CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD APRIL 10TH, 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, April 10th, 1899, and following days,
Before the Right Hon. SIR JOHN VOCE MOORE, KNT., LORD MAYOR of the City of London; the Hon. Sir WILLIAM GRANTHAM , 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., WALTER VAUGHAN MORGAN Esq., WILLIAM PURDIE TRELOAR, and SIR JOHN KNILL , Bart., Aldermen of the said City; and Sir FORREST FULTON, Knt., Q.C., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
CLARENCE RICHARD HALSE, Esq.
CENTRAL CRIMINAL COURT.
MOORE, MAYOR. SIXTH 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, April 10th, 1899.
Before Mr. Recorder.
MESSRS. C. MATHEWS and STEPHENSON Prosecuted, and MR. MUIR Defended.
PHILIP GOORVITCH . I am a wholesale tobacconist, of 30, Church Lane—the prisoner was in my employ last year as counterman and clerk—his duty was to attend to the customers and keep the books, day-book and ledger—Mr. Grosse was almost a daily customer—he paid every Sunday—the prisoner would make out the weekly statement from the goods entered in the ledger daily, and open the ledger when Grosse came on Sundays, and say, "You have to pay so much"—towards the end of September I had a communication from Grosse's brother-in-law, and examined the ledger, and got a warrant against Grosse and Bronstein for conspiracy, and on returning Bronstein was gone, and I did not see him again till quite recently—Grosse was committed for trial, tried in this Court before my Lord, and acquitted—I then went to the police-court and got a warrant against Bronstein for falsification of accounts—this is the day-book (Produced)—all the entries in it are in the prisoner's writing except the red ink—here are entries in it of goods supplied to Grosse on February 20th, 1898, in the prisoner's writing, £5 3s. 8d.—this (exhibit B) is the prisoner's writing; it is the weekly statement, including February 20th, and is receipted by him—the goods come to £3 11s. 5d.—the items do not agree—the entries on page 72 of the day-book have all been scratched out; indicating that it was paid—I put in these items in red ink when I took the warrants out, because they were not right; those are the right prices—this is the ledger, and in it on July 27th, 1898, £2 0s. 5 1/2 d. is debited to Grosse as having been paid to him that day, and on November 21st (exhibit C) I find £4 0s. 5 1/2 d. as the amount for that date, there being a difference of £2 between the ledger and the invoice—on August 16th the amount in the ledger is £2 15s. 4d. and the invoice £3 15s. 4d., a difference
of £1—in the weekly statement of August 16th I find £2 15s. 4d. entered and in the ledger of August 26th £3 12s., 11 1/2 d. is entered, a difference of £1 8s.—on August 29th £2 0s. 7d. is entered in the ledger, and the invoice for that date is £3 4s. 11d., a difference of £1 4s. 4d.—on August 30th £2 7s. 9d. is entered in the ledger and the invoice is £3 12s. 3d., a difference of £1 4s. 6d.—on September 22nd £2 17s. 11d. is entered in the ledger and the invoice is £4 17s. 11d., a difference of £2.
HENRY FRANKS . I am a tobacconist, and am Mr. Goorvitch's brother-in-law—on February 25th this year the prisoner came to my shop and and said, "As I am friends with you and you are brother-in-law to Mr. Goorvitch go to him and pray for me; I have done a lot of trouble to him and I am guilty, but for the sake of my own children I ask for forgiveness"—I promised to go and speak to Goorvitch, and two days after he came to my place and told me that two days after Grosse was tried he came to London and he did not know what to do as he had not money to pay Counsel—I said, "Why does not Grosse help you?"—he said, "He has himself nothing"—I advised him to go and press Grosse, as he told me he had done him a great service in leaving London after a warrant was out for him—he said, "If I have to die in prison I would not bring him into trouble"—he afterwards told me he was in Calais all the time he was away—I asked him how it was that his age was 62 in the papers when his age was 48—he told me his age before—he said he did that purposely, as if he had imprisonment he would not get hard labour—he then left.
WILLIAM REID (Police Sergeant). I received a warrant for the apprehension of Grosse and Bronstein in October last, and went to the prosecutor's premises and found that Bronstein had gone—I went to Raven Road, Whitechapel, where he lived, but did not find him—I took Grosse next morning, and found these eight invoices in his shop—document D 1 was put in at the last trial by the defendant's Counsel.
MR. MUIR submitted that there was no evidence to support the indictment which charged the false entry o/£3 11s. 5d. as the total sum due, and there might be a cross account. The RECORDER considered that there was a case for the JURY, upon which the witnesses were recalled and cross-examined by MR. MUIR.
PHILIP GOORVITCH (Cross-examined). I have known the prisoner five years—he was not in business for himself when I first knew him—I did not know him when be came to London in 1893—he bought cigarettes to smoke himself, not to sell again, and bought half an ounce of tobacco at a time—he carried parcels to my customers for me. but got no payment for that; I then asked him to keep my books for me—he never bought goods for me—he did a little travelling on his own account before he came to the shop, but not afterwards—I never told him what to write in the books—I did not have books at first; my shop was only for cash transactions—I did not begin to keep a ledger till 1897—I kept a ledger on February 20th, 1898, when exhibit B was made—I have no account of that in the ledger—Mr. Grosse had no ledger account; I paid him 5a. a week and his board when he began—he kept my books for that from
1897—he did not only get a glass of tea and a plate of supper—my wife used to give him borne very good clothes, but not new ones—he never was in my shop till eight o'clock—he was sometimes there till twelve, but not always—I heard that he gave lessons in languages—he kept books for Mr. Team at the house where he lodged—he was not free on Saturday, the Jewish Sabbath—if he had nothing else to do he came to the shop, and if he had nothing to do I let him off—5s. a week was the most I paid him—either I or my wife paid him—he did not take money—he was never left alone in the shop—I never gave Grosse cigars on sale or return.
Re-examined. He kept his landlord's books in return for his lodging—I was completely a father to him—I never received a farthing's worth of goods from Grosse.
HENRY FRANKS (Cross-examined), I have known the prisoner since the beginning of 1893—I came to London in 1892, and was staying at 22 Mansell Street, E.C.—I did not know him in Russia—he told me that his age was 48—I cannot say whether he is 62—my mistress was present when this conversation took place—she is not here—I made no note of the conversation I had with him on February 25th—I told the solicitor about it and he wrote it down—I have not seen it since—I did not tell the solicitor that there was another conversation two days later—I do not remember whether the prisoner said that he had not money to pay for Counsel, or whether I said, "Why does not Grosse help you?"—I went to the solicitor three or four days after the first conversation and one day, I think it was, after the second—I was not present at Grosse's trial—just before the conversation Grosse had moved into a larger shop and house in Shaftesbury Avenue—I saw his house just after his wedding—I do not know whether he had anything; he had a shop and goods—I said, "As he has been good to you you might give him money to pay Counsel"—I told him as how his mistress had very valuable jewellery; she had diamonds and earrings and so forth—the solicitor did not ask me to make a full statement—I am sure he said, "Go to Gourvitch and tell him for the sake of his wife and children I ask for forgiveness"—I cannot remember whether I told the solicitor that
Evidence for the Defence.
JACOB BRONSTEIN (The prisoner). My age is 62—I speak very little English—I came to England in 1893—I had some money, but was a loser in business after about six months—I was a customer of Mr. Goorvitch for cigarettes for my own consumption—after I lost my living I tried travelling with various articles, and Goorvitch employed me to pack up parcels and take them away, and after a few months I asked him to keep his books; but I cannot remember when I began—I was not paid for that, but sometimes he gave me a cup of tea and sometimes a plate of soup—at that time I was still travelling for a living—I sometimes had boots and old clothes from him, and in February last he began to pay me 5s. a week, but he did not give me any more clothes—I was never left in the shop alone—Mr. or Mrs. Goorvitch were always there when Grosse came in—I went there at 7 a.m. till 8 at night—Grosse returned goods several times, and every day when I wrote in the book he looked in it, and several times there is his writing in the book, because there was a mistake—when he
took away a box of cigars which was invoiced to him and it was returned it was left in the shop, but nothing was done with the books because I was. going out with parcels.
By the COURT. I cannot find any entry in the books of goods returned—there is no method of showing the cases in which goods were returned.
By MR. MUIR. I never entered the wrong amount intentionally as due from Grosse—I went away from London because I was ill—on Saturday, October 8th, I went to Mr. Grosse and said, "Mr. Goorvitch will take a warrant out for you and for me"—Mr. Franks had told me that, and it was after that that I went away—he took all these goods with him and these two items followed—I have heard Franks' evidence today—it is not true that I said that I was guilty or that I am only 48; I am 68—the story he has told today is not true.
Cross-examined. I have known Mr. Franks five or six yean—he has always been my friend—I went and saw him on October 6th. after I heard that the warrant was out—after that I went to my friends in Calais on the Saturday, and stayed there about two months—I did not hear that Grosse had been tried and found not guilty till about December 16th—I was back in London then—I did not go to the police till February 16th, having been two months in London—I was not charged with conspiracy with Grosse—I was committed for trial on February 23rd, and I saw Mr. Franks here in Court on March 7th—I had no conversation with him after Saturday, February 25th—I had some talk with him; he gave me 5s., and said, "Don't say anything to anybody"—I knew he was Goorvitch's brother-in-law, and sent to him to intercede for me—I left England for Calais on October 8th, not because I knew that a warrant was out against me, but Mr. Franks told me they were going to take one out—this date, Juy 27th, was written by me—I did not stand on Sundays with the ledger before me when a customer came to pay, and call out the amount he owed, because Mr. Goorvitch knew that, before.
By the COURT. I went to Calais because I was ill, and to see my friend—he is a manufacturer there—I did not tell Mr. or Mrs. Goorvitch that I was going to Calais or give them any idea that I was going out of the country:
IGNACE GROSSE . I was a customer of Mr. Goorvitch, and in the course of my dealings I have returned goods to him, about £30 worth in 1898—I keep no books—I got no receipts for the goods I returned—I was arrested, and these invoices were found on me—there is no entry on them of goods being returned; it was deducted from the amount I paid every week within a day or two of the transactions themselves—I knew what I had returned and Mr. Goorvitch knew on Sundays when I paid—I always returned an exact sum, £1 or £2—I have never paid the prisoner any money nor was there ever any secret dealing between us.
Cross-examined. I paid on Sundays—the prisoner generally called out the sum from the ledger—I took the invoices with me and produced them when I paid them.
By the COURT. I mean to say that I returned some of the goods in the invoices in my possession—there is no mark against them—I never marked the invoices when I returned goods, but they made a note of it—the prisoner altered the amount I paid by £1 or £2.
GUILTY .— Eight Months' Hard Labour.
NEW COURT.—Monday, April 10th, 1899.
Before Mr. Common Serjeant.
266. JOHN SULLIVAN (35) PLEADED GUILTY to stealing twelve yards of cloth, the property of Solomon Davis and another, and to a convict on of felony on March 7th, 1898. Six previous convictions were proved against him.—Twelve Months'Hard Labour.
268. WILLIAM HARRINGTON (30) , to forging and uttering a request for the payment of £30, having been convicted of felony on June 22nd, 1885.— Nine Months' Hard Labour. [Pleaded guilty: See original trial image.]
269. EDWARD LEE (18) , to forging and uttering an order for the payment of £10, the property of Sir Ellis AshmeadBartlett, with intent to defraud.— Judgment respited. [Pleaded guilty: See original trial image.] And
(270) THOMAS WILLIAM ESSELL (52) , to stealing a purse and the sum of 11s. 9d. from the person of Caroline Kempson, having been convicted at Clerkenwell on May 8th, 1893. Six other convictions were proved against him.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. WILKINSON Prosecuted, and MR. BUBNIE Defended.
JOHN EDWARDS . I am barman at the Seven Stars, High Street, Whitcchapel—on March 15th, about 3 p.m., the prisoner came in with two females—he called for two small glasses of port, three of Irish cold, and a glass of bitter—the price was 10 1/2 d.—he gave me a florin—I examined it and handed it to Mr. Higginson, the head barman—he put acid on it, and then put it through the tester, and broke it—the prisoner was sober—I did not put the coin anywhere before I gave it to Higginson—I had no other money in my hand—I had no more to do with it after that.
Cross-examined. I saw you give another florin to Higginson, and then a half sovereign.
THOMAS HIGGINSON . I am head barman at the Seven Stars—I was in the bar in the afternoon of March 15th, when the prisoner came in—I heard him call for drinks—I saw the money paid—Edwards handed the coin to me—I tested it and broke it—I handed the piece back to the prisoner, and said it was bad, and we could not take it—he gave me another florin, which was also bad—I broke that and returned it to him—he pulled out a handful of silver and said, "lama bookmaker; I cannot test every coin which I have given to me"—he took the money from his right-hand trousers pocket—I think he took the florin from the same pocket—then he gave me a good half-sovereign—I spoke to Hart, the door-porter, and the prisoner and the women went out—these pieces (Produced) are like the pieces I broke—I cannot say if they are the same—the prisoner was quite sober.
Cross-examined. I should not have served him if he were not sober—as far as I could see he took all the money from the same pocket.
RICHARD HART . I am door-porter at the Seven Stars—I was there on March 15th—all I heard the prisoner say was, "It is good money"—he said he was a bookmaker—he went out—I was afterwards sent for by the
police to the Bell, where I found the prisoner detained; he did not say anything—I charged him.
HENRY CUDE . I live at 41, Plascotte Lane, Upton Park—I was at the Seven Stars on March 15th—I saw the prisoner pay the money—I saw Higginson break the coin—I saw another coin handed over—the prisoner put the first one in his pocket—I took the second one and put it in my pocket; it had then been broken—I followed the prisoner out—when we got outside he put his hand into his pocket and threw something away—I followed him to the Bell with Beckett, the constable—I spoke to Beckett—I waited outside the Bell—the prisoner came out—the policeman spoke to him—I took the coin out to hand it to the policeman, when the prisoner snatched it from my hand and threw it into the road—he said, "I passed them, but I do not know how I got them"—the constable said that he would have to go to the station.
ZIBA BECKETT (414 H). On March 15th, about 3 p.m., I was on duty in High Street, Whitechapel—Hart made a communication to me—I went with him to the Bell—he pointed the prisoner out—I said to the prisoner, "What is all this about?"—he said, "I am a bookmaker; I do not examine all the money I get"—I searched the prisoner; I found £3 4s. 6d. in silver and 3s. 4d. in bronze in his right-hand trousers pocket—I took him to the station—Mr. Cude offered me the two pieces of silver; this is one of them (Produced); but the prisoner snatched them and threw them over his shoulder—Mr. Cude said, "These are the pieces"—the pieces were picked up—the prisoner was perfectly sober; he may have had a little to drink; his face was flushed, but he knew what he was doing.
Cross-examined. He was excited when I spoke to him.
JAMES FRENCH (13 HR). I was on duty on March 15th, in High Street, Whitechapel—I picked up a piece of counterfeit coin in the centre of the road, about eight or nine yards from the Seven Stars, close to the tramline—I handed it to Beckett.
JOSEPH HAINES (63 H). I was on duty near the Bell on March 15th—I picked up the other piece of counterfeit coin—I had seen the prisoner in the custody of Beckett—I saw the prisoner throw the coin away—I handed it to Beckett.
The Prisoner, in his statement before the Magistrate, said that he paid for the drink with a florin, and while talking to a young woman the barman returned it, and he then paid with a half sovereign.
NOT GUILTY .
MATILDA COX . I am barmaid at the Berbeck Arms, Highgate—on Monday, March 20th, the prisoner came in with a man named Wilmore—he asked for two half-glasses of ale—he gave me a half-sovereign, or rather a medal, to pay for them—I said, "What do you call this?"—he said, "Half a sovereign"—I said, "I beg your pardon, it is not"—the
other man said it was a bad half-sovereign—the prisoner put the coin down with the head uppermost—he then tendered me a shilling, and asked for the medal back—I said No, I would see the landlord first—I spoke to Mr. Cormick—I saw Sergeant Nicholls search the prisoner.
Cross-examined. I turned the coin over*—this was about 2.30—the prisoner did not say, "I beg your pardon, miss; you cannot change that?"—he did not seem to have been drinking.
ALFRED NICHOLLS (Police Sergeant, Y). Mr. Cormick made a communication to me on March 20th—I saw the prisoner and Wilmore—I said I was a police officer, and should take them into custody for attempting to utter a coin—the prisoner said, "It was bunged into me on Saturday night, and I thought I would bung it into somebody else"—they were taken to the station—I searched Burt, and found a shilling and 1s. 6d. in bronze—I asked where he got the coin—he said it was given him in change at a public-house in Hollo way on Saturday night, and that he first found out it was bad on the Sunday morning—they made no answer to the charge—Wilmore was discharged by the Magistrate, and he is here.
WILLIAM JOHN WEBSTER . I am Inspector of coin to Her Majesty's Mint—this is a card counter—it is made of brass—on one side are the Prince of Wales' plumes—the superscription is "Victoria, Queen of Britain"—they are sold at so much per dozen—the head is similar to the old-fashioned head on a half-sovereign.
A. NICHOLLS (Re-examined) "The prisoner was sober, but he feigned drunkenness going to the station.
J. C. CORMICK (Re-examined), I do not know the prisoner—I generally serve in the bar myself.
GUILTY .—Two convictions were proved against him.— Fourteen Days' Hard Labour.
OLD COURT.—Tuesday, April 11th, 1899.
Before Mr. Justice Grantham.
MR. GILL and MR. BODKIN Prosecuted, and MR. HTTON Defended.
HERBERT WILLIAM ROBINSON . I am chief officer of the Goldsmiths' Company at the Assay Office—articles come to my department to be stamped, which is done by the Company for a few pence for each article—manufacturers of silver have a private mark, which consists of their initials generally, which they register at Goldsmiths' Hall, where the registers go back for about 200 years—the manufacturer's mark is put on by himself with a punch, and then it is brought to Goldsmiths' Hall
—these punches, No. 10 and 11, bear the manufacturer's mark, W.L. and S.M.—I find on these silver articles a manufacturer's mark, G.F.—it is the duty of the Goldsmiths' Company to impress the lion and the leopard's head; those are the distinctive marks of the London Goldsmiths' Hall, and the only other towns are Birmingham, Chester, and Sheffield—it was the custom up to 1890 to impress the duty mark, which was the Sovereign's head prior to 1874—the number was 104 and 105, that was 1783—there is also the date of impressing what is called the date letter—it shows when the article was stamped, and is changed every year—the lion, the Jeopard, the King's head, and the date letter are impressed by punches—punch No. 1 bears the mark of a lion, and I marked this piece of silver (Produced) with it—No. 2 is a smaller lion, dies No. 3 and 4 are leopard's heads, crowned No. 5 is the Sovereign's head, George III.—that was the date mark from 1874 to 1890—duty was paid then, but no mark was put—No. 6 is the date letter of 1784—die No. 7 is a Roman H. of 1783, the year before—No. 8 is a Roman H and a lion on it—these punches resemble those legitimately used at Goldsmiths' Hall, and are adapted for making those marks—on March 9th, between 8 and 9 a.m., I went with Inspector Morley and other officers to the prisoner's house, 72, Latham Street, Holloway, and took part in searching it—a cup-board in the kitchen on the ground floor was opened by a key—in it was a lot of rubbish, very dirty, and this black box fastened by a padlock which was opened by another key, and inside it were some tin boxes in which were the steel punches produced—I should say that No. 8 is an impression taken off the silver on to this metal—No. 9 is a similar piece of metal, made in the same way—No. 10 is a name punch, W, L.; No. 11 a punch, S. M.; No. 12 a name punch, W. B.; No. 13, letter K.; No. 14, a punch, with the prisoner's initials, T. P,; No. 15, a leopard's head, crowned; Nos. 16 and 17, a King's head; No. 18, for 1879; No. 19, P for 1870; No. 20, T for another date; No. 21, for 1891; No. 22, W. S. for William Shaw—we found those letters by looking at the registers—I cannot give any explanation of the strip of silver, No. 23—No. 24 is J. E.—here are others, Nos. 27 to 34—I also found a plate of. date marks of the Goldsmiths' Company from 1558 downwards—Nos. 34 and 35, punches, are both marked G. S., which is on the two silver articles (Produced)—that is the mark of George Smith in 1739—in a bedroom upstairs I found forty or fifty other punches adapted for making similar impressions to those downstairs, but they had not been used for some time—I consider that they had been used—I went into a small lean to shed, and saw on a shelf a number of tools, a punch with a King's head of 1749, and a large quantity of silver plate (Produced)—No. 52 is a cream ewer marked with a lion and leopard's head, a date letter, the head of George I., and G. S., the manufacturer's mark—those marks have all been made with the punches I found—they are not genuine marks, but they resemble the marks of the Goldsmiths' Company—the date mark of the Goldsmiths' Company is destroyed every year on May 28th, but the leopard's head and lion punches are kept—no punches can be obtained outside—the wardens see the marks obliterated—these silver candlesticks are marked with the lion, the date letter of 1784, the leoward's head, and G. S., the maker's
mark—there is no date mark; it would be marked before the statute was passed—those marks were made by dies found at the prisoner's house, and are not genuine—the nozzle is marked with the lion only—that was the practice at that time—in my opinion this is modern silver—it is quite new work—No. 68 is a tray, which has a coin let into the bottom of it—it is marked with the lion, the leopard's head, the date letter 1724, and the name mark, corresponding with the punches in the prisoner's possession—the coin let in is one of George III., 1820—I found in the prisoner's possession a number of coins which had been cast—this is a cast coin—it was never struck at the Mint—79,80,81 and 82 are four vases marked with the lion, the date, the leopard's head, and the name—the date is 1729—those are forged marks, and they are on the cover of the vases as well as on the body—No. 85 is a mustard-pot with a lion; a leopard's head crowned, a date letter, and the manufacturer's initials, W.S.—each of those marks has been placed on the articles by one of the dies found in the house—(A silver chocolate-pot, a biscuit-jar, two baskets, two trays with coins let in, two shell plates, a mustard-pot, two bundles of teaspoons dated 1804, a silver ewer, a ladle, and a number of other articles, each bearing similar hall marks, were here produced.)—each of these articles, I should say, are modern silver, and bear forged marks of the dies which I found—two of the trays have cast coins of George III. let in, and the date mark is 1724—I also found 19 silver ewers, 4 silver shoes, 8 silver baskets, 2 silver candlesticks, 11 silver salt-cellars, 9 silver castors, 4 silver trays, 222 silver spoons, 41 silver toogs, 72 silver forks, and 11 silver sugar-strainers, each of which bears the mark of the lion and the leopard's head crowned, made by the punches I found—they are not articles of the date which the date letter represents—I am not aware of any models having been taken—No. 175 is a presentation case of spoons, and tongs which bear genuine marks of the Victorian reign, but the date mark has been obliterated; it is within the last ten years; the date letter has been coopered out, and also from some of the other articles, for some purpose—among the articles found here are six silver ewers which have no marks on them; they are very similar to all the others and exactly the same pattern as the marked one—I also found this spoon with a stem, but no handle (Produced); the stem has an Irish mark; there would be nodifficulty in putting a bowl into it—I also found some ingots of silver and some in scraps—I found no books at all.
Cross-examined. My strong opinion is that the marks on the marked silver were made by the punches found—I was with the inspector during the search—a small proportion of the silver was un worked up—some was worked up, and not marked—only a small proportion of the silver was in the workshop—I am certain the punches had been used, within a year or so—the punches are struck with a hammer—apart from the marks, I should say the silver was modern; within twenty-five years within the present reign, at all events—technically, modern silver would be within about fifty years—some silver was marked in the ordinary way—I have compared the punches with the silver found—if the punches had not been used for ten years the tops would not be so bright from the hammer marks—I can say with certainty that one or two of the punches have been used within the last two or three years—there is
nothing unusual in t he possession of the date cards—the prisoner's wan an ordinary silversmith's workshop—one punch had a king's head, probably of George III.—the imitations were good for the purpose for which they were used—they would deceive a fairly experienced person—the spoons are Victorian—I fancy I can trace the letter M, partly obliterated—that would indicate five years back—a good deal of silver is sold by dealers who travel about the country.
Re-examined. Some of the punctures had oil on them—the oil was moist. JAMES MORTIMER GARRARD. I am a gold and silver-smith, of 25, Haymarket—I have had fifty years' experience—I have a thorough practical knowledge of the business—I served my apprenticeship at the work bench—I am familiar with every branch—I have examined the silver produced—it is decidedly recent—I have no doubt about it—some of it had been made within the last two months; in fact, some of the partly finished articles have what we call the oil tarnish on them which comes from the buff.
Cross-examined. I do not disagree with Mr. Robinson, but I go further as a practical workman, and say the age of the silver is reducible to months, and not years, because the method used in making and the mode of polishing are modem—I apply that answer to all that is manufactured, and that is marked—I have not examined all the unmarked—as an expert I say this silver is modern—I do not know how you would describe it.
By the COURT. This spoon which is marked with the Queen's head is English make—the handle is only cast, not struck—it is rudely made, but it is a good casting—I say the same of the sugar tongs—the two sets are casts, but with a wrought piece which bears the hallmark.
JAMES MORLEY (Police Inspector Y). On March 8th I received a warrant to search the prisoner's house—on the morning of the 9th I went to Latham Street—I left other constables to watch, and followed the defendant as he left the house—I said, "Is your name Charles Twinam?"—he said, "Yes"—I said, "You live at 72, Latham Street?"—he said, "Yes"—I said I was a police-inspector, and held a warrant for his arrest—I handed him over to other officers—t went to 72, Latham Street—the prisoner was brought there immediately after I entered—I read to him the warrant of arrest and the search warrant—I said, "I do not know whether you care to save any trouble; you may tell me if you like where the dies are that are referred to in the warrant"—he said, "I know nothing about any dies; I have none"—on him I found four keys on two bunches—with one of those keys I opened the kitchen cupboard, where the black box was found—the cupboard was dirty—the box looked as if it had been used—I searched upstairs—in one of the cupboards in the front room, which I think was a bedroom, I found a number of articles and some punches—I found £53 in gold and £15 in notes—that was given to the prisoner's wife—in the workshop I found the punch produced. No. 39—I produce three lists of the property found in ("A") the kitchen cupboard, (" B ")on the first floor, and (" C ") in the workshop—the articles were handed over to the officers of the Goldsmiths' Company who were vrith mo—the prisoner was taken to the Polie-station—he was charged with having in his possession forged dies and silver wares—I told
him I had taken possession of a quantity of manufactared silver, and asked him if he wished to explain how it came into his possession—he said be worked for Mr. Purdie, of 5, Sun Street, Finsbury—I had referred to a quantity of sheet and bar silver not worked into any pattern.
Cross-examined. I gave evidence at the police-court on March 9th, 17th, and 25th—I was not asked about the condition of the cupboard till March 25th—I answered what I was asked—the question was not asked on my report—it did not escape my inemory—the prisoner has lived at 72, Latham Street some twenty years—he has worked at Hatton Garden—I do not know that he worked for Mr. Bowden—his workshop was that of a working silversmith—he said he did a certain amount of overtime—I had nothing to say against the district—burglaries would not be likely, because every room is occupied—some of the marked silver was locked in the cupboard upstairs, some in the box—several spoona were in the workshop—there were two keys, each on two rings—one key was for the cupboard, one for the box, and there were two padlocks upstairs on the cupboards.
Reexamined, Looking at the outside of the house, there was nothing to indicate a silversmith's business.
JAMES MACMAHON . I am a pawnbroker, of 27, Seven Sisters Road,. Hoiloway—I have known the prisoner about twelve years—about four years ago he pledged some silver and antique plate with me of the time of George II. and George III.—I lent money on some, and some I purchased—I asked him how he became possessed of it—he said he got it from dealers in the country who wanted to dispose of it in London, as being the best market—I sent some to Debenham's Stores—I subsequently. received a communication from them that the marks were forged—I withdrew it from the sale—I told the prisoner that I had had an intimation from the Assay Office that the hall-marks were forged—he denied that they were not genuine—the following day he pledged modem silver for £14, and I deducted the amount I gave him for the first set of silve r—I returned the antique silver to him—he subsequently redeemed the new silver he had pledged—the has never brought me any silver since then nor had any further transaction with me.
Cross-examined. I could not sufficiently judge that the marks were not genuine—I thought they were genuine.
Evidence for the Defence,
CHARLBS TWINAM (The prisoner), I lived up to the time of my arrest at 72, Latham Street, Hoiloway—I was fifty-four years of age last December—I was apprenticed to the silversmith's trade—I worked mv way till I started as a master man fifteen years ago—I afterwards became a journeyman—I went into the service of Mr. Higgins, of Newman Street, Oxford Street, and then into the service of Mr. Bowden for nine years—my son served his apprenticeship to Mr. Bowden under me—I went from Mr. Bowden to Messrs. Wakling and Wheeler, of Hatton Garden, where I was employed for five years till I was arrested—during the last ten or twelve years I worked at home in my spare time—this marked silver had been in my house fourteen or fifteen years—I bought it when I was in business at 1, St. James' Walk, Clerkenwell, from a Mr. George Davey, a travelling dealer—I made work for him from the rough—he asked me
whether I would buy some antique plate, and I told him yes—he showed me some; I bought it of him and paid him ready money, 8s. an ounce, what I considered it was worth, but I was not much of a judge then—I had then been in business on my own account about six months—I had small experience of hall-marks, and took and believed them to be genuine—I told Davey I had not sold any of his plate, and wanted him to take it back; in fact, I had a doubt as to some of it—he said, "It is all right; I am going down home"—I took him to be a Devonshire man—he said he was going away for two or three weeks, and I concluded he was going to Devonshire—I said, "Very good"—he said, "I shall be gone two or three weeks; you had better mind this parcel;" and he left a brown paper parcel with me—I said, '* Very good"—he said, "Do not open it;" but I did open it—I took it home—he never returned—I have never seen him since—I kept the parcel four or five months, then I opened it—I saw the punches—I thought it was suspicious, and I put them into the wooden box and locked it up in my cupboard—I put the marked silver which Davey left with me into the box with some hay and straw, so that it should not be bruised, and put it upstairs in the bedroom, in two boxes, some in a big case, and locked them up—I sold one or two articles—I believed they were genuine—I took some to the pawnbrokers—MacMahon sent for me and told me they were not genuine—the unmarked things I made for some manufacturers—I took some silver to pieces to take the patterns—the punches remained in the box—I did not use them.
Cross-examined. The parcel was left with me about fourteen years ago—I saw the punches were for the lion and the leopard's head, the date mark, the manufacturer's mark, and the duty mark—I never went to the box—I did not oil any of the punches—they were blanks as a rule—some were in the tin box in the bedroom—the blanks were in the workshop—I have bought silver rolls from a number of people—my employers used a similar kind of silver—I did not know that silver was only supplied to one or two firms—I have used his dies—in the trade we frequently do that—some are ordinary patterns—I have sold plate of the date of George II., some to pawnbrokers, some to a man, as a foreign person, who got twelve months, not for being in possession of them, but for casting one hall-mark into other articles—silver would tarnish in fourteen years.
GUILTY .— Five Years' Penal Servitude.
NEW COURT.—Tuesday, April 11th, 1899.
Before Mr. Recorder.
275. WILLIAM WILKINSON (22) and ARTHUR BALFOUR (21) PLEADED GUILTY to robbery with violence on Mary Ann Betson; Balfour having been convicted on May 25th, 1895. Another conviction was proved against him. WILKINSON— Nine Months' Hard Labour. BALFOUR— Twelve Month Hard Labour and Twenty Strokes with the Cat each.
276. JESSIE ALICE OLIVER (20) , to stealing nine postal orders, the property of the Postmaster-General; also to forging and nttering two of the said orders, with intent to defraud.— Judgment resipited. [Pleaded guilty: See original trial image.]
277. WILLIAM UTTINGS (22) , to breaking and entering the warehouse of Thomas Jones, and stealing two chamois leathers and a book, his property. Six previous convictions were proved against him.— Fourteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
278. PIETRO D'ESTE (44) , to being in the Church of St. George, Hanover Square, and stealing 78. 6d., and afterwards breaking out of the said church.— Judgment respited. [Pleaded guilty: See original trial image.] And
(279) JAMES ARNOLD WORMOLD (38) , to obtaining two pianos from Charles Henry Pyrke, with intent to defraud, having been convicted at this Court on July 23rd, 1894.— Eighteen Months Hard Labour. [Pleaded guilty: See original trial image.]
280. WILLIAM FREDERICK GEIBER (44) and AGUSTA FALG (33) , Stealing a mackintosh, the property of Leonard Biddle: a silver salver, the property of the Great Eastern Railway Company; and six fish-knives and other articles, the property of Walter Read; Geiber having been convicted on October 3rd, 1893.
MR. BOUOH Prosecuted,
CHARLES ERNEST MARCHANT . I am a commercial traveller, and am staying in London—I was in a public-house in Torrington Square on March 11th, about 8.45 p.m.—I had a dog with me—three men were there—they asked me to treat them—I said they could have a drink—I was not drunk; I had had one or two drinks—after a time I lost sight of my dog—I have not been drinking this morning—two little boys went out to look for my dog, and brought it back, but without its collar—I went out to go home to 23, Keppel Street—when I got to the comer of the street the three men whom I had been treating came up—one of them caught me, and one came behind and rifled my pockets—I had no money in my trousers pockets; I had three 2s. pieces and 1s. in my waistcoat—I recognised the prisoner—the landlord of the house where I was staying went af ler him and brought him back, but asked me not to charge him—I held him till a policeman came—I did not lose sight of him—I ran after all the men, but two got away.
Cross-examined by the Prisoner, I do not remember meeting you in Bedford Place.
WALTER GODDABD . I live at 67, Marchmont Street, Russell Square—I am a butcher's boy—I was in Torrington Square between 9 and 9.30 on this night—I saw the prisoner and two other men leading the proseontor. up the street, and opposite 22, Keppel Street, they knocked him down—the prisoner and one of the others held him down while the other picked his pockets—the prosecutor's wife opened the door of the house and called out "Thieves!" and the men ran away—I have no doubt about the prisoner.
Cross-examined. I saw you assisting to put the prosecutor on the ground.
THOMAS ASHTON . I live at South Keppel Mews—I am a butcher's boy—I was in Keppel Street about 9.15 on this day, and saw the prisoner and two other men and the prosecutor outside No. 22—they threw the prosecutor down on the ground, and put their hands through his pockets—then the prisoner walked away a little way, and said, "I will not have anything to do with it"—I did not see the prisoner put his hands into the prosecutor's pockets—he did not help to hold him, but he helped to throw him—two ladies ran out of a house and called out "Thieves!"—the two men ran away, and the prosecutor ran after them—a gentleman came out of the house and ran after the prisoner, and caught him in Russell Square—I was standing close by; I was alone.
