found on him 1s. and some bronze—he was cleanshaved then, except his moustache, which looked as if it had been recently trimmed.
ALFRED LEACH (Detective Inspector E) On the 23rd I received information of this murder, and on the 26th I found the prisoner at Bow Street—he was identified—he said he was a labourer and 46 years old—he said he had no fixed abode—he gave his name as George Robertson—I said I was a police officer and should charge him with the murder of Mary Kenealy with this knife, which I showed him—he made no reply—his clothes were handed to the doctor.
PERCYT LEVICK . I was house surgeon at King's College Hospital on January 23rd—the little girl was brought there about 3.15—she was already dead when I saw her—death had taken place within a few minutes—there was blood on her face, hair, and clothing—next day I made a post-mortem examination—on the face there were three bruises—on the left side of the neck there was a cut two inches deep at its deepest part and running almost through the neck, severing the vertebral artery—this knife could inflict such a wound—that wound and the loss of blood was the cause of the child's death—there was also a bruise on the top of the scalp—I also found immediately inside the orifice of the anus a small slit about half an inch in length—higher up the rectum, about half an inch in, in the same line there was a scratch, which went through the mucous membrane—it was quite distinct from the first slit—I came to the conclusion that the anusmust have been dilated to inflict those wounds—I think a man's finger-nail, described as strong, rounded, and pointed, could inflict those wounds, but I do not think it probable—I think it more probable they were inflicted by the knife (Produced)—I think this anus wasdilated by the finger and then the knife used for the purpose of creating the wounds—that would involve the introduction of the knife and the finger—I cannot imagine how it could have been done otherwise—there was no wound on the outside of the rectum—I think a man could have put his finger up
and dilated the anus, and then put the knife up—there was a third wound in the rectum, which lay to the left, and which was more of the nature of a stab—it was much deeper—it was close to the orifice—it was about half an inch long and the bottom part was about half an inch from the orifice of the anus—a knife would have to be put up the anus to cut the third wound—I have not seen the nail in question, so I cannot give an opinion as to whether the wounds were caused by it or not.
GEORGE ALBERT HAMERTON , F.R.C.S. I am divisional surgeon of police—I went to Mrs. Caldon's room in Goldsmith Street—on the small landing midway between the first and second floors I saw stains of blood—there was a good deal of dirt over it—I followed the marks up to the second floor—I went into the room, and under the bed, near the foot, the floor had been recently washed, but there were stains still there—I took away portions of wood and afterwards examined them and found they were bloodstains—the tippet was on the bed—it had dry blood stains upon it—on the table I saw two knives—on the one produced I saw a smear as if it had been wiped, but not perfectly clean—on examination I found it had blood on it—there was a pail with a good deal of red fluid in it, which turned out to be blood mixed with water—there was also a piece of rag in the pail—I was present at the post mortem—in substance I agree with the evidence which has been given by Dr. Levick—I agree with him as to the cause of death—I think the wounds in the rectum were caused by the nail, but I have not seen it.
HY. MAUDSLEY , M.D., F.R.C.P.—I have great experience in all questions affecting diseases of the mind—on February 28th I visited the prisoner at Holloway Gaol, and, in conjunction with Dr. Scott, I made a medical examination of him—I talked with him for upwards of an hour—he talked with me very freely and quietly—he gave me what purported to be some of the incidents of his life—he siad that in 1883 he went to the United States with a slater, for whom he worked in New Brooklyn; he was getting wages of five or six dollars a day; he returned lo England in 1888: he stayed in London till 1889, and then went to hit sister in Liverpool, and was sent by her back to the United States, working his own passage out as assistant in the cook's galley: he went back to his former employer in Brooklyn: he returned to England in 1894, working his own passage back in a cattle ship, assisting to look after the cattle; he led a vagrant life in this country after 1894, getting odd jobs attending to cabs, selling matches, and doing any little work he could get, but no regular employment—he said that for weeks together he was unable to pay for a bed, and sometimes he even went without food: he said he went first to Mrs. Caldon's room on Christmas Eve, 1898; that he had been selling flowers for her on that day, and bad sold 14s. worth; that considerable drinking took place that evening at Mrs. Caldon's; after that he went there four or five times a week to assist her son, and polish his boots, and stayed there generally till one or two o'clock; there had been a christening at Mrs. Sheedy's on January 22nd, and there had been some drinking; that he slept that night at the Salvation Army shelter in the Edgware Road, and that on January 23rd he returned to Mrs. Caldon's to assist as usual, and was in Mrs. Sheedy's room till 11.30 in consequence of the
christening; he said he had some whisky and beer; that he returned to Mrs. Caldon's room about 11.30 a.m., and remained some time; then he laid down to sleep, and was awoke by Mrs. kenealy coming to the door soon after two to inquire about her child—he denied Nellie Caldon ever being in that room, or anybody else; he denied that the deceased girl had ever been in the room, and that there was ever any blood on his clothes, that he ran away, or attempted to run away, or ever spoke to the shoeblack or to Greenhalgh—he could give no explanation of the blood being found on the floor by Mrs. Caldon—I formed an opinion as to his mental condition—I think he is capable of appreciating the difference between right and wrong—I could not certify him as legally insane, although I think him a person of low mental organisation, very defective in a moral sense, and with the cunning of that kind of intellect—in giving that opinion as to his moral sense I am influenced by the deposition of his mother as to what happened to him in his younger days—I am sure he knows when he is doing wrong, but I do not know about his feeling it—he knows that doing wrong would bring him into danger of punishment—I examined the index finger of his right hand, the nail is very strong, rather long, and cut round almost to a point—I think the wounds in the rectum were done by the nail—I think if the knife had been used the injuries would have been greater.
Cross-examined. T know of masked epilepsy—it may develop suddenly and might disappear suddenly, but it would probably be recurrent—under those fits a man might commit some fearful act and know nothing of it afterwards—whatever he did would probably be done suddenly and with great violence—the prisoner must have been a troublesome boy—I know his mother says he pit his fingers into a machine and had them crushed and seemed not to mind, but he denies that—he said it was an accident—he was not taken to an asylum—he was taken to St. Mary's Hospital and the doctor said he was not insane enough to be sent to an asylum—the miserable life he has been leading would tend towards the greater probability of bringing on an attack of the mind, but I do not see the least evidence of it—I do not think he had a fit on this day, I cannot say for certain; I see no traces of it—lunatics often show great cunning.
Re-examined. Epilepsy might show itself in great violence—there might be no indications—I find no evidence of epilepsy in this case—he remembered the visit to St. Mary's Hospital.
By the COURT. I do not think a person who had just had an epileptic fit, would be wiping up stains from the floor, or would run up the street—if a person has had an epileptic fit he would probably be in a confused state for some time—he would not be composed.
Cross-examined. He went to school very young and made very little progress—during his childhood I was very anxious about him—once he filled his sister's mouth and nose full of dead flies till she was very nearly suffocated—I took him to St. Mary's Hospital, when he was about fourteen, to be examined as to the state of his mind—I did not think he was right—the doctor told me he was not bad enough to be put away—on one occasion he put his fingers into a machine, and they were crushed, but he
did not seem to have any feeling—before he left school he ran away ten times from home, and we used to be about the streets night and day looking for him—when we found him he was almost a skeleton for want of food—if he had come home he would have had food and lodging—he would stay out for weeks together—we once found him, when he was about twelve, on the top of Notting Hill Gate railway station—he ia forty-four now—we did not see much of him after he grew up—he went to my sister's at Birmingham, and then to America—he had fits when a baby, but not when he was six or seven—he had fits till he was four—he had a bad fall when he was with his grandmother and cut his head open—he was about six then—also I believe, at Birmingham, he fell from the roof of a house—he was twenty-two then—after he left us he used to come to dinner on Sundays for about four years, but since then I have not seen him—his sisters have seen him at the Marble Arch—my husband is alive still—if he had come to us he would have got help, he would not have had to sleep in the Park—all my children are doing well—he knew our address when we were at Norland Road, North, but if he did not know the present one, he could have got it—he could always find his father, because his father has been so many years at his employment.
Re-examined. He has been supporting himself since he left us—he struck his father who told him he must support himself.
JAMES SCOTT . I am medical officer at Holloway Prison—since the prisoner has been there, I have had him under my observation—I was present when he was seen by Dr. Maudsley, and I agree with the evidence which has been given by him—I consider the prisoner of a low type of intellect, but I see nothing to lead me to believe that he was insane on January 23rd—I saw no evidence to make me think he could not distinguish between right and wrong—I think, if the evidence is true, that he was responsible for his actions—I think the injury to the child's rectum was indicted by the nail, and not by the knife.
GEORGE ALBERT HAMERTON (Re-examined). In a person predisposed to insanity, a heavy bout of drinking would be an exciting cause—people of weak intellect are very often of miniture stature—dwarfs who are perfectly developed are often of weak intellect—I think a man like the prisoner is more subject to violent excitement than a man of ordinary stature—there is a greater percentage of insanity among people of this build than among people of ordinary proportions.
By the COURT. I have not examined the prisoner as to his mental condition.
GUILTY .— DEATH .
NEW COURT.—Wednesday, March 8th, 1899.
Before Mr. Recorder.
For other cases tried this day see Essex cases.
OLD COURT.—Thursday, March, 9th 1899.
Before Mr. Justice Bigham.
MR. AVORY, for the prosection, offered no evidence.
NOT GUILTY .
MR. DRAKE Prosecuted, and MRBEARD Defended. The JURY, under the direction of the learned Judge, stopped the case, and returned a verdict of
NOT GUILTY .
MR. BOYD Prosecuted. MR. A HUTTON defended Ward. FRANK HOWES. I am a clerk of 57, Shakespeare Road, Acton—the girl Perry came to my house on February 6th and remained there till February 13th as a lodger—she left on the morning of February 13th—she was turned out by my wife because she did not pay her way—she did not pay what she owed when she left—on the evening of the 13th my wife handed me an unopened letter in a envelope which I cannot find; it was addressed to me and I think marked "Private"—I found this letter inside, "Sir,—I was very much surprised to hear of your extremely disgraceful conduct towards Miss F. Perry, a great friend of mine. What is the meaning of it? You are probably aware that a term of imprisonment is the penalty for a criminal ofifence or even the attempting of such an offence. But before taking any action in the matter I think it only right that you should have an opportunity of settling the matter privately, and you ought at least to pay the girl a sum of money, say £2 or so. I must add that if you don't agree to settle the matter in this way I shall certainly call and see you (or your wife), and if I do you may rely upon my doing my utmost to make matters 'horribly unpleasant' for you. Lest you should think I am writing this merely to frighten you, I must add that I have several friends (solicitors by profession) who would advise me what steps to take on behalf of Miss Perry, and I have also the necessary capital, and in the event of your not coming to some terms privately with the girl you will have cause to regret it.—Yours faithfully,A FRIEND,"—on the evening of the next day I saw Perry at the door of another house in the street—I went down and said to her, "I want to know who wrote that letter"—she refused to tell me—I said, "There are ways and means of making you tell"—a police-sergeant came up, and I asked him if he would wait and I would show him a letter which this girl had caused to be written—the girl was present then—I went indoors and got the letter, which I showed to the policeman, who then took her into custody—I never went into the girl's bedroom when she was in my house—I was never guilty of any impropriety—I did not speak ten words to her.
Cross-examined by Perry. I did not ask you to go out with me—I did not go into your room.
Cross-examined by MR. HUTTON. I did not see Ward there at all.
KATE HOWES . I live with my husband, the last witness, at 57, Shakespeare Road, Acton—I remember Perry coming and taking a room on February 6th—she agreed to pay 4s. a week—she stayed one week—on the 13th I asked her for the rent—she said she would get it from her young man—she went out to get it, and did not return—I told her of her condition on the Tuesday—she owed 4s.—I let her the room on the Monday night—I asked her if she had got herself into trouble—she said, "Yes"—she assumed to be married—she said she was engaged to Charles Ward, 3, York Road—she never made any complaint of my husband's conduct while she was in the house—on February 13th, about 8 p.m., I found a letter in a letter-box, addressed to my husband, marked private—I gave it to him about 11.15 p.m.—I have seen its contents.
ELEANOR CARTER . I am the wife of William Carter, of 30, Grove Road, Acton—Perry came to my house on February 13th—she said she had been having a few words with her landlady, and she wanted a bedroom—I let her have a room—on February 14th, she showed me this letter—(A copy of the former letter.)—she said she had put a copy of it into Mr. Howes' letter-box, and that he had been into her bedroom.
JAMES GRATTEN (Police Sergeant 62 K), On February 14th, at 11 p.m., I saw Mr. Howes speaking to Perry--when I came up he went indoors and brought me out a letter, which I read, after which I asked him if he wished to give the prisoner into custody—he said, yes, he did—I said to the girl, "I shall take you into custody for writing this letter, demanding money"—she said, "I did not write the letter, it was written by a friend of mine, Mr. Ward; I hope you will not bring him into it"—I went to 3, York Road—I saw Ward—I cautioned him, and said that I should take him in custody and that any statement he might make would be taken down in writing, and that it was for being concerned with Florrie Perry in writing the letter—I then read it to him in the presence of his father who said, "What made you write the letter, Charlie"—the prisoner replied, "I wrote it on her behalf"—I took him into custody—nothing relating to the charge was found on him.
MARY ANN MANNING . I am matron at Acton Police-station—on February 14th I searched Perry, and found two letters, four sheets of note paper and a newspaper cutting on her—(One letter was from Ward to Perry, telling her to give Howes the letter, saying that in all probability Howes would come to terms, and, if he did not, he (Ward) would call and see the prosecutor and also let his wife know.)—she told me she was in trouble, and her young man, Charles Ward, was the cause of it—she said she was four months gone. (Mr. Hutton submitted that there was no case to go to the JURY as far as Ward was concerned, as although he wrote the letter he did not know what became of it afterwards MR. JUSTICE BIGHAM considered that the case must go to the JURY.
Witnesses for the Defence.
CHARLES WARD (The Prisoner). I live at 3, York Road, Acton, with my parents—I met Miss Perry last summer, and I have been going out with her pretty frequently since—I remember when she went to Mr. Howes' house—I did go into the house—I went, out with her while she was there—I saw her on February 13th, about six o'clock—I wrote both
the letters and one to Perry—the girl came to me—she was crying—she said Mr. Howes had indecently assaulted her—she asked me if I would do anything—I said I did not want to be mixed up in the affair—the girl was not engaged to be married to me—I do not deny that I have been intimate with her, but I am almost certain that she has been intimate with other men.
GUILTY. Strongly recommended to mercy by the JURY on account of their youth . Discharged on their own recognisances.
NEW COURT.—Thursday, March 9th, 1899.
Before Mr. Recorder.
MR. BRUCE Prosecuted.
ROBERT KEIR . I live at the Sailors' Home, Whitechapel—on Thursday, March 2nd, I had been paid off, and was buying some clothes—the prisoner and another man came into the shop, and I went to a public-house with them and stood them some drink to get them away—we then went to a cook-shop and I ordered eggs and bacon for three—I said, "I want to go to the urinal; there is half-a-crown to pay for the victuals"—when I got into the urinal one got me by my mouth and arms and the prisoner put his hands into my pocket—he ran away—a constable came and I told him—he came back with a plain-clothes constable—a girl said something—the prisoner came over—I said, "That is the man"—he ran away and the constable caught him—I lost £2 16s.—I heard him charged at the station—I was not hurt at all.
Cross-examined by the prisoner. I said outside the public-house, "What are you following me for?"—I gave you a shilling to go away, not two—you came across to the young woman—I said to the constable, "That is the man," and I believe you struck him on the chest.
JAMES STEWART . I am a seafaring man and live at the Sailors' Home, Wells Street—on March 2nd, between 3 and 4 o'clock, I went with Keir to a tailor's shop in Cable Street to get a suit of clothes—the prisoner and another man came up, and when we came out of the shop the prisoner said, "Give me a shilling"—I said, "No, I will give you a drink"—I was in the prisoner's company about ten minutes.
FREDK. GOSBEE (421 H). I was at the station when Keir gave information I went with him into Wells Street, where he saw one of the young women he was with in the afternoon—he called her over and asked her something, and a second girl came over—he said something to her; the prisoner followed her, and Keir said, "That is the man; I give him in custody"—I followed him twenty-five yards into a dark passage, where we fought together—he struck me on the chest, and I fell against the wall—assistance came, and he was taken to the station.
Cross-examined. The tall sailor did not say, "Are you the man who was drinking with me?"—he said, "That is the man that robbed me"—I found out that your sister lives in the passage into which you ran—you struck me two violent blows on my chest.