WILLIAM WEBB (394 B). On this Saturday, about 9.15, I was in the Tottenham Court Koad Police-station—a man came and said something to me—I went to Keppel Street, and saw the prisoner struggling with the prosecutor, who said, "This man, with others, has thrown me to the ground and tried to rob me; I want to charge him"—the prisoner said, "All right, guv'nor, I will go with you, but he has made a mistake this time"—I took him to the station, and in reply to the charge he said, "No, I did not do it"—the prosecutor appeared to have been drinking, but he was not drunk; he seemed to know what he was about.
The Prisoner in his defence said that he was in the public-house with the prosecutory and had a drink with him; that the prosecutor went out, and after a few minutes he (the prisoner) left also, and saw the prosecutor talking to some men at the corner of the street, who, when they saw the prisoner, ran atcay; that the prosecutor said that he had struck him and robbed him, and then struck the prisoner in the face: that he ran dotvn the street, but was caught by a crowd and given into custody.
GUILTY .—He then Pleaded Guilty to a conviction of felony at Clerkenwell, on July 28th, 1898.— Nine Months' Hard Labour.
MR. MOOR Prosecuted, and MR. GREENFELL Defended.
WILLIAM JAMES VLANN . I am a ship's cook—on March 9th I was in Fenchurch Street, talking to two friends; Brown came up and asked me if I was looking for a berth—I said, "Yes"—he said, "I know a gentleman who wants a cook for a ship, so you can meet me at one o'clock tomorrow in Fenchurch Street"—I and my two friends, Conashan and Simpson, met him next day, and he took us to the Royal Exchange, where we met Smith or Thorp, who said he was a shipping-clerk at Lloyd's Office—he said to me, "What wages do you want?"—I said, "I want £7 10S. a month"—he said, "All right"—he took my papers and said, "You must return tomorrow, and I will take your discharges"—on March 11th we went, and he took our papers—he said there was a fee to be paid for the shipping office, which had to be given To Mr. Bulver, the head shipping clerk at Lloyd's Office—I said, "I don't mind giving you the money as long as I get the berth"—he said, "The berth is there for you to get"—I said, "I have not the money this minute, but I will go home for it"—I went with Brown to Fenchurch Street—I said
to him, "I should like to know the name of the ship," and he took a pencil out of his pocket, and wrote the ship's name in my book; here it is now, the ss. Dugwala—I said, "All right, it might be true"—I went home and got the 4s., I returned to the Royal Exchange, and gave it to Thorp—Brown said, I could not obtain the berth without paying the 4s.—on March 14th or 15th I received this letter. (Saying that it was a rule at Lloyd's that a small premium should he paid, and returning his discharges, signed "Bulver")—I went to Lloyd's, but they did not know of such a vessel, or of such a man as Bulver.
Cross-examined by Broum, I did not know you before—I said I would give you a present if I got a ship—you came to my house on the 18th—you sent me this telegram—(This stated that the surveyors disagreed, and the ship would not sail yet)—I gave you the money because I thought you were an agent, and that you were going to get me a situation.
JOHN MATTHBW . I am a ship's steward—vlann spoke to me about getting a berth—I went with him to Fenchuroh Street on March 14th—we met Brown, who took us to the Royal Exchange to see the shipping clerk—we met the other prisoner—vlann asked him if he could get me a berth—he said "Yes," and I gave him some papers—next day I met Thorp again, and deposited 5s. with him———Vlann told me that it was the custom—after having the money Thorpe told me he would be able to put me into the same ship as my friend—I have not got the berth through either of the prisoners—I have not got my 5s. back—there is no such ship.
Cross-examined by Brown, I did not know you before—vlann said that you were a ship's runner, and the other man was a shipping agent at Lloyd's—I did not pay you any money—I did to the other man, in your presence.
Re-examined. I gave him one of my discharges; he said it did not matter which I gave him—if I went to get a berth I should take all my discharges.
CABSTAIBS MILN . I am Assistant Superintendent at Lloyd's Office—neither of the prisoners are connected in any way with that office—I have never to my knowledge seen either of them before—we have no clerk named Bulver—there is no ship in our records registered as the Duguwala—Lloyd's have nothing to do with getting berths for men—this letter is not from Lloyd's.
Cross-examined by Brown. I know a captain named Hossier.
JESSIE CROUCH (City Detective), On March 22nd I was with Ylann, who pointed Brown out to me—I said, "I am a police-officer; you will be charged by Mr. Ylann with stealing 4s. on March 11th"—he said, "All right; I have not had any money"—I took him to the station and said I should detain him while I made inquiries about Thorp, with whom he was concerned—at the station Brown asked if he could refund the money—Vlann said "No"—I searched Brown, and found a quantity of property and this telegram (Produced) concealed between his trousers and shirt; it is partly in Dutch—it said, "Ship not starting"—I also found a quantity of papers relating to seamen's certificates of discharge—on the 24th, in company with Detective Pearson and Ylann, I was in Fen-church Street—Thorp was standing outside a public-house—seeing Vlann,
he ran through Star Alley; we gave chase and caught him—we told him we were police-officers, and that he would be charged with being concerned with another man named Brown or Hanson in stealing 4s. from Viann on March 11th—he was taken to the station.
Cross-examined by Brown. I did not ask you to write anything at the station—I detained you there four or five hours—you had not been in long enough for an allowance of food to be made for you—I did not bring the. coloured man in to question you—the Lord Mayor did not find fault with me.
HENRY PEARSON (City Detective). I wai with Crouch when Thorp was arrested—I took him to the station—on the way he began to make a statement; I cautioned him, but he said, "I had the money, and we halved it; Brown told me to do so, and said he would take all the responsibility."
PETER THORP (The prisoner). About a month ago I met Brown—he said, "Will you assist me a little?"—I knew him before as a respectable man—he said he had some sailors whom he wanted to assist, and he asked me to go to the Royal. Exchange and he would be responsible for everything, and see everything was all right—I went there and met Brown, Vlann and Matthew—I looked at some shipping-papers, and as far as I can remember I gave them back again—two or three days after Brown told me to go to the Royal Exchange again—I saw him there, and Vlann and, I think, two others—Brown said he had opportunities to ship some men, and he asked me to confirm his words—that was all I did—no ship's name was mentioned—Vlann came to me and put his hand into my pocket and said, "Here is a present for you; I will see you all right when I sail"—I left them, and afterwards I found 4s. in my pocket—when I saw Brown he claimed half of it, which I gave him—he said if I would do as he told me it would be all right—I had confidence in him—a little later I met him again with some others, and I got 49. out of Matthew, who said to me, "I want to see you privately;" and he put two 28. pieces into my hand—Brown got half of that; he said it was the custom—some days passed, and as Brown had not got any shipping, I said he had better go with me to Vlann and pay the money back—he said he would go the next day—the next day he said he had sent Vlann on board some ship in the West India Dock—I was very glad, but later on I found it was not so, and I said that he must try to get them berths—he said he would be quite sure to get work for them—he sent the discharges back—I never said to anybody that my name was Smith—I never said I was a shipping clerk.
Cross-examined. I have been in the ship's chandler business—for the last eighteen months I have been only working on commission—I have nol been loafing about Mark Lane for the last eighteen months; I have been there because ships' captains are there sometimes—for eight months I was with Beaum and Co., in the Minories—that was seven or eight months ago—I first made Brown's acquaintance about eighteen months ago—I have not constantly been in his society—I have seen him, but not to speak to—I only did what Brown told me—afterwards I had my doubts about it—I did not know what the 4s. was for.
Cross-examined by Brown. I recommended you to a ship three or
four months ago—I have told you my name was Thorpe—I think the last time I saw you was four or five days before I was taken into custody.
By the COURT. I did not write the letter purporting to come from Bulver—I do not know who wrote it.
GUILTY .—Brown then Pleaded Guilty to a conviction at this Court on September 12th, 1887. Three other convictions were proved against him and he had served three terms of penal servitude. Twelve Months Hard Labour. THORP— Eight Months' Hard Labour.
The RECORDER considered that the sailors had done a great public service, and referred them to the Mansion House for remuneration.
THIRD COURT.—Tuesday, April llth, 1899.
Before Mr. Common Serjeant.
No evidence was offered.
NOT GUILTY .
285. GEORGE JONES (28) PLEADED GUILTY to robbery with violence on Simon Hyderkins, and stealing a watch, his property; having been convicted at Clerkenwell on July 22nd, 1895.— Twelve Months' Hard Labour.
286. GEORGE MAIN (67) , to stealing £17 10s. from James Rowe, by means of a trick. The prisoner had spent nearly thirty years in prison.— Three Years' Penal Servitude [Pleaded guilty: See original trial image.]
288. ANNIE BUCKLE (23) , to forging and uttering a cheque for £3, with intent to defraud; also to obtaining the said amount by false pretences.— Recommended to mercy by the prosecutor, who offered to take her back into his service.— Two Days' Imprisonment [Pleaded guilty: See original trial image.]
289. WILLIAM YETTON (44) , to maliciously damaging two panes of glass, value £15. He had been several times convicted of similar offences.— Twelve Months' Hard Labour. [Pleaded guilty: See original trial image.]
292. ALBERT CLARE MILES (34) , to obtaining credit to the amount of £20 and upwards from the Grosvenor Hotel Company, without informing them that he was an undischarged bankrupt.— Judgment respited. [Pleaded guilty: See original trial image.] And
(293) CLAUDE THEODORE JAMES VAUTIN (43) , to unlawfully obtaining goods on credit within four months of his bankruptcy; also to obtaining by false pretences nineteen certificates of shares on the Denver and Rio Grande Railway Company, and other shares in other railway companies.— Six Months' Imprisonment without Hard Labour. [Pleaded guilty: See original trial image.]
MR. PARTRIDGE Prosecuted.
JAMES HARRINGTON . I keep the Wheatsheaf beerhouse at 2, Commercial Road—on March I8th, in the evening, the prisoner came in, and asked for a small glass of stout—I served him, and he gave me bad money—I knew it was bad by the feel of it—I asked him if he had any more like it; and he said to me, "Who are you talking to?"—I sent for a police officer, who took him into custody—I never saw himbefore—he was quite sober.
GEORGE FARMER (51 H.). I was called in to the Wheatsheaf, and saw the prisoner there—I said, "This gentleman charges you with uttering this bad half-crown"—he made no reply—I found in his right vestpocket 3 half-crowns done up in a piece of newspaper, and 2 in his left pocket packed in the same way (Produced)—he said not a word as to how he became possessed of the coins—I took him to the Police-station—no good money was found upon him.
Several previous convictions were proved against him.— Nine Months' Hard Labour.
MR. TAETRIDGE Prosecuted.
MARY SAUNDERS . I assist my father, a confectioner, of 109, Goldsmith's Road, Hackney Road—on March 3rd, about 5.15 p.m, the prisoner came in for a pennyworth of cough drops, and gave me a half-crown—I noticed it was light—I took it to my father, who came and gave the prisoner into custody.
HENRY GEORGE SAUNDERS . I am the father of the last witness—I examined the half-crown that she brought to me, and found it bad—I went into the shop and asked the prisoner if he knew it was bad—he said, "No"—I gave him into custody—he said he had had it given to him for carrying a parcel to Dalston Lane.
ROBERT WRIGHTSON (147 J). I was called to this shop, and saw the prisoner—I asked him where he got the half-crown—he said, "I received it as wages from a Jew for carrying a parcel from against the Post Office to Dalston Railway Arch"—I took him to the Police-station, and found on him a penny—I formally charged him, and he made the same reply—he gave his name as William Butler, and "no fixed abode" as his address—he was charged before a Magistrate, remanded from the 4th to the 7th, and there being no other case, he was discharged.
JESSIE CAYLEY . I am barmaid at the Crown and Shuttle, High Street, Shoreditch—on March 26th, about 8 o'clock, I was serving in the bar when the prisoner came in and called for a pot of four ale—he paid me with a half-crown, which he slipped along the counter—I found it was bad, and took it to my mistress—she came into the bar, and asked the
prisoner if he had any more—he said "No," and that it was taken for a debt in Brick Lane—a constable was sent for, and he was given into custody.
ALICE BOWDEN . I am landlady of the Crown and Shuttle—the barmaid brought me this half-crown—I took it to my husband, and we tested it together and I went into the bar and said to the prisoner, "Do you know this is a wrong one?"—I asked him how many more he had got upon him—he said a man had paid it back to him last Friday for a debt in a public-house in Brick Lane—I sent for a constable—my potman detained the prisoner, who said to him, "Oh, cheese it, cockie! "—he told my potman he had taken it at the Globe.
JOSEPH O'CONNELL . I am potman at the Crown and Shuttle—I took charge of the prisoner till the police came—he said to me, "Cheese it, cockle! I have just got this from the Globe tonight"—I did not understand what he meant.
JAMES QUINLON (122 G). I was called to the Crown and Shuttle, and saw the prisoner in the potman's custody—I asked him where he got the half-crown—he said he had taken it at dinner time that very day for a debt owing to him by Jack Smith—I searched him and found on him 11 1/2 d. in bronze—I charged him at the station, but he made no answer there—I asked him his name—he said John Buckland, and that his address was in Little Pearl Street; he did not know the number—we found that the description was false throughout.
GUILTY .—He had been previously convicted of burglary.— Twelve Months' Hard Labour.
MR. PASSMORE Prosecuted.
JOHN OTTAWAY (City Detective Sergeant). On March 20th I was in St. Mary Axe—I saw the prisoner with a trolly and a large case upon it—I noticed that he was nervous, and followed him into a narrow alley—he saw me coming, dropped the truck, and ran away—I followed him about 200 yards, shouting, "Stop thief!" and then caught him—I said, "I am a police-officer, where did you get that case from?"—he said, "I do not know anything about the case"—I took him to the station—the case contained 526 rolls of satin ribbon—I asked him where he got it—he said, "1 found it in the gutter outside a public-house in Camomile Street"—inquiries were made, and it was found that the case had been stolen about a quarter of an hour previously from Love Lane—he refused to give his address—he made no reply when charged.
Cross-examined by the Prisoner. You did not say at the station that you had been told by two men to carry the case to Petticoat Lane.
WILLIAM GEORGE THOMAS . I am a silk merchant, of Little Love Lane—on March 20th, about 2.30 p.m., I missed this case of satin ribbon—I next saw it about 3.30 or 3.45 at the Police-station, and identified it—the trolly was not mine—I did not know the prisoner—he bad no authority to deal with the property.
JOHN OTTAWAY (Re-examined). He did not make any statement as to how he became possessed of this case, except that he found it outside a public-house in Camomile Street—he did not say what he was going to do with it—he gave no reason for running away.
GUILTY .—He then Pleaded Guilty to a conviction at North London Sessions on March 1st, 1898, and six other convictions were proved against him.— Eighteen Months' Hard Labour.
OLD COURT.—Wednesday, April 12th, 1899.
Before Mr. Justice Grantham.
MR. BOND Prosecuted.
MARIE BOUGARTZ (Interpreted)—I am a dressmaker, of 28, Westbourne Street, Sloane Square, I am a Belgian, and unmarried—I lived with the prisoner for 10 years—the first year he had plenty of money, but he spent it all, and I supported him for 9 years—we separated last September, when we were living at 37, Empire Court—he tried to make a business in Ostend—I gave him money to go with, and I sent him some more at Christmas—I received some letters from him asking for money—he said he was surprised that he had not had any news from me, and that he would not do me any harm for 48 hours, but if he did not get some money from me, he would let all my friends in my village know of my private life—that was in the last letter—I burned his former letters—I saw him at Ostend once before Christmas—I returned to London, and went to Madame Joicey's at 103, Arthur Street, Chelsea—that is a respectable house—I left there on February 15th, when I heard that the prisoner had returned to London—I did not live with him again—I supplied him with money to return to Ostend—I did not see him again till he was in custody—when I left Arthur Street I went to Southampton—I then returned to London and went to Brixton, and then to the Elephant and Castle, always to get out of his way—when I was in London, Madame Joicey handed me this letter—it is in the prisoner's writing (Interpreted): "London, March 13th, 1899. Dear Madame,—I am very much surprised not to have had news from you; all the more so as I was in great straits, having no room or lodging, not knowing where to go, nothing to eat, no linen I hope that by your good heart, before I do you some bad turn, that within 48 hours I expect a reply before writing to the mayor of your village, or town, in order to avoid that all the village should come to know what bad conduct you have had; that you have been in prison at Bordeaux; that you have been expelled, and afterwards had been in Brussels and Rochelle. I shall not neglect anything, telling them of your present conduct in London on the streets now, and of the miserable blackguard with whom you live. I hope you will not make it necessary for me to communicate with your family. Send me a few pence that I may have my washing and something to eat. I hope to receive the money by post, c/o Robert, Titchfield Street, Dean Street, Soho. I embrace thee.—MAURICE
TEISSEDRE. P.S.—I want you to let me have my pawn-tickets"—I had two pawn-tickets of his, and the other is my own property—the prisoner had the money for the rings and watch—I am quite ready to give him the pawn-tickets back—Madame Joicey received the letter for me—she opened it; I told her to—I am well thought of in my own village—the people there do not know anything about my conduct—I am very sorry to be in this situation—I do not wish to do him any harm; I only want him to leave me alone—I did not send him any money in consequence of this threat; I communicated with the police.
Cross-examined by the Prisoner. I have got the pawn-ticket for a ring for £3—the breast pin is mine—the bedding and sheets are my own.
Re-examined. I pawned the things at his request—I had the money for my own things.
MARIE JOICEY . I am married, and am the owner of 109, Arthur Street, Chelsea—I let apartments—the last witness came to live with me on November, 8th—she left about February 15th or 16th—the prisoner called at my house on February 23rd, about 11 p.m.—he asked for Madame Marguerite, his wife; that is the last witness—I never knew her proper name—I told him she was away—he came again on the 24th, between five and six, with another young man, who said he was a detective—I said if he was a detective he must show me his badge—I asked him to show it to the policeman—I went to fetch one, and when I returned the prisoner had gone, and the other man said he wanted to come into my house by force to search—both of them said that; and they both insulted and illtreated me—I refused to let them come in, and a police-man came and sent the men away—they used bad language to me—I received this letter—the prosecutrix told me to open any letters that came for her, and I took it to Brixton for her; and then to the Elephant and Castle—the prisoner came to my house 12 times and at all times.
Cross-examined. You have been to my house at. two o'clock in the morning; I can produce witnesses to prove it—you abused me and threatened to treat my house to a bomb.
GEORGE SEABRIGHT (Inspector C). On March 15th, about 3.45 p.m., I saw the prisoner in Arthur Street, Chelsea—I was in plain clothes—I spoke to him—he did not understand, and I called a constable who can speak French, who translated—the prisoner had a telegram on him asking him to call at 109, Arthur Street, at four o'clock that day—(Read) "I shall arrive at 109, Arthur Street, Chelsea; come there at four"—that was sent to him so that we could arrest him—we did not know where he was.
EDWARD HOBBS (374 C). I speak French—Seabright called me on March 15th—I told the prisones in French that he would be arrested for living on the immoral earnings of Marie Bougartz—he said, "It is not true"—he said he lived with her for ten years, and had 10,000 francs when he first joined her; that he left her in September and went to Ostend; that he had worked there till February, when he returned to London; and has been living with a friend—at the station I said he would be charged with demanding money with menaces—he made no reply to that.
Cross-examined. The certificate from your employers at Ostend they had I at the Court.
The Prisoners statement before the Magistrate: "I do not wish to say anything, but if you will let me go I will not trouble her again. I ask her pardon."
MAURICE TEISSEDRE (The prisoner). The prosecutrix came to Ostend, and when she left she owed seven francs to the landlord; she said she would send it, but as she did not, I paid it for her—I waited till March 12th, and then, not seeing her, I sent tho letter—as to the money and things. I make ber a present of them.
GUILTY .— To enter into recognizances.
GUILTY .— Three Years' Penal Servitude.
MR. SHERWOOD Prosecuted, and MR. HUTTON Defended.
AMY SATCHELL . I am the wife of Frederick William Satchell, land-lord of the Apollo public-house, at the corner of East Street and Paddington Street, Marylebone—the prisoner and a man named Haynes were in the bar on Easter Monday afternoon—the deceased and his brother George White came in—they began to jangle, and I went round and told White and his brother to leave the house—they went into another bar—I told them to leave that—James was making the most noise—the two Whites went out—I said to the others that I was surprised that Haynes, with a horse and cab, should want to quarrel—none of them appeared the worse for drink.
Cross-examined. I knew the deceased; he had used the house for years—he was not a quarrelsome man—he started it first on this day—I did not hear the prisoner say, "It is holiday time; do not let there be any rowing."
ALEXANDER JOYCE . I live at 44, Paddington Street, nearly opposite the Apollo—I was looking out at my window on Easter Monday, about 6.10—I saw the prisoner and Haynes outside, and White and his brother—I only knew the Whites then—they all crossed East Street, and at the opposite corner I saw the deceased strike the prisoner on the face with his right hand, and knock him down—they were all arguing—that was the first blow struck—Haynes and deceased fought in the road—Haynes fell to the ground from a blow given by the deceased, who stood over him waiting for him to get up—Kingham came up and dealt the deceased a swinging right hand blow which knocked him down—he came from the opposite side of the street—the deceased was looking down at Haynes on the ground; the prisoner came up to deceased sideways—I cannot swear where he hit him, but when I got down to the street I found he had a cut over his right eye—he struck his head on the stone crossing—I arrested Haynes—Kingham was not there then—I took the deceased to the hospital—he was unconscious; he was assisted into a cab—there was a
little blood from the back of his head, but more from the wound over his forehead.
Cross-examined. I think it was the blow against the kerb which caused the man's death—I have known White about ten years—I have never been in his company—my room is on the third floor—the men were just opposite—it was daylight—White was not in a fighting position when he was standing over Haynes—I did not hear any shouting.
Re-examined. The other man Butt was with the prisoner and Haynes—the two Whites were by themselves—George White was quarrelling with Butt when the deceased was knocked down—Butt and the prisoner went away—Haynes was drunk—he was standing up when I got down.
WILLIAM WALKER . I am 12 years old, and live at 66, East Street—I saw this quarrel on Easter Monday afternoon—I was at the corner of East Street and Paddington Street—I did not see the five men come out of the Apollo—I did not see Haynes struck, I saw him on the ground—I saw White run at Haynes as if he was going to strike him—the prisoner came across the road, and gave White a swinging blow on his face with his right hand—the deceased was standing as if he was going to strike Haynes—White fell to the ground.
Cross-examined. I did not see White strike Haynes—I do not know if the deceased's fists were clenched.
WILLIAM BROUGHTON . I am a stableman, of 47, Lisson Street, Marylobone—on Easter Monday I saw this quarrel; I saw the five men—I know the Whites, but not Butt—I was about ten yards away—I saw them all fighting—Kingham crossed the road, and struck the deceased with his right hand he went up the road—I followed him and took hold of his arm—I said, "Come back"—he said, "Leave go, or I will set about you—I went back and helped the deceased into a cab—Kingham came up at the back of the deceased, who was standing over Haynes.
Cross-examined. The deceased had his fists clenched, and was standing over his man—as the prisoner crossed the road the deceased turned his head just as the blow was delivered.
Re-examined. Haynes is about thirty—the deceased was about fifty.
GEORGE WHITE . I live at Dorset Mews—I am the deceaseds brother—he was about fifty-four years old—he was a carman and contractor—I was in his company on Easter Bank Holiday—I did not see the below struck—I do not know how many men were there—I picked my brother up and took him to the hospital.
FREDERICK COOKSON . I was Resident Medical Officer at the Middle-sex Hospital when the deceased was brought in on Easter Bank Holiday about 6.30—he died in about twenty minutes from compression of the brain, brought on by a blow—I made a post-mortem examination, and found that the base of the skull was fractured—there was a cut over the right eyebrow—all the organs wore healthy, and he was a strong, muscular man.
Cross-examined. The blow was over the right eye—he could not have been struck from behind; he must have been struck from the side—he must have fallen on something hard—the blow in front had nothing to do with the death.
Witnesses for the Defence.
ALFRED KINGHAM (The prisoner). I live at 113, Portman Buildings, Lisson Grove—I am a a plumbers' mate—about 3.30 on Easter Monday I went into the Apollo public-house—I saw Haynes there—he is a friend of mine—White and his brother were there—there was a dispute—I said, "Don't let us have any rows; it is holiday time"—one of them pushed me back into a seat—they were ordered out—Haynes and I remained behind for five or six minutes; then we went outside—I was saying good-bye to Haynes, when somebody came and struck me in the face and knocked me down—when I got up I saw Haynes down in the road—I went over to assist him up, and White put his hands up in a fighting attitude and came towards me—I put my hands up to defend myself, and the deceased fell; I must have struck him—I am 21—I have never been in any trouble or fight before.
Cross-examined. I had never seen the deceased before—the rowing began between Haynes and White—I did not expect to see White outside—I did not see James White strike any blows—I dispute that I struck the deceased a very violent blow—I was very excited and dazed—I had been drinking, but I knew perfectly well what I was doing—I walked away after it; Broughton caught me up.
Re-examined. I was arrested at my house, where the police found me.
LOUIS HAYNES . I am a cabdriver, of 20, Northampton Street, Clerkenwell—I remember going into the Apollo on this day; the prisoner was there—the Whites came in—we stayed a few minutes after they went out—we went outside, and as I was getting on to my cab the deceased rushed round the corner and dealt Kingham a blow, which knocked him down—he fell on the top of him and kept on hitting him—I said, "Let him get up;" and the deceased said, "I will serve you b—well the same"—he came for me, and started going backwards—I saw two men, and one of them struck me a blow which knocked me down—when I got up I saw the deceased on the ground.
Cross-examined. The deceased did not strike me; I think it was James White—I was on the ground when the deceased was struck by Kingham—I saw Butt in the public-house; he was not one of our party.
NOT GUILTY .
NEW COURT.—Wednesday, April 12th, 1899.
Before Mr. Recorder.
300. LOUIS SILBERSTON PLEADED GUILTY to unlawfully offering gifts to a receiver of stores to induce him to place into store certain police helmets. He received an excellent character.— Judgment respited.
MR. RANDOLPH Prosecuted, and MR. PURCELL Defended.
pork—these boxes (Produced) all bear the name of Nelson and Morris—that is the name of the firm in America—we have white and buff sale notes—when meat is sold, the salesman writes on the note what the man buys and puts the price per stone as agreed, and the purchaser's name on the note and counterfoil, and the meat is taken to the scalesman who weighs it and places the weight in the first column—it is then handed to a clerk who reckons the amount and enters it in a book, and the sale note is filed—the process is the same both with credit and cash customers—I tally up the books at night—prior to January we found considerable loss at the end of the day, and on January 13th we were two top pieces short, worth £5 each, and two boxes of pork £1 each—we had not sold to Ward, Stewart, or Higley that day—on January 13th we had a porter named Higley, known as Soldier—he has absconded—his duty was to lift the meat or do anything he was required—he had no authority to sell meat or to buy on his own account—the salesmen are dressed differently to the porters—on January 20th eight boxes of pork were short—we did not sell to Cassen, Ward, Stewart, or Higley that day.
Cross-examined. The practice is to enter the particulars in the day book from the sale note; this is it (Produced)—a similar form of sale note was in use last year, but this special form since December 30th—R.M stands for "ready money"—there are fourteen R.M.—those do not give the purchaser's name—the sale notes would not be marked R.M., nor would they have any name—this is not a sale note it is a ticket on which the clerk puts the customer's name—you might buy meat and have a ticket for it, but unless you pay the money it would not be sent to you—these (Produced) are the sale notes of January I3th—this "Sold to R. M., £4 6s. 6d.," is beef—I do not find the names of Higley, Stewart, or Ward in the books—I have made inquiries, and they did not buy on January 13th—there are no ready-money tickets for the two top pieces—this is the pork book (Produced)—in a cash transaction the cashier would require the cash at the time—I have seen the tickets found on the prisoner when he was arrested—the pork all comes from Morris's in boxes like this—they sometimes contain 4, sometimes 5,. and sometimes 6 loins of pork—we sometimes find one short—they would not be turned out; they would be counted as they were entered—I know many hundreds of our ready-money customers—I do not know that the prisoner has been a regular customer—people sometimes combine together to get a larger quantity at a lower price; but you very seldom find three stall-keepers without some amount of competition, and they do not combine—they are generally all there together—there would be an advantage in one man buying a triple quantity.
Re-examined. I have no doubt whatever that we were two top pieces short that day—four boxes of pork could not honestly have been taken, out of the shop without my knowing it, and some record of it—this ticket is the customer's receipt—we are still short.
WILLIAM GEORGE BELSON . I am a porter at the Central Meat Market, and am known as Sunlight—I go about the market carrying meat—I. know Oliver, commonly called Soldier—he came out of Mr. Morris's shop with his smock on on January 13th, and in consequence of what he said
I went in, and he gave me 2 top pieces, which I took, in consequence of what he said, to Hall, jun., the carrier, and later on, about 10 o'clock, the prisoner came to me and said, "There are 2 boxes of pork at Morris's," and told me to take them to Hall, the carrier, and a little afterwards Soldier told me to take 2 more boxes—I went into Morris's shop, and took them, and Soldier told me to take them to the carrier—on January 20th Soldier came out and spoke to me on the rank, which is about the length and a-half of this Court from the shop—I went in and got eight boxes of pork from Soldier and another man named Maddock, and gave them to Mr. Hall, the father, two at a time—the prisoner paid me, but I cannot remember how much—I was never paid on the same day.
Cross-examined. My attention was first called to this a day or two before I gave evidence before the Magistrate on February 16th—I am employed in the market by anybody who wants meat carried, and have from two to six jobs a day, and sometimes a dozen on Fridays—I also took a top piece to Whiting the carrier on the Thursday in the next week, for which Jones has been charged, I remembered the boxes of pork when the market constable spoke to me I told him about the pork as well as the beef—I did not mention the pork before the Magistrate on January 16th, but I did on the next examination—I keep no book—I have been taking things to the carrier's cart for the prisoner for some months—I saw him several times a week in the market—I know Higley and Ward—I have seen them in the market with the prisoner.
Re-examined. Soldier asked me to take the meat on the Thursday, and the result of that is that Jones has been sentenced.
WILLIAM HALL . Junr. I assist my father, a meat-carrier, of Daintry Street, Hackney—on January 13th Belson brought me a top piece in the market and afterwards another, and I put them on my pony cart, and before I went away he gave me 2 boxes of pork—I met the prisoner in Barbican—he said, "What have you got for me?"—I said, "Two boxes of pork and two top sides"—he said, "Go on; get down there"—I had directions from Belson where to go—the prisoner gave me a cloth, and said, "Cover this over the meat when you get down there"—I threw it on the cart, but not over the meat, and then went to the prisoner's stall—he was not there; but 2 men whom I did not know opened the cart, and put the meat on the stall—I gave them the cloth and told them to cover it over the meat, because they were my instructions—I got a job further Along, and came back past the prisoner's stall, and he gave me 3d., but said nothing—later in the day I delivered 2 boxes of pork at the prisoner's stall; and on the 20th I received 2 boxes of pork from Belson and took them to the prisoner's stall and gob my coffee money from him; And on the same day I received 4 boxes, which I took to the prisoner's house, because the stall was not there at that time of night; Mrs. Cassin took them in—I received 2s. from the prisoner; my father told me to ask for it—beef is covered with a cloth to separate it; but it is usual to cover it up on a stall unless the owner is there; it is not allowed to be seen, to prevent anybody stealing any.
Cross-examined. Covering it up would keep dust and rain off—I had it open in my cart from the Meat Market to Bethnal Green—I made the first journey about 10 o'clock, and got the two boxes about 12
o'clock—I did not receive them both between 9 and 10—I received the first lot on Friday at 9, and the second lot a little after 1—it is not correct to say that I received the whole 8 boxes at one delivery—I have been taking meat to Cassen since January—I had from 2 to 4 journeys a day to different customers—I remember January 4th by my father's books—it was between February 16th and 23rd that I spoke to the market constable about the pork—I had not looked at the books then, I was relying on my memory—I said before the Magistrate the second time that I had examined my father's books—on Saturday night I wrote out my father's bills—I had not looked at them to find out the 18th and 20th of January, but I looked at them to make sure—this is the entry of the 13th, and here is the entry of the second lot, 2 boxes of pork delivered on January 13th,—the 2 top-pieces and boxes are on one line because we put them down together—this is the entry of January 20th—I know Ward and Higley—Higley has a stall in Bethnal Green also, I have seen them in the market with Cassen, and took meat for them once—I took Ward's goods to the same room.
Re-examined. I do not say that the things were given to me just before I started, I make my journey when I have got enough—Cassen's stall is not a big one, a top side would be seen there.
WM. HALL . I am a meat-carrier of 4, Daintre Street, Victoria Park—I find in my book an entry of 2 boxes of pork on January 13th, and 2 on February 2nd—Cassen and Son settled with me for that; he paid 2s., but he borrowed it—on January 20th I find 2 entries "Jack, 2 boxes pork" and "Jack, 4 boxes pork"—the prisoner settled for that, he gave me 1s. 6d.—I saw him every morning—I told him Mr. Mears would like to see him about 2 top-pieces—I saw Mr. Mears, it might have been a day or two afterwards; he said nothing.
Cross-examined. I have seen Higley and Ward in the market with Cassen; they used to do business together—they all three had stalls at the east end of London—I have been taking meat to Cassin for four or five months occasionally—there are other porters in the market—I have left meat at Cassen's, and gone on to Higley or Ward if they have been over-loaded.
By the COURT. They have got their own barrow, and take away their own meat sometimes; if they cannot they employ me.
EBENEZER MEARS . I am head-constable of the Central Meat Market—I have had the conduct of this inquiry—I first saw Hall on February 1st. and he made a statement—on February 16th I saw Cassen in my office, and said, "A man named Jones, in Pentonville Prison, sent for me and made a statement that 2 top pieces were taken by a man named Belson, who took them to a carman named Hall, and forwarded them to your place; what you say I shall take down in writing"—he said, "I recollect a man called Soldier asking me to buy two top pieces, he said he had bought them of a man, and that they were thrown on his hands. I bought them for £3 8s., and Soldier sent a porter in for them, and sent them on to me. I received the top pieces by Hall, the carrier, I gave Soldier 2s. 3d. per stone. A friend of mine named Ward brought one of the top pieces, he knew where I got
the meat from. I have never bought anything from Morris's unless I received a ticket for it. I have not heard there is a warrant out against Soldier, nor have I heard he has absconded to America. I did not buy any boxes of pork from Morris on January 13th last. I had 4 boxes of pork, but not from Morris; they were brought by Hall, the carrier; Ward had 2 boxes, and I had 2 boxes. Mine were taken to my house. Ward took his away. I received 8 boxes of pork on January 20th last; they were brought to my house by Hall, the carrier. A man named Higley bought them, and wo divided them afterwards between us. Higley had 3 boxes; I had 2 boxes; Ward had 2 boxes; J. Stewart had 1 box. I paid Higley for mine. I sent the old man who works for me with Higley's boxes on Saturday morning. A stout fellow I know, named Peck, took Ward's and Stewart's. I did not receive any other boxes that day. I received 4 boxes of pork on the following Tuesday, January 24th. Hall, the carrier, took them down. All these boxes of pork were brought to me by a porter known as Sunlight. I think Ward brought them from Jennings. I did not buy them. These were delivered to my stall; I had 2 of them, and Ward had 2 boxes. Ward's boxes were taken by a man named Peck on a barrow. I received no boxes of pork from Morris on the 13th, nor the 20th, nor the 23rd, nor the 24th of January, 1899. Ward paid me for the boxes at my stall"—I did not ask him to sign that—Bird and I took him to the station.
Cross-examined. I know him very well as a customer in the market—I have seen Higley and Ward outside here—I recognise them both—I cannot say that I have seen them with Cassen—I have seen them often in the market—he answered my questions perfectly candidly.
Re-examined. His wages were about 35s. a week—it would be right for one of our porters to purchase top pieces.
A B. SPENCER (Re-examined). This book relates to every alternate day—" 2 p." and "1 p." means pigs—I have found a ticket of December 21st for kidneys, in the name of Higley, £2 2s.
Evidence for the Defence.
JOHN CASSEN (The prisoner). I am 29 years of ago—I was with Mr. Grove, a butcher, 10 years; and 4 years at another place—about 3 years ago I lefthome and started in business for myself at a permanent stall in Bethnal Green Road—that is a stall permitted by the police; it is taken in at night—no one else is permitted to use it—I do not pay for the permission—I have bought meat of Mr. Mears two or three times a week, and some of his tickets were found on me—I do not always keep them—I have never had any other document—I had no particular reasons for keeping these three tickets—(Dated November and December 31st, 1898, and January 28th, 1899)—I buy where it is cheapest, and am not a regular customer of any salesman—on February 16th the market constable called on me to give an explanation of these 2 top pieces of beef—I got them from Oliver—I was buying some mutton on the Friday morning, and he came up and asked me if I had bought any beef—I said, "No"—he said that a friend of his had, asked him to buy some, and they would come to £3 8s.—I agreed to take them from him—they were outside Burton's shop—he showed me a ticket of the weight and price, which is lost—I asked him to get a porter, and
take it to Hall—I saw it in young Hall's possession, and told him to cover it to keep the dust from it—I keep no books of my purchases—Highley and Ward keep stalls in Bethnal Green Road, and I buy stock for the three—I get it cheaper; it is sent home in my name, and I share it out with them—I buy nearly every Friday—on February 16th I had more memory than I have now of what pork I bought on January 13th—either of us bought the pork on Fridays; Hall does not always deliver it; we either took it ourselves, or he takes it for us—I have never bought or received pork from Oliver—I do not remember the date when Hall delivered pork—I have sent it to my house more than once—I remember 4 boxes at one time, but I cannot remember who brought it—I close my stall at 2 p.m., and if Hall did not find me at my stall he would take the meat to my house—that occurs about twice a month—I buy 8 or 10 boxes at & time—I cannot remember any date when I bought 8 boxes—there are 4 loins in a box—I bought 4 boxes last Friday, and 6 boxes the Friday before between me and Ward—the price of a box is about 15s.
Cross-examined. I do not deny that the 2 top pieces were delivered to me on January 13th by Hall—I knew that Oliver was in Morris's employ—he had his smock on—I know what these fellows get a week, and I think they could pay £3 8s. for top sides on the chance of getting rid of it—somebody else might have bought it—Ihave also bought kidneys there—they never weigh the boxes of pork, but if I buy a top side it would be weighed—Oliver showed me the ticket—Morris's name was on it—I did not go to Morris for them—it did not strike me as odd that he should be buying £3 or £1 worth of his master's stuff—I paid him 2s. 3d. a stone—I paid the money without seeing it or knowing the weight of what I paid for—I asked Oliver to get a porter, and take it to Hall—I had my own van there that day—Higley told me that Morris wanted to see me—he said, "There is some bother about the top side"—I bought no more from Morris, on January 13th—I said that I had 4 boxes of pork, but I did not know where they came from—I bought no pork at Morris's that day—no pork came home with the beef—I have said, "I had 4 boxes of pork, but not from Morris"—I bought that at Jennings, and they were brought by Hall—I noticed that those boxes were marked "Nelson & Morris"—I have got 8 boxes of pork booked on January 20th—Higley bought them at Morris's—we were all together if that was the day—he paid the clerk for them—two top-pieces is a large lot to get rid of—I have been at Morris's lots of times—I only produce three tickets; I always throw them away—I do not know Jones.
Re-examined. Oliver showed me the ticket with the weight on it—I know him by the name of Soldier—I did not know his name was Oliver till this case commenced—I sold one top side to Ward, and the other at my stall.
WILLIAM WARD . I am a butcher, and have a stall in Bethnal Green Road—I know Mr. Higley, who also has a stall there—he is not here; he was here last Session and on Monday last—he and I and Cassen arranged to make our purchases together—all of us make purchases, because when we buy a lot we can buy cheaper—Cassen bought 2 top pieces of beef, and I bought 1 of him and paid him 2s. 3d. a stone for it—I
cannot say on what day it was, but it was a Friday about 8.30 a.m.—that is not the only occasion when I have taken top pieces from him—this was about the beginning of January—I saw it in the truck before I bought it, and Cassen sent it from his stall to my stall on a barrow—one of us three always buys pork on Fridays for Saturdays—I sometimes buy 5 boxes and sometimes 10, and it is sent from the market in Cassen's name and to his stall because it is more convenient—I cannot put it in the yard—it is sent to one place to make one job of it, as he has got a house, and I have only got a room, and then it comes to my stall—when I buy meat on my own account I send it to Cassen's house—the business hours at my stall are from 10 to 9.30, and on Saturday 1 to 12—I close on week days at 1 o'clock—I recollect having some boxes of pork on the day I bought the beef—I do not recollect who bought it—it would be sent to Cassen's place—I believe one of us three bought pork every day, and it was always sent to Cassen's by Hall, the carrier—I have bought at Morris's—they say "How many?" I say "Ten," and they give me a ticket of what it comes to—there is no name on the ticket—I have a ticket here of some which I bought the day before Good Friday, "18s. 2 1/2 d. and £1 19s. 7d."—I keep no books; I rely on my memory.
Cross-examined. I bought this top side of him before I left the market—Hall has often taken things for me—he dropped one at my house and one at Cassen's, because Cassen bought the two, and weighed mine and sent it down—I cannot weigh at my place—everybody who deals with Morris knows these buff sale-notes perfectly well—I know Stewart; he bought these, but I produce them to show that I could get ready money—I have got some more tickets in my pocket, but not Morris's—I paid ready money to Stewart for 3 boxes—I sometimes bought of Higley, and sometimes for him—he got into a little trouble last August about a sheep, and I believe he went out of sight about it for twenty-one days.
The prisoner received a good character.
GUILTY .— Eight Months' Hard Labour.
THIRD COURT.—Wednesday, April 12th, 1899.
Before Mr. Common Serjeant.
MR. KERSHAW Prosecuted. EDWARD JOSEPH BLACK. I live at No. 50, Dellow Buildings, Shadwell—on March 15th, about 12.30 a.m., I was in the passage going to my house—before then I had been in the Lord Lovat public-house, and while going from there to the passage, three people followed me, the prisoner being one—I had seen him in the public-house, and he followed me out—when I got to the front door, they shut the gate, and on my going up the steps the prisoner threw a handkerchief round my neck, and the other two pulled me on to my back, and went through my pockets—I had 15s. 1 1/2 d., and they took every penny—they then ran away—when I could get my voice again I sang out "Police!" as hard as
I could—a policeman came 5 or 10 minutes afterwards, and I complained to him—I next saw the prisoner about 5.30 p.m. on the same day, in Cable Street—I saw a constable coming along, and told him that the man on the other side of the way was the man I wanted—I charged the prisoner with throwing the handkerchief round my neck—he said that I had made a mistake, and that he had never seen me before in his life—he was taken in custody—I saw him first in the Lord Lovat public-house—he had been sitting behind me in the bar, but I cannot say how long he had been there—he was there when I went in—I was in the public-house about an hour and a half, and about 10 minutes in the bar in which the prisoner was—I do not know if he was in the room where I had been playing at draughts—I saw him coming out of the public-house—I saw his face—we all left together, and it being closing time, we said good-night to each other—it is about 6 doors from my passage—there, is a light in the passage, but it goes out at 11 o'clock, except on Saturday nights, when it is put out at 12—there was no light when the occurrence took place, but there was a lamp on the opposite side of the road, by the light of which I saw the prisoner—I have no doubt he is the man—I had never seen him before that night.
Cross-examined by the Prisoner. When I saw you at the station I recognised you by your face, and nothing else—I do not know what sort of clothes you were wearing on that night—I did not say at the station that you were wearing a brown suit—I never played draughts with you in the public-house—you were behind me.
CHARLES WALKER (74 H). I was in Cable Street on March 15th about 5.30 p.m.—the last witness pointed out the prisoner to me standing outside the Highlander beerhouse—in consequence of what the prosecutor said to me I went up to the prisoner, and told him I should take him into custody—I told him the prosecutor was going to charge him with robbing him early the same morning, by putting a handkerchief round his neck and nearly choking him—he said, "You have made a mistake; I never saw him before"—I then took him to the station—while there he said, "I saw him at the Lord Lovat playing at draughts and changing half a sovereign, but I did not follow him."
Evidence for the Defence.
WILLIAM WALKER (The prisoner). I am a labourer, of 43, Market Street, Shadwell—about 10 p.m. on March 15th I went into the Lord Lovat—I was playing at draughts—the prosecutor and some more men came in and joined in the game—the prosecutor seemed to have had too much to drink, but he was served in the taproom—I finished the game, and came out at 12.10 by the publican's clock, which was 5 minutes fast—I came out alone, and I was in my house at 12.15, which is about 500 yards from the public-house—I then went to bed.
Cross-examined. I was playing at draughts with the prosecutor til 12 o'clock—it is not true that I told the constable that I had never seen the prosecutor in my life before—the policeman is untrue if he says that—I had seen the prosecutor, and I remembered him quite well—he came up to me in Cable Street when the constable was taking me into custody, and said, "You are the man who robbed me"—I said, "I never seed you."
By the COURT. I wish the Jury to understand that when I first saw the prosecutor in Cable Street, when he charged me with being the man who robbed him, I did not recognise him as the man who played at draughts with me—I first recognised him as that man when I got to the station—I did not recognise him first of all—I am married—my wife is here—I got into my house with a latchkey—there are other people living in the house.
E. J. BLACK (Re-examined). "When the assault took place, I was not the worse for drink—I did not leave my work till 11 p.m.—I had had one pint of ale before I got to the public-house, and played my game in a share for a pot—I am a stevedore—I changed a half-sovereign in the public-house—all four of us played at draughts, he came in for that purpose—I never mentioned draughts at all—a policeman came up that night when I called "Police!" about 10 minutes to 1, I think—he is not here—I do not know his number—it was in the dark.
By the Prisoner. The policeman did not tell me I was drunk.
ANNIE WALKER . I am the prisoner's wife—on Wednesday, March 15th, my husband came home about 12.15 a.m.—I was up in the sitting-room—I have a clock in the house—he had his supper, and went to bed—he sent me out for a pint of ale for him—I bought it at the Duke of Kent—they were still open—he got into the house with a key.
Cross-examined. The landlady was in the house when he came in, but I cannot say whether she had gone to bed—we occupy one room upstairs by ourselves—we have no family—I do not remember what time my husband came back the night before—I remember this particular night, because ho had said, if I was tired, I was to go to bed—I was not tired—I leave off work at 6.30 p.m., and get home at 7 o'clock—I had been indoors all the evening—I had not been with my husband all the evening—I did not give evidence at the Police-court—I went to the Police-station, but not the Court—I was at work when my husband was charged—I had been to the London Hospital, and went down to inquire at the station about him—I went up to hear the charge before the Magistrate, and I heard the evidence there—I did not give evidence.
NOT GUILTY .
MR. MUIR and MR. LEYCESTER Prosecuted, and MR. C. F. GILL, Q C, and MR. HUTTON Defended.
GEORGE INGLIS BOYLE . I am an official of the Bankruptcy Court, and produce a file of the proceedings in the case of Lewis Solomons—the petition was filed on November 15th, 1898, and the receiving order on the 24th; the adjudication on December 15th; the public examination was closed January 17th, 1899; the order to prosecute was on March 6th—the defendant consented to an immediate receiving order upon the petition being filed—I produce the public examination—(Reading): "At the private meeting of your creditors held on October 12th, 1898, there was a rough statement (reading to the words) £3,500 assets? A. Yes. Q. Was an offer made on your behalf of a composition of 6s. 8d. in the £? A. Yes."
Cross-examined by MR. GILL. There is upon the file the appointment of Mr. Stephen Pagden Child as trustee by the Board of Trade on December
17th, 1898—the defendant consented to an immediate receiving order, and the petition was to have been heard on December 18th—the debtor was examined by the Official Receiver at the public examination on January 17th at considerable length; about 64 sheets of transcript—there is upon the examination a statement that the offer was accepted by all the creditors except two—of those two creditors, neither for a large amount, one wanted 10s. in the pound, and the other his debt paid in full—there is no private examination of the debtor—the preliminary examination was held by the Official Receiver, and it is on the file—I produce all the proceedings, and there is no private examination there—the. Order to prosecute was made on the report of the trustee.
ARTHUR HAYNES . I am cashier to Jay's, Limited, who are the propraetors of the International Fur Stores, 163, Regent Street—I know the defendant both as a buyer from our firm and a seller to it—I produce an invoice delivered to the firm from him, in his own handwriting—the prices were 45s. and 70s., and the total, £1,286 10s.—I produce a statement of account made up in part upon the basis of that invoice, showing the total sum, after deducting contra account and discounts due to the defendant, £1,217 17s. 6d.—that is receipted by him under date August 24th, 1898—a crossed cheque was paid to him in settlement of. that account—the cheque was afterwards opened at his request—the endorsement upon it is in the defendant's writing.
CONRAD MONTAGUE WALROND . I am second cashier to Messrs. Williams, Deacon, and Manchester and Salford Bank, Ltd., Charing Cross—Jay's, Ltd., are customers of ours—I cashed this cheque in notes and gold on August 25th—I cannot say for certain now whether I handed the money to the defendant.
FRANK HILLS . I am second cashier at the London, City, and Midland Bank, Ltd, Aldgate—the defendant is a customer there—the paying in book produced was issued to the defendant—the paying in slip produced represents a payment into the bank of notes, gold, and silver, £788 6s.—it was paid to me—the details are not filled in on the counterfoil as it now stands—the details have been erased—the word, "International," was not, I think, upon the counterfoil when I initialled it—looking at the cash-book produced, folio 18, I find on August 24th, 1898, "International" £788 6s. in the prisoner's writing, I think—in the ledger I find on page 82, under date 24-8-98, in the account of the International Fur Stores, the entry of the cheque for £788 6s.; and on the other side of the same account an entry of skins or goods, £839 12s.—it is not the same date—the date of "goods" is August 22nd—the "goods" is in ticks and figures, and the word "cheque" on the other side is hardly sufficient to go upon—in the press copy-book, page 131, there is what purports to be a copy of an invoice of skins amounting to £839 12s., dated August 22nd, to the International Fur Stores, in the defendant's writing, I should say.
Cross-examined. The defendant has banked at the City and Midland Bank for the last 20 years, having a very considerable account—he was very well known at the bank—I should say that the word "International" on the paying in slip was written afterwards—the payment in bank notes, gold, and silver has been scratched out.
HENRY S. BERRY —I am an examiner for the Official Receiver at the Bankruptcy Court—the books which have been produced were handed to me in my capacity as examiner in the defendant's bankruptcy—it was not possible from an examination of those or any other books produced by the defendant to know the true amount of the cheque received from the International Far Stores—the books show the entry of £788 6s.; it runs, through them all—there is no trace in any of the books of what became of the £466 odd.
Cross-examined. I was not called at the Mansion House in this case, I came into it within the last day or two—the prosecution was not the result of any action of the Official Receiver—there was no private examination of the debtor except in Chambers, in answer to the printed questions—to my knowledge there was no examination in private sitting under section 27—the Official Receiver or somebody representing him was always present at the public examination, and took part in it—I asked the defendant at the examination for an explanation of this matter—this was at his examination on his statement of affairs, when the books were produced—I went through his books generally with him, and this item particularly—it was a large item, and it was necessary for me to inquire into it.
Re-examined. In explanation of this item of £783 6s., he said it was an ordinary transaction—I asked him if he had done business with them—he said, "Yes, for some time"—I said, "Is it an ordinary business transaction?"—he said, "Yes"—I asked for the invoice—I then traced the amount in the cash-book, £788 6s.—in the bank slip he accounted for the money—I was therefore satisfied.
By the COURT. I am an examiner, an accountant, and have a knowledge of books—I was satisfied that that was a true account of the state of his affairs.
THOMAS ABBOTT (City Police Detective Inspector). I arrested the prisoner on March 14th on a warrant—I read it to him, and he made noanswer—he was searched, and among the documents found upon him there was this piece of paper—it shows the true figures in one column, and the false figures in the other.
Cross-examined. He was arrested in the Court of Bankruptcy.
Evidence for thee Defence.
LEWIS SOLOMONS (The prisoner)—I have carried on business in the City of London more than 27 years—since 1874 I have carried on the business of a fur and skin merchant; purchasing wholesale, and selling to the manufacturers—I have banked at the Aldgate branch of the City and Midland Bank for over 20 years, and during that time I have done a large business—during the last 12 or 13 years I have made bad debts to the extent of £19,600—during the last 2 years I have lost in bad debts more than £4,000—I have to buy for cash and to give long credit—in 1897-8 I was in money difficulties—I knew a Mr. Loftie, who was employed at the International Fur Stores, perhaps for 12 to 15 years—I met him in the way of business—he was manager of a fur factory, and passed the goods sent in—in June, 1898, I borrowed £100 from him—the cheque produced is the one he gave me for that amount—subsequently, in August, I borrowed from him a further sum of £400; the cheque for that is produced
on his banking account—I promised the money in a fortnight—he and his wife had stayed at my house, owing to illness in his family—there was diphtheria in his house, and he lost a child—he was ordered out of his house by the doctor while the drains were being put in order—that was in March, 1897—I did not desire that my borrowing from him should be known—I was anxious to keep the fact from my people, the clerk and others who had access to my books—I paid the money back to Mr. Loftie when I received the cheque from the International Stores—I took the money up to him, and he said, "lam in business, and cannot carry this money about with me"—I had asked for the cheque instead of paying the amount into my account—after I had cashed the cheque, I paid into Mr. Loftie's account the sum of £500, and thanked him, giving him the receipt—I then entered the transaction in the way that has been described—at that time, July and August, my business was going on; in September or the beginning of October I was in difficulties owing to two heavy stoppages—I was sent by my solicitor to Mr. Child, the trustee in this case, who had known me for some time—a statement of my affairs was prepared, there was a meeting of my creditors on October 10th, and a proposal made by my solicitor to pay 6s. 8d. in the £ was accepted by all the creditors except two—one wanted 10s. in the £, and the other the full amount, but I could not do it—by advice, a petition was filed, and I consented at once to an adjudication—I did not benefit in any way whatever to the extent of a single shilling by this transaction.
Cross-examined. The stoppages between August 22nd and October 10th, which induced me to go to an accountant to offer a composition, were non-payments by a man named Gleitzmann, with whom I had a largo amount outstanding—I had not been signing accommodation bills with him, I had bought a large parcel of Thibet skins from him—at the time of my bankruptcy I had two so called accommodation bills running to which we were parties, drawn for the purpose of receiving the money to buy the skins and sell them within a month—the amount of my share of that debt would be about £300, but altogether I was interested with him to over £1,200—Gleitzmann stopped two days after me—it is a mis-understanding to say that there were two stoppages occurring between August 22nd and October 10th, which induced me to go to my accountant—I could not get the money from them—the other one was a man named Kaplin—Gleitzmann owed me money for goods I sold to him—I advanced him cash, and I could not get the money back—I befriended him—Kaplin did not stop, but I could not get the money from him, I had been trying for weeks, since July, in fact, and had failed to get it—he has not stopped to this day—the difference between my assets and liabilities mounted to £6,000—I could not get the money to pay my bills, being stopped like that—I wanted the money that I borrowed from Loftie—I do not know whether I paid either of the amounts into my business banking account—I might have paid some odd items in cash—I cashed both the cheques—it takes the bank about two days to clear them—I did not think there was any harm in cashing them—there is no trace in my business books of my having received the amount—on August 20th the paying in slip shows the payment in of £200, part of the money—I know it because on a Friday I took the money home, and knowing that I had
bills to pay on Saturday and Monday, a friend of mine came round to see me, and I asked him to pay in £200, and gave it to him, and he paid it in on the Saturday morning—£70 of that money went in to pay Mr. Loftie, and I paid in £500—this is the paying in slip of that £200—it appears on the face of it to be a payment to one Kosminski, who will prove that he had no money to give me—the persons in my insolvency would not have discovered in my books that I had borrowed this £500—I did not want anyone to discover it, it was my private business—my object was not to conceal the true-state of my affairs—I did not feel myself in an insolvent state when I borrowed the money—I did not know I was insolvent on August 22nd, when I borrowed the money and made a fictitious invoice, and made other alterations—I do not know if Mr. Loftie is a buyer to a certain extent, but he pusses the goods—Jay's did not know that I was having money transactions with their buyer—I am a seller of goods to their firm, and a buyer, too—I did not want anybody to know of these money transactions—of the £1,217 I got from them I paid back to Mr. Loftie £500—I did not credit the difference of £500, but £788 6s., because £70 came up from the other £200—I cannot remember if the whole of the money which I drew from Jay's bank, to the extent of £788 6s., went into my bank—I suppose it got mixed up; I cannot positively say; I have had a lot of worries since—I know I took the money from Jay's, and I paid £788 into the bank: I believe it was out of their moneys—I cannot remember who cashed the £50 note now produced—it may be that I did—it may be that I wrote the name that appears on the back, because I had to pay the man some money—it is not my name or my address—it is possible that that is one of the notes I got from Jay's.
Re-examined. The name is that of Mr. Fashner, 3, Edmund's Place—I had to pay him some money—he is a furrier, a manufacturer, with whom I have had business transactions for several years—I cashed the note my-self, having written the man's name on the back, because I had to pay him the money—Mr. Dadin is the director's buyer at the International Fur Stores—I have had one joint transaction with Gleitzmann, buying furs at a sale—I do not know whether Kaplin has ever paid up to the present time—I do not remember where 1 cashed the £50 note—I wrote the name of Fashner on the back, because I had to pay him some private moneys which I had borrowed from him—it certainly looks like my writing on the back; I should not like to swear it is not—I did not pay the money with the note, because it was a biggish note; besides, I only had to pay the man about £40—I might have paid him by a cheque on my bank, but as I had the money I paid it to him—the payments by one Gleitzmann appearing in the cash-book, £62 and another amount, were by his brother—Kaplin has not a brother, too; but his payments in August are only small items—perhaps he did not want to give me any more, or something of the kind.
Re-examined. It is well known in the trade that Gleitzmann has a brother, he lives at Hoxton Square—I have done business with him for 20 years—Kaplin paid £9 and £3, but I wanted from him some hundreds of pounds—there is proof that I repaid the £500 to Loftie which I borrowed from him; I made out the payingin slip to his bank myself.
MR. LOFTIE. I have known the prisoner some time—it is a fact that
I stayed at his house with my wife—he asked me for assistance last year and on June 17th I lent him£100—on August 17th I lent him a further sum of £400, which was to be repaid within a fortnight—I do not remember the date exactly, but it was repaid within 10 days or a week—it was paid into my bank—he called at my business place; I was busy; it was rather late in the day; I could not go to the bank myself, and I told him I should not like to carry £500 with me, and so he offered to go round and pay it into the bank—he did not pay me anything for the loan of the money—he promised me £5 for the loan of the £400, but I have received nothing.
Cross-examined. I have known him 12 to 15 years—I have been a buyer to Jay's for the last 7 years—he has been selling goods to them about 15 or 16 years—I have been there 17 years, and he has been selling goods to them through me for about 7 years—I should say that transactions are never carried through me beyond a certain amount, I report on them, and they are carried through by the directors—they tru t to ray reports, decidedly—the amount of the defendant's sales to Jay's have not very largely increased during the last few years—complaints have been made in a jocular way that nobody else could sell to Jay's except the defendant—my employers now know of my monetary transactions with him; they did not know before the matter was brought into Court—these are the only two transactions between me and him—I dare say there has been another, but I do not remember—I may have lent him money before, but I will not swear to it—I can explain my reasons for the borrowings and lendings between us, the seller and buyer to a large firm—I cannot say if he asked me for open cheques; he might have done so; he has been in the neighbourhood—I have no other banking account except that in the Hearts of Oak Building Society, Deposit Branch.
Re-examined. I lost a child 2 years ago from diphtheria—the sanitary authorities ordered the drains to be done up within a very short time—my wife was rather weak, she was near her confinement, and the doctor told me that I should have to go out of my house during the rebuilding of the drains—I tried to find some apartments, but my wife objected to going into them—being French, she could not speak English very well—she preferred to go home, but she could not do so—I went to several friends to see if they could oblige me, to give me shelter; but I did not succeed—the defendant called at my place of business, and I told him about my distress, and he then offered me a room in his house—he told me he had the painters there, he would have to communicate with his wife, and would send me a wire—I received that wire, and we were accepted and went there, staying during the rebuilding of the drains—when I left I asked him my indebtedness—he said, "Nothing"—I said if I could render him a service at any time I should be very pleased to do so—this letter (Produced) is one that I wrote after staying at his house.
CHARLES RICHARD TOWNLEY . I am employed at the Hearts of Oak Bank—Mr. Loftie has an account there—the two cheques (Produced) were cashed upon his account on the dates specified—the £500 representing the amount was paid into my bank on August 26th—the paying in slip is produced.
MR. LOFTIE (Re-examined). The defendant promised me 10 per cent. on the £100 first lent—I do not remember any period of repayment being agreed upon, but it was to be within a short time—decidedly I asked for repayment of the money after June 17th—he gave me an I O U—no time was mentioned—on August 17th I lent him £400, to be repaid in a fortnight—I told him it was a very large amount—I had not the amount; I had to borrow it from the bank.
GUILTY .— Judgment respited.
304. CLAUDE THEODORE JAMES VAUTIN (43) PLEADED GUILTY to having, within four months next before his bankruptcy, quitted England, taking with him the sum of £4,380, with intent to de-fraud his creditors; also, to obtaining £3,284 5s. by false pretences.
He received a good character.—Six Months' Imprisonment without Hard Labour.
MR. GEE Prosecuted, and MR. DRAKE Defended.
GUILTY .— Eighteen Months' Hard Labour.
OLD COURT.—Thursday, April 13th, 1899.
Before Mr. Justice Grantham.
MESSRS. C. MATHEWS and BODKIN Prosecuted, and MR. RANDOLPH
ALFRED ALBERT ASHWELL . I live at 30, Stanhope Street, Drury Lane, and am potman at the Grapes public-house in Sardinia Street—the prisoner is a frequenter of the Grapes—he is a Covent Garden porter—I had known Joseph Wootton 14 or 15 years—on Thursday, March 2nd, I was on duty at the Grapes—I saw the prisoner there between 7 and 8, with two other men—I do not know their names—I know the prisoner's brother; he was not one of the men—they stayed some little time, and then left—I saw the prisoner again about 10.30 with the deceased; they came into the public-house, and had two glasses of aleandapenny worth of tobacco, and the prisoner said he would leave 1d. behind the counter with my governor for a man that he would call in, and he went out and fetched in Peter Collins, who had his half-pint of ale, and then went out; he only stayed in the house about half a minute—I went out to the door—Holland and Wootton were still inside—they were in there about 10 or 15 minutes; they came out together—they went away together towards Sardinia Buildings—they seemed to be friendly enough; they had been drinking, but they were not drunk—I should say that Wootton was the worse—I did not see them again that evening.
Cross-examined. I think I last saw them at 10.45—they had had a drink; they were on good terms.
GUSTAVE DEMANNING . I am a photographer, of 326, Euston Road—I took these two photos of the back of Sardinia Buildings, each from different points of view—one is from immediately opposite the back of the building, and the other from the back of the yard.
ELIZABETH BOWMAN . I am the wife of Thomas Bowman, a labourer, and live in Room 85 on the fourth floor at Sardinia Buildings—on March 2nd I came home to my room about 11 o'clock—I had to pass the prisoner's door, No. 84—I heard two people quarrelling; it was very slight; I thought nothing of it—both were men's voices—I heard one call the other a b——d—that was the only word I heard—I passed on to my room and shut my door—I did not hear any more—my son William was at home on that night.
Cross-examined. I did not think very much of the matter.
WILLIAM BOWMAN . I am 14—I live with my mother in Room 85, Sardinia Buildings—on March 2nd I went upstairs with her; I left our room to get some water from the sink on the same floor; as I passed the door of Room 84 I heard quarrelling; I had heard it before when I passed with my mother—while I was at the sink I saw the prisoner come from Room 84 and go downstairs—I was still at the sink when he came back, about 5 or 10 minutes after—he went to his own room, 84—then I went back ito my room—as I passed his room then I did not hear anybody speaking inside—the prisoner had a short greenish coat on.
Cross-examined. Whilst the prisoner was away from his room the door was shut, and he closed it behind him when he came back.
RUTH ELLEN SERLE . I am the wife of Frank Serle—I was living at 3, Sardinia Place on March 3rd—the kitchen which we occupied joined Sardinia Buildings—this photograph correctly shows our kitchen window; it is the nearest window to Room 84—I was in that kitchen on March 3rd, about 12.30 a.m.—I heard sounds of quarrelling very close to my kitchen; they were men's voices; they went on for 2 or 3 minutes—I then went to wake up my husband, who had to go to his work—I do not think I returned to the kitchen again.
Cross-examined. I was in the kitchen 10 or 15 minutes—I am sure the voice was a male voice, but I am not sure that there was more than one voice.
CAROLINE FROOD . I live in Room 79, Sardinia Buildings, which is on the same floor as 84, on the opposite side of the corridor—I was sitting in my room on March 2nd, from 9 p.m., and about 12 o'clock I heard load voices—Mrs. Broad was with me, and I took my lamp to show her the way to her room—when I opened the door I heard that the voices came from Room 84—I lighted her to her room, 74—I heard a cry as if "I am bested;" the heart went out in the cry—I was just closing my door then—it was a sort of cry of despair—I said at the Police-court, "As though the heart went out with the cry"—there was silence then—I locked my door and went to bed—some time after I heard footsteps, which turned out to be the police.
Cross-examined. When I first heard the voices I thought they were in the corridor.
ANNIE RICH . I am the wife of Thomas Rich, 32, Sardinia Buildings—we live in a room on the ground floor—it looks out on the area—I was at home on the night of March 2nd—about 12.20 I was sitting in my room and heard a great thud, but did not know where it came from, I was so frightened—after a few minutes I heard a groan; it came from the back—I heard a second one after a few minutes—I looked out at the window; I did not open it—I could see nothing, but I heard two more heavy groans—I went out of my room to look for my husband—I met him coming into the house—we went back to our room and went to the window—he asked me for the lamp—he opened the window—we both looked out, and saw someone lying in the corner of the basement, on the left side of our window—there was another groan just before we opened the window—my husband went and called the deputy of the lodging-house, Mr. Hutton—afterwards the police came.
THOMAS RICH . I am a labourer, and the husband of the last witness, living at 32, Sardinia Buildings—on the early morning of March 3rd my wife met me at the door—I went back into our room with her—I heard a groan—I went to the window, opened it and looked out—my wife got the lamp; I heard a moan, and I saw something white, which I thought was a man—I shut the window, and went for Mr. Hutton, the caretaker—I took him to my room, and opened the window again, and showed him what I had seen—I saw the man picked up—he was dressed in a shirt only—he was afterwards taken to the hospital.
ANDREW HUTTON . I am manager at these buildings—I live in Room 23 on the ground floor—about 12.30 p.m., on March 3rd, Mr. Rich came and called me, and I went with him to his room, and by the light of his lamp held out of his window, I saw a man lying in the area, vomiting and moaning—he had only his shirt on—I sent for the police, and got the key of the basement from Mr. Hewitt—I sent for an ambulance, and then I went into the area—two constables went down with me—we went to that part of the area which is directly underneath the window at the back of the building, where we found a man—he was a stranger to the buildings—he was alive, but he could not speak—he had a large wound in the small of his back—I saw that when the policeman and I lifted him off the brick rubbish on to the pathway—he was placed on the ambulance and taken to the hospital—the prisoner lived in Room 84—he had only taken the room for a fortnight, and I think Wednesday night, March 1st, was the first night he slept there—the room was taken on February 20th by his brother for him—I am not aware that there was any other occupant there, too—the window of the prisoner's room is immediately above the spot where the deceased was found—the prisoner's window was lighted—I and the constable proceeded to call at the rooms on the different floors above the spot where the man's body was found—we could get no information from any person below the prisoner's room, and then we knocked at the prisoner's door—there was no answer at first, and the constable said he would break the door open—I said I would rap, which I did, and I called out "Joe!"—the prisoner said, "What is it?"—the door remained closed—then he came and opened it—he had nothing on but his
shirt—I said there was a man found injured in the area, without his clothes—he said, "I know nothing about him"—I said we did not know where he had come from—he said, "There are no clothes here; there are my trousers"—I did not go into the room then—we then went on to the floor above, and then up to the roof, to see if the door up to the roof was locked; we found it was—the police then left, but returned in about 20 minutes, and we searched all the rooms with the windows opening on to the basement—as we came down the second time, we searched the water-closets—the sergeant was present then; before that there was only a constable there—there is a w.c. on each floor and on each half-landing—we found nothing in any of them—I looked into them—I did not go into them—the examination was made by the light of a bull's-eye—5 or 10 minutes after the sergeant went away I went upstairs again, and I saw a pair of boots and a pair of socks in the sink on the third floor, where the prisoner lived—I gave them to the police—I went upstairs again with Mr. Hewitt, and on pushing the door of the w.c. between the third and fourth floors we found it would not go back, and on looking behind it, I found a bundle of clothing on the floor—I took it up to Bow Street Station, and gave it to the inspector—I was present when it was opened—it contained a man's coat, vest, overcoat, and handkerchief—I had examined that closet with the sergeant on our way down—there was no difficulty then in pushing back the door.
Cross-examined. The Rooms 85, 79, 83, 81, 78, and 80 were all lot and supposed to be occupied—the prisoner came to his door when he heard my voice.