DORA MYERS . I live at 91, Cable Street—on March 2nd, in the afternoon, some men came in the shop, and bought some clothes—the prisoner is one of them; they left a deposit, and in the afternoon five of them came—the prisoner was one of them; he asked me for a commission—I said, "If you don't bring customers you can't have a commission"—his hand was bandaged, and he said he was a fireman.
Evidence for the Defence.
JAMES FLEWETT (The prisoner). Last Saturday night I received burne in getting two persons out of a tire—I went to a clothes shop to buy some-clothes; they said, "Come with us, if we bring any one they expect a commission"—I believe he gave the other man a shilling—when we came out he said, "What are you following me for, I will give you a shilling"—I said, "I don't want your shilling"—I went home and laid on the bed; my mother woke me up and asked me to have a cup of tea—I went out and met one of these girls who said that the man I was with was locked up for being drunk but they had let him out, and the prosecutor came up and said, "That is one of the men who robbed me "; and the policeman took me—I never laid my hand on that constable unless it was when he-twisted my hand and I put it on his chest; you see these two burns which I received.
Cross-examined. I live at 6, Harold's Place, Wells Street, at my mother's—that is not a minute's walk from Leman Street just across the road—I do the best I can for a living.
Q. By the COURT. Did you swear at the police-court that at that very time he was at home? You said that you lived at 6, Harold Place, White-chapel, and that your son was at home at 5:30, and that was read over to-you and you made your mark.—A. I did not say so, because I was not at home.
Prisoner's Defence: It was impossible for me to rob this man; my hands were too bad; I have a piece of flesh burnt off my finger an inch and a-half long, and another piece on the other hand the size of a shilling, and if I had known this man had been robbed I would have gone to him with the young woman. Directly he said he had been robbed, I ran to my sister's place to call my mother.
GUILTY .—He then PLEADED GUILTY to a conviction at Clerkenwell on January 24th 1893, and thirteen other convictions were proved against him.— Eighteen Months' Hard Labour.
236. WALTER ALEXANDER LEFEVER (40) PLEADED GUILTY to unlawfully obtaining goods on credit within four months of his bank-ruptcy. Recommended to mercy by the prosecutor. He received a good character.— Judgment respited.
Mr. Rooth prosecuted.
ROSE SHEPPARD . I am the wife of Alfred Sheppard, of 15, Copeland Road—on January 25th I left my house at 2.48, and I fastened the door with a latch which can only be opened with a key—I returned at 3.48 and found the house had been entered and property stolen, value £8 or £10, among which was this metal watch (Produced)—it belongs to my son—it was in my house when I left—it was gone when I returned.
FLORENCE RUDD . I am the wife of Major Lawrence Rudd, and live at 49, Carlisle Road—on January 25th I was passing down Copeland Road and saw in Mrs. Copeland's porch the two prisoners—I am positive of the younger one because he looked at me so rudely—I only saw the back of the elder prisoner, and I recognise him by his hair and figure.
Cross-examined by Hodges. I did not identify you at the North London Folice-court, I said I could not be positive.
SUSAN PAUL . I am the wife of Alfred Paul, of 13, Copeland Road—on January 25th I had to go to the door to tradespeople, and I saw a man standing on the opposite side of the road; another man came up the road and he crossed over and spoke to him—after speaking to each other for a second or two the younger man made a sudden bolt—that two prisoners are the men—I identified them immediately.
Cross-examined by Hodges. After seeing you at the front door, my curiosity was aroused, and I went into my front room and watched you for a minute or two—I know nothing of what occurred subsequently.
Cross-examitied by Burns. I identify you by your features and striking appearance.
WALTER HENBEST (Detective N.) On January 25th, from information given me, I took this jemmy to 15, Copeland Road—I found marks on the door and the jewel case; they corresponded in every way with this jemmy.
WILLIAM REED (Detective Sergeant). I showed this watch to the prisoners in Mrs. Shepherd's presence, and told them they would be charged with breaking and entering 15, Copeland Road, and stealing a number of articles, her property, and this watch—Hodges said, "Very good;" Burns made no reply.
Hodges's Defence: I am not guilty. I own I had the watch; I bought it at a sale in Petticoat Lane previous to my arrest. GUILTY .
MR. ROOTH Prosecuted.
upon it—I returned at 5.15—my attention was drawn to marks on the door.
Cross-examined by Hodges. I did not say at the Poliece-court that I found the house intact and no marks on the door—when I got home it was nearly dark and I could not possibly see than till my attention was drawn to them.
WALTER REED (306 N). About 2.30 on February 1st I was on duty with P.C. Spackman 374 K, and saw the three prisoners loitering in a suspicious manner—we followed them down Brook Road into Moray Road—Hodges went to the front door of No. 36 and appeared to be tampering with it, while Bums and Holmes waited at the appered—we hid in a garden—they had a conversation, and all three returned to the corner of Brook Road again—they came towards us, and we hid in the garden of No 15; they stopped at the comer, had a conversation, and then Hodges left in the direction of Clapton—we stopped Holmes and Burns, and questioned them as to what they were doing—they said, "We are respectable men; what right have you to stop us in the street like this?"—we told them we were police-officers, and should take them to the station as we were not satisfied with their explanation—after that I went to No 36, examined the door, and found jemmy marks upon it; I knocked and got no answer—about thirty yards from the door I saw Hodges—I went up to him, and told him I was a police-officer, and should take him into custody for being concerned with them—on the way to the station he said he was looking for the Lion and Lamb public-house—I said there was no such place—at the station he was searched by P.C. 374, and in his hip pocket was found this jemmy—I returned to 36, Moray Road, with Sergeant Reed, and examined the door and found that the marks corresponded with it—they were then charged, and in reply they said that they were innocent.
BENJAMIN SPACKMAN (374 N). At 2.40 p.m. on February Ist I was on duty with Reed, and saw the three prisoners in Brook Road, they turned into Moray Road—Hodges went up to No. 36, the other two went to the comer—we hid ourselves in a gateway—Burns and Holmes went back to Moray Road—Burns went up to Hodges, who was still at the door of No. 36, and said something to him—they both left together and went towards Brook Road—we came out of the gateway, and saw the three prisoners still together, coming towards Moray Road, and we hid ourselves in No. 15, Norfolk Road—after a short time Hodges left the other prisoners and went towards Clapton, and Burns and Holmes went into Alconbury Road—I said to Burns, "What do you mean by loitering about these roads, and where is the other man who was with you?"—he said, "No other man has been with us; we have not seen any other man ".—I said, "That old man?"—he replied, "No one whatever has been with me"—I said, "Your answers are very unsatisfactory, and I shall take you both to the station, and make inquiries"—they were taken to the station, where they gave their names and addresses—Reed went back to Moray Road and brought Hodges in, and I searched him and found this jemmy and watch upon him—they were then charged.
Cross-examined by Burns. You declined to give your name and address in the street—you said you would go to the police-station and give them there—you gave them correctly.
Cross-examined by HOLMES. I have seen you about with the other two prisoners in public-houses—I wrote to Mr. Davis—you have worked for him in the fish market for about eighteen years.
The Prisoners' statements before the Magistrate. Hodges says: "What mark was on the door was put on by the officer himself to make this charge. I did not speak to Burns; it was Holmes I spoke to." Holmes says: "I am innocent."
THOMAS HOLMES (The prisoner). I am a fish porter and this is my licence (Produced), it continues until Midsummer day this year—I admit I was with Burns on the day in question: I had been home and changed: I went down the Bethnal Green Road; I said, "Where are you going?" he said, "To Hackney; will you come for a walk?"—we went for a walk, and I was taken, as the constable said—I was never near the door of the house or the railings—I was not with Hodges; I was with Burns.
Cross-examined by MR. ROOTH. I was never near the garden of No, 36, Moray Road—I saw the officers walk down the street and cross the road to me—Burns was talking with Hodges 100 yards away—I could see them the whole time—I was not with Hodges at all; I swear it—I did not use bad language—Reed is mistaken when he says we are companions.
Hodges' Defence: "I acknowledge having the watch, but as regards committing the burglary, I am entirely innocent."
Burns' Defence: "On February 1st I was making my way to Stoke Newington. Outside Bethnal Green Museum I met Holmes and asked him to accompany me. I am quite innocent."
HODGES, GUILTY — Four Years' Penal Servitude. BURNS, GUILTY — Twelve Months' Hard Labour. HOLMES— NOT GUILTY .
MR. KYD Prosecuted.
ERNEST THOMPSON (City Police constable). On February 10th I was on duty in Fenchurch Street at about 12.10, and saw the prisoner outside 164—Lyons went into a crowd and looked into a picture shop—Wilson stood behind him, pretending to read a newspaper, while a third man, not in custody, got into a doorway, apparently to keep observation—Lyons attempted to take watches out of the pockets of people, but was not successful—they left the crowd, had a conversation, and went in single file along Lime Street to Fenchurch Street, and Lyons made a second attempt, the third man looking out as before—at 12.30 I missed them—I went to the Minories Police-station and spoke to Detective-sergeant Crouch—we then went to a crowd, which was looking at a fire in the Minories, and there saw the two prisoners with the other man, who was keeping observation—we watched the prisoners for a quarter of an hour, when Wilson started from the crowd—Sergeant Crouch caught hold of him, and I went into the crowd and fetched Wilson out—I said, "I am a police-officer
and arrest you"—as I took hold of him he dropped this watch (Produced) out of his right hand—we confronted' them, and told them they would be charged with being in the unlawful possession of this watch—they were taken to the station, and while being charged a gentleman came in and recognised the watch as belonging to him.
JESSE CROUCH (City Police Sergeant). About one o'clock on February 10th I saw the prisoners and a man not in custody, pushing in a crowd which had assembled to watch a fire—from what Thompson told me we arrested them—I took Wilson—I said to him, confronting him with Lyons, "We are police officers, and you will be charged with frequenting this place for an unlawful purpose"—at the same time Lyons dropped this watch'out of his right hand—we took them to the station, and I was about to charge them with unlawful possession, when the prosecutor came in to report the loss of his watch, and identified the watch as his—they were then charged with stealing it, and made no answer to it.
Cross-examined by Wilson, You were arrested about three or four yards from the crowd—I saw you with Lyons in the crowd covering his movements with a newspaper.
HENRY FROST JAMESON . I am a clerk in the Custom House—my name is scratched on the works of this watch, I did it myself—I last were it on February 10th in the Minories, where I was looking at a fire—I missed it and saw the prisoners arrested, and went to the station and identified it—I noticed Lyons near me in the crowd.
Cross-examined by Lyons. I did not see you steal the watch—I lost it about 1.30.
Lyons received a good character.
GUILTY .—WILSON— Fourteen Months' Hard Labour. LYONS— Eight Months' Hard Labour.
OLD COURT.—Friday, March 10th, 1899.
Before Mr. Recorder.
MR. MUIR Prosecuted' and MR. BURNIE Defended.
ANNIE MONKLEY . Before July, 1896, I was an unfortunate woman walking iu the Strand—on April 7th that year I saw the prisoner stealing a watch and chain from some one near Charing Cross—I gave him into custody, and gave evidence against him at Bow Street Police-court, and he had six months' hard labour—at midnight on September 7th, 1897, he struck me on the mouth while I was going over Waterloo Bridge, and the' same night he kicked me in the lower parts, as I was stepping out of a cab, for which he got six months—on July 29th he assaulted me in St. Martin's public-house by holding me by my throat up against a partition, when he broke a beer-glass and tried to strike me with it, but was prevented—he was prosecuted for that—I had previously to that been to Stoke-upon. Trent following my former occupation, in the potteries, where I met with Arthur Hayman, a coachman, and had been living with him for six months as his wife—I came to London on February 12th to get rooms, as
the young man I was living with has gone back to his old master as a cabman—I was in the Strand shortly after midnight, near the Griffin, when he came up and made a blow at me and snatched my watch—he said, "That will do for the time you gave me before"—I said, "All rights, Smith, I know who you are," and he ran Waterloo way—I spoke to some one who looked like an inspector, and then to a constable, who immediately ran in pursuit, but brought back the wrong man—I said, "That is not the man. 'who struck me"—I remember no more—I afterwards found myself in the hospital—I afterwards went to Bow Street and complained—I described the prisoner—my watch has not been found—the chain was afterwards handed to me.
Cross-examined. I was alone—he struck me behind my right ear—I looked round full in his face and recognised him—he was alone—I did not say I knew him until after he said, "This will do for the time you have given me," I then turned round and said, "All right, Smith, I know who you are"—I don't remember saying before the Magistrate that I spoke first: yes, I meant before I saw him run towards Waterloo Road and I followed and hunted him out—I did not see the officer run after two men—I said before the Magistsate that I was the wife of Arthur Hayman, but I withdrew that—I was going to stay with Mrs. Morton in the Euston Road that night.
ARTHUR RBDDISH (107 E). I was on duty—the prosecutrix spoke to me—I saw a redness, like the effects of a severe blow, on the right side of the back of her neck, and she complained of having been robbed and assaulted by a man she called "Smithy"—she held a broken silver chain in her hand—she pointed down the Strand, and I saw two men running away—I followed—they parted, one going down Strand Lane and the other going on for Waterloo Bridge—I caught the other man and brought him back, but she at once said, "That is not the man; it was Smithy, who sells newspapers at Charing Cross"—the man I caught gave an account of himself, and I noticed that he was a foreigner—I released him—the prosecutrix had a fit—I got an ambulance, and took her to the hospital—she had a relapse, and then the doctor allowed her to go—she complained at Bow Street Police-station, and described the prisoner—I had a brief glance of the man who ran down Strand Lane, and I believe this is the man—on arriving at the station, a boy brought this chain, which he said he found in the road.
Cross-examined. I saw the lack of the man as he ran down Strand Lane—he had the lead all the way, and I went for the other man—it was about 12.40 a.m.
Re-examined. I was at the top of Essex Street when the men were pointed out ta me—they were forty or fifty yards ahead of me.
ALBERT ENGLAND (273 ER). On Wednesday, February 15th, I saw the prisoner in the Strand, about 1 p.m.—I said, "You answer the description of a man known as 'Smithy,' wanted for lobbing and assaulting a lady near the Law Courts last Saturday night, the 11th inst, and I shall take you into custody on that charge"—he said, "I can prove I was not this side of the water on Saturday night"—on the way to the station he said, "I suppose it is that b cow who has given me time before"—on the 15th, when the prisoner was put in the dock, he said to the prose
cutrix, "Am I the man?"—she said, "I am sure you are"—he was charged,. and made no reply.
EDWARD DABBY (Detective E). I was at Bow Street when the prisoner was brought in and charged—he said that he wished to call some-witnesses, and gave me the names and addresses of five persons—he-wanted them to prove an alibi—I asked him if there was anyone else he-wanted, and I would call on them personally—he said, "I was at the-Railway Tavern all that night till turning-out time, and I then went to-the lodging-house, and shortly after went to bed"—I said, "Is there any-barman or barmaid who served you that evening that I can see?"—he-said, "No; they don't know me; it is no good seeing any one of them"—I know the Railway Tavern, Blackfriars Road, and there is a common lodging-house next door but one, No. 75, that was the address of all the witnesses.
GEORGE AUGUSTUS ROBERTS . I am Assistant House Physician at., King's College Hospital—the prosecutrix was brought in at 12.50 a.m on February 12th, suffering from a hysterical fit—she had a bruise behind her right ear—there was a slightly raised red swelling—I should say that it was recent—she had a relapse—I applied restoratives, and in half an hour she was able to leave—she had been drinking, but was not-drunk.
The Prisoner's statement before the Magistrate. "I wish to say that the prosecutrix has committed perjury from the first. I have done eighteen months for her, and only deserved the first six."
JOHN SMITH (The prisoner). I was not this side of the river on the night in question, and I never saw the prosecutrix—I was at the Railway-Tavern, Blackfriars Road, next door but one to 75, a common lodging-house where I was living—I was in and out till closing time 12 o'clock—Hurley was with me the early part of the evening—when there was an accident in Blackfriars Road—I went down in the kitchen of No. 75—About 11.30 I went upstairs to complain to the deputy about some man making a row—I don't know whether I went into the public-house again, but I know from 12 till about 12.45 the deputy manager never came down—we were playing at cards—I then went to bed.