JAMES HEWITT . I am a portmanteaumaker—I used the basement of this house as a workshop—I lived in No. 19 on the ground floor—I have the key of the basement; it leads on to the area—on the early-morning of March 3rd I was called up by Mr. Hutton—I went with him, and found the man lying in the basement; he was taken to the hospital—I went with the others to the rooms upstairs—I was with the party outside Room 84, and also up to the roof—I went up again with the sergeant to go to the prisoner's room a second time, the sergeant had some conversation with him; we then went up to the top floor, and the sergeant was just going to knock at the door when the prisoner came up; he only had his shirt on; he was carrying a bundle under his arm—I said to him," What do you want up here in your shirt; if they are your trousers you have got under your arm, why don't you put them out; You will have the women out on you directly, and there will be a fine to do"—he made no answer; he gave a stagger, and seemed surprised to find me on the landing, and turned round sharp and went downstairs—it was a large bundle, dirty-looking; it was larger than would be required for a pair of trousers—I was with the party which first searched the different w.c.'s—nothing was found then—I was present when at a later period the bundle was found, which was taken to the station—it was not in the w.c. on the first search.
Cross-examined. The bundle was found in the w.c. on the landing above the prisoner's room—it was a light landing—there was no light, but it was a nice, moonlight night—when I saw the prisoner there he looked as if he hud been dt inking.
FREDERICK WHITTLE (208 E). On the early morning of March 3rd I was sent to Sardinia Buildings, and I remained there after the other officers had taken the deceased to the hospital—when I made a search of the area with my lantern there was no article of clothing there—I looked up and saw that all the windows were closed—I then went with Mr. Hutton over the buildings themselves, and examined the w.c 'a and sinks—nothing was found in any of them—I knocked at several doors, including the prisoner's, and after some little delay he came and opened it—he wag in his shirt then—I asked him if there was any row in the house, and if he had anybody living with him—he replied, "No, there is no b——living here, only me"—I asked him if he had seen a strange man in the building, or whether he had seen any clothes lying about—he replied, "No"—he showed me a pair of trousers which he picked up off the floor, and said, "This is my trousers, if you want to see them"—I afterwards saw him wearing them—I did not go into the room; the conversation was at the door of the room.
Cross-examined. The prisoner did not appear drunk; he appeared sleepy.
FRANCIS SALE (142 E). About 12.45 on March 3rd I was called to Sardinia Buildings, and I went there with another constable—I saw Hutton there; I went round the area at the rear of the building, where I saw a man lying insensible on the rubbish there; he had only his shirt on, which was torn on the left from the armpit downward—I saw a large wound on his back, from which there was a good deal of blood, and blood also on his mouth and his legs—he was sent to the hospital on an Ambulance—then Sergeant Palmer arrived, and with him I searched the building and area; in the area we found a pair of trousers lying between the place where the deceased was lying and the building—I cannot say if they were there when I first saw the deceased, because I directed my whole attention to him—they were just as if they had been dropped; I took them to the hospital—they have since been produced at the Police-court—we then knocked at all the doors of the rooms with windows above the area, beginning at the basement—we knocked at the prisoner's, and he said, "Who is there?"—the sergeant replied, "The police"—the prisoner replied, "F——you," and then opened the door—we asked the same questions as we had put to the other tenants as to whether any one was missing from his room, or bad anybody jumped from his window, as there was the body of a man found in the area.—the prisoner said he was the only occupant of the room, and that no person had been in the room with him at all—he had only his shirt on—we did not go into the room—we examined the sinks and w.c.'s as we went up and coming down, too—we found nothing in my of them.
Cross-examined. There was a delay of a few seconds before the prisoner opened the door—it was the second time I had been there.
WILLIAM PALMER (29 E). About 1.45 p.m, on March 3rd, I went to Sardinia Buildings, and examined them with the last witness—I heard him give his evidence at the Police-court—I agree with him that the trousers were found, and with the conversation that took place between us and the prisoner—I took part in the examination of the w.c's and sinks—nothing was found in them.
WILLIAM CROSSTMAN (Police Inspector). About 3 o'clock on March 3rd I was sent for to King's College Hospital—I found a man being attended to by Dr. Levick—he recovered consciousness for a minute or two, when he gave the name of Joseph Wootton, 13, Little Church Street,. Marylebone—he then became unconscious again, and he died at 7.45 the same morning—I sent a telegram to the address he gave, and Mrs. Emily Wootton came to the hospital, where I saw her—I went with her to Sardinia-Buildings; we got there about 6 o'clock—I had been there at about 4.30—we went to Boom 84 and saw the prisoner—he opened the door—he only had his shirt on—I told him a man named Joseph Wootton had been found on the brick rubbish below his window—I asked him if he could give any explanation, whether he had been in his room—his reply was to the effect that he did not know anything of him—I noticed there were blood-stains on the right sleeve both of his inner and outer shirt—I saw a large fresh blood-stain just under the bolster of the bed—I saw a recent scratch on his forehead—I asked him how he accounted for the blood—I pointed out to him that it was recent—he said he had had a fight with Laurie Dunovan two nights before outside the Caledonian public-house, at the corner of Drury Lane and Kemble Street—I said, "The blood on the sheets feels damp"—he made no reply—I noticed the curtain over the window was pulled down en the right-hand side—there had been a pair hanging over the window; the string was broken—the bottom of the left curtain was shut out under the lower part of the window, which was closed down on it—the beading on the right side of the window was off, and lying against the left side of the window inside the room—two square hampers stood by the window on the top of the other; each of them was about 8 in. high—on the left of them were two chairs against the wall, with some half-bushel baskets on them—one chair was partly in front of the window—there was a picture frame face downwards on the floor, and as I lifted the frame up the broken glass fell on the floor—I raised the lower sash of the window, and in the dust immediately below the sill I noticed recent finger-marks on the woodwork, which went downwards on to the stonework, and there was a stain almost in the centre of the sill, as if a heavy weight of flesh had been dragged over it—on the brickwork under the sill there were several scratches going up and down, as if something had been struggling to hold; on to the window ledge—I found two felt-hats in the room; I asked the prisoner who owned them—he said, "They are mine"—as I was examining the hats, he said, pointing to the one with the black band, "I bought that for mother's funeral"—I asked him to fit them on, and the one with the black band fitted him perfectly, the other did not—I told him to dress himself, and that he would have to accompany me to the station—he dressed himself, and I sent him to the station with a policeman—I told him he would be charged with injuring Wootton, who was alive then—the prisoner said, "I came home about 9.20 p.m. I had been in the Constitution public-house with my brother George and his wife Laurie Dunovan was in the public-house at the same time. I was in the Grapes from 8 to 9, and saw Daniel Coughlin and David Lay there. Mr. Hutton was standing at the door of the dwellings as I entered. I was drunk at the time"—about 8.30 that
same evening, having received information of Wootton's death during the day, I charged the prisoner with murdering Joseph Wootton—he replied, "I do not know anything about it at all; I was drunk at the time; I have known Wootton about 14 or 15 years"—from the appearance of the windows and the articles round it, it seemed as if there had been a struggle there.
Cross-examined. The room was in the same state when I saw it as it is in the plan—I have seen poles hanging out of the windows in some dwellings, but I do not think they use them here—the prisoner did not flay he had got the scratch a few nights before; he said two nights before—the deceased was about the same type of man as the prisoner—it is not an unknown thing for a window to be shut down on a curtain—the furniture was very much dilapidated.
WILLIAM GOUGH (Police Sergeant E). About 4.30 on March 3rd I went to Sardinia Buildings, and there saw Inspector Crosstman—I went into the basement and area—I examined the windows immediately above the area on the first and second floors—I also examined the windowsill of Room 84—the windows, with the exception of 84, looked as if they had not been opened for some time—I went up to Room 84, and the prisoner opened the door—I said I was a police-officer, and that we intended making a minute examination of his room—I asked him who had slept in the room that night—he said, "Nobody but myself has been here. I know nothing more; I came here at 9.20 last night"—I noticed there were 3 or 4 ins. of curtain caught outside the window—I said, "How do you account for this?"—he said, "I know nothing at all about it"—I made a very close examination of the window sill, and I could see distinct finger-marks pointing towards the window—there was 1 mark on the woodwork, and 2 or 3 on the base of the stonework—I called the prisoner's attention to that; he said nothing—there were several fresh marks on the brickwork about 2 or 3 ft. below the sill, and about a foot long up and down—I called his attention to them—he did not see them; he became quite sullen—I noticed the beading was broken—he made no remark as to that—I saw the inspector show the two hats to the prisoner—the inspector said, "Whose hats are these?"—the prisoner replied, "They both belong to me; I have had them 18 months"—I was not present when Mrs. Wootton was brought to the room; I was when the hats were shown to her; she identified them—I saw blood-stains on the bed, and I called his attention to them; he said, "My brother had my things put here two days ago, and I know nothing more"—I called his attention to the fact that the blood was moist, but he made no further statement—the blood on his wrist and shirt and under-shirt was pointed out to him, and he said, "I got that two days ago fighting with Laurie Dunavan"—He was taken to the station—after the man had died I took the hat which Mrs. Wootton had identified, and put it on the deceased's head, and it fitted exactly.
Cross-examined. I examined the basement; it is full of brick rubbish—when the prisoner was seen to leave his room I think he went downstairs to his brother's room to get some lamp-oil.
Re-examined. There are outside the Court a number of articles of clothing that were found in various parts of the building.
LAWRENCE DUNAVAN . I live at 12, Kemble Street, and am a newspaper lad—I have known Wootton about a year and the prisoner about 3 years—I saw them in the Hart public-house, in Russell Street, Drury Lane, on March 2nd—they left about 10.15—they seemed to be on good terms then—I had a fight with Holland 3 weeks before March 2nd, outside the Constitution public-house—a policeman turned us away—neither of us bled in the fight.
Cross-examined. There was another fight after that, on a Saturday, February 25th—on the Thursday, when I saw the men at the Hart, they had been drinking pretty heavily—they seemed perfectly friendly.
CHARLES ALDERSEY (244 E). I was on duty in the early morning of February 18th in Covent Garden Market—I know Holland by sight and also Dunavan—I saw them on that morning—they were fighting—they were not near the Constitution public-house—I went towards them, and they went away.
Cross-examined. I did not make a note of it; it was only an ordinary occurrence—I never made a report about the fight—I made a statement on March 28th.
EMILY WOOTTON . I live at 13, Little George Street, Marylebone—the deceased was my husband—he was a general dealer—I think he was 54 years old—he lived with me at that address—on March 2nd he left home between 12 and 1, mid-day—he did not come back that night, and the next time I saw him was at King's College Hospital the next moniing—I got there at 7.30; he was alive then—he died at 7.45—I went to Sardinia Buildings with a police-inspector, and was shown the room, 84, and also two hats in the room—I gave a description of a hat before I saw these two (Produced)—this hat is my husband's—I was also shown these boots, socks, coat, trousers, waistcoat, handkerchief, and shirt(Produced)—they are all my husband's—they are the clothes in which he was dressed when he left my house on that day.
Cross-examined. I said before the Coroner that my husband was addicted to drink—I have heard him speak of Holland—I cannot say if there was any illwill between them—my husband was the relics of a finely-built man—his age was against him—he was a powerful man.
PERCY LEVICK . I am House Surgeon at King's College Hospital—I received the deceased about 1 o'clock on the morning of March 3rd—he died about 7.45 on the following morning—he Was taken to the wards at once, and I examined him there—there was a graze on the centre of his forehead about the size of half-a-crown; some of the skin was just rubbed off, and some small scratches on the head and upper part of the face—in the bend of the left elbow I found a graze 3 in, long by 2 in. broad—on the outside of the left arm there was a linear scratch 3 in. long to the left of the elbow—on the left wrist there was a graze, and on the left hand some superficial scratches—a graze on the outside of the left thigh, about the centre; it was oval, about 2 in. long and 1 1/2 in. broad—some scratches on the outside of the left ankle, and on the base of the great toe there was a flap of skin turned forwards on the under surface about the size of a shilling—on the under surface of the left foot there was a graze about 3 in. long; the right heel was bruised and g'razed—on the right buttock there was a triangular wound,
the base about 5 in. long, and the sides 4 in. and 3 in.—the wound ran through the muscles down to the bone—all the marks were quite recent—the man's nose had been bleeding when he was brought in—there was no mark of a blow—a fall such as this would be quite sufficient to rupture some blood vessels—on March 4th I made a postmortem examination—I found the 12th dorsal vertebra was completely shattered, so as to allow the adjoining vertebra, the one above and the one below, to come together—the spinal cord was completely ruptured—the 11th rib was broken, and a portion penetrating the right lung—there was a considerable amount of bruising along the spine—the cause of death, in my opinion, was shock due to the rupture of the spinal cord, and the other injuries—the injury to the buttock could be caused by a fall on to a brick from a height—I think the fall of 36 ft. from the sill to the ground would account for the injuries—he must have fallen in a semisitting position—he would not have been able to move his lower limbs at all after the fall—the wound on the toe looked as if it had been caused by rubbing against a rough surface—I think it could be caused by a man with bare feet trying to get foothold against the side of a brick wall—the grazes oould be caused by scraping over the surface of a stone window sill—the man's measurement after death was 5 ft. 7 in.—it is a little longer after death—he was a strongly built man, just wasting a little, owing to age.
Cross-examined. The wound on the toe could have been caused by hard pressure over a rough surface—the grazes on the face and forehead could have been caused by touching something in the fall—the shock of the fall is quite sufficient to cause the nose bleeding.
GEORGE ALBERT HAMERTON . I am divisional surgeon to the E Division of Police, and live at 3, Southampton Street, Strand—on March 3rd, about 9 a.m., I was called to Sardinia Buildings, Little Wild Street—I noticed stains of blood on the bed and bedding in Room 84; it was not quite dry—the dust on the window-sill was rubbed off in patches—the mortar on the wall below the window was apparently rubbed off, presenting a white surface which distinguished it from the other portions—I went to the place where the body was found, and found some blood there—the same morning I examined the prisoner about 9 o'clock at the station as to his fitness to go before the Magistrate—he was calm and collected; he answered my questions; he was not under the influence of drink then; I cannot say that he was recovering from the influence of drink—I saw blood on the right arm of his shirt and undervest, which was apparently recent—there was a stain on the right shoulder about 1 1/2 in. square, and 3 or 4 small stains on the right arm—the blood might have come there 6 or 8 hours before my examination.
Cross-examined. I cannot say how long they had been there—I only saw one sheet in the room; the other I saw at the station.
Gough Re-examined. I asked the prisoner his age; he said he was 32.
GUILTY .—The JURY added that they thought the murder was done without premeditation. DEATH .
NEW COURT.—Thursday, April 13th, 1899.
Before Mr. Recorder.
MR. GREENFIELD Prosecuted.
JOHN GORE . I live at 26, Stratford Place, Plaistow—on April 4th I was at work carrying oranges, and was waiting for a turn—the prisoner came up to me; I knew him by seeing him there—he rushed at me and hit me—I went away, and he came to the door of a shop and stabbed me on my arm with a knife, and then made a second attempt and cut my clothes—here is the wound—I had it dressed—he gave no reason for this—I had got permission from the orange gang; they look after the union men.
Cross-examined by the Prisoner. I have been there close upon 18 months—I was a potman about five months ago—I have been on a barge with you, but have never gambled with you—I did not say when you were very nearly broke that I would put my boot under your nose—I have not played at dice with you, or at anything—I did not say, "If you do not go away I will put this knife into you"—I never carry a knife.
By the COURT. I had no quarrel with him—he seemed as if he had had something to drink—I do not know whether he is one of the union men or not.
CHARLES SMITH (City Policeman 843). On April 4th, about 3 p.m., I saw the prisoner following Gore, and when they got to the front of a fish-shop they stopped, and the prisoner struck him on the head—he was sober—Gore ran out of the street, and the prisoner followed him with this knife in his right hand, and struck him first on his face with his fist, and then with a knife, which went into his arm—he ran 100 yards, and fell down, and threw the knife under a van—I saw a man pick it up, who gave it to me—Gore was bleeding from his arm—he came to the station and charged the prisoner—he declined to go to the hospital, but he went next day—in reply to the charge the prisoner said, "There was a struggle in the street, and he took a dagger up to me"—he said that there was some jangling, but did not say that it was with Gore—there had been a strike on, and several people have been convicted of annoying what they call the blacklegs, and knocking boxes of oranges off their heads.
WILLIAM MILTON, B.M . I am House Surgeon at Guy's—on the morning of April 4th I saw Gore; he was suffering from two incised wounds on his right elbow, not serious and not deep—they could be caused by this knife—it must have been a very severe blow to do it through the man's clothes.
GUILTY .— Eight Months' Hard Labour.
MR. GRAIN Prosecuted.
GUILTY .—He received a good character,— Judgement respited.
MR. PASSMORE Prosecuted, and MR. HUGHES Defended.
on March 30th, about 8 p.m., I went to the prisoner's restaurant in Rathbone Place, and asked him if a woman had been there—he said, "No"—I said, "I have just given her 15s.—she went into the house, and I wanted to catch her" he said, "If you advance two steps further I shall shoot you"—I advanced, and he fired, but did not hit me—I was not sober—I turned round and ran away, and had some more drink, and went back to the prisoner and said, "If you will get me my money back I will say no more about it"—he struck me across the head with this stick (Produded), and I was taken to the Middlesex Hospital—I went back and gave him in custody for assaulting me—I said nothing to the constable about shooting—I am all right now.
Cross-examined. I work with my father as a tailor, and earn about: 6s. a week—I can afford to give an immoral woman 15s.—about 40 minutes elapsed between the shooting and going to the station—I had never been to that place before—I demanded my own money—I did not say to the prisoner, "I went there to ask for 3s. which the girl had left for me there"—I did not believe it was a house of bad character, but the woman took me there—I did not say to the inspector, "I have been in there with a girl, and gave her 15s., and I went and asked for the change and he struck me"—I did not ask the prisoner for any money—it is perfectly untrue that I asked for the change, or for 3s. which the woman had left for me; it is all a fabrication—I did not say that if he did not give me the money I would make it unpleasant for him—I have been in trouble five times, charged with assault and drunkerness—I have been to prison three times, and on the other two occasions I paid a fine—this was at the side entrance to the restaurant—the woman went in and never returned, and so I entered—I went through one door; the front door was open—two men could pass each other with difficulty in the passage—there was a reflection of light from the kitchen—I charged him with hitting me with the stick, not with trying to murder me—that may have been because I was excited—I did not tell the inspector that I wanted change—I may have asked the prisoner for the change—I asked him if he could get me my money from the woman—I went there because that was the door she went in at—I had not been to the house several times with a gang of men, demanding money; that is not true—when I had had my head dressed I went back, and found a constable talking to the prisoner; that was about 40 minutes after he fired the pistol—I had my head dressed 40 or 50 yards off—I had been drinking by myself—I went back the second time to the same door—there were no men with me—there was a crowd outside, through the report of firearms—I had no friends in the crowd—I have no friends here who were present—he gave no reason for firing.
By the COURT. The prisoner was in the passage when I first saw him—I was excited, but I did not threaten him—I took the two steps forward to speak to him; I was not going to attack him, but to converse with him—if he fired the revolver merely to frighten me it was a very funny way.
GEORGE SMYTH (131 R). I was in Rathbone Place on March 30th, at 9 p.m., Richardson complained to me of being assaulted with a stick; he said, "I have been in to ask for 3s. which a girl left there for me, but I cannot get it"—the prisoner admitted that he struck him with a stick in self-defence;
he said, "They came here for money, and because I would not gire them money, they upset the till"—I asked them to come to the station and see the inspector, and the prisoner said, "I admit I fired it, but it was to frighten him, in self-defence"—going to the station, the prosecutor said that a revolver had been fired in the restaurant that night, but he did not say that it was fired at him—he charged the prisoner at the station with the assault with loaded firearms, and the prisoner said, "I fired in self-defence, to try to frighten him"—the prosecutor had been drinking; the prisoner was sober; the prisoner produced this revolver at the station, fully loaded; he said, "I reloaded it in case they came again one bullet bad been discharged"—when the prosecutor charged the prisoner at the station, he said that a girl had been there and left 15s. for him, or I think it was that he gave her 15s.—he did not say that he went and asked for the change.
Cross-examined. The bullet was found in the restaurant—I was talking to the prisoner close to the restaurant door when the prosecutor gave him in custody—the prisoner said that a number of men had been there demanding money—nothing was said about the revolver till he produced it at the station.
PHILIP WILLIS (Police Sergeant). I went to 25, Rathbone Place, where the prisoner was employed, and found a bullet mark about 5 ft. 5 in. from the ground on the right-hand side—it struck the wall very near the staircase, and appears to have glanced off—in a narrow passage like that it must have been fired obliquely at the wall—the prisoner's employer, the proprietor of the restaurant, gave me this staff (Produced) and the prosecutor identified it.
Cross-examined. The passage is about 3 ft. wide—I do not know the prosecutor—we have had complaints of rowdyism before, men coming there to demand money of the proprietor—it is a questionable house.
THOMAS TWIGG (Police Inspector, B). On March 30th, about 9 p.m., the prosecutor, the prisoner and the constable came to the station, and I took down their statements—Richardson said, "About 8 o'clock to-night I went to the shop with a girl for an immoral purpose; I gave her 15s., and she gave me the double. I asked the prisoner for it, and he struck me on the head with this stick, and fired a revolver at me"—the prisonersaid, "We must protect ourselves," taking this pistol from his coat pockets "After I fired the shot I put another in. I knew this man before; he has been at our place before for money, and said what he would do"—I entered a charge of shooting—I have heard of men going there and asking for money from the proprietor—the house is a brothel.
Cross-examined. It is closed now—there was one written complaint some time ago of disorder there; that went to Scotland Yard—I know the prosecutor—I do not think he ever had 15s. in his life; he has been convicted several times of assaulting the police, and of being drunk and assaults, and he tells me that he was disgraced from the Army with ignominy—nothing is known against the prisoner.
FREDERICK ELWIN . I am House Surgeon at Middlesex Hospital—on March 30th, about 8.30, the prosecutor came there suffering from a lacerated wound on the left side of his head, not severe; it might have been caused by this staff—there was no sign of a bullet mark; he said
nothing about that—he said that he had a row with a man, and got knocked down.
The JURY stated that they did not want to hear the prisoner's witnesses.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
MR. GREENFIELD Prosecuted, and MR. LEYCESTER Defended.
NOT GUILTY .
After the commencement of the case the prisoner stated that he was guilty, upon which the JURY found him GUILTY .— Three Years' Penal Servitude.
THIRD COURT.—Thursday and Friday, April 13th and 14th, 1899.
Before Mr. Recorder.
MR. LEYCESTER Prosecuted, and MR. SYMMONS Defended. DOROTHY SELWYN. I live at 4, Brompton Square, alone; I had a friend, a Mrs. Clarke, living at 17, Ovington Gardens, about 4 minutes' walk from my house—I do not know where she is now—last September I lost a latchkey; I thought my niece had it, but she told me she had left it on the dressing-room table—I know the prisoner as Mrs. Clarke's butler—he came to my house with messages for his mistress—I had known Mrs. Clarke from April, 1898—the prisoner was not acquainted with my servants, as far as I know—on September 28th Mrs. Clarke and I went to the theatre together, and my servants and some of her servants went to a music hall on her suggestion; she got a box for them—there was no one in my house excepting a dog—both parties were made up by Mrs. Clarke—she paid for the servants' box, and also for the box we had—I was her guest—she was a Mrs. Gant before she was Mrs. Clarke—I do not know what became of her—I saw her about a month ago at the Pavilion, but I did not speak to her—she continued living at Ovington Gardens for about a fortnight afterwards—I did not know she was going to leave—I do not know where she is now, I think she is either at Paris or St. Malo—on the night of September 28th the prisoner was left behind at Mrs
Clarke's house, in charge—I had at that time a considerable quantity of jewellery, value about £2,000 when I went to the theatre I left it in a jewel case, in a cupboard, which was not locked—the jewel case was locked, and the keys were put between the cover and the case—it was a detachable canvas cover—I went to Mrs. Clarke's about 11.45, after leaving the theatre, and got home about 12 45—when I got home I noticed nothing wrong—the servants had got home first—I went to bed without noticing anything—I missed nothing that night—in the morning I went to my jewel case to get a cheque, and all the jewellery had gone, and & £5 note and £3 in gold—the cheque-book was kept in the jewel case, and was untouched—the box was locked when I went to it, and the keys placed where I had left them—there were no signs whatever of anybody having broken in—I went round to Mrs. Clarke's and told her—my niece was not living there on September 28th; she left about a week after I came from Ostend; I cannot say when—I think she left the house a week or 10 days before—it was she who had my latch-key, which was lost—I thought she had taken it with her—that was after the robbery—I complained to the police that day—I have not recovered any of the jewellery—I can, if necessary, give a list of the things that were stolen—the jewellery had been given to me, and some I had bought; it came from different sources—amongst the things were ornaments with diamonds and emeralds in them, oblong emeralds belonging to an antique bracelet—there was a long gold muff-chain, with pearls set in gold; and a chain of diamonds, the back of a diamond necklace, a pin of the shape of a midshipman's cap, with a fiat pearl; the cap was of pearl, and the peak of small diamonds—there was a bee brooch, with a large half-pearl for the body, and diamonds in the. wings with some sapphires; and a butterfly brooch, all diamonds—those were the only brooches that could be described as butterfly or bee brooches—there was an imitation collarette, a necklace, and a brooch; those were of Parisian paste—there was a quantity of other jewellery besides.
Cross-examined. The prisoner had been to my house about three times, as far as I remember, once to see Mrs. Clarke when she was calling on me—he would not have the slightest knowledge of this cupboard in my room—I was in the habit of wearing the jewellery I have described at different times—the imitation stones had gold settings—there was no pin of base metal among the things—Mrs. Clarke knew where I kept the jewellery—she was the only friend I had—she knew where I kept the key—she did not know I had lost the latch-key then—I mentioned to her that I thought my niece had lost the key—Mrs. Clarke disappeared about a fort-night afterwards—I saw her off to Paddington for Torquay—the prisoner was there, and saw to her luggage—she lived with a Mr. Clarke—I hear that she is now at St. Malo—she wrote to me from Torquay—she was there about a week—she has been to Monte Cario and Paris since—the prisoner looked after the house for some time after she went away—she gave up the house—there was a bill of sale on the furniture, and she had to go away.
ELIZABETH FERRIS . I am married, but I have not lived with my husband for 6 or 7 years—I have known the prisoner a little over 3 years—he got me a situation with Mrs. Clarke in the early part of last August,
as nurse, at 17, Ovington Gardens—I was nursing Mrs. Clarke through her illness—I was still there in September—Mrs. Clarke was bad for about 10 weeks—I left in October—I stayed behind in the house with the prisoner when she went to Torquay—she did not give to me as the reason of her departure that there was a bill of sale on the furniture, but I knew of it—I cannot give you the date of her departure—I remained there about 3 weeks—I was not there at Christmas—I left about the end of October—the piisoner left at the same time, and he got a situation as manager of a public-house some time afterwards—nobody came in and took away the furniture under the bill of sale—a gentleman named Diprose held the bill, and, the lease of the house as well, and he was paying the rent of it and everything—Mr. Clarke was supposed to be the husband—he came on two or three occa sions—I knew nothing of Mrs. Clarke's business affairs—one night, towards the end of September, I went to a music hall with Mrs. Clarke's tervants, and the prisoner saw us into a 'bus, but did not go with us—there were four of us altogether, all women—when we came back, about 11.30, he was standing on the doorstep with the housemaid—the next morning Mrs. Selwyn came round to Mrs. Clarke's, about 10.30—I heard what passed between them—this was not in Mrs. Clarke's bedroom—she was crying, and made a communication in my presence—I went down-stairs to the dining-room, and there saw the prisoner—we knew his character before—the maid had previously told him that the things had been stolen—I accused him of doing it—he was alone in the dining-room when I was there—I said to him, "Mrs. Selwyn has lost her jewelery"—he said, "Yes, I know all about it"—I said, "I believe you know all about it"—he said, "Shut up! I will tell you later," or words to that effect—we had no more conversation about it at that time afterwards he showed me some stones in a piece of paper, towards the end of the week—I asked him once or twice afterwards what he had done with the jewels, and he said, "I will tell you later"—about 4 or 5 days afterwards he showed me a few small diamonds and some large white stones, and 3 or 4 oblong-shaped emeralds, loose, in a piece of tissue paper—there were about a dozen or 20 in all—he said, of his is part of the stuff which has been broken up"—he showed me a tiny scarf-pin, a sailor's cap; there was one pearl to form the crown of the Vap, and three small diamonds in the peak, like a naval officer's cap—he showed me nothing else—I saw a piece of broken end of a chain, with 6 or 7 brilliants, like Mrs. Selwyn had worn round her neck—I recog nised the back part of it—I do not remember what was in front when she wore it—he said there were some beautiful brooches, a bee, butterflies, and swallows, and diamonds; he did not say how many—he gave me no more definite description—he doubled up the pin and threw it down a water-closet in the back garden—a few days after that we had some words, and he said he was afraid some detectives were watching him—I do not know what became of the rest of the jewellery he had shown me; I saw no more of it—I knew at that time about Miss Bartlett, his supposed second wife, but I never met her till 2 or 3 weeks ago, 2 or 3 days before I appeared at Westminster Police-court—the prisoner lived At Mrs. Clarke's house—he was butler, and slept there—I knew that he
had a wife, bat he was not living with her—he said the jewelery was dud—by that I understood that it was imitation—that was at the time he showed me the stones—he said it would not realise the money he thought it would, because it was dud—he said, "I found the keys in a cover under the dressing-case; I replaced them after I took the stuff away"—he showed me a scratch on his finger, and I bound it up for him—he said Mrs. Selwyn's dog had snapped at him, and that he had struck it on the head—I do not think he said anything more—he never gave me any part of the jewellery—he promised to get a shank, and have some stones set in a ring for me, but he never did so—he often said he would kill me stone dead if I gave information against him—he has kicked me downstairs several times, and punched me about; I have been black and blue—I passed as his wife—I had been his mistress for three years before he got me the situation, and continued to live with him until March 13th—he went away on the 14th, and wired to me—he did not live with me afterwards—he was at the public-house in business—I was at home with my mother—we had had no quarrel, and he led me to believe I was the only one in the world that he wanted—subsequently I learned that he had eloped with another woman—I had made a statement to the police at 41, St. Mary's Square, Mrs. Bartlett's house, to the de tective in charge—Mrs. Shinn (Miss Bartlett) wired me to go over there at 6.30—Mrs. Lambert, the public-house proprietor's wife, was the woman he eloped with—I went to the house, and saw a police-officer, Henry Hayter—that was the first time I made a statement to the police—that was on the Thursday evening, March 23rd, before they arrested Shinn on the Monday—that was my first statement.
Cross-examined. I had been in communication with Eliza Bartlett two or three days before that—I did not know that prisoner had been married to her—I knew nothing about the marriage at all—this was before he was living with me—I left my own husband 6 or 7 years ago, and I never intended to go back to him—the prisoner is not responsible for that—I was afraid to say anything while he was living with me at my mother's house—I heard of a robbery, and the prisoner and I were in the same house together, Mrs. Clarke's—I was there for some weeks afterwards—I was frightened of him—he threatened to murder me if I gave information—I cannot say how many times he kicked me downstairs; I should say half a dozen—he used to pull me out of my mistress's bedroom, and then, as I was going down in front of him, he would make a running kick at me—that happened half a dozen times—there were no brokers' men at Ovington Gardens when I left—we were taking care of the house at the time, and Shinn was so afraid that someone was watching him that he wanted to get away—he held the papers of the place—he was left in charge by Diprose, and another man came and took his place because he was afraid to stay there—we went to Cricklewood afterwards for 11 days, and then came back to my mother's, and we stayed there together, and then he went to his wife's at Kennington, the second one—after he had gone I was not still afraid to give information to the police—we were friendly the whole time until a month ago, and I did not want to give information, I had no reason to do so—I did not say anything until I found he was so deceitful—he went away with the wife of the
publican whose business he was managing—I then gave information, because I knew all about it, and so did others—I was angry with him—I had a few words with him, but I never suspected anything of the elopement—I thought I was the only one, but it did not surprise me when I heard of it—I do not know if I said I would get my own back—I wrote to a particular friend of Shinn's, "He has tried to keep five or six women on the string at once, but he can't"—I did not want to stop him—I meant that I would stop him in one way by giving this information—I had said to my own friends what had happened before I heard that he had left with another woman—I can not mention names—they all have their own opinion about him—I did not say anything to Miss Bartlett—I came to know her through the prisoner—I had seen her once or twice—I wrote a letter to her to know if it was true that Shinn was away—she answered it, and I went to see her, but we said nothing about the robbery—I did not say to her at the time that he bad gone off with another woman—I wrote about it, and that was why she wired to me—when I got there I did not say, "Now he's gone off with another woman; how about the robbery?"—I men tioned the robbery, but not in that way—I did not know that she knew anything about it—she said she knew something about it, and I said so did I—Mrs. Bartlett (the mother) went to the police first—it is six or seven years since I left my husband; I married him 9 years ago, when I was 16—the prisoner kicked me downstairs last year—I had a fancy for him, and he for me.
HENRY GEORGE CORVILLE . I have a daughter named Eliza Allen Shinn—she was married to the prisoner on November 19th, 1885—I was present at the marriage, and signed the register—Shinn ceased to live with her two years ago last October—she is still living.
ELIZABETH BARTLETT . I am the wife of William Bartlett, and live at 41, St. Mary's Square, Lambeth—in July, 1895, my daughter, Alice Louisa Bartlett, went through the form of marriage with the prisoner, but she continued to live at my. house—the prisoner did various things, he was a waiter at a night club, and butler to Mrs. Clarke, and manager of a public-house—from time to time he came to my house, and stayed with my daughter—I believed him to be a single man—he is de was scribed as a bachelor in the certificate—about the first two years he was not away, except at night—since then he has been away 2 or 3 weeks at a time—he has always said that he was away on business—we did rot know what he was doing—he told us that he was employed as a butler at Ovington Gardens—I read of the robbery in Brompton Square in the newspapers—the prisoner came home to my house one day early in October; we were talking, and I asked him if he had heard of the robbery at 4, Brompton Square—he laughed—I said, "You know something about this?"—he said, "Yes, I did it I let myself in with a latch-key, and in the hall I met a dog, which bit my hand"—I said, "You ought to have it cauterised"—he said, "I went ito the lady's bedroom, and opened the wardrobe doori and took the keys from under the case, and opened the box, and emptied the contents into my handkerchief, and replaced the case. There was a man waiting at the norner, and I gave him the stuff, It was nearly all broken up within
an hour, and the dud stuff was thrown into the Thames; it took me seven minutes to do it; I sent up the housemaid to do the lady's room when I came out, so that she should not miss me"—that was all he told me at that time—my daughter was present—the matter was not mentioned again between me and the prisoner, except once when he came home; he looked awfully worried, and I asked him what was the matter with him—he said, "So would you if you had gone through what I have done the—last few days"—this was November 19th, as far as I can recollect—he said he had been told that a woman was wearing the rings in the Strand, and he went home to the husband of this woman, and he nearly throttled him, a Mr. Collins—I have seen Mr. Collins, and know—there is such a person—I believe he is boots or something at the Hotel Cecil—the prisoner said, "If the rings were found upon her, it would mean five years for me"—I had no further conversation with him afterwards about this robbery, because he has not been home much—I first made a statement to the police on Monday, March 22nd—I had not seen Miss Ferris at that time—I went to Scotland Yard in connection with the robbery—we did not know then of the bigamy; I thought he was my daughter's husband—my husband is a wood-carver—Mrs. Lambert bad been to my house, but not Miss Ferris—Mrs. Lambert was the woman he ran away with—she told my daughter that he had gone away with Tootsie, Miss Ferris.