Cross-examined. I had not a watch—I fix the time, by the Governor-coming downstairs and saying it was time to go to bed—he comes down. at 1 o'clock for it, and at 2 o'clock he winds up the kitchen altogether, and no one is let in except the night porter—I always sell papers at Charing Cross Road—I have not sold a paper for eighteen or nineteen, months—bar being in prison I have been a carman—the constable who took me can prove that—I had not the opportunity of being in work through this person always locking mo up—I have had to pawn my clothes to keep myself—in fact I could not move out of the kitchen for three or four days—I didn't drink so very much that nighty about a dozen half pints of ale—I was treated—I don't know who treated me to the last half pint; they were all strangers—I know their faces—I think the night porter treated me for one—some newspaper sellers are good runners, but I can't run at all; my breathing is very bad—that was not my reason for turning down Strand Lane, I never saw it, or the Strand either.
Be-Examined. I was in and out of the Railway Tavern up to 12—when I was asked about my witnesses I had been told the time of the robbery.
ROBERT THOMPSON . I am "deputy" at the Common Lodging-house, 75, Blackfriars Road—the prisoner was there at the time in question, and made a complaint to me about some man he had brought in with him kicking up a row—I didn't see him again till about 1 a.m.
Cross-examined. I did not fix the time by a clock.
Re-examined. I go down at 1 o'clock to turn them up to bed.
By the COURT. I sit in the passage—I could not see everybody pass in and out; but in this instance the prisoner came up and complained to me about the man.
JOHN HURLEY . I am a porter in Smithfield and was with the prisoner between 6 and 7 o'clock on the evening in question, when there was an accident at the corner of Charlotte Street, and a policeman took the prisoner's address as a witness—I saw him again at 9, when the night porter gave him 6d. to pay for a pot of ale—he afterwards went out with a Scotchman to have a drink and returned with a navvy, who had his nose cut—they afterwards played at cards—I watched till 11.15 and then went out to look for my night work, and came back about 12.15—they were still playing at cards in the kitchen—I stopped till 12.40 and then went to bed—the prisoner was sober.
Cross-examined. I can't exactly say the time of the accident—the prisoner paid for drinks with the sixpence the night porter gave him.
JACK WARD . I am night porter at the lodging house, 75, Blackfriars Road—the prisoner was there the night in question—me and Jack Hurley had a drink with him at 8.30—I see him again about 9.30, when I returned, and about 11.30, when I got up and went on with my work, and I see him again just about 1 o'clock.
Cross-examined. I was sitting down having a game of "crib" in the kitchen with three other men—none of them are here—I can't exactly say the time the prisoner began playing, it was before the public-houses closed—I don't remember saying, "I don't recollect seeing the prisoner there"—I can't say what time it was that he had a row with the man—I only had one drink—I gave the prisoner sixpence to pay, and he gave me twopence change—I thought it would save trouble, as he was nearer the bar than I was—when I was cross-examined before the Magistrate, I said that it was shortly before 1 o'clock when I saw the prisoner.
GUILTY . he prisoner then Pleaded Guilty to a conviction of felony at Clerkeniodl on April 7th 1896. Several convictions of assaulting the police and females were proved against him. Twelve months hard labour and twenty strokes with the cat.
THIRD COURT, Thursday.—
NEW COURT, Friday, and
OLD COURT.—Monday, March 9th, 10th, and 13th, 1899.Before Mr. Common Serjeant.
unlawfully obtaining goods on credit within four months of his bankruptcy.— Judgment respited.
MR. H. AVORY and MR. BIRON Procecuted, MR. MATTHEW appeared for Berkeley; MR. CHARLES MATHEWS for Morgan, and MR. WILLIAMWRIGHT For Worfolk.
HENRY MANS . I am manager to T. B. Browne, Limited, of 63, Queen Victoria Street, advertisement contractors, and have the supervision or making of contracts with newspaper proprietors, for advertisements—it is the practice in many instances to guarantee a certificate of the circulation of the papers, especaliy of new papers—Berkeley came to me prior to July, 1897, and spoke to me about Domestic Life; he undertook to guarantee the circulation of not less than 150,000 a week—about July, 1897, I entered into a written contract to take a certain portion of Domestic Life for advertisements; he told me on many occasions that the circulation of Anecdotes was up to 200,000, and the guarantee on our orders was only 250,000—this is the written contract for the advertisements in Domestic Life—(This gruaranteed the circulation at 150,000 per issue)—it is in one of our clerk's writing—exhibits 1, 2, and 3 are written contracts for advertisements in Aneodotes, beginning on February 2nd, 1897 (Stating that the guaranteed circulation was 150,000 per issue) and were addressed to the publisher—the statement that ihe circulation has gone up 150,000 beyond the amount guaranteed, is Berkeley's remark—it was renewed again on January 31st, 1898.
Cross-examined by MR. MATHEW. All these letters were dictated and signed by Mr. Dover in my office—I did not write any of them—his figure 150,000 applied both to Domestic Life and Anecdotes—I am perfectly clear about that—I am not clear over 150,000, but I am as to Anecdotes—there was a great deal of talk about both—I have not got it in writing—one of these contracts is addressed to the publisher, and one to Berkeley who I often saw in the office—he was in the employ of Sir George Newnes and before that, of the Court Journal, I had no suspicion that he was not treating me in a perfectly honourable and straight-forward way—the pub'iahing department need not be separate from the advertising department—till the books were examined there was nothing to show that these two papers were not prosperous—they were well got up—my suspicions were not aroused—Anecdotes was seen at the bookstalls—I thought it well to renew the contract—I do not know that £30,000 was spent on Anecdotes—I have heard that 300,000 copies were printed of the first issue—I would not pay £34 for a quarter page of a paper like Tit-Bits—I advertise in Tit-Bits—I think the list price is £136—the advertised ciroulation is half a million issues—it comes out once a week—the list price for Pearson's Weekly is over £100—the circulation is over half a million—those are for the back page—in the present state of affairs, if a paper has not a large circulation at first, it never gets it; for instance, Harmsworth's
Magazine ran up to 1,000,000, and the Royal Magazine runs for 1,450,000—those papers will sink a little, and remain at a large' circulation—there are publisher's certificates, printer's certificates and chartered accountant's certificates—I am not aware that the publisher's certificate is the most unreliable form—I do not know which I should choose, but if it was not satisfactory I should send it back—the value of the three kinds of certificates depends entirely on the names upon them—I should prefer one signed by two individuals, tho printer and publisher—I should believe them, and if it was signed, by a printer I should believe him; or by a chartered accountant—we should not pay thousands aod thoosands if we did not rely on certificates in a great many instances—we have never demanded a chartered accountant's certificate to my knowledge, nor do I know that ray firm has—we have had printer's certificates, but I cannot tell you whether that was because the publisher's certificate could not be relied on—my firm was defrauded of money by this—if an advertiser came and instructed us to insert an advertisement in a particular paper we get a commission from the newspaper, not from pur client—there may be an instance where we are paid by the client—our clients have declined to pay—we did not get it from the newspaper—it has never been paid; we do not know what it is yet—I am not prepared to answer these questions.
Re-examined. I had a communication from, and an interview with, Mr. Morgan, when Anecdotes was started—we advertise in every paper in England—Tit-Bits and Anecdotes are the sort of papera to look at—we advertise in papers where the circulation in 150,000, but not where the sheet is the same size, and the circulation 150,000 or 200000—a paper the same size as Anecdotes is guaranteed about that figure—I am the person who put in all these Beecham advertisements—there are weekly papers with small sheets, but I should leave them alone.
Cross-examined by MR. WEIGHT. We charge customers the same price as we charge the papers.
Re-examined. We should not have agreed to pay this price for Anecdotes and Domestic Life without a guaranteed circulation of 150,000—we do not often do business with papers with a very small circulation—advertisers have sometimes declined to pay us in consequence of the disclosures in this case—in getting advertisements from them we pass on to them, that the circulation is so much—the discussion with Morgan was about whether we would take it up—he told me what the programme was and said that the first issue of Anecdotes would be a very large one—nothing was said about price—it is usual to push them.
JAMES WANN. I am Managing Director of T. B. Browne, Limited—I knew of the contracts made for advertising in Domestic Life and Anecdotes—accounts were rendered to me from time to time asking for payment under those contracts—those accounts went first before the checking clerk, Walker, and it was his duty to ascertain whether the account was in order and whether the proper certificates of circulation had been sent in—on July 25th these two accounts were passed on to me for payment to the Morgan Newspaper Company, having been checked by the clerk, and I signed a cheque for £92 1s. 2d., a cheque on account for £200 having been pa'd in May at the request of the Morgan Company—at the time I signed it I believed that the certificate sent in was true as to
the circulation of the papers or I would not have signed it—I firat knew that the certificates were false after the company went into liquidation, and the official Receiver applied to me for the balance then due—I declined to pay it without the usual certificate, and not getting it from the Official Receiver I caused enquiries to be made, and obtained inspection of the Morgan Newspaper Company's books, and in consequence of what I ascertained I instituted these proceedings.
Cross-examined by MR. MATTHEW. Copies used to be sent to me, but I never read them—I never saw them at all—I was not in Court when Mr. Mann gave his evidence—I have seen the different forms of certificate, but the one we look at is that of the printer and publisher—I took Rogers to be what he signed himself, printer and publisher—I never asked for a chartered accountant's certificate—advertising agents sometimes claim the right to examine the books—I have never done it—I reserve to myself the right to examine Messra Harmsworth's hooks, because it is a contract, and the amount involve in it is £60,000 or £70,000 a year—there is something in the Harmsworth certificate which allows of a reduction, and it is only done once in three months, and has to be deducted—newspapers are in the habit of crying up their wares, naturally; and everybody else—there are two newspapers which say that they have the largest circulation in the world, but I consider that is of no significance—I had no suspicious as to the circulation of Domestic Life and Anecdotes—the Morgan newspaper asked on four occasions for payment in advance on their account, and they paid five percent of the amount paid before, it was due; it was deducted—this one for £200 was paid on August 12 h—I did not see an affidavit in which the circulation of Anecdotes was sworn to—I communicated with Berkeley in August, but did not say that my firm had suspected for some time that the piper was not doing so well as it had—I may have said that my suspicious were aroused by the Official Receiver declining to certify.
Cross-examined by MR. CHAS MATHEWS. In the first instance proceedings were taken against Worfolk and Morgan—I think I saw a copy of this letter from Morgan of January 19th about January 21st, but I did not instruct my solicitors to make inquiries about it—they came to me about it, and I asked to them have nothing whatever to do with Morgan, and if he approached them he must do it at his own risk, in the presence of his solicitor—subsequent to January 21st a summons was issued for Berkeleys arrest—that letter contributed to it—the first hearing was on February 1st, before Sir James Vaughan at Bow Street, when the three defendants were charged, and Mr. Avory opened the case.
Cross-examined by MR. WRIGHT. I never received a letter from Worfolk dated January 22nd—I received the first letter through the solicitors.
By MR. AVORY. This description is "Printed and published for the Proprietors by Charles Rogers."
Friday, March 10th,
JOHN WALTERS . I am checking clerk to T. B. Browne, Limited—my duty was to check and pass the accounts for payment of advertisements inserted in different newspapers—some of the accounts were in respect to
contracts in which papers were required to have a guaranteed circulation—in those cases I did 'not certify the account to be correct till I had a certificate of the circulation—I pass the account when I have seen the certificate which shows the circulation has reached the guaranteed amount—when I have satisfied myself I certify the account, and it then, goes to the cashier who draws the cheque for signature by one of the directors—early in July, 1898, I received an account from the Morgan Newspaper Company in respect to advertisements inserted in Anecdotes—it was an account for a period from April 2nd to June 25th, 1898, in pursuance with the contract of January 31st, 1898—there was £110 10s. due in respect of Anecdotes—I also received an account in respect to Domestic Life under the contract of July 20th, 1897, for three insertiona on April 9th, May 7th and June 4th amounting to £24 4s. 6d.—before I certified the accounts I had seen this certificate. (Headed "Anecdotes" and dated July 6th, 1898)—it shows that on April 2nd and 9th, 235,000 copies had been sold, and on April 16th, 240,000—that circulation is maintained up to May 21st, when the circulation goes up to 245,000, which. is continued until June 23th—Anecdotes is a weekly paper—the certificate is signed by C. Rogers, the publisher and counter-signed by J. W. Worfolk as chief accountant—this other certificate of the same date is in respect to Domestic Life—it shows the circulation on April 9th to have been 165,000, May 7th 165,000, and on June 4th 170,000—it also shows that from April 2nd to June 25th the circulation never fell below 160,000—this is signed as the other certificate—I certified the account as correct and it was passed on in the ordinary way of business—before that I got certificates of the same character in respect to both papers.
Cross-examined by MR. MATTHEW. All the certificates came before me—I do not think any of them were signed by Berkeley—I know the circulation was very much below 150,000—I think it was 25,000—£65 was-charged for thirteen times 25.000 insertions.—Pearson's Weekly standard price is £75 per page; that is for 400,000 advertisements—there was not very much difference between the two—we wfre getting as many advertisements for this paper as we should have got had we advertised in Pearson's Weekly—I do not know the scale-of payments for The Gentlewoman—I believe it is about £24 a. page—I have never seen the Chartered Accountant's certificates;. they were not used for passing accounts—I believe they are used in certain cases for verifying the circulation of a paper—I remember Mr. Ber-keley coming to speak about the certificate—he was referred to Mr. Dover—I do not know that he made any arrangements with Mr. Berkeley—I know Mr. Dover brought me amended certificates—I do not know if Messrs. Brown have had to pay any money to any persons from whom they obtained advertisements.
Cross-examined by MR. WRIGHT. Anecdotes was first published in August, 1896, and Domestic life in April, 1897—the first certificate I had in reference to Anecdotes was dated January 23rd, 1897—I do not know if that was the first—it was the first I had—it is signed by Faichney and Rogers—Faichney is the accountant and Rogers printer and publisher—I know from the papers that Faichney held the fame position that Worfolk ultimately held—the first certificate signed by Worfolk is
dated July 21st, 1897, and four after that, five altogether, I have two or three before that signed by Faichney and Rogers.
Re-examined. I had nothing to do with the insertion of advertisements in the papers—the value of an advertisement for which you are paying—depends upon the paper itself and its circulation—I remember when Berkeley came he was very much annoyed at my not passing the account—I refused to do so because I was not satisfied with the certificate—it was not made out in the usual form—I did not regard it as a sufficient guarantee—that is why it was amended into its present form—I think that was about the end of 1896.
PERCY HOWARD SUMMERS FITCH . I am a clerk in the City and Midland Bank, Queen Victoria Street Branch—the Morgan Newspaper company had an account at our bank—this cheque for £200 was paid in to their account on May 12th.
Cross-examined by MR. WRIGHT Prior to March, 1898, cheques were signed by P. H. EVANS and Mr. Morgan, and after that by the secretary, Mr. Worfolk—there was no secretary before that date—the endorsement of the secretary would be sufficient when cheques were paid in.
RUEBRN CLARK . I am cashier to Messrs. Polman and Palmer, Finebury—in July, 1898, the Morgan Newspaper Company assigned to our firm certain debts due to them—on July 28th this cheque for £200 was handed to me by Worfolk and was paid into our account.
Cross-examined by MR. WRIGHT. Our Mr. Palmer was a director of vhe Morgan Newspaper Company—he resigned in March, 1898, after which he advanced £250 to the Company.
GRAFTON GOATLEY . I was in the publishing department of the Morgan Newspaper Company—I was acting publisher—I went into the office in November, 1896, about three months after Anecdotes was started—Domestic Life started in April, 1897—up to November, 1897, Charles Roger's name was on the two papers as printer and publisher—in 1897 there were some proceedings at a Police-court, after which Morgan said that he thought it better that my name should appear on the papers instead of Rogers, and during December, 1897, it did appear as publisher for three weeks—whilst it was so appearing Berkeley came down to my office and asked me if I would sign some certificates—he was manager of the advertising department then—the certificates were as to the publication number of each issue—I said I would sign the certificate, providing I could fill in the figures, which I knew—I cannot remember what Berkeley said to that, but he made some remark and left me—he never asked me to sign any more certificates—I did not sign any—I remained as publisher about two weeks, when Mr. Morgan changed my position—he did not give any reason—I think he said something about as Mr. Rogers' name had been on the papers so long he thought it should he replaced—no fault was found with me—I remained with the company as acting publisher until it went into liquidation in August, 1898—I know a good deal about the numbers of the issues, it was my duty to keep the despatch books—neither of the papers in my time ever reached a circulation of 150,000—I was there a year and nine months as acting publisher—I did the work, but my name was not on the imprint—I think the circulation for the first week was
over 150,000—I have no record of the first number of Anecdotes; I was not there then—the first number of Domestic Life was 70,330, the second 55,497; they steadily decreased till, on August 7th in the same year, it was 6,006—when the paper stopped on July 23rd, 1898 the circulation was stated to be 165,000, the actual circulation was 4,25'—on May 7th it is stated to be 165,000, it was actually 5,010; and on June 4th, when it was stated to be 170,000, it was 4,004—from April 2nd to June 25th the highest figure was really 5,092—from April 2nd to June 25th, when. the circulation to Anecdotes is represented to be from 235,000 to 245,000, the highest figure is 26,279—while I was there it never reached 63,000—from the figures I have given, considerable reductions have to be made in respect to returned copies—I have discussed the circulation being low with Morgan and Berkeley—I never heard the actual numbers slated, but we discussed means for raising the circulation, because it was considered to be too low—it was Worfolk's duty to check the books—he would have the despatch-books, among others before him weekly.
Cross-examined by MR. MATTHEW. Berkeley had nothing to do with the writing of the paper or with the bookkeeping—the circulation could only be ascertained by looking at the books—so far as I know Berkeley never saw them—I do not know if there were puffing paragraphs in the papers saying how well they were doing—I read the papers occasionally—there was a puzzle number of Anecdotes printed a week before I went there—I cannot say if the circulation of that number was 300,000—it was a very large number—it was some time after the paper had been in existence—it was I who was prosecuted at Bow Street, but I do not know why Mr. Rogers' name should not appear on the paper—I do not remember saying to Berkeley that as I had been prosecuted at Bow Street I did not wish my name to appear on the certificates as publisher—I did not like being prosecuted, I was only a servant of the company and I felt it rather hard—I was fined £20—the Company paid that—Mr. Avory defended me.
Cross-examined by MR. CHAS. MATHEWS. I have heard that Berkeley came on to the paper from Sir George Newnes', where he had been employed in the advertising department—I think the action at Bow street was on May 15th, 1897—Mr. Morgan was managing director of the company—I do not know that he was concerned with a paper cilled Architecture—I knew he was at work on a book called "The Cathedrals of England"—I know he took an interest in it—I do not know that he wrote it—my duties tool: me away from the office a great deal—I used to go into the country to call on agents—I might be away two or three days a week.
Re-examined. The puzzle number was an ordinary number, but it had the additional attraction of the puzzle—that is what attracted the buyers' notice—nobody besides Berkeley spoke to me about the certificates.
ELEANOR NUNN . I live at 8, Fordwick Road. Brixton—I was employed by the Morgan Newspaper Company, from the start of Anecdotes, as a typewriter—I remained with the company until it went into liquidation—whilst I was there I saw Berkeley—he was manager of the advertising department—it was part of my duty to take down letters and statements in shorthand, dictated by him, or I would copy them from his draft—I
returned them to him—he never told me where he got the figures which he dictated to me—exhibit 8, respecting Anecdotes, and exhibit 10, respecting Domestic Life (Produced) were taken down by me from his dictation—the signatures there are in the writing of Mr. Rogers and Mr. Worfolk—this letter was typed by me and signed by Mr. Morgan. (Dated May 18th, directed to Berkeley, and signed "J. Dudley Morgan," stating that he should like to repeat the terms upon which he had appointed Berkely as advertising manager to his Company for twelve months from September 1st, at a commission of 5 per cent. upon the net advertising income of the papers worked by him; that in consideration of his devoting himself entirely to the duties of the position, and to bearing the costs of hiring a brougham and any other expense incurred in the procuration of advertisements, he would guarantee him an income of not less than £500 a year for the first year, and that he should like a notification from him that he perfectly under-stood the conditions under which he was then holding his appointment.) Also this one, dated September 6th, 1897. (To Berkeley, and signed "J. Dudley Morgan, Managing Director," stating that the twelve months referred to in his letter of May 18th had expired, but that he would have pleasure in renewing the agreement for a farther twelve months under the terms that they agreed to pay Berkeley a salary of 2s. 6d. a week and a commission of 10 per cent, on the gross value of advertisements published in those papers under his managementy and to allow him to draw £10 per week, but if the commissions earned did not amount to that, such deficiency would be debited to his accounty but if such commissions due to him exceeded £10 a week, the account for the surplus due to him to be paid quarterly. That in consideration of these terms he would undertake to provide a brdughamy and meet any outside expenses necessary for the procuration of advertisements; that it be understood that at the end of the agreement the question of commission should be reconsidered if the agreement was renewed for a further period.) The minute of March 21st, 1898, is in Mr. Morgan's writing—it shows that on that day Worfolk was appointed a director of the Morgan Newspaper Company in place of a gentleman who resigned.
Cross-examined by MR. MATTHIEW. I never saw Mr. Berkeley inspecting the publishing books—they were not kept in his room—he either gave me the figures in draft or dictated them to me.
Cross-examined by MR. CHAS. MATHEWS. I was there before Berkeley came—about the same time as the first number of Anecdotes was published—I know Mr. Morgan conducted a paper called Architecture—it was not one of the publications of the Company—I do not know if he was writing a book called "The Cathedrals of England"—I remember receiving a letter from Mr. Morgan last January, asking me to make a statement as to who was responsible for making there certificates (Dated January 17th, 1899, asking Miss Nunn to write out details of her work during her services unth him as shorthand writer and typist.)—I answered that letter on January 19th—I do not know if the first issue of Anecdotes was very large.
Cross-examined by MR. WRIGHT. Only one meeting: was held after Worfolk was appointed a director—I do not know the date—Worfolk had no connection with the Morgan Newspaper Company until after
March or April, 1898—he had no paid connection with them till July, 1897, although he did some work to oblige them in March—Faichney was cashier and accountant until July, 1897, when he retired and Worfolk succeeded him at a weekly salary of £3—before July, 1897, Mr. Faichney and I occupied seats in the same room alone, and when he resigned Worfolk took his seat—I remember in July, 1897, Mr. Berkeley coming into our room and producing a certificate which had been typewritten by me, and asking me to sign it—Mr. Worfolk demurred—I do not remember if he gave any reason—I think Berkeley said that signing the certificate was a mere matter of form, and that Mr. Faichney had always signed them—Mr. Worfoik objected to sign it—I think he said they were not the right figures.
Re-examined. I said at the Police court, "I seem to have some recollection of Mr. Worfolk demurring to signing the certificate, he gave no reason for demurring; I do not remember his words well enough to repeat any word."
CHARLES ROGERS I live at 39, Waldron Avenue, Fulham Road—I was engaged by the Morgan Newspaper Company as assistant publisher from July, 1896, to July, 1898—that was during the whole life of the two papers—during the whole of that time, except when Mr. Goatley's name appeared on the paper, my name appeared as publisher, or as printer and publisher—I think Mr. Goatley's name appeared in November, 1897—at certain intervals typewritten certificates were brought to me to sign—I signed them and they were sent to Messrs. Browne—sometimes Berkeley brought them and sometimes Worfolk—I knew the circulation of the paper and I knew I was signing inaccurate certificates—nothing was said at the time why I was to sign them—they brought them down and said, "Will you kindly sign these?" and I signed them and handed them back—I never saw anyone else except Berkeley or Worfolk in regard to them—I remember my name was taken off the paper for a time—no reason was given me at the time.
Cross-examined by MR. MATTHEW, Faichney also brought me the certificates to sign—Berkeley had no access to the publishing books, but I had—I knew theee were false statements.
Cross-examined by MR. CHAS. MATHEWES I took it that for any documents issued from the advertising department the advertising manager would be responsible—Berkeley had sole control over that department during the whole time he was there—my name was taken off the paper because once I was found the worse for drink—no reason was given me at the time, because I was not in a condition to listen to reason then—I was dependent upon my post at the office—I was familiar with the working of the publisihing office—I represented to Mr. Morgan that I was dependent upon the paper and he forgave me—the prosecution of Anecdotes was in May, 1897, I think—the first copy of Anecdotes was printed in very large quantities, 200,000 or 300,000—I cannot say if it was above that.
Cross-examined by MR. WRIGHT. I had been connected with only one paper before this—that was for twelve or fourteen months—except for that, I had had no experience of the pulishing department of a paper—I regarded the certificate as a mere matter of form, and nothing else—I did
not know what they were going to do—I was a servant of the company—Mr. Worfolk, as cashier, was a servant also—Berkeley alone was responsible for the advertising department.
By the COURT. Worfolk would have access to all the books at any time and could satisfy himself what the issue was—so could I.
WM. ELIGOTT . I am a printer in the London and County Printing Works at Drury Lane—we printed Anecdotes from August 12th, 1896, up to August, 1897—the first number had a circulation of 300,000, the second 150,000; I think No. 3 was near it, but after that there was a material drop—we got printing orders each week, and signed by Morgan or Goatley—I think there were three by Worfolk; none by Berkeley—I never saw him in connection with the matter—vhen we stopped printing the paper on August 5th, 1897, the circulation had dropped to 30,000—we also printed Domestic Life—we stopped printing that in May, 1898—the circulation was then 4,000—this order is from our firm to Mr. Wor-flok—" Please gi ve official order as to number to print, and if above 4,000 extra paper, (white only)."
Cross-examined by MR. MATTHEW. The orders which came specified the numbers wanted—Berkeley's name did not appear on any of those orders—I have a very hazy idea that a printer's certificate was once asked for—we never gave a printer's certificate to Browne's—Mr. Rogers was not really the printer, he was described so, it is often done—he is the man who takes all the responsibility—a printer's certificate would verify the number printed, but not the circulation.
Cross-examined by MR. WRIGHT. I do not think any of the printing orders for Anecdotes were signed by Worfolk, and I think only two as to Domestic Life then as a second confirming siguature.
FREDK. WM. JANKOWSKI . I am a clerk at the Globe Printing Works, Whitef riars—we printed Anecdotes—the highest number we printed of one issue was 26,000—I did not see the order sent to us—I did not see anybody in connection with the orders.
CLAUDE VALENTINE LABROW . I am a clerk in the Official Receiver's Department in the liquidation of companies—I produce the books of the Morgan Newspaper Company in liquidation, and also the minute-book which Miss Nunn has explained—on January 14th, 1898, the nominal capital of the company was £10,000—I think Morgan held 5,000 11 £l shares—he appears in the books as journalist.
Cross-examined by MR. MATTHEW. I do not produce the statement of affairs—I do not know that Berkeley was a creditor of the company, when it was wound up.
Cross-examined by MR. C. MATHEWS. The statement of affairs is on the Court file.
Cross-examined by MR. WRIGHT. I have not the Articles of Association here—I do not know that the qualification of a director was the holding of shares in the company to the value of £100—according to the share register Worfolk did not hold a single share in the company—there is no entry of it. (MR. CHAS. MATHEWS submitted that there was no case to go to the JURY as regarded Morgan there being no evidence to show that he was aware of the frauds and the COMMON SERJEANT concurring the JURY were discharged from giving a verdict as regarded him and he was discharged.
MR. MATTHEW submitted that there was no case agaist Berkeley as his name was not upon the certificates, and until they were signed they were not valid. That evtn if he did exaggerate the number of the issues, he was not guilty (See "Reg. v. Watson" 27, Law Journal, Magistrate's cases; Crown Cases, reserved page 18 u Reg. v. Williamson" 11, Cox, page 328; "Reg. v. Browne" 26, Law Journal, Cox, page 84, and "Reg. v. Riogeway" vi. "Foster and Finalyson," page 838). The COMMON SERJEANT considered vii. there was evidence of false pretences and that the case must go to the JURY. MR. WEIGHT then submitted that there was no case against Worfolk, he ix. not knowing the contents of the certificates or for what they were intended.
The COMMON SERJEANT considered that there was evidence for the JURY
Upon MR. MATTHEW proposing to call Berkeley, MR. WRIGHT enquired whether he would have the right to cross-examine him, and whether MR. MATTHEW would have the right to cross-examine Worfolk, if called. The COMMON SERJEANT considered that although the point had not arisen before, he thought both the learned Counsel would have a right to cross-examine both prisoners. MR. WRIGHT, however, stated that he and MR. MATHEWS Had agreed that neither Counsel should crossexamine the other Counsel's client.
REGINALD WILLIAM FITZHARDING BERKELEY (The prisoner). I have been an advertising manager for newspapers for about ten years—I was educated at Eton—I have testimonials from everybody from whom I have asked one—from February, 1894, to April, 1896, 1 was employed by the Court Journal—when I left I took a reference from it which secured me a situation on the staff of Sir George Newnes, where I received a salary of £6 a week and £4 10s. for expenses—while there I was invited by Morgan to join his newly-started newspaper as advertisement manager—I was not anxious to leave Sir George Newnes' employment—I refused to go to Morgan at first—I do not know why I changed my mind—I thought it was going to be a prosperous undertaking—I made strict enquiries about it—I knew I was not doing anything dishonest when I filled up those certificates—I heard that the first issue was 300,000, and that the third was 200,000—I never, saw any publishing book—I should be told that the issues would be up 5,000, or up 10,000, or down 5,000, or down. 10,000—I should not expect a paper of this character, which has been published tor the third time, to maintain the circulation it had on its first issue—I never signed a certificate because my signature would have had no value—I had nothing to do with the publishing department—I know that advertising managers are not supposed to know what the circulation of a paper is—I believe I represented the circulation to be 150,000—I saw Mr. Dover about the certificates—he said, "We don't want to know the figures; you don't suppose T. B. Browne rely on newspaper proprietors, do you? we have other means of gauging the figures"—I asked him what 1 should do—he said, "Well, so long as the figures on the certificates equal or exceed those on our guarantee the checking clerk has nothing to do but pass the account"—I said I did not put in the exact figures because I did not know them, Mr. Morgan's offer to me was that I should have £500 a year, and I was to provide a brougham—the guarantee was to be £520, there being 5 per cent, on the gross income and no liability on my
part—I earned about £112 commission the first year—I never made £500 out of commission—In November, 1897, I wished to take an offer of other employment—Morgan threatened me with an injunction if I did not stay till my year was up—there was a third agreement on November 1st, 1897—I have not got it—Morgan took it away to get it drafted—the terms of that were that I should have an absolute salary of £10 a week—if the returns exceeded £100 weekly I was to have 10 per cent, on any excess—it was never executed—I drew my £10 a week till about the last six months, when I could not get it—if the transactions, are of sufficient magnitude for them to agree to it, the publishers will some times allow the advertisement agent to examine their books—they can refuse to pay the account if they do not let them—Mr. Worfolk told me that his suspicions had been aroused in September, 1897, as to the circulation of the paper—he said he had a small cheque which be could not get paid—the interview took place in August or September, 1898—I was a creditor of the Company when it was wound up—they owed me £53 on a claim and about £3 on an advance—that appears in the official statement of the Official Receiver—when Mr. Goatley's name was on the papers I asked him to sign certificates—they were signed every three months—there was no necessity for his signing them for every week—I had no fraudulent intention—when I had the conversation with Worfolk he said, "These things have got to be signed"—I said something about his knowing the figures—he said, "Is it customary to give certificates?"—I said it was; he did not seem to understand the business—I never received any cheques on behalf of the firm except the £10 a week, which I drew—I was not interested in payments made to the company.