Cross-examined. I went to the police after I had heard of his carryings on with oiher women—I should not have said anything except that I thought he was a straightforward man—I would not have said anything if he had behaved himself rightly to my daughter; I should have had no cause to do so—I gave my statement when I went to Scotland Yard, about the second conversation; the one about Collins and the woman who was wearing the rings in the Strand, and the fight Shinn had with Collins; but I did not say anything about it at the Police-court because I was not asked—I did not know Tootsie Ferris at that time—I knew the prisoner was living at 17, Ovihgton Gardens, but knew nothing what ever about 4, Brompton Square—it was only his own statement that made me connect Brompton Square with himself—I knew there had been a robbery there, and I said, "You have done it," and laughed at him, and he said, "I done it"—I have heard him talk about different things he has been connected with—I do not suggest that he has ever been charged with any other offence, burglary, or any criminal offence—I have heard him talking about different things that he has done—I know he has been connected with a lot of fellows who have done things, burglaries and things, people who have been convicted, but not that he has been in them; I do not suggest that—I know that his associates have been thieves—he never said that he had been guilty of an offence of this kind before—there was no connection between him and this ad dress at all—I first knew of Tootsie Ferris the Saturday as Mrs. Lambert came to my daughter's—Monday I went to Scotland Yard, and Tuesday or Thursday the same week I made the acquaint ance of Miss Ferris—it was to my house that Ferris came to give information to the police—a telegram was sent for her to come to my house—he told me the robbery did not realise as many hundreds
as the things were supposed to be worth thousands—he told me that they were worth £3,000—I do not know who had set that value upon them—the lady had given evidence at the Court—the robbery was in September, and I did not see him until October—it was stated to be worth thousands, in the papers—I never heard or saw any of the property; he never gave any to my daughter or to me—all I know is about six £5 notes, which he gave to my daughter to mind—I cannot remember the date when he had them, but I know he went to Gatwick Races on the Saturday—he pawned things himself—he has had money to go about with so many women—my daughter has not had the money—I gave the £5 notes back to him again when he went to Gatwick Races—I cannot remember the date.
ALICE LOUISA BARTLETT . I live with my parents at 41, St. Mary's Square, Lambeth—in July, 1895, I went through a form of marriage with the prisoner, and until recently I believed myself to be his lawful wife—he represented himself to be a bachelor when he was keeping company with me, and I believed him to be single—one day in last October he came to our house, and this robbery was mentioned—we had a conversation on general topics—I asked if he had read anything about the Brompton Square robbery, and he said that he had—I asked him if he knew anything about it—he laughed, and afterwards said, "I done it"—he said he went in at the front door with a latch-key—hedid not say where he got the latch-key from—he said, "A dog snapped at me, and I went up into the bedroom, and opened the wardrobe, and found the keys of ths jewel-case, and opened it, and emptied the contents into a handkerchief; after that 1 locked the case, and replaced the keys, and came downstairs and went out again"—he said there was a man waiting to receive the jewellery at the corner of the street, and that he gave it to the man—I do not re member that he told me anything more about the matter—I never saw anything of the jewellery.
Cross-examined. He told me he was living with a woman at the time when he married me, but that he had parted with her—it was not Miss Ferris; it was the woman who really is his wife—I made no inquiries as to who the woman was; I believed him—he did not give me any reason why he told me about the robbery—he did not ask me to keep it quiet—I suppose he trusted me and also my mother, who was present—I had not heard of Miss Ferris at that time—I did not ask about the young woman who was at Ovington Gardens, where he was butler, nor inquire who were his fellow servants—I had hoard that Mrs. Selwyn used to visit Mrs. Clarke—I knew that the house at which the burglary had taken place was one that was known to him as being where Mrs. Selwyn lived, and that she visited Mrs. Clarke—I suspected him of the robbery from his manner when we asked him about it—I do not know why we asked him about it; it came up in conversation, that is all—I said I believed he had done it, simply from his manner—I decided to keep it quiet at first—I should not have told unless he had gone away with this woman—I did not ask him what he had done with the money he had made out of this big robbery—I had not the slightest suspicion he was keeping company with Miss Ferris—I did not want to know what he had done with the money—I held six £5 notes for him in October or November—he said that
they had something to do with the robbery, and that there were others—I never had a shilling out of it—when he went away he sent me £2, house-keeping money—I never remonstrated with him—I told him I was sorry he had done it, and that I hoped he would never do anything like it again; and he promised to reform—I told him it worried me—he told me that three or four others had had some share.
HENRY HAYTER (Detective Inspector, B). The information was first given on March 20th, at Scotland Yard, and it reached me that evening—Brompton Square is in my division—I had heard of the robbery atthe time—I was not in the division then—the police knew of it—on the following evening I went to St. Mary's Square, and I saw Mrs. And Miss Bartlett—I first saw Miss Ferris on the 24th—a statement had been made at Scotland Yard by Miss Bartlett, and that was how I got the information—on March 24th I received a communication, and went to 41, St. Mary's Square, and saw the witness Ferris—I had not seen her before—she made a statement, and I took a note of it—at that time I was not prepared to act, because I believed Miss Bartlett was the wife, and could not be called as a witness—he was first charged with this offence on March 27th, at 3 o'clock in the afternoon—I was with Sergeant Felton in the Old Kent Road, and saw the prisoner in a public-house—I said to him, "Is your name Shinn?"—he said, "Yes"—I said, "We are police officers, and shall arrest you for stealing a quantity of jewellery on September 28th from 4, Brompton Square, the property of Mrs. Selwyn"—he said, "Right, I am with you"—he was conveyed to the Police-station in charge—on the way he said, "I was at 17, Ovington Gardens; I know nothing"—the charge was read over, and he made no reply.
Cross-examined. It was from the Bartletts that I heard of Miss Ferris.
ALICR LOUISA BARTLETT (Re-Examined). Shinn handed to me his own watch chain to pawn, and I pawned it—he pawned the several articles mentioned in the pawn-tickets produced—I knew the chain was his before this occurrence—it went in for £2 10s.—he had £1, and he gave me 30s., I think—it was for my baby's funeral.
Cross-examined by MR. LEYCESTER. The prisoner was in the habit of giving me money, no regular allowance, sometimes a sovereign, sometimes 5s., whatever he could get—after he had the £5 notes, he went to Margate, and on the Monday he sent me £2, housekeeping money, and I do not think I had any more for three or four weeks—I have had two children; one is dead.
Evidence for the Defence.
WILLIAM SHINN (The Prisoner). I have never been charged before in a Criminal court—I have pleaded guilty to the bigamy with Miss—Bartlett—there is no truth in the suggestion that I was a party to the robbery of these jewels; I had nothing whatever to do with it—at the time I went through the ceremony of marriage with her I was under the impression that my wife was dead—I had been told so—I had been doing business with Mrs. Clarke for about 8 months previous to September 28th—she had in her possession jewellery to the value of £3,000 or £4,000, and plate as well—I bought the best part of her plate for her, silver and electro; about £600 worth—I had the whole of the
plate and jewellery under my control—there has never been the least sug gestion that I took any of that—I remember Mrs. Clarke and Mrs. Selwyn going to the theatre together on September 28th—Miss Ferris and the ser vants also went out together—I was supposed to go to the Oxford Music Hall with the other servants, but at the last moment Mrs. Clarke said I had better stay in, as she would not leave the house to itself—I walked to the end of the street with them, and saw them into a bus, and then went straight back to the house—Mary Sullivan, the servan t, was in the house besides me—I remained there until Mrs. Ferris came and fetched me about 12 o'clock—Mary Sullivan did not go out of the house all the time—it is not true that I sent her upstairs to get her out of the way while I went out—Mrs. Selwyn came in about 10.30 the next morning, and told me of the robbery—I did not on that morning tell Miss. Ferris that I had done it—regarding the statements made by Miss Ferris, Mrs. and Miss Bartlett, saying that T had done this robbery, the only conversation that took place was at Miss Bartlett's house in front of her mother—I did not show Miss Ferris the jewellery, I never had it in my possession—as to the conversation with the Bartletts, this is what it was: about a fortnight or three weeks after the supposed robbery I went home as usual, and Mrs. Bartlett asked me if I had heard anything about it—I said I had heard all about it—Mrs. Selwyn. is a personal friend of Mrs. Clarke's—I was really relating the conversation between Mrs. Selwyn and Mrs. Clarke—I told them exactly what Mrs. Selwyn said—it seemed such a strange thing that someone had taken the key and walked upstairs—they suggested that I had done it in a joke, and I replied in a joke, "Yes, I did"—I was laughing at the time—we were very good friends at the time—that was merely jocular—I never said a word about the dog having scratched my hand—not a word was said about having my hand cauterised—I had not had my hand bitten by a dog, nor scratched by a tooth, nor touched in the slightest way—Miss Ferris did not bind up my hand for anything at all—it is not true that I ever kicked Miss Ferris downstairs, or rushed after her while going downstairs and kicked her—I never touched her in my life on any occasion, or used any violence of any kind at any time—I never gave six £5 notes to Miss Bartlett to take care of for me—I never had six £5 notes—as a matter of fact, I was in October and November very short of money—after leaving Mrs. Clarke's employment. I pawned my things from time to time to provide money—Miss Bartlett did pawn a Watch and chain of mine for £2 10s.
Cross-examined. One pawn-ticket is dated December 21st—Ferris's mother pawned some things for me—I do not remember when I separated from my wife—I undertook to pay her 10s. a week, and I made that pay ment as well as I could—I did not send her money after my marriage with Miss Bartlett—I was married to her in June, 1896—I will not swear that I was not still sending money to my wife, because I discovered after my second marriage that she was alive. (Looking at a card)—yes, I did my best to send her money from time to time—I had, of course, to give money to Miss Bartlett as well, and to do what I could to support her and her children—the earliest of the pawn tickets is in December—I have no others, unless Miss Bartlett has any of mine to show—I never supported
Miss Ferris, only to a certain extent—she had very little money from time to time—I never spent the least money upon the publican's wife—she left the public-house with me of her own accord—I aid not defray the expenses—I only had my money when I left—I did not have these four women on my hands at once—Miss Bartlett had not had any money for a fortnight—Ferris I had not seen for several weeks, and I had not given her any money for a long time—I had no conversation with her about this robbery—all she knows is what Clarke and Selwyn have told her—the robbery might have been talked over occasionally—I say that the whole of her story with regard to my confessions to her is absolutely untrue, and I say that, with regard to Mrs. Bartlett, it is simply a matter of revenge—I know a Mr. Collins, and, as far as I know, he has a wife—I never quarrelled with him—I never told Mrs. Bartlett that I had nearly strangled him—I believe he is employed as a boots at the Hotel Cecil—as far as I know, his wife is not to be seen in the Strand; she works at Swan and Edgar's—there is not more than one lady in the case—I have known Mrs. Clarke about twelve months—I entered her service when she had a flat at Ashley House, Shaftesbury Avenue—I had not known her previously—I was merely buying things for her whilst she was at Ashley House; silver, and things for her house—I was not in domestic service—she always appeared to me to be very flush of money—she had not a bill of sale on her furniture then, that was after she came to Ovington Gardens—I have no idea where she got the money from, as far as I know, Mr. Clarke kept her—became there as Mr. Clarke—he supplied her with money—she had the bill of sale on her furniture after we had been there 6 or 7 weeks; I cannot say the date; before September I think, August I think—she then had plenty of money, as far as I know—Mr. Diprose was the man who advanced the money, on the bill of sale—I do not know that he is a money lender—I have done business with him—I have borrowed money on behalf of friends—he allows me a commission—he allowed me a commission on introducing Mrs. Clarke—I only know him by the name of Diprose, 4, Cimberwell New Road—Mrs. Clarke left Ovington Gardens about a fortnight or three weeks after the robbery—I remained there till she came back, and afterwards for Mr. Diprose—he paid me wages—Maple and Co. furnished the house for Mrs. Clarke.
Re-examined. She had some furniture from an aunt—it only filled the dining-room—I do not know whether Mr. Clarke supplied that—she was there altogether a very short time—I think about three months at the out-side—I did not know that she was going to leave there suddenly; I was surprised to hear she was leaving—I believe she knew Mrs. Selwyn when we were at Shaftesbury Avenue—Mrs. Selwyn used to call at the house once or twice a week, I think—I never, to my knowledge, saw her wearing jewellery—I had no idea that she was possessed of a considerable quantity of jewellery—Mrs. Clarke had a lot of her own—I had been to Mrs. Selwyn's house about 3 or 4 times to take a message for Mrs. Clarke, if I knew she was there—Sullivan was at home on September 28th as well as myself; she was not able to go out; she had neuralgia—Mrs. Clarke would not allow me to go out—I had to stay at home—I did not know there was nobody in Mrs. Selwyn's house—I took the four servants to the
end of the street—I did not know whether Mrs. Selwyn had more servants in the house.
By the COURT. Mrs. Selwyn made the acquaintance of Mrs. Clarke when she was in Shaftesbury Avenue—I knew her through Mrs. Lambert—I was doing some business for her at the time at Clapham Road—she was the wife of the publican—she went away with me—she was a friend of Mrs. Gant's—I left Ovington Gardens for good, about three or four weeks after Mrs. Clarke had left, I think—that would be somewhere about the end of October or the beginning of November—I got my situation as manager to Mr. Lambert's house about two months ago—Mrs. Clarke went from Ovington Gardens to Bailey's Hotel—I was doing business for her, shifting her luggage—from there she went to Clarges Street and Albemarle Street—my only employment was shifting her luggage about—she used to give me 7s. or 8s. a day, sometimes more—I do not know when she left England—I have not the remotest idea where she is now—I swear I have not heard from her since being charged with this offence—I do not know who introduced me to Mr. Apps, the solicitor, who is acting for me—he is Mrs. Clarke's solicitor—as far as I know, she is paying the expenses of my defence; I am not paying them—I found myself represented by solicitor and Counsel at the instance of Mrs. Clarke—I am not a judge of jewels—when I said just now that Mrs. Clarke's jewellery was worth £3,000 or £4,000 I was only going on her own word.
By MR. SYMMONS. I have never dealt in jewellery in my life—I have never been upstairs to Mrs. Selwyn's bedroom, I have only been to the front door.
By a JUROR. I do not know where Sullivan is—I believe my solicitor have tried to find her—they have advertised for her, but without success—she is not here.
GUILTY .— Three Years' Penal Servitude on the bigamy , and Seven Years' Penal Servitude on the burglary indiciment, to run concurrently.
OLD COURT.—Friday, April 14th, 1899.
Before Mr. Justice Grantham.
DR. O'CONNOR Prosecuted.
ELIZA WILLIAMS . I live at 30, Shepperton Road—I am the wife of Herbert Benjamin Williams, and the daughter of the prisoner—about 8.40 a.m on February 22nd I was in bed with my husband; he is the occupier of the house, and we have three rooms there—we sleep in the back room, and there are folding-doors—I heard someone turn the handle of the bedroom door—I called out, "Who is there?"—I received no answer—I called out again, and immediately the door was broken open, and my father entered the room—he took hold of my right hand, then commenced swearing—he said I was like my dirty——mother—then he took this large knife (Produced) from his pocket and plunged it into my side, and then pushed it in further—as I was getting over the bed I received
another stab in my left breast—my husband rushed round the bed to get hold of my father, but my father pushed him under the mantel-piece, and I saw him try to rip my husband's stomach open—I caught hold of the knife and pulled it on one side, and was holding it, when my father pulled it through my hand, which was cut; he then pulled us out of the room into the passage—he is a very powerful man, and my husband had only just got up from a bed of sickness—I saw Mrs. Charlton, and said, "My father has stabbed mo in the side"; she opened the street-door and called for help—our room is on the level with the street—we all fell down in the passage, and I do not remember anything else—after a time I recovered, and was attended by a medical man—I never had any reason to complain against my father, but he had not been a kind father to me—he has threatened me before. On February 14th my mother came to me for protection from my father, and I let her stay a little while—she asked me to go to her home to get some of her things—my father came home while I was there; he told me to leave the things alone, and he insulted me, calling me dreadful names, and he threatened to take my life—I had to get protection; I went to the Police-court and took out a summons against him—he lives at Wheathampstead, East Lane.
HERBERT BENJAMIN WILLIAMS . I am an American organ maker, of 37, Shepperton Road, and the last witness is my wife—on February 22nd the first thing I remember was the door being burst open, and the prisoner came into the room and commenced swearing at my wife, when, suddenly he pulled a knife from his pocket and plunged it into her stomach—I tackled the prisoner, and tried to get the knife away from him, and he tried to rip my stomach open—he got me against the mantelpiece, and plunged the knife at me, my wife caught hold of it; the prisoner forced me by my shoulder—I got the knife away from him, and we struggled cut into the passage, where I fell down exhausted—the prisoner had not been stopping at the house.
Cross-examined by the Prisoner. You did not knock at the door and ask if your wife was there; you burst open the door—your wife was not there; I knew where she was.
ADELAIDE CHARLTON . I live at 37, Shepperton Road—on the morning of February 22nd I heard the side door into the house open, and then I heard a noise—I went upstairs to see what it was, and I saw Mr. and Mrs. Williams struggling with the prisoner—I had seen him at the house before that day—Mrs. Williams said that he had stabbed, her—I went and opened the door, and called for assistance—Mr. Schmidt on the opposite side came across and 2 other men, whom I did not know—I saw the knife; I picked it up in the passage—I went with Mrs. Williams into-the bedroom.
FREDERICK SCHMIDT . I am a baker, of 32, Shepperton Road—on the morning of February 22nd I saw some people stop on the opposite side of the road, and ran across—the door was open, and I saw Mr. Williams lying on the floor, with a knife in his hand—I took hold of his hands and said, "Take the knife from him"—the prisoner took it away—then one of the ladies said, "Oh, he has got the knife again"—I saw that the prisoner had the knife:—then I realised how matters stood and said, "Bring him
out"—there were one or two men there—we brought the prisoner out, and he went away—a little while after, two policemen brought him back.
RICHARD SARGENT (Sergeant, 52 N), About 8a.m. on February 22nd I was in Shepperton Road—I went to No. 37, and when I got within 30 yards of the house the prisoner shouted out, "I am the man you are looking for; I have been twenty minutes waiting for you"—not knowing what had occurred, I took him back to the house, where I Saw Mrs. Williams had been stabbed—I sent for a doctor, and the prisoner was detained in the passage—I asked the doctor if he wanted assistance, and he said, "Yes," so I sent for another doctor—I took the prisoner to the station—on the way he said, "I am sorry it is as it is; I wish I had killed her; she has broken up my home. They cannot say t did it in drink; I did it in cold blood; I have walked 8 miles, the other side of Hatfield, to do it; I could not do it there."
WILLIAM HENRY KERSHAW . I am a registered medical practitioner, of 6, Southgate Road, Hackney—I was called about 8.55 on February 22nd—I found a female patient on the bed at the house, in a semi-collapsed state—the bed-clothes were very much disarranged, and there was a good deal of blood on them, and also on her nightdress—I found a wound in the upper part of her left breast, and another just below the foreast bone; each of them was 1 1/2 in. long—the upper one was about half an finch deep—it was a gaping wound—the lower one had penetrated the abdominal wall—it was by far the more serious of the two—the omentum was cut.—it was dangerous because of the liability of hemorrhage and peritonitis—on the right hand there was a wound running from the lower part of the thumb to the first finger—on the left hand the middle and third fingers were cut across—I think they were cut by her grasping the knife in the struggle—the cut on the third finger of the right hand would not heal on account of the dirt on the knife, and she has lost a considerable a mount of power in the joint of the thumb.
By the JURY. More force was used in the wound in the stomach than in the breast—if she had not been a stout woman it might have been serious—I also attended to the husband—he had a deep wound, 1 1/2 in. long, on his left hand, another small wound on the tip of his third finger, and 2 other wounds on the middle and third fingers of his right hand—it looked as if they were caused by the grasping of the knife—Mrs. Williams was confined to her bed till March 17th.
CHARLES COLLETT (Police Inspector, M). I was at the Police-station on February 22nd, when the prisoner was charged—Frederick Williams was present—the prisoner said,." If a man is a man, he will look at a man; if he is a scoundrel, he will turn his head away. This job has been going on for 18 months; there is only one thing, I wish I had finished the pair of you, you b——scoundrel. You are a lucky man to be alive"—after the charge was read over he said, "I wish I could have another smack at them"—the prisoner was admitted as an inmate to the Three Counties Asylum on December 19th, 1893—he remained there a few months, and then got away without leave—he did not go back, and if he is not apprehended within a certain time, he has to go through the formality of being certified again—he was found wandering at Luton by the police.
the prisoner under my observation since February 28th—I have no reason to suppose that he is a lunatic.
The Prisoner's statement before the Magistrate: "I have nothing to say, only to deny what Inspector Collett has just said."
(The Prisoner in his defence said that he thought his daughter was going to take all his things away, that he had been drinking for 9 or 10 days, and that he was very sorry for what he had done.)
GUILTY.—Recommended to mercy by the JURY, he having been confined in a lunatic asylum . He then Pleaded Guilty to a conviction of felony on October 18th, I887, and other convictions were proved against him.— Seven Years' Penal Servitude.
NEW COURT.—Friday, April 14th, 1899.
Before Mr. Recorder.
316. ERNEST GRAY, RALPH WEBB , and RICHARD ALEXANDER SLATER (45) PLEADED GUILTY to unlawfully conspiring to obtain cheques for £306, £265 18s., £207 15s. 7d., and other sums, from R. and H. Parnell and Co. by false pretences.
MR. WHITE Prosecuted.
ALLAN HUTCHINSON . I am a labourer, of 160, High Street, Brent-ford—on Saturday, March 18th, about 11 p.m., I was in the High Road—I had had a little drink, but knew what I was doing—I saw two men fighting, and went to see what they were doing, and got shoved on the ground by a foot, not by a blow—I could not see who did it; it was very dark—one man put his hand into my left pocket and took 15s. out; they held medown—there were three or four people there—they kicked meseveral times, and then ran away—a man came up, but I got up by myself—I informed the police, and went home—I did not go to a doctor—I was bruised on my back and the muscles of my arm—I did not suffer much.
ARCHIBALD SANDERS . I live at Acton Green, and am verger of a church—on Saturday. March 18th, about 11.15 p.m., I was coming from the church and got in the road, and saw two men on the ground—I thought they were drunk, and stood there three or four minutes to see what they were up to—they were the prosecutor and the prisoner Coleman—I saw nobody else—Coleman had his hand in the prosecutor's pocket, and another man whom I cannot identify, came up—Coleman stood up and held his mate by his shoulders, and gave the prosecutor a kick on his back as hard as he could while he was lying on the ground—I turned the key, and they must have heard it, or heard the latch go, as they both ran away—I am certain that Coleman kicked the prosecutor, and I thought he held his mate to
steady himself and give more substance to his kick—it was a violent kick, but only one, because he had not time before I came up—I had never seen Coleman before, and I did not see his face—I identified him at the station, among 12 other men, by his clothes—I had not given the police a description of him—I had no difficulty in picking him out.
ROBERT LYNCH . I am night watchman to the London United Tram-ways Company—on March 18th, about 11.30, I was on duty in High Road, Chicwick, near the Crown, and the two prisoners came up and asked me for a light—I told them they would have to go away as soon as they had got their light, because they had been drinking—they went 20 yards away and started fighting—I am sure they were the prisoners; I knew them well personally—they fought about 10 minutes, and I saw them 20 minutes afterwards coming down the opposite side of the road, one on each side of the prosecutor, holding him by his arms—he said, "I don't want to fight; leave go of my arms"—he had had some drink, but he was not drunk—they went as far as St. James's Church—I heard a scuffle, and they were all three on the ground together right opposite me and my fire—I heard a heavy kick, and they ran past my box, and one said, "We have very nearly settled him "; the other said, "I have got four bob," meaning 4s.—Coleman had been to my box that night before, and got a warm, and went away—the prosecutor spoke to me—I went to the station on the 19th, and identified Coleman and Brown among a dozen other men—I knew Brown perfectly well before.
CHARLES WHITEHORN . I am an oilman, of 30, Stone Hill Road, Gunnersbury—on March 18th, about 11.15, the two prisoners, whom I knew before by sight, came up to me in Chiswick, and asked for money and fags; they are cigarettes—I gave them some, and they went to the watch man's fire, and when they went away I went up to the watchman—about 20 minutes afterwards I saw them sparring outside a doctor's shop—I missed them again, and saw them a third time, one on each side of the prosecutor, who said, "Leave my arms alone; I don't want to fight"—they walked on as far as Gunnersbury Church, and I saw all three men fall on the ground together—they were on the ground 3 minutes, and the two prisoners got up and ran away—they passed about 10 yards from me—I heard one say, "I have got 4s.;" the other said, "We have pretty near settled him"—I was waiting for my master by the watchman's fire, and the watchman and I went to the man's assistance, and went to the station with him—I picked out Coleman at the station from a number of men on the Sunday night, and on the following Tuesday I picked out Brown from about a dozen men—I was only a few yards from the men on the ground, but did not go up to the m, because my arm is paralysed.
Cross-examined by Coleman. I have seen you before at Kew Bridge—the officer told me that if I saw either of you I was to pull my handkerchief out and blow my nose—I did so, and you were taken to the station and put with the other men, and I picked you out.
HENRY FOWLER (Detective Sergeant, T). I arrested Coleman about 8 o'clock on the 19th, the day after the robbery, outside the Star and Garter, Kew Bridge—Whitehorn was with me, and in consequence of what he said I went up to Coleman and said that I should arrest him for assaulting and robbing another man of 15s. in High Road, Chiswick—he said,
"I think you have made a mistake"—I took him to the station, where he was placed with Dine others, and Lynch and Sanders picked him out—he was also picked out by Whitehorn—I charged him; he made no reply—at 10 o'clock on the Tuesday morning I saw Brown very near the same spot; I said, "I shall take you in custody for, with a man named Coleman, violently assaulting a man named Hutchinson, and robbing him of 15s."—he said, "I have not assaulted him; I can prove where I was"—he was identified at the station—he said, "I know the man; it was Coleman knocked him down; I never had any of the money"—he called no witnesses before the Magistrate.
The Prisoners' statements before the Magistrate: Coleman says: "I was fighting there with some other man, but I never robbed the man." Brown says: "I never robbed the man."
Evidence for Coleman,
JOHN DAVID COLEMAN (The prisoner). On Sunday night, between 11 and 11.30, on my way home, just before I got to Lynch's fire, I met Brown—he said, "Halloa! have you got a fag in your pocket you can give me?—I produced four; we went to the witness's fire, and said good night—I went on and saw Brown running on his toes behind me—I said, "Where are you going?"—he said, "Home"—I said, "You do not live this way"—he said, "I do," and put his hand on me—I gave him a shove, and the prosecutor came up, and interfered and struck out at me—I closed with him, and we fell, my head striking the ground, and I saw him with his hand in the prosecutor's pocket—I ran after him and said, "You have robbed that man"—he said, "I have not"—I said, "You have got the money in your hand"—he said, "I have not," putting it in his pocket—I ran after him 400 yards, and did not see him again till he was committed for trial.
Cross-examined by MR. WHITE. I had had one or two half-pints of drink—Lynch said, "Now, my lads, go home."
Cross-examined by the Prisoner Brown. I did not begin knocking you about, nor did I deliberately strike the prosecutor down.
Brown's Defence. I am innocent of it; I did not strike the man, or take his money. GUILTY .—BROWN then Pleaded Guilty to a conviction at the West London Police-court on March 28th, 1898, and two other convictions were proved against him,— Twelve Months' Hard Labour. Three convictions were proved against COLEMAN— Fifteen Months' Hard Labour.
OLD COURT.—Saturday, April 15th, 1899.
Before Mr. Justice Grantham,
an office at Kingston—my private address is St. Clair, Hampton Road, Teddington—I am a Magistrate in Middlesex, Chairman of the Teddington district, and Clerk to the Kingston Guardians—my wife is still alive; for many years she has suffered from heart disease—on December 29th I found this letter and envelope (Produced) at my office—I was completely stunned at the time by it—I was advising one of my Committees at the time, and I was hardly able to go on—my first thought was of my home; I complied with the request, and when I got home I gave the letter to my wife, and told her that I had sent the money—I sent it to 554, Old Kent Road; 2 new £5 notes. (This letter, signed "T.J. Adams," and dated December 28th, stated that the writer was aware of certain indecent practices which the prosecutor had been carrying on, that he could produce 4 witnesses, but had no desire to cause a public scandal, or make a practice of blackmailing, and if £10 in unregistered notes was sent him, the prosecutor would never hear more of the matter, but if he attempted to discover the writer's identity, or delayed in sending the money, he would have to make it public, as an acquaintance of the prosecutor's would be only too pleased to secure information; that he had no desire that these details should reach the ears of Mrs. Edgell, but that he must have the sum by Saturday at latest; that if he did not hear at once he should conclude that the prosecutor intended treating the letter with contempt, and he should act accordingly; that if he did remit the writer would leave the country immediately, and that he had mentioned the lowest sum he could possibly manage with. The notes were not to be registered, or cheques sent, but that the writer expected reply by return)—on January 3rd I received this letter. (Signed "G. T. Adams, 1" and asking for another.£10, and for the sake of all parties, not to fail, and that if it were sent the writer would won be many miles away, and as silent as the grave)—I did not comply with that request—the next communication was by this telegram, dated January 5th: "Edgell, St. Clair, Hampton Road, Teddington. Urgent letter awaits you at Kingston office.—ADAMS"—on the morning of January 6th I found this letter at the office, marked as the others, "Strictly private, most urgent." (Dated January 5th, and signed" F. J. Adams"; saying that the writer was surprised not to have received an answer to his letter of last Monday, that he was in an awful predicament, and that if he did not have the £10 he would be driven to desperation; that this was his final application, and that he left the matter in the prosecutor's hands; that if he would assist him he would keep his secret as a brother Mason, and that he had got the numbers of the notes already sent for their mutual benefit)—I made some private inquiries, and found that 554, Old Kent Road and Silver Street, Blackfriars, were both places where letters were taken in—on February 6th I received this letter, dated February 4th, marked "private and urgent," apparently in the same writing; the initial are different in each case; this is signed C. J.(This stated that it writer was in a state of desperation, and made this final appeal, and that if he did not hear at once he must obtain the other party to help him, and that he left the matter in the prosecutor's hands, only reminding him that it was the very last time)—the address that time was Vining Street, Atlantic Road, Brixton; I followed that up; it was a barber's shop—I
had not the slightest idea who could be the author of these petitions—a person had just left Teddington whom I wag on the very best terms with—on Tuesday, February 7th, I sent this telegram from Teddington; "Adams, Vining Street, Atlantic Road, Brixton. Mr. Edgell can see you at the office today before I"—I sent that because I had no intention of having any correspondence with this correspondent, unless it was face to face—the appointment was not kept—the next I heard of it was on February 14th, when I received this letter. (Dated February 13th, signed "C. J. Adams" and regretting that the former appointment had not been kept, but owing to illness the writer had not been able to go out; that if he received, the money the matter closed at once, and he would never address the prosecutor again, and if it did not come he should be compelled to get help)—I answered that by a telegram on February 14th, "Know Parkinson; no communication, interview or nothing"—I was making inquiries at that time, and the only person I could imagine could be in such desperate condition was a man named Parkinson, who had recently left our neighbourhood—I did not think he could have been the writer, but I knew he was exceedingly pressed for money—I received this telegram on February 15th: "Wire what time see you.—ADAMS "—that was from Acre Lane—on the same day I received this telegram at my private house: "Send wire, no reply, letter or telegram making appointment tomorrow.—ADAMS "—on the same day I sent this telegram making the appointment to "Adams, Vining Street, Brixton, 9, Fleet, Street, top floor, Saturday morning, 10.30. No other appointment"—the offices at 9, Fleet Street were my brother Harry's—I spoke to him about it, and he lent me his offices—on Saturday morning I went there; I was very late—I found my brother there, and the prisoner Fletcher was sitting at his table—I heard my brother say, "Write your name"—the prisoner took a pencil, and wrote something on this paper(Produced), "C. J. Adams"—my brother said, "Now write your own name"—he answered, "That is my name"—my brother said, "No; write your own name," and he again said, "That is my name"—my brother said, "What do you want?"—he replied, "Nothing"—my brother said, "Why are you here?"—he said, "In reply to your telegram," or "In answer to your telegram"—my brother said, "Do you retract the contents of those letters?"—he replied, "Yes"—my brother asked him to write a statement to that effect, which he declined to do—then I think he said, "Then there is nothing else?"—my brother replied, "Not that I know of"—Fletcher then went away—when I got home that night this telegram was handed to me, open, by my wife: "Shall bring living proof; in possession of wires, etc."—I was very much distressed, as my wife had opened it—I put myself into communication with the police—I wrote this letter on Sunday, the 19th. (Addressed to C. J. Adams, Vining Street, Brixton, and signed by the prosecutor', making an appointment for the following Lowing Tuesday, at 7 p.m., as the clerks would then have long left the premises, and saying that as the correspondence had had such an effect upon his health, he must give him another £10)—on the Tuesday evening I went to my office at 7 o'clock with two detectives, Thomas Magner and Walter Easter—they had the run of the office, to make their own arrangements in—they were in—such a position that they could hear what took place between
me and my visitor—about 7.10 I heard footsteps downstairs, and I called from upstairs, "Who is there?"—I got the answer, "Adams"—I said, "Come upstairs to my room"—the prisoner Fletcher came up, very well dressed, walked into the room, and took a chair by the fire—as he came in I said, "What is your name?"—he said, "Adams"—before I could ask him a question he began to say how exceedingly sorry he was for all that he had done, and the letters he had written—I said, "But who are you? What is your name?"—he said, "Adams, the same as you saw at Fleet Street on Saturday, but I found I was talking to the wrong gentleman"—I said, "But who are you, Adams? What do you know about me?"—he said, "I am exceedingly sorry for the pain I have caused you; if you will help me this time, may God Almighty strike me dead if you ever hear of me again"—I said, "Are you the man who has been writing me these cruel and scurrilous letters and telegrams during the last six weeks?"—he replied, "lam sorry to say I am"—I said, "I must have some assurance that these persecutions will cease; I do not know you"—he repeated, "If you will only help me this time, I swear to God you shall never hear anything more of the matter"—I said, "I shall require something more than verbal assurance; will you sign an assurance to that effect?"—after some hesitation he said, "Yes, certainly "; I said, "Now pay attention to this which I have written," and I produced this document to him: "I hereby acknowledge the receipt of the second sum of £10 asked for in my recent letters and telegrams, and promise I will never molest you again or charge you with the same acts of indecency"—I read that to him slowly and loudly, and he signed it in precisely the same way as he had written it at my brother's office, "C. J. Adams"—I told him that the effect of the past few weeks had quite upset the balance of my mind, and he expressed his regret—then I counted 10 sovereigns on to the table separately, so that the detectives might hear them—they were standing at the door; he picked them up, and entreated me to forgive him—I said, "I shall never forgive you; get out of my sight"—the detectives received him at the door—there was a short struggle, Magner said, "Are you Adams?"—he said, "No"—Magner said, "I heard you tell Mr. Edgell you were Adams; where is he?"—Fletcher said, "That is for you to find out"—he lit a cigarette just after that—since he has been in custody I have received another letter in the same feigned writing—I cannot say if that was before Cox was arrested—there was no address upon the letter; the date on the envelope is February 2 4th—it begins, "I cannot see an innocent man suffer; I wrote the letters."
Cross-examined by MR. OVEREND. I have been acquainted for 16 or 17 years with a family named Brooks—there are 3 brothers; Reuben and 2 younger ones—I know the younger ones; I do not know Reuben—I do not remember ever having had a letter from Reuben—I have never heard that either of the 2 younger Brookses passed under the name of Adams—I have pecuniarily assisted the second Brooks—when I showed Mrs. Edgell the blackmailing letter she was very much distressed—it was almost impossible to trace the £5 notes—after I had sent the notes I sent round to the police, and asked them to keep particular watch on my house; I thought somebody might come down—I did not show the police the blackmailing
letter because I chose to follow my own line—Parkinson had never received any sum from me; he had never made any application to me for money—I first put the matter before the police on February 17th or 18th, after I had first seen Fletcher at 9, Fleet Street—Fletcher saw me come into the room at Fleet Street—I am certain he did not say "I have come from Adams"—he said he was Adams—my brother did not say, "Write the name;" he said, "Write your name"—I think the signature has been compared with the writing in the letters by a handwriting expert—Fletcher did not say, "If there is anything wrong you can send for an inspector"—he said, "I will go to the Police-station if you like"—the letters received before Fletcher's arrest, and the one received after his arrest, appear to be in the same writing, though very much feigned—the autographs are identical—when Reuben Brooks' name was mentioned at the Police-court I did not take any steps to have him arrested—I know that there is a warrant out for his arrest—I know that it wan from the information given by Fletcher that the police were able to find his address.
Cross-examined by MR. MCMAHON. I do not think this telegram of February 18th is in the same writing as the letters—I made 3 appointments altogether, 2 were kept—I have never come across Cox at any time.
HARRY EDGELL . I am the brother of James Edgell—on February 28th I arranged to be at my office at 9.30 a.m.—I was punctual—my brother was not there at the time—Fletcher came in, and said in a sort of questioning way, "Mr. Edgell?"—I said, "I am Mr. Edgell; what do you want?"—he said, "My name is Adams; I have called in reply to your telegram"—I asked him what had caused the telegram to be sent, and he said, "You have had my letters, I suppose, and know their contents?"—I said I did, and after a pause he said, "Do you say 'No'?"—in a threatening tone—I said, "Who are you I"—he said, "Adams"—I took a little piece of paper, put it before him, and said, "Write it down"—he wrote, "C. J. Adams"—! took it away from him—just about then my brother came in—I gave the prisoner another piece of paper, and said, "Now write your real name down"—he said, "That is my name"—I said I did not believe it—he would not write any more—I asked him to repeat the substance of the letters—my brother was sitting there, too—the prisoner declined to do it—I said, "Will you retract them?"—he said that he would—I gave him another piece of paper, and told him to write his retractation down—he refused—I said, "What do you want?"—he said, "Nothing"—he said he had not come there to be questioned—then he said, "Have you any thing more to say to me?"—I said, "Nothing, till I am satisfied about your identity"—he went out shortly afterwards.
Cross-examined by MR. OVEREND. He did not say he did not know the substance of the letters, or that he was sent by Adams—he said I could send for an inspector if I liked—I do not recollect what led up to that—I had not used any threat of any kind.
JULIA CLARKE . I keep a newspaper and tobacconist's shop at 59, Blackfriars Road—on January 5th I saw Fletcher in the shop; he came for a letter in, the name of Adams; one had come for him by post; I gave
it to him, and he took it away with him—he came again 3 weeks later; there was no visit till then—he asked for a letter in the name of Adams; I said I had not one; he said he expected a moneyed letter; he said he ought to have had one—I said I had signed no register for the letter; he said it would not be registered.
Cross-examined by MR. OVEREND. He did not say he came for a letter for Adams—I knew nothing about him before this—I am quite sure he is the gentleman I gave the letter to—the first time I identified him he was in the dock.
Cross-examined by MR. MCMAHON. I never in my life saw Cox at my shop.
ERNEST BROWN . I keep a barber's shop at 7, Vining Street, Brixton—I take in letters—I know Fletcher as Fletcher; I know Cox as Cox and Adams—in February I was receiving letters for the prisoners at Cox's request—he came and asked me to do so on February 8th—he said the letters would arrive in the name of Adams—Fletcher afterwards came in with Cox, and they were together when it was arranged that I should receive letters and telegrams in the name of "Adams"—Cox was "Adams"—before that arrangement was made a telegram arrived for "Adams"—it arrived on February 7th—I had a customer named Hudson, who was receiving letters in the name of Adams, and that telegram was sent to him by mistake—on February 8th they came in together, and Cox asked if there had been a telegram come in the name of Adams—I said, "Yes," but that I had handed it to Hudson—it had not come back from him—after that some telegrams came in the name of Adams—Cox called for them—a letter came on February 20th; Fletcher came in, and I told him I had a letter for his friend, Mr. Cox, in the name of Adams—he said he would take it, and give it to his friend Cox.
Cross-examined by MR. OVEREND. I have known Fletcher about 12 months—he was in the habit of coming in to be shaved—I knew he had got a house in Brighton Place.
Cross-examined by MR. MCMAHON. Cox was an occasional customer—he was addressed as Cox by Fletcher—after February 8th, Cox did not come in again till the 14th, then on the 15th and 16th—that was the last I saw of him—the letter which came on the 20th was handed to Fletcher; I gave Fletcher an explanation of the telegram being sent to Mr. Hudson.
Re-examined. There was a telegram on the 16th.
JOHN HUDSON . I am a baker and confectioner, of Cold-harbour Lane, Brixton—I have had letters addressed to me at Mr. Brown's shop, a barber at Vining Street, Brixton—I gave the instructions just before last Christmas—I had forwarded to me in the early part of February a telegram making an appointment at an office, and purporting to come from a Mr. Edgell—I saw it was not for me, and I destroyed it—I know nothing of the 2 prisoners, or about the writing of these letters.
THOS. WEBB MAGNA (Detective Officer). On Saturday evening, February 18th, I saw Mr. Edgell at the Teddington Police-station, and in consequence of a conversation with him I went to his private house on Sunday,
the 19th; under my advice, the letter dated February 19th was written by Mr. Edgell, making an appointment at his office on Tuesday, February 21st—on the Tuesday evening J attended at Mr. Edgell's office, with Sergeant Easter, to keep observation—about 7.5 Fletcher entered the lower part of the premises, and Mr. Edgell, who was standing on the landing, said, "Who is there?"—he got the reply, "Mr. Adams"—Mr. Edgell requested him to come upstairs, and while he was ascending the top flight of the stairs said to him, "Are you the man who has been writing me these menacing letters"—Fletcher said, "I am sorry to say I am"—Mr. Edgell said, "Come into my room"—they went into the room, and the prisoner said to Mr. Edgell, "I beg of you, dear Mr. Edgell, to forgive me; I was driven to do this through want, and I swear by God you shall never hear from me again"—Mr. Edgell said, "But I sent you £10 a short time ago," and he replied, "Yes, I know you did, and I would have left the country if I could"—Mr. Eldgell said, "But I do not know you, Adams; what do you know about me?"—ho replied, "Nothing"—then Mr. Edgell said, "Then who told you to write those letters and telegrams to me?"—he replied, "No one"—Mr. Edgell said, "What is your name?"—he replied, "Mr. Adams; I saw you at Fleet Street on Saturday last, but I found I was talking to the wrong gentleman"—Mr. Edgell said, "Your conduct during the past two months has been cruel, and you have completely broken my heart, and the effect on my heart has broken my nerves; do you still insist in what you say?"—he said, "No"—Mr. Edgell said, "Do you still insist on getting the £10 to buy you off this cruel persecution?"—Adams replied, "Dear Mr. Edgell, you give me this £10, and may God Almighty strike me dead if I ever trouble you again, and may He paralyse me if I do it; I know in my heart that you have been the victim of a most cruel accusation, but I was driven to make it through want"—Mr. Edgell said, "Is it likely I am going to comply with your demand?"—the prisoner said, "For God's sake, let me have £10, and I am out of the country tomorrow, and you shall never hear from me again"—Mr. Edgell said, "If I comply with your request I want some-thing to protect myself against you in writing; your verbal assurance is not sufficient for me that you will cease these menaces; I suggest to you that you give me your signature"—then Mr. Edgell read out a document which we had previously arranged, and the prisoner signed it—then Mr. Edgell counted out £10 in gold on to the table—I could hear it counted out—the prisoner put the money into his pocket and said, "Do you forgive me, Mr. Edgell?"—Mr. Edgell said, "No, I shall never forgive you for the wrong you have done me," and he directed him to leave his office at once—I and my companion met him outside the door—I told him we were police-officers, and should take him into custody for demanding money by menaces—he said, "Get out of the way; what do you mean?"—he struggled to get down the stairs—he was knocked down, and the money and several documents were taken from his band—I said, "What is your name?"—he said, "Find out"—I said, "Is your name Adams?"—he said, "No, it is not"—I said, "You just told Mr. Edgell your name is Adams"—he replied, "I tell you it is not"—I said, "Where is Adams, then?"—he replied, "That is for you to find out; I was told there was money to be got out of Mr. Edgell"—then he said, "I am only
collecting a debt for another man, who told me to sign anything I was asked; 1 can explain all about this if you let me go—he was taken to Teddington Station, and subsequently charged—on March 1st, on information received, a warrant was issued for the arrest of Cox, and on March 2nd I went to the Brixton Police-station and found him in custody—I told him I had a warrant for his arrest—he said, "If I knew there was a warrant out for me I would have spared you the trouble of having to come for me"—I read it to him—he said, "I have been a tool in the hands of the man Fletcher, who was arrested last week"—I then left the station for Teddington with the prisoner—on the way he said, "You are at liberty to make what use you like of what I am going to say: Fletcher met me a little time ago, and said to me, ' Jack, old man, I am expecting some letters or telegrams at 7, Vining Street, in the name of Adams; they know there that my name is Fletcher, and as you are not known there, will you call and get them for me?' which I did"—before the Magistrate he went into the witness-box and gave evidence. (MR. OVEREND submitted that the evidence of Cox taken before the Magistrate was not admissible, as it would reflect upon the case as regarded Fletcher.
MR. MATHEWS contended that although the Criminal Evidence Act was silent in respect to that point, and although it was the first time the point had arisen, it was admissible, in which MR. JUSTICE GRANTHAM concurred)—this original telegram was handed to Cox at the Police-court, and he said that he sent it—he said he went to the post-office with the telegram written on a piece of paper, that the clerk objected to take it, and that he wrote it out on the form himself and sent it—the other officer searched Fletcher.
Cross-examined by MR. OVEREND. I went up to the first-floor landing at Mr. Edgell's offices—I gave directions that the door where Mr. Edgell and Fletcher were should be left open—I had no boots on, and I stood close to the door; I swear I could overhear every word which passed between them—I have made inquiries about Fletcher—I do not know that he was not destitute; he had 4d. on him—he said that in connection with Cox they were engaged in a picture business, and had just made £150, but they did not tell me where it was—when Mr. Edgell spoke to Fletcher he did not say that he came from Adams—he did not say that Adams was in a destitute condition—I did not hear him mention the name of Brooks, alias Adams—Fletcher did not say he had come from Asanas for money from Mr. Edgell—he did not say, "I was told to sign what I was asked to sign"—I made the entry in my book before I left the room: Fletcher was still there—I did not hear the name of Brooks mentioned till I was at the Petty Sessions—I heard it mentioned between Fletcher and one of his friends—I went to Fletcher's house after his arrest, and saw Mrs. Fletcher—I did not take the name of Reuben Brooks; Easter did—an attempt has been made to arrest him—we had no evidence to go upon; an officer went to his address—I do not know that he was said to have gone to Scotland via Waterloo Station—everything has been done by the police to arrest Brooks, as soon as information was obtained—slight as it was, an application was made to the Magistrate, and every endeavour has been made to arrest him, and he would have been arrested I was not for certain other members—I do
not know that all the information with regard to Reuben Brooks and the 2 younger Brooks', was supplied by Fletcher and Mrs. Fletcher, who told me that she had served subpoenas on the 2 younger Brooks', to attend here—the warrant was not in the hands of the police for a considerable time before they went to the place where the bird had flown from.
Cross-examined by MR. MCMAHON From what Cox said he knew that Fletcher had already been arrested—it appears that Cox remained quietly at home between February 21st and March 2nd—I heard him give evidence at the Sessions; I heard that he had a contract for some pictures; I do not know that that is correct.
Re-examined. Cox said that he knew Fletcher for 13 years; both the wives of these 2 men keep lodging-houses; they are about 10 minutes' walk apart—Cox said that he was waiting for Fletcher in Fleet Street while the interview at 9, Fleet Street was going on—he said he had come up to town in Fletcher's company that morning, and they remained in each other's company nearly the whole of that day till the sending of the telegram.
WALTER EASTER (Detective Sergeant, W.) I was present at Mr. Edgell's office on February 21st—I searched Fletcher there; I found 2 telegrams on him, and this letter (Produced)—he was taken to the Police-station. At Hampton Wick railway station he said, "I would not have done this had I not been driven to it; I must have been mad to write and bring such a charge against an innocent man; I hope you won't charge me"—he was detained.
Cross-examined by MR. OVEREND. He did not say that the documents were given him by Reuben Brooks to take to Mr. Edgell—he did not say anything about coming to receive money for another person; I could have heard it if he had said it—I circulated a description of Reuben Brooks to the Metropolitan Police, but have failed to find him—we started keeping observation on the day we received the information—I did not inquire at the house for Reuben Brooks; it was not thought advisable—when we did go there we were told that he had gone to Scotland via Waterloo Station—Mrs. Fletcher declined to give me his address; I think she could, and if she had he could have been arrested—I had the address of Brooks the very night that Fletcher was arrested, but I did not know that he had anything to do with it—I had not enough information to justify me to get a warrant against him—Brooks had gone before we got the warrant at all—I do not know that Mrs. Fletcher has served subpoenas on the 2 younger Brooks,—I have not made inquiries about Fletcher.
Witnesses for the Defence.
OLIVER FLETCHER (The prisoner), I know the Brooks—they are my half-brothers—the eldest is named Reuben, and the 2 younger are Theophilus and Wigmore—in the latter part of last year Reuben Brooks came to live in Brighton Terrace, where I live—he owed me £4, and he came to me and said, "I know a Mason, and if you will go and collect some money from him you can deduct that £4, and give me the rest"—that was in February he told me that—I knew nothing about his having December received the £10 before—I never heard of the name of Edgell in December—Brooks told me to sign in the name of Adams—I swear I never wrote a letter to Mr. Edgell; Brooks told me it was a Masonic affair—he
asked me if I knew of a place where he could have telegrams addressed—I said I did not know of one—he asked me if he could have them addressed to my house—I said I did not want them to be addressed there in a fictitious name—I said, "Perhaps I can find you a place," and I mentioned Vining Street—a telegram came for him: "Meet me at my office, 9, Fleet Street," and Brooks asked me if I would go up—I went and knocked at the door, and I heard a voice say, "Come in"—Mr. Harry Edgell was sitting there—he said, "What is your name?"—I said, "I have come in answer to your telegram in the name of Adams"—he said, "Write your name on this piece of paper"—I said, "I will write C. J. Adams,' whom I have come for"—the door opened, and the other Mr. Edgell came in, whom I afterwards knew as the man I ought to have seen—Mr. Harry Edgell said, "What do you demand?"—I said, "The business seems very funny tome; if there is anything wrong you had better send for a police-inspector"—I cannot remember all the conversation, but he said, "Have you done now?"—I said, "I have done now, as far as I am concerned"—I met Brooks in the afternoon in Salisbury Court—I am a householder in Brixton—I had just drawn £250 from a man in Portugal Street—I was in the billiard-room of the Barley Mow, in Salisbury Court, when Brooks came in—he said, "Have you got the money for me?"—I said, "No; I do not care about it"—he said, "It is a Masonic affair"—he wrote out a telegram, and asked me to send it—I said, "You can give it to Cox"—he said, "Cox is not in the bar"—I took the telegram and handed it to Cox downstairs—I went home about 1 hour after—Brooks got a letter on the Monday, and I went down to Kingston on the Tuesday, at his direction—he showed me the letter and said, "If he (the prosecutor) says anything, show him the letter; you don't understand it, but if you go you will get the money this time"—it is not true that the first words I used when I got to Kingston were "I am very sorry indeed"—a voice said, "Come upstairs"—I never heard anything about Adams—the place all seemed very quiet; there was no one there—I went upstairs, and Mr. Edgell was in the room—I believe he said, "Follow me in here"—we went in, and Mr. Edgell closed the door—he said, "What did you do with the £10 I sent you before?"—I said, "I have had no £10; I have come down with a letter from Mr. Adams"—he said, "Sign this paper"—I do not remember him reading it—I signed it "C. J. Adams"—he counted out the money, and then the detectives came in and knocked me down; I was bruised and sore all over—they took my watch and chain and papers—I did not make any confession to the detectives; I wanted a bottle of ginger beer, and they would not let me get one; I wanted to light a cigarette, and they would not let me—after I was taken into custody I said, "This is through Reuben Brooks; I did not know it was anything of this sort; if I had I would not have gone there, if there had been £1,000 attached to it"—I was very anxious that Brooks should be arrested, and so was my poor wife—after I was arrested, on the Tuesday, they never let her know till the Friday that I was under arrest—she has subpoenaed the Brooks,—one of them has absconded.
Cross-examined. I first had a conversation with Brooks about the Masonic business in February—I never called at Mrs. Clarke's for a letter
in the name of Adams—Reuben Brooks is very much like me—Mrs. Clarke is mistaken in supposing that I am the person who went there on January 1st or 3 weeks later—I have known Cox 13 or 14 years—I saw a great deal of him in January and February, and last year, too; he is a companion of mine—I went to Mr. Brown's, the barber, 3 or 4 times a week—very likely I was there with Cox on February 8th—Cox asked that any telegrams which came in the name of Adams might be taken in—he gave me the telegram of February 14 th; it was for Brooks, who was out-side—he took it—I had it again to go to Kingston with—I did not go to the shop on the 15th—Brooks gave me the telegram which made an appointment for the 15th—I kept the appointment made in the telegram—afterwards I found Cox outside, who had come up to town with me; he was in Chancery Lane, opposite—we went to the Barley Mow—I got the threatening telegram from Brooks; I gave it to Cox, with instructions to send it; I saw him after he had sent it; he told me he had sent it; Brooks gave me the money for it, and I gave it to Cox, who returned the change to me—I did not see Cox on the Monday; I went to Brown's the day I was arrested—I received from him the answer to the telegram—I did not open the letter—I do not know anything about hush money; I thought it was a Masonic matter—I do not remember ever saying that I would not have done this if I had not been driven to it—I did not say,. "I must have been mad to write and bring such a charge against an innocent man."
Re-examined. I had not done any wrong that I knew of.
MR. MCMAHON submitted that there was no evidence to go the JURY as regarding the first four counts, as the telegram did not contain any threat or any accusation of an infamous crime. MR. C. MATHEWS contended that titers was a threat in saying that unless the £10 was paid, the writer would come to the prosecutor's private house; and MR. JUSTICE GRANTHAM ruled that the case should go to the JURY.
JOHN COX (The prisoner). I have known Fletcher some years—I met him again last autumn; I told him I had been for some years in the public-house line, but just then I was out of an engagement—he suggested that as I had a knowledge of the public-house trade, and he being in the picture line, we should go about and find houses that were in a state of reconstruction, for it is a very usual thing to have their bars furnished with pictures—Fletcher obtained a contract to fit up the saloon bar of the Castle in Portugal Street—I had got a treaty for fitting up the Green Man at Loughborough Junction, and the Horse and Groom in Bond Street—on February 8th Fletcher and I were on our way to Loughborough Junction; we passed down Vining Street, Brixton—Fletcher said he expected some telegrams or letters at No. 7, and they knew his name; would I mind asking for them—I said, "They know my name also, but I do not mind calling for them"—I went in and made arrangements with Brown, who said, "There has been one already, but I have given it to another man"—I do not know anything of the subsequent history of that telegram, because I never saw it—I collected 2 telegrams, but I did not call after the 16th—on the morning; of February 18th I accompanied Fletcher to London from Brixton; he left me in Chancery Lane—on coming back he said he had been to collect
a debt, and that he had not got the money, but had had rather a stormy interview—after that we went to the Codger's Hall, in Salisbury Court—we got there about 11.15—I stayed there practically all day—in the afternoon Fletcher came to me and gave me a piece of paper, and asked me to send off a telegram for him—I handed it to the clerk, who said, "Copy it on a proper form," and he pointed to a box containing them—I copied it out and handed it to him—I tore the original paper up and threw it on to the floor of the post-office in Bridge Street—I had had a few glasses that day, but I was not intoxicated—I did not take much notice of the telegram; I thought it was rather stiff, and when I saw Fletcher I said, "Whatever your business is, I do not like the tone of that telegram, and I wash my hands of it; I will not call for any more telegrams," and I did not—I never had any suspicion that Fletcher was carrying on anything that was not straightforward or right.
Cross-examined. I call Fletcher by his Christian name, and he calls me by mine—I knew him 13 years ago, but I lost sight of him for about 10 years—we have been together a good deal lately—I never saw Fletcher change 2 £5 notes in January—when I took the letters at Brown's I was supposed to be Adams—the telegram I sent off cost 1s. 3d.; I paid for it with half-a-crown—I read the telegram—it was, "Been fooled this morning; unless £10 by Monday evening, shall bring living proof to your private house"—I did not know what it meant—I gave Fletcher the change—I next saw him on the Monday—he did not tell me then he had had a reply; he told me on the Tuesday—he told me that morning he was going down to Mr. Edgell's in the evening at 7 o'clock—I did not see him again till he was in custody—I was taken into custody on March 2nd—I was at large when the letter of February 24th was sent.
Re-examined. I did not send that letter; I did not know anything about it till I was arrested—when I heard that Hudson had been receiving letters in the name of Adams I did not think he was doing an unlawful act—I have done it for advertisements in my own name.
Cross-examined by MB. OVBREND. When I saw Fletcher changing money it was after we bad made our profit out of the Castle—I did not see Brooks at the Codger's when the telegram was sent—when I got the telegrams from Brown's I gave them to Brooks and Fletcher—I cannot wear who opened them; it was night time—I saw it in Brooks' hands, and I saw him reading it.
FLETCHER then Pleaded Guilty to a conviction of felony at Mary-lebone, on October 30th, 1895; and 3 other convictions were proved against him.—Seven Years Penal Servitude. COX— Nine Months Hard Labour.
OLD COURT.—Monday to Tuesday, Wednesday and Thursday, April 17th, 18th, 19th, and 20th, 1899.
Before Mr. Justice Grantham.
319. LOUIS HENRY GOODMAN (41), SIR EDWARD LEE, Knight, HUGH BERNARD (41), and HERBERT JAMES SQUIER, Unlawfully obtaining £25 from James Kimber £2 10s. from Rebecca Weller, and £1,450 from Charles Frederick Ogilvie, with intent to defraud, Goodman and Lee being directors, and Bernard and Squier managers, of a public company.
The SOLICITOR-GENERAL, MR. H. SUTTON, and MR. HORACE AVORY Prosecuted; MR. MUIR appeared for Goodman, MR. WILDEY WRIGHT for Sir S. Lee, MR. CLARKE HALL and MR. HAWKE for Bernard, and MR. CHAS, GILL, Q.C., and MR. CAMPBELL for Squier.
JOHN PITMAN . I am a clerk in the office of the Registrar of Joint Stock Companies—I produce the file of the West Australian (Gold District) Trading Syndicate, Ltd.—I have the file before me—that company was registered on February 20th, 1896—I have the memorandum before me—it was formed, among other purposes, for the export of goods between England and Australia—the capital of the company was £20,000, divided into 60,000 ordinary shares of 5s. each and 5,000 shares of £1 each; what would be called founders' shares—the registered offices of the company were at 19, Basinghall Street, E.C.—the signatories to the Memorandum of Association are witnessed by H. Bernard, 19, Basinghall Street, London, E.C., merchant—I produce, from the file, a special resolution of July 27th, 1896—it was passed on July 10th, and confirmed on July 27th, 1896—that was a resolution for winding up the syndicate, to reconstruct the company, and authorising the liquidators to enter into and approve an agreement with the new company, when incorporated—that resolution is signed by H. Bernard, as secretary—I also find on the file a consent by the syndicate to the registration of a new company in the name of the West Australian (Gold District) Trading Corporation, Ltd.; the same name, substituting corporation for syndicate—that resolution is signed by a Major-General Alfred Tulloch and Mr. Mills, as liquidators, and Hugh Bernard, as secretary—the consent is dated July 27th, 1896, also—I produce, also from the file, the return of the shareholders in the syndicate up to July 27th, 1896—chat return shows as issued, ordinary, 58,600; and lounders', 4,980; showing a total paid up, of £19,630—I don't mean that actually cash was paid up as it appears there, but shares of that value—according to this statement it shows cash was paid up—it should represent cash—this is calls received that should be cash—it represents the shares are allfully paid in cash to that amount—this entry represents that cash had actually been received to that amount—it is signed by both the liquidators, and H. J. Squier, manager; Mills and Tulloch were the liquidators; Tulloch's signature is not his own signature; it is Tulloch; per Mills "; Mills signed for both himself and Tulloch—we should receive that; it is signed by the manager and one of the liquidators in a number of cases—if it is enough for one liquidator to sign, that is enough—we should not interpret the law to that amount; we should not know whether one had a power of attorney for the other or not—I should have thought in a matter of that kind you would not take such a course—I do not say in this case it is not right, but it seems to open the door to fraud—I find among the shareholders the name of Edward Lee, of 54 Waterloo Place,—he appears to hold 25 ordinary shares and 100 founders—there is the name of Louis Henry Goodman, of 212, Cromwell Road 650 ordinary shares and 100 founders'—I find the name of Edward Lee appearir gagain for 100 founders'
shares more—they are £1 each—that would make 200 founders'—as far as we know, we believe that to be a mistake; Hugh Benard is down for ordinary 6,500, and 120 founders'; Bernard is next; 6,500 ordinary, 120 founders'; Herbert J. Squier, 2,568 ordinary, 304 founders'—that return is signed by Squiers as manager—I also produce the file of the West Australian (Gold District) Trading Corporation, Limited—that was a company registered on July 28th, 1896, the capital is £505,000, divided into 505,000 ordinary shares of £1 each, and 5 000 founders' shares, also £1 each—amongst the objects I find one was to export goods to Australia, and other merchandise; a variety of things, and to take over all the contracts of the syndicate; that might be by agreement—at Clause 3 of the Articles of Association I find an agreement referred to—it does not mention the date; it refers to the parties, and says that a draft has been initialled; it refers to an agreement—I have several agreements on the file; I have one of July 27th, 1896—that is an agreement whereby the corporation takes over the assets and liabilities of the syndicate; by that agreement the holder of an ordinary syndicate share of 5s. becomes entitled to 2 shares in the corporation of £1 each, and the holder of a founders' share in the syndicate becomes entitled to 20 ordinary shares in that corporation; there were no founders'—he gets twenty ordinary shares for each founder's share, and as to each 200 ordinary shares of the corporation so acquired gives the holder of the 200 shares a right to apply for a £1 founder's share in the corporation, at par—that agreement is signed by Edward Lee and Goodman as directors, and by Hugh Bernard as secretary of the syndicate; it is also signed by Louis H. Goodman as a director of the corporation, and by Tulloch and Mills as liquidators of the syndicate—annexed to that agreement I find another agreement dated July 10th, 1896—a copy of one dated July 10th—that is an agreement between Henry Goodman, Joseph Edward Lyall, and Joseph Chapman of the one part, and the syndicate of the other part—that contract relates to an ore disintegrating process—it is not the same name as it was known by afterwards—the Ore Atomic it is called through the correspondence—Article 76 of the corporation gives the names of the first directors of the corporation, as "Louis Henry Goodman, Sir Edward Lee, and Dr. Charles F. Ogilvie"—the registered offices of the corporation are—28, Basinghall Street, London, E.C.—I also produce the order to wind up the corporation, dated January 25th, 1897—they were Bowes, Scott, and Weston, carrying on business as engineers and contractors.
Cross-examined by MR. WILDEY WRIGHT. The return of the share-holders of the syndicate up to July 28th, 1896, is signed by some officer of the company—in this case it is signed by Mr. Squier as manager—I have no opportunity whatever of testing the correctness of the details of that statement—I have not examined the other books and documents in connection with this company, from which I can form any opinion whether it is correct or not—I have the entry of Sir Edward Lee having 100 founders' shares and 25 ordinary shares in the first instance—as far as the founders' shares are concerned, whether that is correct, or whether the 25 ordinary shares is absolutely incorrect I have no means whatever of telling—I have said that
in Clause 76 of the Articles of Association the names of the first directors appeared as Mr. Goodman, Sir Edward Lee, and Dr. Ogilvie—as to the names of the solicitors to the company, Messrs. Sutton, Ommanney and Rendall, I do not see anything in the body of the articles—it appears that they registered the company.
Cross-examined by MR. HAWKE. The return of July 28th, 1896, shows you that it was lodged at Somerset House on September 21st 1896—a good deal later the annual return of the syndicate, dated July 28th, was lodged, September 21st, 1896—it ought to be lodged within seven days—the question might arise about its being in liquidation at that time—whoever received it ought to have seen that it was out or time—we should not take proceedings; we should receive the document—it should have been filed within the first few days of August—I do not see any endorsement referring to the agreements mentioned as being signed by Bernard—the solicitors to the company, Messrs. Sutton, Ommanney, and Rendall lodged them at our office; it does not follow that they prepared them—it does not bear their names on the back; there is nothing on the endorsement to connect them with it; in no part of it—their names are written on the front, "Filed by Sutton, Ommanney, and Rendall."
JAMBS KIMBER . I am a farmer at Hill House, Chigwell, Essex—in March, 1896, I received by post the prospectus which is produced of the West Australian (Gold District) Trading Syndicate—having read it, I applied for 100 ordinary shares and 5 founders' shares—this is my application form—I enclosed with this application form my cheque (Produced) for £17 10s.—I had notice that those shares were all allotted to me—on March 31st I signed the further cheque for £12 10s., the amount payable on allotment—in July of the same year I saw an advertisement in the Morning Advertiser newspaper of the prospectus of the West Australian (Gold District) Trading Corporation—about the same time I received a dividend on the shares in the syndicate at the rate of 100 percent—I thought it paid better than farming—about the same time I received by post a copy of the prospectus of the new corporation—I filled up the form in the Morning Advertiser—I had read the prospectus in the news-papers; it wan similar to that—enclosed with it was the printed report of the speech made by the chairman, Mr. Goodman, at the meeting on June 18th—I read the statement in the prospectus that there was already a large number of depots in full working operation; that the syndicate had already shipped £60,000 worth of goods to Western Australia, and that they had already made profits equal to twice the amount of their capital; and that they had made profits sufficient to pay a dividend many times more than 100 per cent.—I read the statement in the report made by Sir Edward Lee to the effect that he knew of one deal alone which gave them sufficient profit to pay this dividend—I believed that about Sir Edward Lee; I thought with a man with a handle to his name that there was something genuine about it—I filled up an application form for the allotment to me of 300 ordinary shares in the corporation (The document was handed to the witness.); this is my signature—that was the number I was entitled to under the agreement—I became entitled to one founders' share in the corporation as the holder of more than 200 shares at par, and paid £1—I got my certificate of my shares some time in November
—in addition to the shares I became entitled to under the scheme, I applied for a further 50 ordinary shares in the corporation, at £1 premium, and I sent a cheque for £25 to pay for them, and a further cheque for £25 on allotment, and two further cheques for £25 each; that completed the payments—that made another £100 I paid for those shares—I did not get any more dividends; they are a long while coming—I got the certificate for the shares with the large red seal on it—the next thing I heard of it was that it was being wound up—I saw the advertisement of the prospectus in the Morning Advertiser; that was all I saw—I am not certain if this address of Mr. Goodman that was sent out with the prospectus was not contained in the Morning Advertiser; I could not say now—I could not say if on the prospectus of the corporation Mr. Bernard's name does not appear—I was asked at the Police-court whether that was so; I was not certain whether it was there or not—I cannot say for certain whether it was there or not—I cannot tell whether in the Morning Advertiser there was any notice of this speech; I cannot say so long back as that.
Re-examined. Apart from the prospectus of the corporation, I think I saw a report in one of the financial papers—they find their way down to Chigwell.
REBECCA WELLER . I am a widow and live at 39, Aden Grove, Stoke Newington—I got a copy by post of the prospectus of the West Australian (Gold District) Trading Corporation, Limited—I think I have it here—that is what I received—that has got on the back "The Western Australia (Gold District) Trading Corporation, Limited; capital £505,000—it has the prospectus inside, with a sheet for a form of application and a report of a meeting of the Western Australia (Gold District) Trading Syndicate, headed "West Australian (Gold District) Trade Syndicate, Limited, an important extension in view," and notes on the progress of trade. in the Colony of West Australia—I read those papers—I thought it a good investment—I noticed the statement about the dividend, the 100 per cent. dividend, and the statement as to the profits that had been made; I read it all through—in reliance on the statements in these documents, I applied for 5 ordinary£1 shares at £1 premium in the corporation, and I paid £2 10s. on application in cash at the Capital and Counties Bank—the shares were allotted to me; I paid up the balance of £7 10s. in full in cash—I have my certificate—this is it (Produced), but I have been looking for it many times—I am afraid it is useless.