Cross-examined. When I was employed by the Court Journal and The Courier we had not an advertising agent, we had a manager—I waschief advertisement representative—no man outside the office knew the circulation of The Courier when I left it—it was a paper started by Sir George Newnes—it had a short life—I knew absolutely nothing about its circulation—I was not anxious to leave Sir George Newnes, but I did not Stipulate that the entire management of the advertising department should be left in my hands—I did for slight matters, not for large ones; it would not be given—I referred to Mr. Morgan on important points—the circulation of a paper is an important factor in getting advertisements—I do not think advertising agents would advertise in an unknown paper without any guarantee as to its circulation—they would require information, and get it, which they would duly discount—they would get information which they did not believe—I think that it is for my Counsel to say that I am not guilty of defrauding here, because although I made untrue statements I did not expect them to believe them—I was justified in making them because they were approximately true, and they would not be believed—it does not sound as if they were anything like true from the evidence—the object of advertising agents examing the books of papers would be to ascertain the Circulation, because they would not absolutely believe in the certificates—chartered accountants' certificates are supposed to be right—putting "Signed C. Rogers, Publisher" is not for the object of conveying the idea that the certificate is absolutely true—I do not say that an advertising
agent would regard 150,000 as an approximate number if 120,000 was the correct one—I did not ask Rogers and Worfolk what the circulation was because they would not have told me, and I should not ask other people—I should not ask questions behind my employer's back—I got the figures 165.000 in April and May, and the 170,000 in June, from Mr. Morgan—I did not know till the other day that the circulation was only 4,004—I did not expect the issues to be so large as the first one—I was told from time to time what the circulation of the paper was by Mr. Morgan—I said before the Magistrate that I was never informed what the definite drop was—not that I had not definite information as to the actual issue—I never saw the books—I said before "As to the certificates I never signed then myself, I believed only approximate figures were required. In May, 1897, exact figures were asked for, and I went and saw the checking clerk, and he said the circulation was not less than a certain number"—that was after I had seen Mr. Dover—Worfolk did not say he could not sign the certificates, because the figures in then were not the actual circulation—he did not say the circulation was only 70,000—it is an absolute invention to say that I said, "It is only a matter of form; you had better sign"—even considering the time the papers had been started we did not pet on at all well with the circulation; we seemed to stick—I thought Domestic Life's first issue was 310,000—I believe I inserted that fact in the Daity Mail and The Echo—Mr. Morgan did not write to me when he saw those advertisements, and tell me to stop them because the real issue was only 70,000—I might have written to him apologising, and saying I could not stop the advertisements without exciting comment from Mr. Dover, Morgan, Worfolk and I had frequent conversations as to the unsatisfactory circulation of the papers—I asked Mr. Morgan what the circulation was, because my suspicions were aroused—I cannot say when—I might have asked Rogers or Worfolk but I accepted my employer's word—I could not call him a liar—I did not think him one—the original. contracts of February 2nd, 1897, were arranged with Mr. Dover, and signed by him—before the contract of July 23rd, 1897, some man from Worfolk told me the circulation had gone up nearly 100,000—I wrote a letter on January5th, 1897, to Morgan, saying the £14 paid was extremely cheap-Mr. Morgan told me he had letters from shools of people, who regarded him with affectionate interest—I did not ask Worfolk to sign a certificate of circulation after the paper had gone into liquidation—I suggested to Worfolk on August 11th that the other certificates should be sent out at once, otherwise Browne and Co. would be writing for them to the Official Receiver—Worfolk Hid not say that as the Accounts would be collected by the Official Receiver he must be the person to send out the certificates—I may have written a letter to Worfolk—I said he must sign the certificates if he wished the money to be got in quickly—I do not think I wrote saying that if he did not soon do something the whole matter would come out—I did not say that if he did not sign the certificates he would be placed in a very awkward position with Mr. Dover.
Re-examined I was to be paid £500 a year, whatever the advertisements were—there were statements in Anecdotes puffing up the circulation—On April 3rd, 1897, I remember reading a paragraph in
Anecdotes about the first number of that paper—that was approximately true—notices were sent out saying the circulation was very large—I relied upon them absolutely—I remember some Chancery proceedings in. connection with Anecdotes about the puzzle number—I saw Mr. Morgan's, affidavit—I think the circulation in it was 300,000—I think the datewas November 14th, 1896—it was a special issue—I wrote this letter to Mr. Morgan (Dated April 9th, 1897, and apologising for not discontinuing the advertisements in the "Daily Mail" and "Echo" as to the circulations of "Anecdotes," but saying that he had not done so, at it was then too late.
JOSEPH WILLIAM WORFOLK (The prisoner). I am 45 years old, married and with five children—for twenty years I was in the service of Goff and Company in the Strand—I was cashier for twelve years—in March, 1897,1 entered the service of Architecture, Limited, at a salary of 50s. a week—Mr. Morgan was the managing director—I undertook the accountant's, work on the then new paper, Domestic Life—I was not paid for that till July, 1897—Architecture and the Morgan Newspaper Company had offices in the same building—in July 1897, Mr. Faichney, the cashier and accountant Co the Morgan Newspaper Company, retired, and I was appointed in his place at £3 a week and a 10s. weekly rise—I also received £1 10s. from Architecture—I occupied the same room as Mis. Nunn—the first certificate I signed was in July, 1895—Berkeley came to me in the room where I and Miss Nunn sat, and brought me the typed certificates and asked me to sign them—reading them, I noticed the figures did not agree with the day book, which I had recently written, up—I showed Berkeley the day book, and that the figures did not agree, and I demurred to sign them—he said it was pro forma and customary in the trade to have the certificates without reference to the correctness—he said Faichney always signed them—in consequence I signed the certificates on Mr. Berkeley's assurance—I had known Faichney for four or five months, and I knew he bore a high character—I had never signed, certificates anywhere else—I never knew that there was any guarantee whatsoever to anybody as to the circulation of Anecdotes or Domestic Life until after the winding up of the Company—I had never seen the, written contract or a copy of it between the Company and Messrs. Browne—I considered Mr. Berkeley to be my superior—he had control of the advertising department—I did not gain anything by signing the certificates—on March 21st, 1898,1 was appointed a director of the company—the qualification of a director, by the Articles of Association, was that he must hold shares to the value of £100, and if he does not he must. cease to be a director—I never possessed a share in this company, and. so never qualified as a director, and ceased to be one on June 21st, 1898, but I had in the meantime mentioned the matter to my solicitor, and, upon his advice, I did not qualify—I only attended one meeting—I had a conversation with Mr. Berkeley when the company went into liquidation, and I refused to sign any more certificates—he suggested the advisability of sending in the ceritificates, otherwise T. B. Browne would be writing to the. Official Receiver for them—I wrote a letter to Messrs Browne on January 22nd, 1899—when I signed the certificates I had not the slightest idea that. I was doing anything fraudulent or dishonourable.
Cross-examined. I was secretary as well as chief accountant of the
Morgan Newspaper Company—I had the general supervision of the books—the dispatch book was sent up to me week by week—that book shows the actual number of papers in circulation, the numbers issued, and the numbers left in stock; it does not show tha numbers returned—Domestic Life's first number was 70,000—that was the greatest number ever printed during the lattor part of the time I knew the circulation was only 4,000 or 5,000—I was certifying it at over 150,000—I was accustomed to sign the certificates—very likely I did not read the figures—I know the difference between five and sixfigures—I know the difference between tens of thousands and hundreds of thousands—I did not know what the advertising agents wanted the certificates for—Mr. Berkeley told me they were simply pro forma and I understood that they were customary in the trade—Mr. Berkeley assured me that they wanted them for purposes of their own—I went to T. B. Browne, Limited, and got a cheque from them for £200 on May 12th, 1898—I asked them to pay it in advance—I do not remember saying to Mr. Wann then that the certificate would be forwarded in due course, according to the contract—I have called on several occasions for cheques—on one occasion I took the certificates to show that I was justified in getting the payments—I took them there with a view of procuring the cheque—I think I signed certificates after I became a director—I signed them right up to the liquidation, but I was only nominal director then—after I became a director I was still under the orders of Berkeley as regards the advertising department, not as regards directorship—I did not think I was doing anything wrong in signing the certificates—after the company went into liquidation I did not see why I should sign the certificates—the books were out of my hands and in charge of the Official Receiver, and if he was going to quote the assets he must deal with Messrs. T. B. Browne—as it was a matter of form, I did not see why I should sign them any more if the company got into difficulties—Berkeley asked me to sign certificates twice.
Monday, March 13th.
J. W. WORFOLK (Cross-examination continued). Berkeley repeated his request to me to send in the usual certificates before the Official Receiver applied for them, and told me that if I did not send them in his position with Mr. Dover would be a very awkward one for the obtaining of future orders—in addition to those two interviews, I have also received this letter from Berkeley—I am inclined to think the interviews were after the letter which is dated August 16th. (This letter contained the following passage: "It will not do to have T B. Browne and Co. asking the Official Receiver for the usual certificates of circulation for July. This question will not be raised at all if you send those who usually have them the usual form without waiting request from checking clerk. The figures must be over 200,000 for A. and over 150,000 for D.L.")in the first place when Berkeley asked me to sign the certificates I demurred to doing so—I said, "I do not like to sign certificates which are not true," or words to that effect—I pointed out to Berkeley that in the case of Domestic Life the first issue was only 70,000 of the first number, and that there had been a gradual decrease since then—he said it was customary to sign exaggerated statements, and that my predecessor Mr. Fiachney had always signed them for twelve months previous to myself, but had
only signed them for Anecdotes—I was present at several meetings at which Berkeley was present, when the decrease in the circulation of both papers and the means of increasing it were the subject of discussion—they were informal meetings, at places of refreshment—on one occasion Mr. D. H. Evans said be could sell more with a wheelbarrow.
Re-examined. Before I received the letter of August 16th I did not know it was considered necessary by anybody that certificates over a certain amount should be given to Messrs. Browne or anyone else—I knew they were exaggerated, but I had no stipulation as to any increase—I had no idea that any contracts existed between Messrs. Browne, and Morgan Limited—I believe the conversations were after that letter, probably within a few days; events at that period were very rapid—the liquidation was on the 9th, and I was busy—I refused to sign the certificates, and went at once to Mr. Morgan, and had a conversation with him on the subject—after that I went to the Official Receiver in the liquida tion, and had, a conversation with him, which had reference to the fact of these certificates having been issued, and I said that I took some certificates to Messrs. Browne—I do not think I quite understood the question put to me—I cannot positively say that I did not take some there—when I took them I had no idea of the advertising contracts, or tne terms or conditions, of it—in almost all cases Rogers, the printer and publisher of the paper, signed the certificates first, and I signed afterwards as accountant—I had no salary except the £3 a week—I had nothing from my three months directorate—the meetings referred to were for thepurpose of discussing how the circulation could be raised—they were not regular meetings.
JOHN WALTERS (Re-examined). Worfolk has brought me certificates—I cannot say from memory, but I believe more than once—on more than one occasion when he called for money, I reminded him that the certificates were necessary, and he said they would follow in due course—I gave him the cheques, and the certificates did follow—Worfolk brought them, or they were sent by post.
By MR. WRIGHT. I think Worfolk brought the certificates more than once—I will swear to one occasion, "but I think he came more than once to get a cheque on account—on each occasion I reminded him of the necessity for certificates—he did not bring them when he came for a cheque on account—whether he brought the certificates more than once I cannot say—the custom was to send them by post.
Berkeley and Worfolk received good characters
GUILTY .—The JURY strongly recommended Worfolk to mercy , in which the prosecution concurred.— Judgment respited.
243. JAMES O'CONNOR (48) , Unlawfully attempting feloniously to wound John Grummett, with intent to do him grievous bodily harm, Second Count, with intent to commit a felony. Third Count, for a common assault.
MR. MUIR Prosecute.
JOHN GRUMMETT . I am a constable, employed at the Metropolitan Cattle Market, Islington—the prisoner is not employed there; he does nothing, except that he is allowed to cut off the little bit of meat that is
left between the horns, as the hides are pulled out of the slaughter-house—for that purpose he would have such a knife as this—on Sunday night February 19th, at 1.30, I was at the entrance of Slaughter House Yard talking with Fordham, a porter—I saw the prisoner there, and said he could not go in the yard, as he had no right to go there at that time in the morning—he called me a f——g bastard, and said, "I will rip your——guts up,' and drew this knife and held it like this—I made a rush for him—he ran away—he turned again on me in Market Road, and held the knife like this, and made a strike at me—I struck at him with my trunchaon, and hit him on the head; then I knocked the knife out of his hand with my trunch on, and held him on the ground till a constable came—he was notdruuk—at the station the prisoner said it was his knife; and he pointed to me and said if he got any time for this he would do for me and called me a black bastard and all other names—when I gave him into custody I said I had knocked a knife out of his hand, and that he had attempted to stab me—the prisoner made no reply to that.
JOHN FORDHAM . I am a porter at the cattle market—about 1.30 on Sunday morning, February 19th, I was at the entrance to Slaughter-house Yard with Constable Grummett—I saw the prisoner in the centre of the road; he came up towards the gate—I bade the constable good night, and I heard a bit of a scrimmage between the two, and then heard a whistle, and I turned and saw the prisoner running down the road, towards the Caledonian Road, with the constable after him—I did not see anything in the prisoner's hand—I bade the constable good night, and after that my back was turned towards the slaughter-house.
JOHN WHITFIELD . I am a cab driver—at 1.15 a.m. on February 19th, I was driving along Caledonian Road when I heard a police whistle blowing in Market Road—I drove up and saw the market constable struggling on the ground with the prisoner—the constable called out that he had struck a knife out of his hand—I got down to render assistance if necessary, but another constable speedily came up, and he picked up the knife a few feet from the prisoner.
ALBERT ROLFE (R 390). On February 19th I heard a police whistle blown in Market Road—I went there and saw Grummet struggling on the ground with the prisoner—Grummet said, "This man has attempted to stab me with a knife: I hand him into yo ir custody"—the prisoner made no reply—I discovered the knife lying about three yards away in the gutter—I took the prisoner to the station and he was charged, he taid, "That in my knife, I use it in my work," and pointing to Grummet, he said, "You F—black bascard; if I get any time there I will get hung for you when I come out"—this is the knife.
The prisoner in his defence stated that he did not use the knife, but that it fell out of his pocket when the constable tripped him up on the pavement. GUILTY on the third Count , There were thirty one convictions against him.— Nine Months Hard Labour.
244. CHARLES MORGAN MAND (23) and FRANK MONTAGUE BOON (34), Stealing eleven boots, orders far the payment of £i and £3, and £21 in money, the property of Walter Drawbridge Crick, the master of Mand; second count, receiving the same. MAND
PLEADED GUILTY . MR. MOSES Prosecuted and MR. RANDOLPH Defended boon.
WALTER DRAWBRIDGE CRICK —I am the sole partner in a firm of boot and shoe manufacturers trading as Crick and Gunn at 65 and 66, Chancery Lane—Maud was my manager—at the Police-court I recognised 5 1/2 pairs of boots that had been taken from my promises—on the Thursday the day before the burglary I asked Maud to supply me with a complete copy of the outstanding accounts, which he sent by post that night—on the Saturday morning I attended there, and he made a statement—he had reported the matter to the police—it was in their hands when I got there—there was missing from my shop £28 19s. 3d., including two cheques for £2 and £3, and the 5 1/2 pairs of boots.
Cross-examined by MR. RANDOLPH. I complained to Maud on the Thursday of the amount of credit he had given, and asked for a list of accounts—I had not had occasion to complain of it before—I had not written complaining—I received the list of outstanding accounts from him—the books he kept at the shop went too.
ALBERT H AYNES (Police sergeant, E). About 9.30 on Saturday, February 11th, I went to 65 and 66, Chancery Lane, in consequence of information received—Mand was there—I saw two canvas sacks filled with boots—I took the sacks to Red Lion Street, and Mr. Jolly identified them—Maud told me a cock and bull story about a burglary, which subsequently I proved to be untrue—subsequently Maud gave me a written confession, of his part in the transaction—Detective Davis arrested Boon—I was keeping observation on the shop in Chancery Land—Boon is described as a public house broker—Davis left me and afterwards returned with Boon—I asked Boon if his name was Frank Boon; he said, "Yes"—I said I was a police-officer, and should take him into custody on a charge of stealing and receiving five and a half pairs of boots, and money, belonging to Crick and Gunn, 65 and 66, Chancery Lane—he said, "I know nothing about it"—I warned him that anything he might say might be used in evidence against him, and he was taken to Bow Street Station—when charged, he said, "The two cheques I know nothing at all about; the five and a half pairs of boots I do know something of, in a measure"—subsequently the statement of Maud was read to him, and, at the conclusion of the reading, he said, "You only gave me three sovereigns"—on February 13th I went to see Mr. Simmons, a furniture dealer at 31A, Eustoa Road, and he handed me these two parcels of boots, which were identified by Mr. Crick.
(Cross-examined). When going over the premises, Maud showed me how the basement window could bo opened, by passing a string through and pulling the latch back.
WILLIAM DAVIS (Detective E). At 2 o'clock on February 13th I arrested Boon, and told him I should, take him into custody for being concerned with another man in custody for stealing £21 and a number of boots—he replied, "You are joking: come and have a drink"—I did not have one—I took him to Haynes, and went with them to Bow street—I was present when Maud's statement was read to Boon.
Cross-examined. He thought I was joking.
Crick and Gunn, 65 and 66, Chancery Lane—I made this statement; it is true—I have known Boon about two years—when I first knew him he was a public-house broker, at 55 and 56, Chancery Lane—he was first in business for himself, and afterwards he was with Mr. Woodman, in Holborn—on Friday, February 10th, about 11 o'clock, he came to our shop—after some conversation, during which he said he was subpoenaed' on a suit at the Law Courts, where he would be able to g t some money, I said I was very short of money—he said, "Is not there any way out of this?"—I said, Mr. Crick has asked me to send him a staement of the outstanding accounts—I was not behind with my accounts—I had some accounts that I had not included on Mr. Crick's list—then Boon, suggested that we should have a fire or a birglary—when he suggested a fire I said that would not do, it would be very wicked to have a fire, and that if we did it would be sure to be found out, and besides, there were no shutters to the shop—people live at the top of the house—he said, "Well, have a burglary, then"—I hummed and haed a bit, and he said, "It will never be found out, have a burglary"—of the two, I said I would sooner have a burglary—he went into the basement and had dinner with me, and stayed till about 3.30, when he left—I had a boy. and I sent him to Boon's house at Kilburn as an excuse to get him out of the way—about 6.30 Boon came back, and I gave him the money to buy some sacks, that were afterwards found in the place, and also a machine to cut the window, to make it look like a burglary—I was anxious to get rid of some of the boots, because I had not included the items in the statement I sent to Mr. Crick, because I knew they were bad debts—the boy came back from Kilburn about 6.30 or 6.45—he went away for the day at 7.20—after Boon came back with the bags I said to the boy, "You can go off now," and I was in the shop, and I put some of the boots in the bags, and Boon came back and assisted me—I then closed up the shop—I made up the five and a-half pairs of boots into two parcels—Boon took the first parcel of two pairs to the Napier public-house in Holborn, and the other parcel of three and a-half pairs he took to the Criadera public-house in Holborn—I gave Boon the money to buy the sacks, which were left at the shop, and he brought them back with him—they were taken by the police next morning and identified by Jolly as having been bought from him by Boon—the cheques for £2 and £3, and £21 in gold and silver I put in my pocket when we left at 7.20, and also the books—I took £5 out of the bag of money and gave the rest, £16, to Boon—I kept the two cheques and subsequently destroyed them—when we left the place we were carrying a brown bag and a parcel of books—Boon called at the two places in Holborn for the twoseparate parcels while I waited—we got into a cab as soon as he came back and we drove up to Gower Street, and he left the boots at a furniture dealer's shop, which I have found since is Mr. Simmons'—I tore up the cheques and burnt the books—Boon had nothing to do with that.
Cross-examined. Boon only called to see me on Friday morning—he did not ask me for anything—he had never lent me any money—it is quite untrue that he called that morning to get £3 from me, or that he pressed me for it—up to the time he calle I there was no suggestion of anything improper between us—he had bsen there for about an hour or
three-quarters of an hour, perhaps, before we begun to talk about being short of money—I did not say I was short of money as an excuse for not paying what I owed Boon—I sent some lists to Mr. Crick which the produotion of the books would show to be inaccurate—we had been selling off since about the second week in January—we were selling one or two pairs of ladies' boots, very old stock at half the usual price—it was a good time to buy boots at our place—I may have used words when arrested, or in my statement, to the effect that I had got under Boon's thumb—I did not ask Boon to buy some boots—he did not buy 6 pairs of 21s. boots at 15s. 6d.—I did not say he could have them at a month's credit—when we got to the shop in Euston Road I waited outside almost in the doorway while Boon went inside, and spoke to Mr. Simmons privately for a few minutes in his office—I was a few paces behind him—it is a very small place, and the private conversation was only for about two or three seconds—I said ia my statement, "They left me and walked to the back of the shop, where they had a, further conversation"—Mr. Simmons denied that—Boon first suggested the burglary—it appears from the statement that he suggested the fire, and that I said I would sooner have a burglary—he agreed to it—he did not advise me to take my books home, and have a thorough good go through them—I left him at the corner of Hanway Street, and saw him again about 10.30—the shop was made ready about 7.30, and then we went back after 10.30, say about 11 o'clock, to Chancery Lane—I did not say I wanted to clear a lot of rubbish away, and then ask him to get the sacks—they were part of the scheme—we were not going to take away the boots in the sacks—I did not know how much money was in the bag, and I took out £5 and gave him the bag, and what was in it.
Re-examined. The sacks were left as a blind—when we went back after 10.30 I waited in a public-house while Boon went to see if the shop had been disturbed, because we had lelt the window open earlier in the evening, and thought perhaps it had been found out—became back and told me it was all right—it had not been found out at that time.
BEZIN SIMMONS . I am a furniture dealer at 231A, Euston Road—on February 10th the prisoners called at about 8 p.m.—Boon, who was carrying two paper parcels, said it was a job line of boots he had bought, and did I mind his leaving them in my office, and, having known him for some time, I said "Certainly, you can leave them in the office;' and I went down into the front part of the shop, and he introduced me to Maud aa a friend of his—he did not mention the name—he said they were going over the road to have a glass to drink, and would I join them—I did so—then I bade them "Good night," and came back to my shop—on the, following Monday Haynes called on me, and I handed him the two parcels.
W. D. CRICK (Re-examined). These are my boots—this is the fellow to the odd one.
Cross-examined. My desk or office is about half-way up the shop, which is 131 feet long—I came forward to be introduced to Maud.
and 66, Chancery Lane—on February 10th I saw Boon at the shop about 12.45—he stayed to dinner with Maud—at 3.45 I had to take a letter to his house at Kilburn—when I came back at 6.15 Boon was not in the shop—I saw him the next morning.
Cross-examined. Maud gave me the letter to take to Kilburn.
MISS BALL. I am a barmaid at the Criadera in Holborn—on February 10th Boon came in between 7.0 and 7.15 with a brown paper parcel—I knew him as a customer—he said, "Will you take care of it for a while, and I will fetch it myself"—I took the parcel—he fetched it within half an hour, I think—he had never left a parcel with me before.
ROBERT HENRY JOLLY . I am a fruiterer, of 71, Red Lion Street, Holborn—I know Boon—he came to my shop on February 10th and asked me to sell him two potato sacks—I said we did not sell potato sacks: he could have other sacks—he said he wanted them dry and clean, to put goods in—he had these two, and paid threepence for them and took them away—I afterwards saw them at Bow Street.
FRANK MONTAGUE BOON (The prisoner). I was employed at this time in the office of Mr. Woodham, a public broker—prior to February 10th I had lent £3 to Maud in two sums of 30s. two weeks previously—I went to his shop on 11th February to collect the £3—I asked him if he could let me have the £3 I lent him; he said he was in difficulties and told me he bad falsified his books and was in a little bit of ouble—I told him he was very foolish—I got there about 12.45—Maud and I had dinner together underneath the shop and then came up into the shop again, and Maud sent the boy out on two occasions and when he came back the second time he wrote a letter and sent him out with it—when the boy had gone, Maud said, "I have sent him to your house with a lettern—I said, "What for?"—he said, "I want to have a talk to you;" or "to get him out of the way"—I said, "You should not have done that"—I had no reason for sending a letter to my house—Maud then asked me to get him a couple of sacks, as Mr. Crick was coming and he wanted to clear up the place—I thought he had got some rubbish downstairs that he wanted to clear up—he gave me a shilling to pay for the sacks and I brought them back—he said he had rather a heavy stock of good boots and suggested that I should purchase some—he showed me some guinea boots at 16s. a pair, and I agreed to take 6 pairs and have a month's credit—it was an ordinary transaction—I did say that the windows were plastered with bills—I never suggested his having a fire or a burglary—I stayed with him till about 4.30 I should say, and then I left with one parcel of boots, which I left at the Criadera—I agreed to meet Maud at 7.30 and spend the evening with him—I went back about 7.45 and waited for him—he came out with his trade books under his arm, and also the other parcel of boots and his leather bag—I took the boots—I fetched the others from the Criadera—we went to Simmons, Gower Street, and I left the boots there—I had no private conversation with Simmons; I simply asked him to mind the boots—I bought them to sell again—it is usual when you buy boots to take them away—we then got on a 'bus and went to Hanway Street, and Maud said, "I shall go to see a friend of mine," and
we parted about 8.30—he said he would see me at 10.30. I went to the Oxford Music Hall. I did not keep the appointment at 10.30. I left the Oxford a little after 11 and went to the Horseshoe and had a steak, and then went to the Excelsior public-house in Charing Cross Road, opposite the Oxford, where I had a glass of bitter and a cigar, and then I went house to Kilburn—he gave me the £3 he owed me when we were having dinner, that was all the next morning I called in at Chancery Lane, and Maud said he had had the burglary. I said I was very sorry—we went and had a drink and I left him. I was with him about five minutes—when I was arrested I said, "You are joking; will you have a drink?"I thought he was joking; he was introduced to me somet time before. I know nothing about a glass cutter—I certainlyneveragreed with Mand to carry out this supposed forcible entry into his masters premises.
Cross-examined. I am a public-house broker—I deal in anything—I don't know that I have ever, bought any boots before—I did think I had a great bargain in buying 21s. boots at 16s.—I bought six pairs in two parcels—I took away one first, became Maud had not packed up the other, and I wanted to go to the Criadera to see some one—it would not have taken long to pack up the other—Maud said. "Take this to the Criadera, I will pack the other one presently"—I got to the Criadera about 5o'clock, or it might have been 5.30, and I left the parcel there—it was about 7.30 when I feltched them away-Miss Ball made a little mistake in the time—Maud brought the other parcel with him, about 7.40 or 7.45—Maud told me he had falsified his master's books; not that he had robbed his master—I did not give a though to why he had doneso—I said, "You have been very foolish"—it was not my business to ask him—he did not say what kind of diffculty he was in—he sold the boots to me on credit him—he did not—he had sold me two or three lots of boots before—I did not think he was paying me £3 with his master's money; I had not the least idea—I heard Mand's statement read over by Haynes, in which he entered into all the details about the sham burglary—I made no comment on it to the policeman—all I said was. "You only gave me £3"—I said I knew something about the boots, in a measure, and nothing about the cheques—it is decidedly untrue that I advised Maud to have this burglary, or to take the books home to get rid of them; or that I advised a fire in the first place—I am not in business on my own account, I am with Mr. Woodman—I have been with him since September 6th, 1897.
Re-examined. If I think I can buy antthing honestlt, and sell it at a profit, Ido it—I advised Maud to take his books home and look them through—my experience leads me to know that when people are asked for money they say they are in difficulties—Maud's statement was read to me by a police constable after I was in the cell some time.
BOON—. He then pleaded Gulity to a conviction of felony in September, 1891. Mr. Cruck spoke highly of Moud's previous character, and considered that he had been entirely led away; he had no reason to believe that he had appropirated money to his own uses, though he seemed to have given credit to persons unworth of it. MAND— Six Months' Hard Labour. BOON— Twelve Months' hard Labour. —I have been with him since September 6th, 1897.
Before Mr. Recorder
MR. LYNCH Prosecuted.
GEORGE BOLAN . I am a constable of the Albert Docks—I was on duty on January 9th with Mathews, and heard a noise of breaking wood near the boundary fence—we kept observation, and saw the three prisoners and another man, coming from the general office—they concealed themselves in the shed, and we concealed ourselves in the shade of No 20 shed—Barker crossed over to No. 22 shed, and walked round the sheds trying the locks—there are two locks on each door—they then went to No. 20 shed, where we were concealed—they proceeded to wrench the lock—this instrument was found close to the house—here is the lock (Produced), and there are marks on it—Wallace observed us, and cried "Look out"—I seized him with my left-hand, and Kelloe with my right—Mathews chased Barber, and brought him back while I held the other two men down—there was only one lock on No 20 shed—they were taken to the police-box—I then went and found this instrument a few feet from the shed, and then went to the boundary fence which is twelve feet high, and found that two boards had been removed, and there was a space of 18 inches, enough for a man to go through—I went through—I know all the prisoners by sight.
Cross-examined by Barber. You did not walk along the path, you crossed from the office—you had no right to be there on a Sunday evening—Wallace was arrested about fifty yards from where I was holding the other two.
Cross-eramined by Wallace. I did not use my truncheon on you I seized you with my loft hand, and my truncheon was in my right—I never lost my hold of you—I had to put my foot on Kelloe—Ithreatened to use my truncheoq, but did not.
WALTFR MATHEWS (Dock Constable). On January 29th I was on duty with Bolan in the Royal Albert Dock, and heard breaking at the boundary fence—we crossed and concealed ourselves, and saw the three prisoners and a man not in custody near the general office—Barber crossed the road and tried the locks, and said, "Come on, it is all right there is no one about"—they went to No. 20 shed—Wallace said, "Look out," and Bolan seized him—he ran away, and I caught him—he said "I have done nothing; I will come back with you; I have come straight through from Victoria Dock"—with the assistance of a plain clothes constable the prisoners were detained till the inspector arrived, and taken to the station.
Cross-examined by Barber. I was fifty yards from you—I ran after you and brought you back.
By the COURT. I saw no truncheon used, and heard no threat.
police whistle, and found two of the prisoners in custody of two constables—neither of them showed any traces of having been knocked about.
ROBERTTHOMAS ROSE (Police Inspector). On this Sunday night I was at the police-box, and saw the three prisoners in custody—I told them they were charged with breaking into the dock, and attempting to break into No. 20 shed—they made no reply—I found the lock indented, and the boundary fence damaged—this bar is not the Company's property.
Kelloe's statement before the Magistrate: "When I went into the dock last Sunday, I had no intention of stealing anything. I am not acquainted with Barber; I am with Wallace."
Evidence for the Defence.
RICHARD BARBER (The prisoner). I left home and went down to the docks—while I was walking along the roads I went to see if the foreman was there—I saw the two prisoners—they followed me, and the constable rushed round the comer, and struck me with a trucheon several times—he said, "Blow your whistle; seize him, we will have him and all"
Cross-examined. I am a costermonger, and have a barrow which I take about the streets, when I have nothing to do with horses—I was told that there was a tide at the time—I got into the docks at the entrance—I had to pass the policeman—he did not ask me where I was going; he was in his box taking refreshments—they have to ask our business—I was not told at the station that if I wanted witnesses I could have them—I have never asked to have the man at the gate brought here—I had not to knock at the gate to get in; it was open—I passed the general offices—I have known Wallace nine months—I did not see another man who is not in custody; I only saw three—I walked between the two from the general office—I walked past No. 20 shed, and the other man followed me to seen if I had any horses for the job—I have never seen this instrument before—the other man did not go in with me—when we were talking together we were two yards from the door of a shed—I did not hear anybody say "Look out," or see the constable seize anybody—the other two men set down, because the constable said, that if they did not they would be put down—I can read—I did not see a notice in my cell that I could call witnesses—the gate I went in at is about two and a half miles from tah shed—I went through it about 6.30—I heard no noise of smashing wood at the boundary fence, and I must have heard it if it took place—these two men were there before I came up—I did not say to them, "It is all right, come along."
CHARLES KELLOE (The prisoner). On the Sunday that I was arrested in the docks I have a witness to prove that I enquired on board the boat and the reply was that all hands were going—I went to the dock at three o'clock, to the Royal entrance, and met Wallace, who I knew, bnt did not know his name—he told me that he came in there to sleep on a barge—we saw Barber coming along, but I did not know him—I intended leaving them, but the constable rushed round the comer—I had my character on me at the time to prove I am no thief, and it has not been returned to me.
Cross-examined. I do not know the dock very well—I was standing by the general office about five minutes—I heard a noise at the boundary fence ten minutes or a quarter of an hour before—it
bounded like wood burning—there were not four of us there, only three—Barber came from the roadway, not from the direction of No. 20 shed—he did not speak to me till we had got round the comer and then we asked him whether the boat had come in and I went on to a barge—I was on board a quarter of an hour—no one else went on board the barge with me—I saw the police andtold them there was a policeman round the corner, because Wallace told me I had no business in the dock—I did not know that.
By the COURT. The constable struck Wallace with his truncheon, and he struck me—I did not show the superintendent at the station, nor did I I ever suggest I had been struck with a truncheon.
JOHN WALLACE (The prisoner). At about 4.30 on the day we were-arrested, I went to the pier head entrance, walked through the dock, and f round to the north side of Victoria Dock, and went on board and got-something to eat, and came back to see if I could get a night's lodging on a barge—that was about 6 o'clock, and about 6.45 I was standing at the comer of the shed, and a policeman asked me what I was doing—I said I had come to find a place to sleep—that was a little after 7—I saw Barber coming along—I knew him pretty well—we walked across for a quarter of an hour or twenty minutes—No. 20 shed is where the New Zealand Company unload their ships—that was empty, as the ship had been unloaded the day before we were arrested, and the last bit of cargo had been taken out the week before—what could any man wish to break into an empty shed for? and would a man go with a man like Barber, with a. pair of clogs on his feet?; you can hear him in the daytime, let alone the night.