ALFRED TULLOCH . I am a retired Major-General of the Bengal Staff Corps—I was a director of the West Australian (Gold District) Trading Syndicate—a friend of mine in the City invited me on the board—I was introduced by Mr. Dalby Walsh, who introduced me to Mr. Goodman—I had some conversation with Mr. Goodman before I agreed to go on the board—he told me that the company was being formed for trading purposes in West Australia, a little syndicate of about £20,000, I think—he told me he would qualify me for a director—he gave me 100 founders' shares in the syndicate—it was 100 original shares—he told me he would give me 100 ordinary shares, but he gave me 100 founders' shares instead—I don't think there were any articles of association of this company—I don't think there was any
qualification required for a director—I do not know whether I did ask or not whether there was any qualification: yes, I think I did, and I think I was told there was no qualification—he made me a present of these shares—having become a director, I attended the meeting of the syndicate—referring to the minute-book. the first meeting of the board of directors was held on February 24th at 19, Basinghall Street—Goodman, the defendant, and Mr. Senior, a director, were present—on Exhibit 16, page 22, it says, "In the absence of Sir Edward Lee, the election of the board of directors was deferred"—I cannot tell you what was said about the absence of Sir Edward Lee—I am not quite certain about Sir Edward Lee being contemplated as a director on February 24th—I know there was a question about electing the chairman of the board of directors—there were only us three present, myself, Goodman, and Senior—as a matter of fact, we did not elect a chairman; I always thought the managing director, Mr. Goodman, was the chairman—it was resolved at that meeting that two directors should form a quorum—I remember that we resolved that the defendant, Mr. Hugh Bernard, be appointed manager in London for the company—we also resolved that Mr. C. D. Napier Grant should be appointed general manager in Australia—I do not know whether Sir Edward Lee was present; I recollecc that Mr. Goodman was made managing director, subject to the approval of Sir Edward Lee—I was put into the chair always because Goodman was managing director and chairman—I was acting for the time, because he said he could not take the chair when he was managing director—I do not know whether I was chairman on the first day Sir Edward Lee was not present—looking at the last minute, I see that the draft prospectus was submitted and considered, and various alterations made therein; I remember that—I do not remember any of the alterations that were made in the prospectus—I do not know that some paragraphs were cut out of it—I do not remember what the alterations were—we had another meeting on the next day, February 25th, and myself, Mr. Goodman, and Mr. Senior were again present—looking at the minute, "Letter from Sir Edward Lee, dated February 24th,1896, was read, and instructions given to the secretary to write and acknowledge receipt of the same, and to state our regret at his inability to accept an appointment on our board," I recollect that that did take place—the next minute is, "The draft prospectus as altered at the last meeting was submitted, altered, and finally approved by the board, and a copy was initialled by the directors for the purposes of identification"—I recollect that—that is the one that was initialled by the directors on that occasion—I see my own initials on it and the others—the next meeting was on February 28th, and I find at that meeting that myself, Mr. Goodman, Mr. Senior, and Sir Ed ward Lee were present as directors—I think that that was the first time that Sir Edward Lee attended—there is a minute, "Sir Edward Lee not having been present at the previous meetings held on February 24th and February 25th, the minutes of such meetings were read over, and Sir Edward Lee having signified his approval of such minutes, initialled the same"; that took place—"Copy of the company's prospectus, dated February 25th, 1893, as approved at the last meeting, was finally approved and authorised to be issued, and a copy of such prospectus was signed by all the directors for the purpose of
identification"—that same prospectus was then signed, instead of being initialled simply—all our signatures are upon it, including Sir Edward Lee's—Mr. Goodman at that meeting was appointed managing director—I remember it was resolved that three directors should form a quorum instead of two, on the motion of Mr. Senior—at the next meeting, on March 9th, myself, Mr. Goodman, Mr. Senior, and Sir Edward Lee were present—at that meeting the agreement between the company and Mr. C. D. Napier Grant was submitted and agreed to, by which Mr. Grant's salary was fixed at £750 per annum and 2 per cent. commission on the net surplus profits of the syndicate, after the payment of a dividend of 10 per cent. on the ordinary shares, with an additional bonus such as the directors might think fit to vote him; and Mr. Latham was also appointed engineer and surveyor at that meeting; and Mr. H. J. Squier, the defendant, was appointed buyer to the company—at the next meeting, on March 11th, the same four, Mr. Good-man, Sir Edward Lee, Mr. Senior, and myself were present—that meeting was held at the Café Royal, Regent Street; and the power of attorney at that meeting was handed to Mr. Grant to go to Australia—Mr. Grant was present at that meeting; it was a farewell entertainment to Grant before he went out—at the meeting on March 26th, myself, Mr. Goodman, and Sir Edward Lee were present, and also the defendant, Bernard—at that meeting Bernard was appointed secretary to the company in the place of Mr. Slater, who was prevented by illhealth from taking up the appointment—I always considered him as the secretary; I think I considered him to be manager as well; both, I think—he was appointed manager at the first meeting; and at the same meeting he was appointed secretary—the Capital and Counties Bank was the bank of the company—here is the 4th minute: "Be instructed to pay all the cheques paid on behalf of the company on any banking account, whether the account is overdrawn by the payment thereof or in credit"—that was the instruction given to the bank; provided they were signed by any one director and countersigned by the secretary—I do not know why nothing is said there as to the inducement for the Capital and Counties Bank to act in such an unbanking-like way, to cash any cheques presented to them, whether the account is overdrawn or not I was not chairman—the next minute but one says: "That the bank be instructed to treat all statements acknowledging the correctness of this com pany's accounts with the bank, of all receipts for the delivery of vouchers, &c., which are expressed to be made on behalf of the company as having been duly made, provided they are signed by the secretary for the time being"—I do not know that I proposed it—it does strike me as being rather an extraordinary resolution; it did not at the time—I recollect at the meeting of March 26th a letter was brought up telling us Mr. Senior had resigned his directorship—I recollect a letter from Mr. Senior being produced by the secretary, announcing that he wished to resign—the resignation was accepted; I am sure of that—I think this is the letter (Produced)—I think this letter was read on March 26th, to the best of my belief—at the same meeting I remember the resolution which is in the second minute, that the secretary is instructed to give notice of the allotment of shares to all applicants; and there was a proof of a letter of abotment submitted and approved by the directors—the allotment of shares was, I think,
left to the secretary to allot to everybody who applied for them—I do not think the directors ever met for the purpose of deciding on the allotment—our next meeting after March 26th was on June 2nd—myself, Mr. Goodman, and Sir Edward Lee were present—"The minutes of the last meeting, held on March 26th last, were read and signed. Letter, dated March 26th,1896, from Mr. L. H. Senior notifying his desire to resign his position on the Board of Directors, was read, and it was unanimously agreed and resolved to accept this gentleman's resignation. The secretary was instructed to notify Mr. L. H. Senior to this effect"—I think I was wrong when I said it was done at this board meeting; I think this is right here—June 2nd was not, in fact, the first time that I heard of Mr. Senior's resignation; I had heard it before—I was wrong when I stated it was brought forward at that meeting; I recollect now there was delay between them—I heard of it, I think, at that time, but there was a delay in bringing it forward somehow or other—I cannot explain the delay; I do not recollect it, but I know there was some delay in this way; at that same meeting, June 18th was appointed for the statutory meeting of the company, and on the same day as the statutory meeting there was a meeting of the directors at the office of the company—I think that was before the statutory meeting—Mr. Goodman, Sir Edward Lee, and myself were present—at that meeting, "It was proposed by Sir Edward Lee, and seconded by Major-General Tulloch, and was unanimously resolved, that a dividend at the rate of 100 per cent. per annum for the 3 months ending May 24th be, and hereby is, declared, and that this resolution be notified to the shareholders of the company at the statutory meeting to be held on this date at Winchester House, Old Broad Street"—I can give only an explanation of the ground upon which I seconded this motion by a telegram that I saw, that is all—that was produced by Mr. Goodman to show that this amount had been made in Australia to pay for this; I do not know how it was done nor anything else.
By MR. JUSTICE GRANTHAM. I was in the chair—I am sorry to say I did not inquire; I took it for granted; I trusted fully that the telegram was correct—I did not ask, I trusted fully to Mr. Goodman.
By MR. WILDEY WRIGHT. I did say that I trusted fully to Mr. Good-man.
By MR. AVORY. It was a few days before that meeting, I think, when Mr. Goodman showed me a telegram upon which I based my action—I think it was a week or so before the meeting of June 18th—I cannot remember; I cannot bring my mind to recollect whether it was an inland telegram, or not—I doubt whether I know the difference between an inland and a foregin or colonial telegram—I suppose I do have telegrams on private business in London occasionally—I know the appearance of an ordinary telegram sent from one part of London to another—when I was a director of this company, from time to time I saw some of the telegrams coming from Australia to London—I did not notice them much—I did see some of the telegrams that came from Australia—the telegram that Goodman showed me, I think, was what you call in code, and then it was manipulated here in the office—I mean the words changed and the meaning put in; translated—I do not understand all these
things—I read it; I cannot recollect what it was now, but it was hat so much money was made for us to declare a dividend at this rate—I have been thinking over it, and in my other examination I said I did not know, but think the wording was £5,000 now, as far as I recollect, that had been made—how it had been made I do not know—the telegram had come from Australia—it was on the telegram that £5,000 had been made—I cannot tell you now from whom it came nor to whom it was sent; it was only shown to me by Mr. Goodman—I cannot say more.
By MR. JUSTICE GRANTHAM. I am sure I saw a telegram—it did not occur to me to make any inquiry about it; I trusted fully to Mr. Goodman.
By MR. AVORY. Mr. Goodman showed it to me in the office of the company—I cannot say who else was present; I do not remember—I think that this telegram that I saw was in code; and the writing was between in this way—I think the translation was between—(Looking at a telegram); I do not think it was like this; I do not know—I see there is something about £5,000 there—I heard some few days before this meeting that there was this telegram, and I told all my friends about it; I told all my friends that the telegram had been received, and that £5,000 had been made—I told them about the dividend; that the dividend was going to be at the rate of 100 per cent—we made it up beforehand—it had been talked about between the directors some few days before this meeting; I do not know how it took place; it was just simply, I suppose, we met here and there and talked about it—I cannot mention any particular one, I only said it was talked about—there were two directors besides myself—whether I discussed it with Goodman I do not know; it had been talked about some way or other—I do not know how it was; it was talked about between us before this 100 per cent. was declared—there was no meeting or anything else, but between ourselves we talked about it, that is, Mr. Goodman, Sir Edward Lee, and myself—I do not know anything about Mr. Squier; I did not talk to him about it—I think we all talked about it—I did not know that it was announced in the newspapers that there was going to be a dividend of probably 100 per cent.—beside going to board meetings I attended the office of the company on other days when there were no board meetings—I used to see Bernard, the secretary, there—generally speaking, he was there in attendance every day, whenever I went there, and also Squier—he was a buyer, and they all used to go into his room; I saw several people going constantly backwards and forwards into his room; I suppose they were doing something for it, buying and selling—Squier was buying for the company, of course.
By MR. JUSTICE GRANTHAM. I was not chairman—it was simply because Goodman was managing director and chairman that I was put into the chair—he said he could not get into the chair because he was managing director; but at all events, the proof of the pudding is in the eating; when directors' fees were passed and everything, the chairman got 250 guineas—I got 200 guineas, and I did not get the extra 50 guineas—the extra 50 guineas was for the chairman—I did not go into the room where this buying and selling went on; I did not see what he was buying, and that sort of thing.
Cross-examined by MR. AVORY. I sometimes went into the room that
was occupied by Squier—he had a room as the buyer; he was buying all kinds of things—he was buying liquors, and things for mining purposes, and various things—I did not look at the books to see how much he was buying; I only saw samples in his room, that is all—I never asked what he bought—I trusted him entirely, I am sorry to say—I did not get my fees till afterwards—I never got any information from anybody as to what the company was selling—I never asked—I only saw these samples, and thought it was all right—some of these things were being sent out.
Cross-examined by MR. JUSTICE GRANTHAM. I never found out that anything had been bought—I saw the whisky—I did not taste it—I did not inquire into what was being sold.
Cross-examined by MR. AVORY. I think I saw one or two of the telegrams that were being sent from the London office to Mr. Grant, our manager in Australia—I think it was the practice to keep in the office a copy of all the documents sent to Grant—this appears, I think, to be an office copy of one that was sent to Grant on June 5th—that does appear to be in Mr. Bernard's handwriting—I have the translation, but I have left my glasses at home—(Read) "Do you require any more galvanised sheet iron? Advise you to order immediately, prices going up. Shares are at a premium; 3s. 6d., 25s. There will be a meeting shortly, statutory. Suggest telegraph as follows: "Transactions are enormous; continue shipments steadily. Expect profits to be £25,000"—I do not know anything of that cablegram being sent—I had never seen it before it was shown to me at Bow Street—I remember, after the meeting of the directors the meeting of the shareholders on June 18th—Mr. Goodman took the chair at that meeting of shareholders.
Cross-examined by MR. JUSTICE GRANTHAM. I said before, he could not take the chair, and therefore I took it—that was when we met by ourselves, the syndicate directors—he got the 250 guineas and I got the 200 guineas—that did not hurt my feeling in the slightest degree—at any rate, he took the chair—simply because he was chairman.
Cross-examined by MR. AVORY. I afterwards saw in the newspaper the report of that meeting and the speech made by Mr. Goodman—that accurately represents, according to my recollection, what took place at that meeting—Sir Edward Lee was present at the meeting—he made his speech at the meeting, just at the end—Mr. Bernard, the secretary, was present at the meeting—he read the notice convening the meeting—Squier also was present at that meeting—after that meeting the directors of the syndicate met again on July 9th—there is a mistake in the minute book; it says June 9th, but it ought to be July 9th—that meeting was held at a different office, 2, Basinghall Street—that was the office of the British and Colonial Trade and Development Corporation—at the same time it was the office of the West Australian (Gold District) Trading Corporation—that had not come into existence then; but on July 9th we were meeting at the British and Colonial Trading and Development Corporation—Mr. Goodman was interested in that company; I do not know about Sir Edward Lee—I was not at the meeting on July 9th, at which Mr. Goodman and Sir Edward Lee were present, and this was passed: "On the motion of Sir Edward Lee it was proposed to purchase the concession for the Colony of Western
Australia for the disintegration and treatment of gold-bearing quartz and other ores from the Ore Atomic Reduction Corporation; and, for the purpose of fixing the terms of such purchase, Mr. L. H. Goodman having retired, it was agreed that the price to be paid for this concession and patent right should be, and is hereby fixed——at"—I do know why it was left blank, I am sure; I cannot tell you—I did not fix the price; I do not think we fixed the price at that time—that is why we left it blank probably—I do not know; there was something happened—I understood that Mr. Goodman was interested as a vendor in this process—I forget what the price was exactly—it was £30,000, I think, in cash, and something in shares; about 120,000—I know the price was afterwards fixed at £30,000 in cash and 120,000 ordinary shares in the new corporation, and 1,200 founders' in the new corporation—I went down to the place where this ore atomic reduction was being shown, and saw the process going on there—I thought, myself, if it it were really all right it would be something splendid—they said it was all right—I went down with Mr. Goodman to the place at Battersea, or somewhere there; one of the wharves there—I do not know who it was there—I saw the process—I saw the ore, at least the stone, being thrown into this place, and coming out by some wonderful process, not in gold; it came out in powder, and the gold and everything else was in that—I had nothing to do but go and pick it up, so long as you had the stone—I do not know where the stone was that was put in or who put the gold in the stone—I thought it was all right; I thought it was honest enough—I saw a whole lot, some hundred-weights, like that—they said it was all right down there—I was appointed one of the liquidators of the syndicate, for the purpose of its being wound up, in order to form the new corporation; I and Mr. Mills were appointed liquidators—I did not know what that meant; it was given to me, I thought, as a bonus kind of thing—Mr. Mills was an accountant and everything else; he knew all about these things—I did not expect to get anything out of it; there was 50 guineas attached to it, that is all—I never got my 50 guineas—I forget whom I asked, one of those sharp fellows down there; they are the ones—I think it was the Official Receiver; I would not say a word against Counsel—I had nothing to do with the new corporation—they never asked me to be a director—I did not know there was a chair to be filled; they did not ask me—I held 100 founders' shares in the syndicate, and that entitled me to 2,000 ordinary shares in the corporation—I did take up 10 founders' shares in the corporation, and paid cash for them—I did not take up the 2,000 ordinary—as a director of the syndicate I had nothing to do with the shares; I neither bought nor sold, or anything else—I had my 100 founders' shares, and I kept them—I might have got £35 a piece for them if I liked to sell out—I had nothing to say to that when I was on the syndicate—when the corporation was formed I became a shareholder only in the corporation, and at the outset I bought four of the original syndicate's founders' shares, for which I paid £36 a-piece, £140—I think that was just after the corporation was formed—I bought them from the manager of the bank down at Ealing, and I have those shares at the present moment in my possession—then I went in for 500 ordinary shares in the corporation, for which I paid £2 2s. 6d. or thereabouts; I am not certain; something
over £2 a-piece—Mr. Squier led me to buy those 500 ordinary shares in the corporation; he came up and told me one day to go and buy, and I bought—I was sitting in my office; he came up and said, "Just buy," and I did; I went and bought; they were then at two guineas or £2 2s. 6d., and I had nothing to do with shares except when they got to between. 10s. and 12s., and then I sold out my holding to pay for them—I sold my shares that I held to pay for the differences—there was a settling day, and I had to sell for 10s. what I had paid £2 2s. 6d. for; but the others that I bought, the founders' shares, I hold them to the present moment—some were sold at 10s., and some at 11s., and some at 12s.—I had a great many more; I sold the 2,000 to pay for them, but I had no dealing of any kind any more in that way—I have said more than once that I had ultimately 200 guineas for my services as a director—I think that was by a resolution at the meeting of June 18th—I remember at a meeting of the shareholders on July 10th Mr. Goodman again made a speech—at that meeting it was proposed that the remuneration of the directors be the sum of 200 guineas each, and of the chairman 250 guineas—when that resolution was passed Mr. Goodman took the benefit of being the chairman—I got 200 guineas and he got 250 guineas—this is the cheque by which my fees were paid—it is a cheque drawn by Bertie Squier, the defendant, on the Bank of Scotland—I do not know why Bertie Squier paid my fees of 200 guineas as a director—he banks with the Capital and Counties Bank—I cannot account for it.
Cross-examined by MR. MUIR. It was not my first experience as a director of a public company, I had been acting as a director of public companies for some years; about 6 or 7 years—in January of 1896 I think I had a directorship going; one or two.
By MR. JUSTICE GRANTHAM. I do not know how many I had had; they all came to grief—I do not exactly know how many—I know I never had any fees from any one of them; oh! from one I had for about four months—they are all wound up, I think.
By MR. MUIR. I was introduced to Mr. Goodman by Dalby, Walsh, and Co., I think—I do not know, I am not certain of that—it was through Dalby, Walsh and Co.—I do not know exactly what they are called, accountants or something—I do not know if they keep a list of directors in want of employment; I do not know anything about that—I do not know how Mr. Goodman found me out—I do not know how Dalby, Walsh and Co. found me out, we met together somehow or other—I did present Mr. Walsh with a gold watch or something of that sor:—I think I gave this watch just when the corporation was formed—I know now that no qualification was necessary for me to become a director of the syndicate—the first stipulation was to receive 100 shares in this company; Mr. Goodman very kindly gave me 100 founders' shares instead—I always thought the company was kept up and everything else by Mr. Goodman, he being a rich man and everything else—he told us he would provide the money—I do not know that he provided large sums of money—some one provided large sums of money—I was a director—I thought Goodman was supplying the money—I do not know who it was stipulated that I should have 100 shares in this company—it might have been Mr. Walsh, I did not anyhow—I do not know anything
about Mr. Walsh also stipulating that he should himself receive 200 shares in this company—I do not know that he received 200 shares—I did not tell Mr. Goodman that it was not usual for the managing director of a public company to take the chair at the meetings of the board; my memory is quite clear on that subject—I do not know how often I visited the office of the compary while I was a director; I used to drop in there occasionally, not every day—I do not know how many times a week; 3 or 4, 2 or 3—about 4 times—I also visited Sharwood's warehouse twice. I think; that was all, to inspect the goods that were being ordered for Western Australia—that was a place where they had preserved provisions, tinned foods, and so on—I believe there were large quantities of those foods ordered and sent out to Australia—I also went to Messrs. Bowes, Scott, and Weston to see the Krom rolls at Battersea; I saw them at work; the Krom rolls which had been ordered for the company, and which were sent out to Western Australia—the place where I saw the ore atomic being worked out was not at Limehouse—none of the companies of which I had previouslv been a director were gold mining companies—I was in the Bengal Staff Corps—gold-bearing quartz is crushed in the Krom rolls—I suppose that is an expensive form of machinery—this particular consignment cost a lot of money, I should think—it consisted of putting the quartz into a retort and applying heat and gases to it, so far as I know—I do not know about the process, but the stuff went out from the retort into a lot of water, and separated there—I understood it become friable by means of that process in a very short time—I should think it was very much cheaper than being crushed by machinery—I do not know much about it—I did not know that the patents were certified to, by Mr. Fletcher Moulton and Mr. Bousfield—I do not know whether I saw a copy of the prospectus of the corporation; I do not think I did; I do not think I ever got a copy of it—I was a party to the resolution to buy this process on behalf of the syndicate—I do not think the solicitor to the syndicate was present at this meeting on July 9th, when we resolved to buy this process—I was present at the meeting on June 18th, when the 100 per cent. dividend was announced—on that occasion there was, in an anteroom to the room in which that meeting was held, an exhibition of the goods which the company were sending out to Australia—I think those goods were inspected by a number of people who were present at the meeting—I was present, but they did not want much explanation—I know Mr. Dawes, of Ealing; he is a particular friend of mine—I do not remember showing Mr. Dawes a copy of the telegram which I said, in my opinion, justified the declaration of 100 per cent. dividend—I told him about it, and he is a man who now has a share or shares in his possession—I told him about the telegram—I did not show him a copy—I think the question of 100 per cent. dividend was frequently discussed between the directors—we did not have any figures placed before us—I did not have a statement placed before me by Mr. Squier and Mr. Bernard, showing that on a sale of 800 tons of iron they estimated a profit of £1,200—I cannot say what was the material myself and my fellowdirectors had which justified the declaration of 100 per cent. dividend—we did not consult the officers of the syndicate—I only went on the telegram presented by Mr. Goodman, and I trusted
fully and truly to him—I cannot quite say that I know the quantity of iron that had been shipped or was in the course of shipment—I knew there were 400 or 500 tons of galvanised iron or something of that sort going out—I do not recollect the orders coming in from Western Australia—I think there was one telegram came wanting us to supply it as fast as we could; that was all—it was talked about of course—those orders, assuming them to be genuine orders, showed a considerable profit—I do not think it was discussed at all; we just simply had it in a telegram; that was all—we had the amount in the telegrams, and the price.
Cross-examined by MR. WILDEY WRIGHT. I was told I was to have 100 shares given to me, and Mr. Goodman kindly gave me 100 founders' shares in place of the ordinary shares—I believed that to be a personal gift from Mr. Goodman to me; as a matter, of course, it must be—I bought that Mr. Goodman's own money paid for those shares—I had not the least idea whatever that that money was drawn from the funds of the syndicate—I believe in the same way that Mr. Goodman had made a present of the money to purchase 100 shares for Sir Edward Lee—I did not know at the time when I first joined the board whether any qualification in holding shares was or was not necessary to me as a director; I do not think there was anything about it—I did not know at that time whether any due qualification as regards share holding was necessary as a director; there was no qualification required—at that meeting of February 24th I did not understand that earnest efforts were being made to induce Sir Edward Lee to join the board—I suppose that Sir Edward Lee had been asked to take a director's place—I thought he had been asked—from the very first I believed Mr. Goodman to be a very wealthy man—I believed him to be also a man of large business experience and capacity—he always represented himself to be so, and I thought I was justified in trusting to him and following his lead—Mr. Squier and Mr. Bernard, I believe, were recommended to the board for their various appointments by Mr. Goodman—that was done in my presence, I think—from the very first to the very last Mr. Goodman took the entire management, control, and direction of the company, and as managing director everything that he suggested was practically accepted by me and my co directors—I do not know whether Mr. Goodman said that if the public did not subscribe for all the shares open to them he was in a position to take the whole of the balance of the shares up, and would do so with his own money—I trusted to him fully as, being a moneyed man, and as you call it, a one-man company, I thought he was wholly and solely taken up with furthering the company's interests, and paying money whenever it was wanted—I do not think Mr. Goodman told me that if the public failed to take up all the shares open to it he would take up, either in his own name or in other names, the whole of the shares, and pay for them—I remember the second meeting of the board, when a letter was read from Sir Edward Lee declining a seat on the board, and I know that shortly after that he reconsidered his decision and consented to become a director—I cannot say whether he told me that the two factors that chiefly influenced him in reconsidering his decision were, first, his implicit faith in Goodman's honour and business capacity; and, secondly, the fact that I myself, a man of my position, had consented to join the board—I do not know that it would rather have surprised me if
I had heard a statement that another man had joined the board because I was on it—I may have said at Bow Street: "I do not know if I had heard of Mr. Senior's resignation before the meeting of June 2nd "; I get confused—I do not think I ever had any conversation with Sir Edward Lee or Mr. Goodman about Mr. Senior's resignation—I had seen several telegrams, or parts of telegrams, or cablegrams, before June 18th, showing, to my mind, that a profit was being made in Western Australia—I do not know whether I saw the original telegrams or not; I am not certain about it, they may have been original telegrams or copies for all I know—I recollect something about seeing either a cablegram or the copy of a cablegram about the prospects being encouraging, but the other part of the telegram about small remittances creating a bad impression with the Bank in Australia I do not remember anything about—I do not remember ever being shown that part of the cablegram which related to the unfavourable impression created by small remittances; that last bit of it is all I remember—I do not know whether, when copies were shown me, they were copies of the whole, or parts, of the telegrams that were received—I cannot say that I saw or heard of the prospects being encouraging and so on after the date of the telegram of April 30th, 1896—I do not think I ever saw any of the private letters sent by Mr. Grant in Australia, either to the syndicate or to Mr. Goodman, but I may have seen one or two of the public ones—they were long letters for the most part—I saw the whole of the letters—I cannot recollect the contents of any of them—I do not think I ever saw this telegram of May 9th. "Depot and Banking Account here. I have not been able to make any definite arrangement. I have not sufficient money in hand. Most strongly advise you to remit by telegraph"—I do not think I ever heard of this cablegram being sent to Grant; "You must not rely on receiving remittance until established, Perth"—I saw the whole of this telegram: "Everything finally arranged, offices Barrack Street, Perth, and Hindes Chambers, Coolgardie, when can I rely upon remittance, great local demand, galvanished iron, at what price can you supply. Freight paid at port of shipment, I can sell large quantity £30 at per ton," or a copy of it—I think I saw the answer to that before it was sent out: "We can supply cast freight and insurance Fremantle £18; we have shipped 100 tons, what quantity will you require"—that was despatched from the syndicate office in London to Grant in West Australia—I do not recollect seeing this telegram from Goodman to Squier, "Sent you copy cable; have wired Walker's and put order in hand; profit, about £5,000"—I think I saw some telegram that distinctly had the words "£5.000 profit"—we did not declare anything until we saw the telegram—Mr. Goodman did not tell me about June 18th that he had investigated fully the affairs of the company, and was satisfied that marvellous profits were being made, and sufficient to pay that dividend—I do not remember his saying that he was going to make some startling statements at the meeting as to the profits that had been made which he had verified from his own investigations—when I called at the office of the company I was led to believe, by what I saw, that a large business was being done—I never saw anything to cause me to believe that anything wrong or crochetty in any
sense of the word was going on—there used always to be there large samples of goods apparently fit and proper for the Australian trade—I only saw what was there—I relied on Mr. Goodman as to their being fit things for the Australian trade—I saw from time to time invoices which conveyed to my mind that a large business was actually being done—I really cannot say whether all the cablegrams that had been received were produced at the board meetings and shown to the directors—I do not know whether all the telegrams sent to Australia were reported to the board—I constantly saw my codirector, Sir Edward Lee; in my judgment, he had the same opportunities as myself, and no more or less, of forming an opinion of the trade done and the profits earned—his conduct conveyed to my mind the impression that he was in every respect an honourable English gentleman—I never had the least reason to doubt his bona fides or honesty.
Cross-examined by MR. HALL, There was one office of the syndicate at 19, Basinghall Street, and another office of the corporation at 28, Basinghall Street—quite separate, but after the corporation was formed, 19, Basinghall Street was given up—when I first became acquainted with the company it was at 19, Basinghall Street—when you entered from the corridor Mr. Squier's room was the first room on the right, and then passing on down the passage you came to the secretary's room, a further room to the left—the name on the door of the secretary's room, I think, was Slater—I do not know about his name being up as secretary; "Mr. Slater" was up there, that was all—Slater became ill, and then Mr. Bernard came on the scene and took his place, and continued to act for Slater until he was himself appointed by the resolution we have just heard—it was simply in the place of Slater that he was acting—I know nothing about Slater—when I first went there I saw the name of Slater, I think—I did not make inquiries as to who Slater was, or what his qualifications were for the post he occupied—at that statutory meeting the only part Mr. Bernard took was to read the notice convening it—he was ultimately appointed as secretary to the company, and continued that until the corporation was formed—I remember the resolution of the corporation which appointed him manager—I have nothing to say as to the corporation; I was not on it—up to the time of the formation of the corporation Mr. Bernard simply occupied a secretarial position—I do not know that the resolution appointing him manager was on July 28th, or that on August 7th he went out to Australia—I know as a fact that he went to Australia, but I have nothing to say about the corporation at all; I was not a director or anything—I went three or four times a week to the office of the syndicate, at 19, Basinghall Street, and on a number of occasions saw a number of people with bundles and packages for business apparently; they used to come backwards and forwards—all these people who conducted the selling to the company, or whatever it was, were shown into Mr. Squier's room—I think none cf these people saw Mr. Bernard—I do not know whether the codebook was kept there or in Mr. Bernard's room; sometimes it was kept in Mr. Squier's room. I suppose, and sometimes in Mr. Bernard's room—I think the course of business in coding telegrams was, after a telegram had been sent in code to Australia, to put the code-form on the file, and that was subsequently decoded—
supposing Mr. Squier kept the code-book, I cannot say that it would be he who prepared the code form—Mr. Bernard was quite a subordinate with regard to any business that was carried on—he was employed in the secretarial work, that was all—by "subordinate" I mean under the managing director, and that; subordinate, that is, to Mr. Goodman—I do not know that Mr. Goodman gave orders and that Mr. Bernard obeyed them—I had no knowledge of Mr. Bernard's doing any of the buying or selling business.
Cross-examined by MR. GILL. I saw the prospectus of the syndicate—the object of the syndicate was to trade with Western Australia, and the ultimate object was to form a larger trading corporation—at the time I came in contact with Mr. Goodman I do not think the prospectus had been drawn; I think it was drawn afterwards—I do not know who prepared it; Mr. Hall, I suppose, the solicitor to the syndicate—I think Mr. F. J. O'B Hale was present at the first meeting I attended—the prospectus was gone through, and the different parts considered; and it was arranged that there was to be a reprint of it before the next meeting—at that time I appreciated that if this was to be a trading company with Western Australia somebody would require to be sent there—and accordingly a Mr. Grant was engaged for that purpose—I also appreciated that somebody would have to be employed here as a buyer, to obtain the things that were to be sent out there—the whole management was in Goodman's hands—I practically believed him to be a man of considerable means, and I think the other people who were brought in contact with him shared that opinion—I think I went to his house twice when he was living in Cromwell Road; he was living there as I should expect a man to live with a very large income, in a magnificently furnished flat, and everything there denoted wealth—I never had anything to do with the entertaining part of it—I did not go to an "At Home," I just went to call and had a cup of coffee and a talk, and soon—the place was furnished with pictures, and so on—he did not show me his Legion of Honour, or a picture of himself in his Court dress, or anything of that kind—I went to his place of business in London at Ludgate Hill half-a-dozen times, I think—he had the whole house there—he had an office there of his own, that was all, and all the etceteras for dentistry, and all that—I was once in the operating room—the name of Goodman was on every window—he let us know that he would finance the syndicate—there was no anxiety for money, we believed he would find it; he represented that he had the power to find it—it was at the fourth meeting that I first heard of the question of appointing a buyer, I think—in appointing a buyer I should be anxious to know whether I was appointing a respectable man of good character, and so on—I did not know who the person was who applied for the position of buyer; he was introduced by Goodman, and I thought he was all right—I mean seriously to say that I did not know that the man who applied for the position of buyer was a man who had been 15 years in the same employment—I took it for granted he was a man of position and everything; I thought he was a gentleman—I took it for granted, as he was introduced by Mr. Goodman, that he was all right; whatever Mr. Good-man said I accepted without any sort of question, mostly—I do not know
now where he came from, what he was, or anything about it; I have heard a lot since this case—Squier's appointment is in this book—I cannot tell, three years after, whether it was March 9th or March 10th; and with these telegrams it is the same—it requires a great deal of effort to remember March 9th, 1896; I think it was about the third or fourth meeting, the second or third, and so on—I used to see him there at his desk, and all these men coming in and out, and so on—I did not know anything more—I used to see people going into his room constantly—I did not see the samples and pricelists, and so on, that were brought there; nor all samples—I saw things on shelves—he went about trying to get agencies for the syndicate, so far as I know, and I suppose be approached Salt and Bass, and that he went to Walsall, and negotiated for an agency for Heidsieck, and did work of that kind, being a buyer and that—I believe he endeavoured to get agencies and interviewed people, and he went to Wal-sall, and so on—he was not a director—at the board meeting the directors sat together in a room—they did not have the buyer come in and sit beside them and tell them what to do—except to bring a letter or some communication into the room I do not think I ever saw Mr. Squier at a board meeting—at the board meetings from February down to June, and at the meeting in June, there were displayed in a room a large number of samples of goods, provisions, and goods of other kinds, that were to be sent out; and the buyer of the syndicate was there—it was Mr. Squier's business to show the samples at the big meeting—I think he was there, and I believe the people had an opportunity of seeing these things; special labels were printed for the syndicate—when it became a question of turning the syndicate into the corporation, it was at that time that this ore atomic process, this patent, was acquired—I am not quite sure whether I was or notone of the vendors—I do not know whether I read the prospectus of the corporation; I had not a copy sent to me I do not think, even—the experiments with regard to this process were witnessed not only by me, but by a number of other people—I believe many of them were interested in it, engineers and that: I do not know about persons connected with the Stock Exchange; there were a lot of people there, 20 or more, about that, witnessing the experiments—I saw that the solicitors, Sutton, Ommanney, and Rendall, who were acting for the corporation were a firm of high standing—Mr. Rendall may have been present when the experiments were being carried on—he drew up the agreement, I think—it was out of this process that I thought a very large income would he made—I do not know that Mr. Squier had advised his own relatives, his own father, to buy the shares of the syndicate; I know nothing at all about it—I did not show Mr. Squier a telegram I had got in connection with some gold mine, or a communication that I had received; a communication about a mine came from mv bov—I was not present at any of the meetings of the corporation—after the corporation was formed I visited their office from time to time.