Cross-examined. I was standing by the general office about five minutes-talking to Kelloe—he came there after me, and then Barber—no other man was there—Barber said good night to us and walked between No 20 and 22 sheds to get on to the quay—we were a few yards behind him, and we caught up to him and talked to him—we were standing about a. couple of yards from the shed door—the police were seen for twenty minutes before they arrested us—Kelloe said, "There is a policeman there," and I said, "Don't let him see you, or he will kick you out of the dock?"—that was just before they arrested us—I did not say, "Look out, here are the police"—I was asking: whether a boat was coming off, and about some private matters—I had my hand in my pocket, and was singing at the time and that big fellow rushed round the comer, and gave: me a whack with a truncheon, and I said, "There is no need for you to do that"—I was there ten minutes, and Kelloe was in a barge smoking—as you walk along the road you can hardly help hearing noises, because there is always wood burning, and a man might think it was the fence breaking—I know nothing about the breaking of the fence—I heard a sound, but did not know whether it was burning or breaking; that was half an hour before I was arrested.
GUILTY .—WALLACE*— Nine Months Hard Labour. KELLOE— Six Months' Hard Labour. BARBER— Twelve Months' Hard Labour.
The RECORDER advised the prisoner's father to give him a good flogging in the presence of the constable in the case, who is to report upon it at the April Session,— Judgment respited.
MR. HUTTON Prosecuted.
JANET CRAWFORD . I live at 13, Sampson Street, Plaistow—I am the wife of Samuel Crawford—he was a conk on the Duke of Buckingham in 1887, a steamship belonging to the Eastern Steamship Company—in June, 1897, following the February my husband went away, the prisoner called and informed me that he was dead; that he had seen him die, heard his last words, and the funeral service read, and had seen him put in a canvas bag and thrown overboard—he asked me if my husband was insured—I said yes, he was in a Friendly Society—he was in the Prudential Benefit Society—he said he was glad to hear it; that he was going to receive money from the Federation; that he was employed to see after the Federation accounts, and as there was money due to my husband he was going to see to that—he then took two leaves out of this Federation book (Produced), and I saw him copy my husband's two discharges, which he had asked for, on to this piper. (Certifying that Janet Crawford auothorised him "to see about my husband's death")—he signed it, and my son-in-law went for a stamp—he as'ked me for 5s., and said it would me refunded when I got the money from the Federation—I gave him 5s.,. and after a while he left—he returned the following day with this paper. (Purporting to be an authority from the Shipping Federation to collect arrears of subscriptions.)—he said there was 13s. 9 1/2 d. due to the Federation for arrears—I paid nim that—he went away—he came the following day—he asked me to hnd him 10s., as he was going to another case—I said I had only 4s. 6d. change, and let him have that—he arranged to see me that night, and I was to go to the head office at eight o'clock—I objected to go, because it was so late—I have lived with my husband since—he is in the best of health—I believed the prisoner's statements, and so parted with my money—my son-in-law and daughter were present.
JOHN WILLIAM GOULD . I live at 41, Western Road—I am son-in-law to Mrs. Crawford—I was with her on June 20th when the prisoner called, and on the following days—I heard the conversation about the 5s., the 136. 9 1/2 d., and the 4s. 6d.—he said he saw Crawford put over the side of the ship in a canvas bag—I am certain he is the man.
WILLIAM PATERSOMN LIND . I live at 14, Dock Street East—I am the registered superintendent of the Shipping Federation—I have some control over the Benefit Fund—I have to make enquiries upon statements of accidents to seamen who are members of the Feaeration—the members have Federation tickets—they pay 1s. for registering—the prisoner had been a member—he was a fireman—he was not employed to collectsubscriptions—on two occasions he had received benefit from the funds—these papers appear to be torn out of his benefit book—I saw him sign
document" E"—the name on this paper is fictitious—the form of a death claim would be upon white paper, and not upon blue like this produced.
GEORGE HYDE SAMBROOKS . I am Secretary of the Eastern Steamship Company, of 138, Leadenhall Street—the Company own the Duke of Argyle and the Duke of Buckingham steam ships—looking to the book of sailings I find Purkiss was engaged as a greaser—he left London in August, 1895, in the Duke of Argyle, going two and a half voyage—he went to Brisbane in November, 1896. and rejoined the Duke of Argyle in March, 1897, as fireman—he would get back on 30tb May, 1897—he left again in the Duke of Argyle as a greaser on 30th June—he was in this country between 30th May and 24th June, 1897.
CHARLES HUTTON (Detective-Sergeant K). At 6.40 p.m. on 15th February I saw the prisoner at the Sailors' Home, Gravesend—I asked him whether his name was James Purkiss—he said, "Yes"—I read the warrant to him—it charged him, James Purkiss, with obtaining money from Janet Crawford by false pretences—I said I should take him into custody—he said, "I know nothing about it"—Mrs. Crawford, her son-in-law, and daughter identified him at the station—I had received the warrant on February 14th, this year—it was issued on December 23rd, 1897.
GUILTY — Eight Months' Hard Labour.
MESSRS. MATHEWS and MUIR Prosecuted, and MR. HILL appeared For Harris and Miller, and MR. SYMONDS for Lewis.
HENRY GEORGE . I am assistant to Mr. Leslie Spratt, a draper, of 28, Woodgate Road, Forest Gate—on January 28th we had an annual sale going on, and about 3.30 I noticed the two female prisoners looking at silks and remnants of dress materials—I told them the price, 1s. 11 1/2 d.—Harris purchased a remnant and paid for it—they went to another department and came back, and a young man served them—I spoke to the shopwalker, Mr. Arthur—I identify these two lengths of silk and this dress material by my writing; on the tickets—this is the piece of silk I sold to Harris; I know it by the design and by the length, and I marked the ticket, which is not now on it—there is a ticket, but it is not ours—I last saw this piece of silk between 9 and 10 o'clock on the counter in the same department—on January 25th I saw Harris and Miller at the Petty Sessions House with a number of others and picked them out.
Cross-examined by MR. HILL. Mr. Shepherd has been two years in this employment, but he was temporary shop walker—there were thousands of materials on the counter and thousands of people there—I was serving people every minute of the day—the black silk was in one place and the coloured in another—people could handle them, look at the pieces, and put them back—this is marked "13 yards"—I have not looked to see whether there is 13 yards—I do not think you could buy it at more than one house in London; that would be wholesale and they might supply the trade; if so it is possible that it could be purchased at most house in London—fashions change very frequently and dresses sometimes fasten in front and sometimes at the side—a bicycle dress would
be different to others; some button at the sides—we searched for this material immediately the prisoners were gone and missed it next morning.—I thought it possible something might be missing, because the things were scattered all about the place.
Re-examined. The two patterns of dress material were different from each others.
ARIHUR CHIESCOE . I am in Mr. Spratt's employ, and was shopwalker—on January 30th I saw these women standing at the counter—Mr. George spoke to me—I saw them handling the silk, and saw Harris slip a piece from the counter down into a kind of pocket in between her dress—Miller saw me and said one word, and immediately it was put back on the counter—they left the shop in a few minutes, and I spoke to Mr. Davis, the manager—we looked through the silk the same night, some time after they left, but I did not search.
Cross-examined by MR. SIMMONS. I was standing between two ladies, so that there were three people between me and the prisoners—the counter. is about 2 ft. 6 wide—there were crowds of people tbere—I could not see the pocket, but I could see an opening—it was my duty to watch.
Re-examined. There was no examination of the silk—it went while the assistant was gone away for another piece—I watched them in consequence of the communication, which Davis made to me.
WILLIAM DAVIS . I am silkbuyer to Mr. Spratt—on January 20th Chiescoe said something to me—I searched among the stock in the evening and missed two pieces of different patterns—these (Produced) are my master's property—I saw them put out for remnants in the sale—I last saw them on Friday, the 20th.
Cross-examined by MR. HILL. It goes off quickly as a rule—I marked about 30 pieces of black silk and about 100 of coloured—it is not possible to tally everything—there was not a leakage during the day; we have a double system of check; it cannot be taken out of the shop till the money is paid—customers might take the article in their hand before the money is paid—they cannot take it, imagining it to be paid, without a dishonest assistant—a person would have to get a receipt before it is taken out of the shop, unless there was a conspiracy—if a customer buys half-a-dozen articles it is impossible for an article to get among them, because we have a call back.
By the COURT. The length is taken from the tickets, one was thirteen and the other six—the tickets which I cannot account for, had exactly the same number of yards on them.
NORMAN WILKS . I am assistant to Mr. May, a draper, of 28, London Road, Forest Hill—on January 24th I saw Miller and Harris in the shop, but cannot say whether they were together—a sale was going on—I sold this piece of silk (Produced) to one of them and gave her a bill, of which this is the duplicate, and change for a sovereign—I did not pick the prisoners out.
WILLIAM EUSTACE (Police Sergeant). On January 24th, at 12.25, I saw the three prisoners and a man named Silver (See next case) all leave 13, Albert Terrace together—Lewis only went to the pathway and returned—on the same evening I saw Silver and the two women walking together; Silver was carrying something—I had other officers
with me; they saw us and separated—the women walked along the road—I spoke to Silver, and examined what he had in his bag, and took him to the station—the women were also taken there—Miller unfastened her dress—I thought she was trying to get something out, and by my order her dress was taken off, and under it was this petticoat, and under the petticoat was this apron, which is sewn to the bottom of the petticoat and in that pocket was this piece of silk—Harris wore a dress with an opening in front, but there was no arrangement to hold anything—I went to 13, Albert Terrace aboiit 9 p.m. and knocked; Lewis opened the door—I said, "We are police officers; a man named Silver is in custody, and two women, for having in their possession a quantity of silk—he said, "I do not know anything about them"—I said "Who is the occupier of this house?"—he said, "I am"—I said, "I am coming in"—we walked into the front room, and I saw these two pieces of Mack silk, and this dress material on the sofa—I said I believe those have been stolen—he said, "I bought them five years ago in Russia, and brought them here"—I found this box of labels on a chest of drawers in the front room, ground floor. (The JURY compared the labels)—I found a blouse in a box, which was locked in the front bedroom Lewis produced the keys, and unlocked it—he said, "That I bought in Russia five years ago, and also three handkerchiefs and the gloves"—I said, "I am going to take you, and the property to Forest Gate Police-station," which I did, and charged him with receiving—he made no reply.
By MR. HILL. These was a female searcher at the station—she took these things off the women in my presence—I am satisfied that the two women are not married to the two men—I have made an investigation in England, but not in Russia.
By MR. MUIR. I was present when they were charged—they gave their names Annie Harris and Polly Miller—neither of the men gave their names—one gave her address 6, Richardson Street, Commercial Road, that is the same as Richardson Street, Mile End.
Cross-examined by MR. HILL. Lewis is a foreigner; he speaks English well—I can understand every word he says, but I cannot say whether he understands—I spoke to him three times—I thought he understood—he is a Polish Jew—we went into another room and saw an elderly woman there—Lewis spoke to her in a foreign tongue, and she replied—it wag not after that that he said, "I brought these things from Russia five years ago"—I had not seen her then, but I had seen her when he said the same about the blouse and handkerchiefs—he repeated that twenty times; and the woman too, and the woman said' "I brought them from Russia"—I suggested opening the box—I said, "Have you got the key?" and he produced it and unlocked it.
Re-examined. The women were never charged with this offence so as to be called upon to answer—I did not find a bill for the 12. 11d. remnant of silk.
FREDERI K THOMAS MALLCOTT . I am clerk to Cheek and Co., Auctioneers, Romford Road—on November 2nd two men called on me, asking me to view 12, Albert Terrace, and took away the key—I do not recognise them—on November 20th Silver called and paid a deposit, and took the house, and gave his
address 6, Richardson Street, Mile End—the rent commenced on Decermber 5th—I called on December 15th, and saw the three prisoners and Silver, who opened the dobr.
Witnesses for the Defence.
BERNARD LEWIS (Theprisoner). I am a tailor—I was going out of the house, and a constable came and took me into the front parlour, and said, "You can't go out, now," and the woman who was there said something—I told her what the detectives said—after I went into the front room they brought in some things, and he made a parcel up, and said, "Who has got the key of the front room?"—I said, "I have"—he said, "Come there;" I went there with him, but never said anything to him—the woman said to me, "Tell him I brought them from Russia"—I have had these things since 1898, and this handkerchief also—I never mentioned a word about Russia, except interpreting what the woman said—I was living in the first floor front room—Silver let me in—I was a lodger, and only had one room there—the ground floor room was not mine.
Cross-examined. I work for Paris, of 14, Broad Street—I lodged at the house because I had been on friendly terms with Silver for a long time—I was not lodging with him before that in another house—I lived before that at 17, New Broad Street—I have not lived together with these people for the last four years in Richardson Street—I gave my address as 13, Albert Terrace, not 13, Richardson Street—I never lived in Richardson Street at all—Harris is my wife; if she gives the address of 6, Richardson Street that is not my fault—I do not know why she gave that address—I have never lived there—the officer has not seen me go in and out there repeatedly—the old woman is Mrs. Miller's mother—I do not know what business is carried on at 13, Albert Terrace—I was out working as a tailor on this day—when the officer says that he saw me coming out at 12 25 in the day it is a lie—I did not do ray work there—I took these gloves out of pawn in December—I found them in the box—I have had them over two years, and the blouse—they are my wife's property—I had the key of the box—I have had the handkerchief from January, 1897—I do not know that these gloves were stolen from Mr. Payne's shop last; December—I have had these two years, and my wife has had the silk of which this blouse is made two years.
Re-examined. I was working as tailor at 14, Broad Street, for Philp Turrell.
Evidence for reply.
FREDERICK PAYNE . I am assistant to Mr. McHenry, 333, Mare Street Hackney—this blouse is a portion of goods, which we had in our place last December—it matches the remainder of the piece, and these gloves have our private mark on them—they were on the premises about the same date—it is impossible that Lewis has had them two years.
Cross-examined by MR. SIMMONDS. The gloves were missed at our last stock taking in December—they were there at the previous stocktaking in June, or gloves similar to them—we sold some aud lost some—if we sold the on we could not take of tha private mark, because they are marked
in ink—we had not; sold any of the silk from which this blouse has been made—it had never been cut till we missed a piece.
Re-examined. I can say that these gloves were in our possession last December, because wo ordered three—when we got out of them we ordered half a dozen, being rather a large size, and the last order was given in December, so that they must have been taken previous to that.
MR. CREIGHTON. I am a hosier, of 197, Leytonstone Road, Stratford—I missed about twelve dozen handkerchiefs, similar to this, on January 20th, all on the same day—the peculiarity of thorn is the initial, which is much larger than usual, specially.
Cross-examined. I mean for anybody to give away as a present—they can be got at the wholesale house—they are rather fashionable for birthday presents.
GUILTY . HARRIS and MILLER then Pleaded Guilty to having been convicted at Marylehone on December 14th, 1897, and other convictions were proved against them, all of stealing silk. The police stated that the three prisoners and Silver belonged to a gang of thieves, some of whom had been conviced (See "Ray and Greenhame's Sessions Paper, Vol.?") HARRIS, Fifteen Months , MILLER, Twelve Months, and LEWIS, Three Years' Penal Servitude.
251. MORRIS SILVER (27) PLEADED GUILTY to (an indictment in which he was charged with Harris and Miller) stealing 121 1/2 yards of silk, the goods of Charles Frederick Mays, having been convicted at Marlborough Street on December 19th, 1895. Four Years Penal Servitude
THE RECORDER highly commended the conduct of the Police.
252. ARTHUR CHILDS (39) to committing acts of gross indecency with Charles Palmer, James Perry, William Lowlett, and Joseph Roberts He had been convicted of alike offence on December 4th, 1896.— Two Years Hard Labour.
LEWFS BURCHELL (547 K). I am stationed at West Ham—on February 18th I was with another constable in plain clothes, and saw the prisoners outside the Stratford Theatre. Sullivan was fouling the progress of several ladies, covered by Donovan, we watched them till about 9.13, when they come out of the crowd, and I arrested Sullivan—he struggled with me and threw away something—I took him to the station and went back and found this watch on the roof of a shop—the prosecutor identified it.
Cross-examined by MR. LAWLESS. There was a crowd at the Theatre—we saw them next in Angel Lane, which is a very busy thoroughfare on Saturday night—I never saw the prisoner till eleven o'clock—I took Donovan opposite 55, Angel Lane—we arrested them as persons suspected of picking pockets—I did not receive information before I searched for the watch—I went of my own accord—it is a two-storeyed shop.
ARTHUR PARKER (352 K). I was with Burchell in plain clothes near the Theatre, and saw Sullivan working behind ladies, going from one to another, putting his fingers between the folds of their dresses—the prisoners kept together and walked down High Street—we saw them again about eight o'clock in Angel Lane—Sullivan was working among the ladies and gentlemen—they looked at us and walked straight away, and we lost sight of them, shortly afterwards we saw them again in a crowd, where a man was selling oil silk—Sullivan was working in the same manner behind Donovan—I took Sullivan, and the other constable took Donovan who had something like a watch in his right-hand—Bushell was trying to prevent him throwing it away, hut he did and it was afterwards found—I told the inspector at the station that he threw something away, and Donovan said, "I threw away an orange"—neither of them gave-addresses.
L. BURCHBLL (Re-examined). These was no orange there when I searched.
ALFRED GILBERT . I am a timekeeper, of 19, James Street—on Saturday, February 18th, at 7.45, I lost my watch in Angel Lane, Stratford—I communicated with the police at 8.15, and saw it the same evening at the station at 10.45—I value it at £33—I did not notice any pull, but I was in a crowd.
Sullivan's statement before the Magistrate: "I wish you would deal with me here; there is no proof that I stole the watch."
Donovan's defence. I picked the watch up in the road. I saw two-boys running, I called after them, and they would not stop. I put the watch in my pocket, and thought Lmight find the owner. I thought the boys might have stolen it, and when the constable took me I threw away the orange that I was eating—when J picked the watch up this man was not with me.
GUILTY .—Sullivan then Pleaded Guilty to a conviction at this Court on February 20th, 1890, and twenty other convictions were proved against him.
SULLIVAN— Five years' Penal Servitude , DONOVAN— Twelve Months' Hard Labour ,
Before Mr. Common Serjeant.
MR. MAURICE Prosecuted.
KATE PEARCE . I am the wife of Thomas Pearce, a tobacconist, of Balham Street, Plaistow—on February 17th, a little after 4 p.m., the prisoner came in for half an ounce of beat shag and tendered a 4s. piece—I gave him the change—I identified him the same evening at the station—I put" the coin into the till—there was no other there—I afterwards gave it to the police.
ELIZA POZTON . I am a tobacconist of Balham Street, Plaistow—on February 17th, about 4 p.m., the prisoner came in for half an ounce of tobacco and tendered a 4s. piece—I gave him 3s. 10d. change—my shop is on the same side of the way as Mr. Pearca's—I called the prisoner back, and said I did not want it; it was no use to me—he gave me the change
back and the tobacco—I gave him the coin back, and he said, "I will have a penny worth," which he paid for—a constable then came in and took him.
GEO. OFFER (21 KR). On February 17th I was on duty in Balham Street, nearly opposite Mrs. Pozton's shop—she called the prisoner, and I went after him, and said, "Come back"—he was coming back at the time—she said, "This 4s. is no good to me"—he said, "You had better have back your change and tobacco, then"—he handed it to her and said, "I had better have a pennyworth, then"—I charged him; he made no reply—he was afterwards identified by two witnesses.
MRS. LANGFORD. I am the wife of George Langford, a tobacconist, of 149, Balham Street, a few doors from Mrs. Pozton's—on the afternoon of February 14th the prisoner came in for half anounce of shag, and tendered a four-shilling piece—I said, "I cannot take this, I do not think it is a good one; do you know where you got it?"—he said, "Yes, I took it from a large firm, I can see it is a bad one now, I will take it back tomorrow morning"—he paid for a pennyworth of tobacco—I afterwards identified him at the station.
Cross-examined by the Prisoner. It was about four o'clock—our shop is about five doors from Mrs. Pozton's and five minutes' walk from Mrs. Pearce's.
The prisoner in his defence stated that he did not know that the first coin he uttered was bad; that he knew nothing about the second uttering; and that he received one of the coins from Mr. King, where he had been working.
GUILTY .—Five other convictions were proved against him.— Eighteen Months' Hard Labour.
ISABELLA REDWAY . I am the wife of Henry Redway, of 6, Suffolk Road, Plaistow—one morning in January, about 10 o'clock, the prisoner came with his tools, and I asked him to put a pane of glass in toe back room window—there was a small box in the room not locked, and my daughter's watch and chain, value 26s. 6d., were in it—my little boy was in the room, but he was away three or four minutes—I saw the watch safe at 9 a.m—when I missed it nobody but the prisoner and my boy had been in the room—the prisoner spoke in broken English.
ARTHUR REDWAY . I am a son of the last witness—I went up to the room when the prisoner came to mend the window, but I was away ten minutes and went back, and he was still at the window—he remained about ten minutes after I went back—my mother came into the room just after he left.
he said, through an interpreter, that he knew nothing about it—I found 4s. 6d. on him and his own watch.
Prisoner's defence: I do not know anything about it Since I have been in London I have never stolen anything. I get my living in an honest way. Why should I go and steal? NOT GUILTY .
MARY BARNETT . I live at 39, Enor Road, Plaistow—on the morning of February 9th the prisoner knocked at my door and asked if I would have a pane of glass put in—I had a broken window—I asked him what the price would be—he said 1s. 8d. in broken English, and then 1s. 6d. and then 1s. 4d.—I had £2 10s. in a box and a watch and chain, and took them into the next room and laid them on the bed—I left the prisoner for ten minutes—he came down and I asked him for change he said that he had no change and went and got some—I west upstairs to shift the box into the bedroom again, and the money was gone—I saw the prisoner at the Police-court on the 17th, with ten or twelve others, and picked him out at once—I left the watch in a little flannel bag in a box on the bed.
AMELIA BARHRTT . I am the daughter of the last witness—on February 9th the prisoner came to mend the window—he is the man—I picked him out from a lot of men shabbily dressed—I went to a shop and got change, and paid him for the work—my mother gave the money into my hand, and I put it into a little box, and when I came back, two or three minutes after the prisoner left, it was not there.
Cross-examined. I picked you out at once.
JOHN WHITTAKER (21 K). After the charge was taken at the station, the prisoner was placed with other men and told to place himself in any position he liked—he did so, and the last witness and her mother picked him out—they were all working men oat of the street.
Prisoner's Defence. I do not know whether I mended the witness's window or not, because I mend ten or twelve in a day—I am innocent—I have stolen nothing.
GUILTY .— Twelve months' Hard Labour.
Before Mr. Recorder.
MR. STEWART Prosecuted.
WILLIAM EDWARDS . I am a fruiterer, of 1, Warren Court, Woolwich—on Saturday, February 11th, I was at Dartford, and took the train to Woolwich—I had £5 19s. 6d. in my possession—I went to my wife in Beresford Lane, where she keeps a stall with an assistant, and we all proceeded home—as we got off the Arsenal Square, Henry Morris' wife knocked my wife down and me too—when I got up Henry Morris hit me across my head with a banana stalk—Thomas Morris then kicked me in
my stomach—I said, "Do as you like with me, but give me my money"—I do not know which of them took it—a constable had the woman in charge.
Cross-examined by Henry Morris. You did not say to me, "Don't kick my wife when she is on the ground"—she was not on the ground.
Cross-examined by Thomas Morris. I did not have hold of your handkerchief.
MAUD EDWARDS . I am the wife of William Edwards, and assist him in his business—on the night of February 11th he joined me at Beresford Lane at the stall—we proceeded home together with my sister and Miss Robinson, who assists me—as we were walking along Mrs. Morris hit me on my face, knocked me down and kicked me, then she knocked my husband down—Henry Morris ran up and hit my husband, and when he got up the other one kicked him—he said, "You have got my money, don't murder me"—when my husband was on the ground I heard the jingling of money—the prisoners then ran away—we stood there till the police came.
Cross-examined by Henry Morris. There are two lamps at the spot where this took place; they were not alight that night.
ELIZABETH DENNARD . On February 11th I was going home with my sister and her husband—Henry Morris's wife hit my brother-in-law and knocked him down—the lamps were turned out—I went for the police—there had been no fighting before—two or three week's before my sister had summoned Mrs. Morris for assault.
ESTHER ROBINSON . We were walking home together, when Mrs. Morris came up behind my mistress and knocked her down, and also Mr. Edwards—I saw the two prisoners have Mr. Edwards up against the wall—I did not see him knocked down with the banana stalk.
WILLIAM SANSON . Early on Sunday morning, February 12th, I was walking down Warren Lane close behind Mr. and Mrs. Edwards—I stopped behind a little, and then I saw Mrs. Edwards on the ground, and Mr. Edwards up against the wall with the prisoners—he was shouting, "Now you've got my money do what you like"—I know both prisoners by sight—Edwards said, "Go and fetch a policeman; now you've robbed me I'm going to lock you up," and they ran away.
WILLIAM DIPROSE (51 H). On the morning of February 12th I went to 6, Warren Lane, where Henry Morris lived, and knocked at the door, but was refused admittance—I broke open the door and arrested him and his wife—there was a struggle, and he escaped—his wife is a very powerful woman—I had to get assistance—the woman was charged with assaulting me.
By the COURT. There are public lamps where this took place, but they were turned out; it was very dark.
HENRY HOLFORD (Detective Sergeant). I was present when the warrant was executed—it was issued because the prisoners absconded—it was executed at Gravesend by Detective Deakin—Thomas Morris said, "I went down Warren Lane; Edwards had my brother by the scarf, and I made him leave go. I know nothing about the money."
Edwards was on my wife; Edwards caught me by the throat, and I hit him on the head with a cod fish."
Henry Morris's statement before the Magistrate. "It is hard to go through it; I had no money from that fellow there."
Before Mr. Recorder.
MR. PASSMORE Prosecuted.
ERNEST ALFRED PUNNETT . I am a clerk employed by the Richmond Gas Company—on February 3rd I was on duty at the new gas works, Mortlake Road—I heard a noise in the office, and as I passed the door I saw a man watching me through the window—I went out, and behind a large stone I found a man crouching—he jumped up as I got to him, and I recognised him as Blewitt, who had been in the company's employ some time previously—I said, "What do you do here at this time?"—he said, "I am only having a walk round the building"—I said, "It's a funny time to walk round a building,"and he said, "I am doing no harm"—I said, "The best thing you can do is to get off as quickly as possible or you will get into trouble"—he said, "Which way shall I got"—I said, "The same way as you got in"—he got over the gate and went away—I then examined the window and found six or seven attempts had been made to break it open; and when. I opened the door I found that a button had been broken half off—I had occasion to go to the inner office to get the key for the other office, which hung above this button, and I am positive the window was intact then—I went out into the road to report the matter to a policeman, but failing to find one, I reported it to the company's engineer in the morning—I have known the prisoner for some eight or nine years—he recognised me and I recognised him.
Cross-examined by the Prisoner. It is not a rule of the company to prosecute men they find on the works; they get on them to get warm, but they are turned out—I did not find were had been an attempt to break into the office till you had gone—I reported it to the engineer, and he put the matter through.
Re-examined. After the prisoner had gone away I went to find a police-man, and could not find one.
FREDERICK TAYLOR (175 V), On February 7th I saw the prisoner in George Street—I said, "I shall take you into custody for attempting to break into the office of the Richmond Gas Company last Friday morning"—on the way to the station he said, "I know nothing about this; this is very rough"—he was taken to the Police-station and charged.
F. CLEVELAND (Detective Sergeant). I examined the premises, and found an attempt had been made to force the French window of the office just inside the gates of the Gas Works by some instrument like a screwdriver—there were six marks on the window, and on the inside I found this button (Produced), broken, just as it is now, lying on the window-sill.
JOHN BLEWITT (The prisoner). On the night in question I left a public-house in Richmond at 11 o'clock, and I got to my mother's house at 11.30—I had a bit of supper and went straight to bed, and about 12.30 the came to me and gave me 1s. 6., and told me to go to the Town Clerk of Richmond to get a copy of the certificate of my father's death, which I did—I know no more about this affair than any of the Jury.
Cross-examined. I was not in the Gas Works—it is a case of mistaken identify—I have worked there, and know Mr. Punnett—he knows me—I live at Mortlake.
ROSE BLEWITT . I am the prisoner's mother—on the night in question he came home about 11.30 had some supper, and went to bed—about 12.30 I went to his bedroom, and gave him 1s. 6d. to go the next morning, and get a certificate of his father's death—I live about twenty minutes from the Gas Works—the next morning at 6.30 I again went into his room, and reminded him of what he had to do.
By the COURT. I sleep in a room above the prisoner—he could not have gone out without my knowing it after I went to bed—I was not at the Police-court—I was not communicated with.
FREDERICK WILLIAM KEEN . I am a coal-porter, and live with the prisoner—on the night in question he came home about 11.30; I heard him come upstairs, and go to bed—about 12.30 his mother went to his room she said, "Johnny take this 1s. 6d., and get a copy of the certificate of your father's death"—he said, "All right, mother"—at 6.30 next morning she went and roused him—I could hear all that was said from my bed-room.
By the COURT. I did not know of the prisoner's arrest till five days afterwards—I have not been talking it over with Mrs. Blewitt.
GUILTY .— Nine Months' Hard Labour.
MR. COLLINS Prosecuted, and MR. PURCELL Defended Selby.
The RECORDER considered that there was no evidence, and directed the JURY to return a verdict of NOT GUILTY .
260. FRANCIS SIMMONS (63) PLEADED GUILTY to obtaining by false pretences from Walter Shoolbred and others two pairs of blankets and other articles with intent to defraud. Also to forging and uttering a receipt for the delivery of goods with intent to defraud. He had been convicted at this Court on May 2, 1892, of a like offence.
Eighteen Months' Hard Labour.
MR. HUTTON Prosecuted.
GUILTY — Six Years' Penal Servitude.
Before Mr. Justice Bighorn.
MR. WILLSON Prosecuted. NOT GUILTY .
Before Mr. Common Serjeant.
MR. WILKINSON Procecuted.
CAROLINE CHISHOLM . I keep a baker's shop at 267, Upper Kennington Lane—on January 31st—about 7.30 p.m., the prisoner made a purchase and gave me a half-crown—I gave him the change and he left—I found it was bad, and followed him, and did not lose sight of him—he ran up Henry Street, which has no outlet, and turned back, and I charged him with passing a bad half-crown—he said that if I did not make a row he would give me 3s.—I said that I wanted my change back—he gave me 2s. 5d. and asked for his half-crown—I refused and kept with him, and gave him to the police with the coin.
Cross-examined by the Prisoner. I never put it in the till; I kept it in my hand till I gave it to the policeman.
ARTHUR JAMBS MAUDRY . I live at 59, Henry Street, Kennington Road—on January 31st I saw the prisoner go into this shop—I stood at the window and saw him lay down the half-crown—the prosecutrix came out and said, "Stop that man; he has passed a bad half-crown"—I followed him to Henry Street, and saw Mrs. Chisholm stop him—he offered to give her 3s. to hold her tongue—he came back to the shop and then ran down Vauxhall Street—he had nothing the matter with his legs then—he ran, and I ran after him—a young man tried to stop him, and he knocked him down and got behind a van and jumped on to it—I called the attention of the police to him and he got out and ran and the sergeant took him.
FREDERICK GADD (Police Sergeant 86 W) t Maudry called my attention to the prisoner, on January 31st, leaving a covered van, and said, "That man has passed a bad half-crown in Kennington Lane"—the prisoner said, "I do not know anything about the half-crown; I am running from my musts"—I said, "Where is your missis?"—he said, "I shan't tell you"—I took him back and we met Mrs. Chisholm, who said, "That is the man; I will charge him"—he said nothing—he was taken to the station, and said, "I won't say anything now"—he was asked his address, and said, "I won't give it"—I found one good shilling on him.
By the COURT. He was not lame at all—I arrested him half a mile from the shop—he got along very well.
Cross-examined. You said nothing to me about a basket.
Witness for the Defence.
JAS. CROCKETT (The prisoner). I took 4s., and my wife gave me some, and said, "You are drunk"—I said, "lam not"—she struck me on my mouth and I struck her back, and was going away—this witness says she gave me 2s. 5d. in copper, which is false—I am perfectly innocent—a van driver said, "Get up," and I did so—I never ran away.
Cross-examined. I have no home. I quarrelled with my missus in
Brixton, outside—the van went down Harleyford Road—I did not go into any shop—I was not in Upper Kennington Lane at all.
ARTHUR JAMES MAUDRY (Re-examined). I saw him get into the van and stuck to him till the policeman arrested him—he was about forty yards off when Mrs. Chisholm came out—I went after him at once and never lost sight of him.
C. CHISHOLM (Re-examined). He was in my shop about two minutes—I am sure he is the man.
GUILTY .—He had been several times convicted and had been sentenced to five years' penal servitude and the cat, and ten years' penal servitude; he was on ticket-of-leave, and has still 301 days to serve. Twelve Months' Hard Labour.
ADJOURNED TO MONDAY, APRIL 10TH, 1899.