Re-examined. I went to Mr. Goodman's place of business on Ludgate Hill, that was a dentist's business—I did not know of his being interested in any other business—I did hear him say at the meeting of June 18th that he had been 14 or 15 years associated with one of the largest trading
firms in London; merchants supplying preserved provisions, Sharwood and Co.—that was the name where I went to have a look at the provisions and things going to Australia—those are the same people I have been asked about who were going to supply tinned fruits and preserved provisions—at the board meetings letters and telegrams were sometimes produced—I cannot say whether I was the only director who went to the office except on board meetings—I think Sir Edward Lee went to the office on other days besides the board meetings—letters and telegrams in the office were open to our inspection if we chose to send for them—I never called for them to look at them; I did see some of them in the office—I think we had to ask Mr. Bernard for them—I believe he looked after the letters and telegrams—I do not recollect any of the letters I saw from Mr. Grant—I do not know whether I should know them if I looked at them again—I never saw a letter from Mr. Grant complaining that he had been asked to send what he called a "bull" telegram—I do not know anything of that—today is the first time I have been asked whether I was shown a statement drawn up by Squire and Bernard, showing how the profit had been made.
By DR. C. F. OGILVIE. I am a retired lieutenant-colonel in the Indian Army, a medical officer in the service with the rank of lieutenant—in 1896 I met Mr. Goodman in the office of Mr. Baslewood, the broker—I cannot recollect the month—I afterwards called on him at his place of business at Ludgate Circus, and in the course of conversation he mentioned to me this West Australian Gold District Trading Syndicate, and drove me to the offices of the company in Basing-hall Street, and introduced me to Mr. Bernard, the secretary—to the best of my recollection Mr. Goodman said that the company was doing a good business, and advised me to buy some shares in the syndicate—I heard Mr. Goodman make a speech at the statutory meeting that was held on June 18th—I do not recollect his saying that they had already shipped £60,000 worth of goods; I think he said that they had made profits equal to more than twice the amount of their capital—Sir Edward Lee was there, and I heard him make a speech—I purchased in the syndicate 250 ordinary shares and 15 founders' shares from a Mr. Ford, I believe, before the meeting; I think that transaction took place a day, or a few days, after Mr. Goodman drove me down to the office—in giving my evidence before, I took my evidence from my cheque book—I think that first transaction in shares was before the statutory meeting, otherwise I should have had no locus standi there; I should not have been admitted—I paid a cheque for that amount of shares, £446 15s., at the company's offices—I have a sort of idea that I paid it to Mr. Bernard—my next purchase was not long afterwards—I took my evidence from my cheque book on the former occasion—I think it was 600 shares—I am not quite sure whether it was after the statutory meeting: unfortunately it is in the other cheque book—the second shares I bought were after June 18th—that was a purchase of shares from a solicitor, £600, I think it was—that transaction also took place in the office—a day or two afterwards Mr. Goodman asked me to go into the market and buy all the shares I could get in the syndicate, and accordingly I instructed my stock-brokers,
Messrs. Buchan and Company, to buy them—Mr. Goodman did not tell me what he wanted me to get these shares for at the time—I instructed my brokers to buy them by Goodman's request for himself—in that way I secured, I think the correct number is, 920 shares—I told Goodman afterwards that I had bought all the shares I could in the market, but I could not get one founders'—he said I might keep them for myself; I said I did not care to have them as I was not in a position to pay for them; I bought them at his request and he must keep them, but subsequently on his advice I took them up myself—when I entered into that transaction orginally I did so on behalf of Mr. Goodman, as I understood—on July 29th I purchased 50 founders' shares in the syndicate, and paid £1,450 for them to Mr. Barclay Bennett—nothing had been said by Mr. Goodman about buying them—on the same day I purchased 10 founders' shares more for £208 odd from Messrs. Marcus and Peezmik—they are brokers—on July 30th I paid £1,064 more for further shares I bought in the syndicate, through some brokers named Messrs. Summers and Oxenford—later on Mr. Goodman advised me on no account to part with them—he said he hoped to get every share there was to he had in the market; he hoped to get every share and corner the market was his expression—he informed me on that date or some other date that the syndicate was going to be formed into a corporation—I remember dining with Mr. Goodman at his house; I think Squier was present at the dinner, and one or two brokers, but I forget their names; I think Sir Edward Lee was there, in fact, I think I was introduced to him on that occasion; that was the first time I saw him—Mr. Goodman said at that dinner party that he thought I had got so many shares in the syndicate that I ought to become a director of the corporation when it came out—he also suggested that I should go on the board of the British and Colonial Trading and Development Corporation—they have practically the same offices—I qualified as a director there, and paid some £200 for those shares—that company has long ceased to exist—the first meeting of the corporation board was held on July 28th—Sir Edward Lee was in the chair, I was present, and so was Mr. Goodman—we three gentlemen accepted the office of first directors of the corporation—at that meeting it was resolved that Mr. Squier should be appointed manager of the corporation at a salary of £800 a year, and Mr. Bernard assistant manager at a salary of £500—at the unanimous request of the directors, Mr. Goodman accepted the position of managing director of the corporation—at that meeting the prospectus of the corporation was finally initialled and approved—that copy handed to me I believe is the copy of the prospectus approved by the directors at that meeting—by looking at the minute of July 29th, 1896, there are the same three directors, Sir Edward Lee, myself, and Mr. Goodman present, and I find at the end of the minute, "The board discussed fully the question of the management in West Australia, and it was decided to hand a power of attorney," &c.—that was the last resolution passed—on August 7th, Mr. Goodman and myself were only present—on October 29th, 1896, Mr. Goodman, Sir Edward Lee and myself were present—the minute is: "The question of the books of the trading side of the corporation having been discussed"—I cannot remember why the books were sent for—on November 24th I find, "It was proposed by Mr. Goodman, and seconded by Sir Edward
Lee, that Mr. Grant be invited to attend before the board then sitting, but this was objected to by Dr. Ogilvie, who refused to meet Mr. Grant without the solicitor being present. Dr. Ogilvie then left the meeting, and Mr. Grant and Mr. Olvay were received by Mr. Goodman and Sir Edward Lee"—it is quite correct that I had declined to meet Mr. Grant without the solicitor—one day later on I examined the allotment book of the corporation, and noticed the names of several people who had had shares allotted amounting to 69,450 shares, of which 9,800 were allotted to Mrs. Goodman, of 212, Pronn Eoad; then 8,400 to Janette Rankin; 7,000 to Theodore Claude Vautin; and 2,500 to Mrs. Marbin—there are two or three separate items; one is George Morgan, the secretary, 8,700, another 5,000, and another 6,550—that is over 20,000 to the Morgans, and 4,400 to Mrs. Squier—all those entries were in pencil—I spoke to Mrs. Morgan about these entries—I have not made a note of the date when it was purported that they had been allotted—the secretary of this corporation was a Mr. Morgan—when I noticed these pencil entries I at once spoke to him and asked him what it meant, and from what he said I went and saw Sir Edward Lee at Waterloo Place, who said he had done it by the authority of Mr. Goodman, and I also went to the solicitor—I told Sir Edward Lee first what I had seen—I am not quite sure I mentioned that I had seen Mr. Morgan about it, I may have done so; it is most probable, but I cannot swear that I did now—I told him what I had seen in the allotment book—he being a brother director I perhaps told him all I knew—I did not understand the meaning of this being in the allotment book without our knowing anything about it—he said it was not right—I proposed to go and see the solicitor the next morning and he agreed to do so—I went to see Sir Edward Lee the next day before I attempted to go to the solicitor—we sat talking on ordinary subjects for a time; I said, "We must go on to the solicitor now:" he said, "Since you were here yesterday afternoon I have seen Mr. Goodman, and he has explained the circumstances to me, and I am quite sure it is all right" and he was not going with me—I said, "Whether you go or whether you do not go, I am going; I do not like the look of this business, and I am going myself," and I went and saw Mr. Rendall, the solicitor; I went straight there—the name is Sutton, Ommanney, and Rendall—I asked Mr. Goodman how he could declare a dividend of 100 per cent, when there were no funds at the bank to pay it—I am under the impression it was at a board meeting, but I am not sure—he said that the money had been earned which was coming from Australia—I think in all I invested £4,000or£5,000 in this syndicate company and £5 in the corporation; some shares I paid £3 for—I do not mean £9000 altogether.
Cross-examined by MR. MUIR I have had very considerable experience in Stock Exchange dealings, extending over several years—many of those dealings were entirely speculative—I have also had experience as a director of only one other company, West Australia—I cannot tell you the date when I become director of that, it was three or four years ago, when the thing was started—it is not ten years ago—I wiil not even say it was not five years ago—I think it is in liquidation now—I have nothing to do with West Australia except as a shareholder—I am not on the board now; I was a director—I do not think I had anything
to do with the West Australia Electric Light and Supply Company—West Australia was interested in the promotion of it; farther than that I had nothing to do with it—I cannot say whether that was wound up—I never had a share in the Barratt Gold Mine Syndicate—I think I was a director of Barratts—that is in existence still, I believe—I cannot tell you what the shares are worth now, or whether they are worth nothing at all—I am not still a director of it; I resigned some years ago—I was a director of the Storm Club Syndicate—my memory is very treacherous; I wish to keep nothing from the Court; when I said I had only been a director of one company it was to the best of my belief, but when you remind me about it I remember that I was—I do not know what Mr. Goodman's wealth was—I met him in a stockbroker's office, and my acquaintance with him was confined to the stockbroker's office up to the time of the West Australia business—I saw him at the office, and I was at his house on three or four different occasions—I met him at Ostend, and was his guest there—he appeared to be in a position of considerable affluence, and very generous with his money—the gross amount I paid for shares in the corporation or the syndicate was £3,000, or £4,000, or £5,000—I sold a good many shares—I think I sold 100 at ls. and something, and the balance, after the thing came to grief, I sold at about 6d., the shares I had paid £3 for—my object was not to make money—I sold 100 because I wanted a little money to pay for other things—I put my money in the shares of this corporation or syndicate as an investment; I stuck to it to the last—it may have been a speculative investment—I could have sold some of them to advantage if I had sold at the right time, not the whole; I bought some at £3—I cannot say where they went to—if they rose I could have sold them to advantage, but I did not offer them for sale—I cannot say I was waiting for something better; it never occurred to me to sell them, I did not think of it; I thought with a syndicate that paid 100 per cent. we should do something better out of it afterwards—Mr. Goodman offered me 10 founders' shares—I never took up the certificate; he showed me a contract and said I could have them—I believe he lent me £1,000 in July, 1896; I believe you have an I O U to that amount; I was not aware of it until I saw it in Court the other day—I suppose he also gave me this promissory note for £500, which I discounted at Parr's Bank; that was on account of the shares I bought from him to a certain extent—I do not say I have spent that money—I have a note here, "L. H. Goodman. In payment of loan received from him, July 15th, 1897, £2,275 15s. 3d."—that was paid three days after I had the money—that is the same loan—my counterfoil is July 18th—I do not know about the bill, or if it is still in the possess on of Mr. Goodman, and was discounted through Parr's Bank in Lombard Street—I bought the shares and then I consented to take them up; I had not the money, and he said he would lend it to me—it did not come to £5,000, only £2,275—I repaid it three days afterwards—here is my counterfoil—I had to give that as security for money I was borrowing from the bank; I think that was it—I do not think the whole £5,000 was ever credited to me; I could tell you if I had my bank book—as far as I know, that counterfoil represents all the money I had of him, and I repaid the whole of that £5,000; this
is dated July 18th, 1896—I believe the £5,000 promissory note was never discounted; it was held by the bankers.
Cross-examined by MR. WILDEY WRIGHT. When I made this discovery about the allotment book I went to Sir Edward Lee and informed him of it—he appeared intensely astonished and surprised—I have no reason to doubt that that was genuine astonishment and surprise—I accepted the suggestion made that we should go to the solicitor in the morning—when I saw him in the morning he told me that he had seen Mr. Goodman in the interval between seeing me the preceding night—I think the shares were in the allotment book—I cannot say if the book is here—it was at the end of the other shares that were left—I went on to the solicitor alone—I had an opportunity during the time I was in business relations with Sir Edward Lee of forming an opinion of his integrity and honour—I always believed, and do now believe, him to be an absolutely honourable man; I have never had any reason to believe otherwise than that he was, and have not now, to my personal knowledge—I look upon him now as a truthful and honourable man, as far as I am concerned—I was closely associated with him for these few months as a director of this company.
Cross-examined by MR. HAWKE. I think I was first connected with the matter in June—whatever I said before the Magistrates was correct—until August, until Mr. Bernard went away to Australia, I had an opportunity of observing his conduct—he was the secretary to the company—I was not aware he interfered with other people's business—as far as I know he showed no anxiety or curiosity about anything except what was in his own department—I merely saw him as a secretary—he was appointed manager on July 28th—I was simply a shareholder—I had nothing to do with the board—I had an opportunity of observing Mr. Bernard—I said before the Magistrate that I took a great liking to him.
Cross-examined by MR. C. F. GILL. When Mr. Goodman asked me to go on the market and buy all the shares that I could, I assented to that—I went to my brokers, Messrs. Drucker, and gave them an order to buy all the shares they could get—I understood what he desired to do was to control the market in some way—I told my broker I was acting for Mr. Goodman—I saw no impropriety in carrying out his instructions—it did not occur to me that there was any reason I should not do what he asked me to do—Mr. Goodman inspired me with very great confidence—when I dined at his flat, everything was done sumptuously, lavishly—he had a footman at table—that was the first time I had ever been in his house—the impression produced upon my mind was that Mr. Good-man was really a man of wealth—I was his guest at Ostend; there everything was done on a scale of great magnificence; you had what you wanted—I merely had my own bedroom—if he had not invited me to go to Ostend I should not have gone there—with regard to extravagance you must go by your pocket—he was living very well at Ostend—when I joined this corporation I carefully examined the prospectus, and I saw the names of the people who were connected with it—I was gratified to see an eminent member of a firm of solicitors—they would inspire me with confidence—that member of the firm was not present at all the meetings, but at many of them—with regard to the ore atomic process I made inquiry to satisfy myself whether it was valuable as far as I could—I took it for granted it was valuable from the statement of Mr. Goodman—I am not
aware that I ascertained it from any other source—I saw experiments tried, and I was satisfied as far as my judgment was capable of forming an opinion—I do not think that I took any other Step than going down to Limehouse—I thought I was satisfied—I had no doubt about it in those days—I do not know that I am capable as an expert of forming an opinion on these things—one or two experts were there; I forget the names—I told Mr. Rendall the Company was not good enough—I did not think I retired at all.
Re-examined. Mr. Goodman never advanced me any money at all except for the purpose of taking up shares that I had bought at his request—I never asked him or anybody else to lend me money—that was the only purpose for which he lent me money—as far as I know I do not owe him a penny now—I was quite surprised when I saw that I O U—he has never suggested that I owe him any money—I do not know that he returned me as a creditor in his bankruptcy; I have not heard so—since I was at the Magistrate's Court I have received a document of some kind for £1,000 with reference to that I O U; I never heard of it until then—it was soon after I gave my evidence at the Magistrate's Court, but up to that time I never heard anything about owing any money to Mr. Goodman—I have endeavoured to find that document to bring it here, but, unfortunately, I could not put my hand on it; I wanted particularly to show it to the Court—I was cross-examined at the Police-court when I first gave evidence about the conversation with Sir Edward Lee—my recollection was the same then as it is now, that he did not tell me what the explanation was that Mr. Goodman had afforded.
Re-examined. When he refused to go with me I went by myself to Mr. Rendall's, and reported what I had seen to him—I got no explanation from him of it; but I know that he acted on my advice and information—he went to see Goodman about it; I have letter from him to that effect.
Wednesday, April 19th, 1899.
On the COURT assembling MR. MUIR stated that Goodman would admit in the hearing of the JURY that he was guilty on the conspiracy Counts, and MR. GILL stated that Squier would take the same course as to the 11th Count. The JURY then found GOODMAN guilty on the first six Counts and on the 11th Count, and SQUIER guilty on the first six Count, and both not guilty on the other Counts.
CHARLES GATE . I am manager of the British Australasian Consolidated Publishing Company—my company publishes a newspaper in London called the British Australasian and New Zealand Mail, a weekly issue—I produce the number for June 11th, 1896—it contains a paragraph relating to the West Australian (Gold District) Trading Syndicate—(Read: "Since the inauguration of the West Australian (Gold District) Trading Syndicate, Limited, in February last, the company, whose trading operations are entirely confined to the goldfields of Western Australia, has made considerable advance. There must be opportunities through-out the gold fields of Westralia for a large and profitable trading business in merchandise of all kinds to be carried on, and I hear very excellent accounts of the progress this company has made. The syndicate has branches at Perth, Coolgardie, and other parts of the Colony, and is taking advantage of the rapid advance in mining matters to extend
its business in a profitable manner. I heard that the syndicate is shortly to be turned into a corporation with a larger capital, and that it will declare an interim dividend for the past tour months at the rate of 100 per cent")—that was not an advertisement—somebody must have supplied my company with the information to have inserted that paragraph; they must have learned it somewhere—I do not know at all from whom the company got that information.
CHARLES EDWIN FILBY . I am the chief reporter of the Finaricial News—in that capacity I attended the meeting of the West Australian (Gold District) Trading Syndicate on June 18th, 1896, at Winchester House, Old Broad Street—I produced my report of that meeting at Bow Street, it was taken possession of by the Court; I have not it here—I have got here a copy of the paper containing my report—it was held under the presidency of Mr. Goodman, and Mr. Bernard, the secretary, read the notice convening the meeting—the speeches are set out; a speech by the chairman, the defendant Goodman, and a speech by the defendant, Sir Edward Lee—I should think that report is correct, I have no reason to think otherwise—I took it—it has never been questioned—I also attended a meeting on July 10th by the West Australian (Gold District) Trading Syndicate—it is reported in the Financial News of July 11th, 1896—to the best of my knowledge, the chairman's speech was written beforehand, and handed to me afterwards—I probably took it—I did not transcribe my own notes, but used the manuscript—that was the case at nearly all the meetings; I am not quite sure of this one—I should say that report is correct—there is a speech also by the defendant, Sir Edward Lee, at the end—that would be taken from my notes, and is correct—I attended a meeting of the same syndicate on July 27th; it was printed in the Financial News of July 28th—that report was taken by me in the same way, I believe, and is correct—this issue of the Financial News (Produced) contains the prospectus of the corporation.
Cross-examined by MR. WILDEY WRIGHT, The statement that these three reports as they appeared in the papers w ere handed to me, either before or afterwards, applies to the Chairman's speech only; it does not apply to Sir Edward Lee's speech—they were taken in shorthand by me in the third person—I should take a few notes of a speech of that character, and afterwards I should transcribe what appeared in the paper—as regards the first meeting, I think the Chairman delivered a speech—he did not read it.
CHARLKS DAY . I am a clerk in the office of the Financial Times—I know a man named Skinner, an advertising agent—on June 17th I received an order from him (Produced), and in consequence of that I sent a reporter to the meeting of June 18th, to report the proceedings of that meeting which was published in our issue of June 19th—this is a copy of it—we get quotations from the Stock Exchange direct on the tape—I produce the file of the Financial Times from May, 1896, to January, 1897—I have not any notes of the extracts—on June 17th the ordinary shares of the syndicate were quoted at 10s. to 11s., and the founders', three to one-half, that means.£3 to £3 10s.; on June 30th the ordinary were one and one-eighth to a fourth, and founders', nine to eleven—on July 10th, the ordinary were one and five-eights to three-quarters, founders' 16, 18; on July 16th,
ordinary, three three-quarters to four, ex dividend; founders', 35 to 40 ex dividend; and July 29th, ordinary one five-eighths, seven-eighths; founders' 20, 30—those are the corporation shares, not the syndicate; West Australian Trading Syndicate new shares—the previous quotations to those last ones were all the syndicate shares; July 16th was the last, but it would be on the 28th if they were the new shares; the 16th were the old ones, and those of July 29tb the new ones of the corporation—on August 27th, ordinary two to one-eighth, founders' 90 to 100, and the last one, September 25th, ordinary one three-eighths to one-half; founders' 100 to 105.
Cross-examined by MR. WILDRY WRIGHT. I was not present at either of the meetings personally—they were taken in the ordinary way by the reporter—the founders' shares could have been disposed of in the market at the latter end of August or the beginning of September, roughly, at £100 apiece.
WALTER ROBERT SKINNER . I am an advertising agent, carrying on business at 26, Nicholas Lane, in the City—I was employed to have inserted in a number of newspapers a report of the statutory meeting of the Western Australian Syndicate of June 18th, 1896—my instructions came from a Mr. Walter and a Mr. Beauclerk—the report of that meeting through my agency appeared in 25 papers, chiefly financial papers: a very few in the provinces, chiefly in London——I got instrnctions to have advertised the report of the meeting of the syndicate on July 10th—I got that reported in various newspapers—I am paid by cheques by the West Australian Trading—the first advertisement was partially paid by Mr. Beauclerk—the btilance was not paid—I have got the cheques here—I advertised also the prospectus—the total amount I was paid was £2,606—I spent that amount of money with the papers—the bills have not been paid—the prospectus of the corporation is advertised in the same way in a number of newspapers.
Cross-examined by MR. WILDEY WRIGHT. From first to last in this matter of the advertising there was nothing more than usual in the case of companies in the City.
Cross-examined by MR. HAWKE. My friends were Messrs. Beauclerk and Walter—the name of Bernard does not appear on the cheques—they are countersigned by Goodman, and countersigned by someone else—to my knowledge I never saw Mr. Bernard in my life.
CHARLES DOUGLAS NAPIER GRANT . I am now carrying on business as an accountant at 8, Old Jewry—before I became connected with this syndicate, the West Australian (Gold District) Trading Syndicate, I had never had any connection with Australia—the syndicate was first mentioned to me in January, 1896, or the latter end of December by Mr. Goodman—I was shown the draft prospectus of the syndicate—I afterwards went to Western Australia as manager—there had been no preparation of the ground in Western Australia by any one sent out belore to prepare the way for this company to my knowledge—I was told there had been—I did not find any traces of that having taken placein Australia—I was there from April till September—I arrived hereon November 18th—I was engaged to go out to Western Australia as manager—my salary was fixed at £750 and commission—a Mr. Latham went with me, Mr. Oliver followed later—Mr. Latham is an engineer—on March 17th, I think it was, I sailed; I
really forget the date—about the middle of March, my passage was paid—the total sum of money we took between us was £20, supplied by Mr. Good-man—we arrived in Western Australia some time about the middle of April; we landed at Albany and proceeded straight to Perth—there is a railway from Albany to Perth; I went by railway—I arrived at Coolgardie from Perth about April 28th—I telegraphed on April 28th: "Why do you not remit? I am entirely without money. Reply immediately, Union Bank of Australia. Grant"—that was to Mr. Goodman; it is addressed "Dentistry, London," his telegraphic address—on April 24th a cable was sent to me from the syndicate, telling me to make immediate application to the Union Bank of Australia, Perth: "You must secure offices, Perth;" and with that I received a remittance of £50 from the syndicate—on April 30th I telegraphed, acknowledging the receipt: "Remittance has been received. Small remittances cause a very bad unfavourable position. Union Bank of Australia. Company will be registered forthwith. Offices, care Parker, solicitor, Perth. Prospects are encouraging"—that is addressed to the syndicate under its telegraphic address, "Seneschal, London"—on May 3rd I received a cablegram sent to me on the 2nd: "I am sending you a consignment of £4,000, follow the instructions of 24th day of April"—on May 12th I wrote this letter from Coolgardie, addressed to the manager of the West Australian Trading Syndicate, Ltd (Read: "Dear Sir—I have no letter from you or the company to acknowledge by this mail; but I am in receipt of a cable dated May 3rd, which I read as follows: 'I am sending you a consignment of £4,000. Follow the instructions of 24th day of April.' I trust I have translated this cable correctly, but I fail to understand its meaning. I do not know if I am to understand that £4,000 cash has been sent to me, or if £4,000 worth of goods have been shipped to me. In either event the telegram is very badly drafted. The total amount I have received from London since my arrival is £150. I cannot understand the policy of the board. By their action they are destroying the credit of the company out here Is it reasonable to think that it is possible for a company to come out here and start a trading business on a total capital of £150, more especially when they are unknown, have no property on which to erect stores or buildings, and, in fact, cannot even open an office because they have not sufficient money to pay rent for same?'—those statement sare correct—I also said, "As regards salaries, I have been unable to pay any, either to Mr. Latham or myself, and consequently, although the company are indebted to me for 3 months' salary, I am without any. Mr. Latham is situated similarly. I do think, and do not hesitate to express the opinion, that there is every hope of doing a large business here, but it must be managed on business lines, and it is quite impossible to open stores on the field without sufficient money to acquire premises with. It is quite useless to ship out here a lot of goods without sending me money to enable me to pay the charges after leaving the wharf, customs dues, and to acquire a place of some sort to sell them in. * * * I feel that a great success for the company, or its absolute failure, is now in the hands of the board. I have done all I can on this side without money. I now want to acquire suitable warehouses here"—that was at Coolgardie—" open stores at Menzies, Hannan's, and Mount Margaret, if the board enable me to do this"—Menzies, Hannan's, and
Mount Margaret are up country stations; they are beyond Coolgardie—"I shall make a great success for the company. If they do not the Responsibility must rest in London ")—then on the 16th I cabled from Coolgardie that I had taken offices at Perth—" Everything finally arranged, offices Barrack Street, Perth, and Hinde's Chambers, Coolgardie; when can I rely upon remittance? Great local demand galvanised iron, at what price can you supply, freight paid at port of shipment? I can sell large quantity at £30 per ton"—on the 19th I received this cablegram in answer: "We can supply cost freight and insurance Fremantle £18, we have shipped 100 tons, what quantity will you require?"—Fremantle is the port near Perth, on the west coast of Western Australia—these are office copies of the telegrams; they are not the originals, the originals are in the hands of the Official Receiver—I remember them perfectly well—Fremantle is about 12 miles from Perth—it is connected by railway—it is about 300 miles from Fremantle to Coolgardie—if you leave by the 5 o'clock train in the evening you arrive at 9 next morning—Goods shipped to Fremantle from Coolgardie would pass through Perth; they would not be transhipped—that is the only route—the only railway is via Perth for Coolgardie; there is no change at Perth—the cost of transporting a ton of galvanised iron from Fremantle to Coolgardie would be, at that date, I should think, between £8 and £9 a ton inclusive—with the telegram of the 19th I received £250; that would make about £400 up to that date altogether—on May 24th I cabled from Coolgardie—it was received in London on the 25th, "Seneschal, London. Require 300 tons galvanised sheet corrugated iron, 100 tons galvanised sheet flat iron. Endeavour your utmost to ship the entire quantity required with best possible despatch. Telegraph me fully when it is expected to arrive"—I received the cablegram of May 29th: "I will remit you next Thursday. Ship by steamer 100, 2nd day of June; 100, 11th day of June; 200, 18th day of June"—I think the first consignment of goods from the syndicate came the latter end of June or the early part of July; they were samples—the first) consignment of goods arrived, I think, in August or September—I received a cable of June 5th; it is in cipher—I found an obscurity about it, and telegraphed for a correction: "Do you require any more galvanised sheet iron, corrugated galvanised sheet flat? Advise you to order immediately. Prices goings up 3s. 6d., 25s. There will be a meeting soon, statutory. Suggest telegraph me as follows:—' Transactions are enormous., Continue shipments steadily. I expect the profit on——to be £25,000'"—I did not know what "Prices going up 8s. 6d., 258.," meant—I telegraphed on June 9th asking for a repeat of a certain portion of that: "Please repeat your telegram from culcitella to middling. Why do you not remit as per your telegram of May 29th? I cannot act in accordance with suggestion until remittance has been received"—I received the telegram of June 10th repeating the message, and it was explained by the insertion of the words, "Shares are at a premium" before the words "3s. 6d., 25s.," and then it all read straight—I received a letter dated June 5th from Bernard—I did not receive it till eome five weeks later—I know his writing—it is signed "Hugh Bernard, Manager" (Produced)—the concluding passage of the letter reads: "We sent you this day the following telegraphic com-munication,"
and then follow the code words of the message, which are, "Ribaldry, culcitella, outburst, skinless, Fantopola, Fatuscada, middling, statutory, suggest, Tawdry, Treble, snobbish, prettiness, propulsada"; then, "We sent you this day the following telegraphic communication," and then follow the code words: "We will not make any remarks on this message, as its purport and object will be well known to you, and further, it will have, of course, had your careful attention, and have served its purpose before this reaches you. By this mail we send you a Financial News of 4th, showing latest quotations for the shares of this company, and notice of application to the Stock Exchange for a settlement."—I believe that to be in Bernard's handwriting—I believe both the code words and the translation are in his handwriting—on June 10th I wrote a letter to the syndicate, addressed to the managing director, West Australian (Gold District) Trading Syndicate. Read; "Since writing to you last week (June 3rd) I have received the following cable, dated June 5th"; then follows the cable: "To the above cable I replied to you under yesterday's date as follows: 'Please repeat,'" etc.; then "The third and fourth words in your cable of June 5th reached me as 'Vulbust' and 'Syinless,' neither of which words I can find in the code" Then I go on: "Your cable of May 29th promised a remittance 'next Thursday,' which would be on June 4th. Up to today, however, no remittance has come to hand, and under the circumstances I hardly see how you can expect me to adopt your suggestion and send a 'bull' telegram (which would, no doubt, be laid before the shareholders at the meeting you say is shortly to take place), and the responsibility for which would rest with me. If you suggest that I should send a cable that I expect a profit of £25,000 on present transactions, I regret to say I cannot adopt your suggestion. If, again, you suggest that I am to cable an expected profit on a capital of £25,000, I fear I must decline to do so until I am satisfied that such capital is available to work with, and in view of the contents of your letter dated May 1st, the receipt for which I now beg to acknow ledge (such letter reached me yesterday, June 9 th), I know that such amount of capital is not available. At present I am not in a position tomeet coming engagements as regards freight of goods you have already consigned, nor am I even in a position to pay duty on same"—what I said there was true—there had been no profits made up to that date—I was not in a position to pay for the charges on the goods if they had arrived—then, "Head quarters.—I much regret that you should see fit to write what I consider a censure on my actions in this respect. I have already written to you fully on this matter, and I now repeat that commercially Perth cannot be the headquarters of the company if it is intended to trade in Coolgardie and other goldfields. The directors should allow me to be the judge of what is best on this side. Perth is 12 miles from Fremantle, and goods landed at Fremantle and intended for sale up here would certainly not go into the city of Perth unless it was intended to add about 20 per cent, to the freight and warehousing charges. Goods-would be put on cars outside the Custom House at Fremantle and forwarded direct to Coolgardie without unloading. Again, goods landed at Albany"—that is the mail port—" would not go near the city of Perth, but would come to Coolgardie via Northam; to send goods intended for
sale at Coolgardie round by Perth would be a distinct waste of time and money, both of which I am anxious to avoid. I am fully established so far as necessary at Perth. The legal headquarters of the company is there and must be there, but as regards acquiring useless warehouses in that city seems to me to be an absurdity. At any time I require warehouse room there I can get it immediately if I am in the city, and if not a telegram there will secure the same result. Consignment.—While I am writing, your letter of May 8th has reached me. I regret to hear by this letter that your shipments have been delayed, but if you have been placed in a critical and ridiculous position, as you say, I, on my part, must say that the fault is entirely your own, and that I am in no way to blame. I understand from your letter of May 1st that the first shipments will Congist of apparel, boots, hats, blankets, rugs, and leather manufactured goods, such as belts, leggings. "Then" Your drafts on me—You may rely on my honouring all such, that is if I am placed in a proper financial position to do 80, I must again repeat I have no money in hand to pay customs dues, etc. I am quite in a position to realise the necessity of being careful as to whom I do business with; the laxity of local buyers in West Australia is only too well known. As regards the Union Bank I had better inform you at once that at present we can expect no assistance from that institution on this side. Our account has not been such as to give them any confidence, and I am satisfied they have made their own inquiries as to our standing and position."—Then there is a paragraph about the whisky:" Auld Scottie Whisky—I note that 300 cases will leave by 'Primshire via Singapore for Fremantle, and that two sample cases will arrive by S.S. Cuzes, consigned to Perth. I will attend to this matter. I will do my best, but I do not expect to be able to sell this first shipment to arrive." Then "Up-courtry Stores and Branches." I now come to what I consider the most important part of your letter, for it seems to me that this paragraph totally alters all my ideas, and all our arrangements made in London. The very object of the company, as I understand it, was to trade in the goldfields—the very title of the company implies it. Now, however, I am definitely instructed that I am to trade in Perth (which is not in the Gold District), and in Perth alone. Of course, I shall carry out your instructions, but I must point out that by your instructions the objects of the company are now confined to trading in Perth, a large and well-established city, with many flourishing; shops, stores and hotels, and certainly the prices we shall realise in that ciiy will be very different to those we could get on the gold-fields. I may add that my reading of the three letters I have received from the company, and their cables, that their financial resources are very limited, and I can only assume that they instruct me to trade in Perth, and thus alter the original ideas, because they have not sufficient means at their command to allow the goods to go up-country. The mail is just leaving and I must therefore close. Again assuring you of my best endeavours to make the company a success"—while I was managing in Western Australia I was never in a position to trade up-country—without doing that it was impossible to follow the movements of the diggers and supply those up-country stations in the way which the business required it in the passages that have been read—I also sent this cablegram, "Seneschal, London—You may ship 400 galvanised corrugated iron, I
will leave immediately Perth, and wait until you remit by telegram there: Your letter of (——) came to hand today, May 8th: Your instructions are having every attention: Nothing can be done if you do not remit Public Battery, a thorough good business; 40 Krom rolls and cyanide plant." "Buggy" means "Ship at once to Fremantle (—)sets of Krom rolls capable of treating 40 tons a day of twenty-four hours." "We have sold six saddles Like mine: You must ship quickly by steamer"—I had not sold anything at that date—the six saddles referred to in the telegram of June 12th, were my first sale—on June 15th I sent a cable, addressed to "Seneschal, London," "We have obtained grant battery site water gratis, but salt; tell inquirers the profit will be great and immediate. Telegraph immediately if you can ship." That related to the erection and running of a public battery on the Goldfield of Coolgardie—I had got the grant of a site—on June 15th I sent a cable; the signature is W. A., T. S., Limited: "Shipped 300 galvanised corrugated iron, 100 galvanised sheet flat. Do you require any more? Have no reply yet statutory, 18th day of June"—then on June 16th: "Please refer to my telegram of the 12th day of June, 400 more than shipped, continue shipments steadily, by what vessel have you shipped? When is it expected to arrive? Sale of shipments likely to show a very great profit"—I was not able to make any sale of any of these goods to arrive, I had none of the information necessary to enable me to do it—on June 19th I received this letter: "Up country stores. Our desires in our letter of the 8th May last will, we feel assured, have your best attention, as promised in your cable of the 12th instant. You will see that for the present, at all events, the business must be confined to your head quarters at Perth, unless you know of something exceptionally good. We have several further consignments ready for next week, and these will reach you in the same way through the Union Bank of Australia." And on June 24th I wrote to the company; it is a very long letter—then on the 27th there was a cablegram I received: "Special settlement granted, shares pooled. Ordinary shares are at 11s. premium, founders' £6. Goodman requests me to telegraph you as follows: Gratuity, £200; Latham Olivier, £25. Have much pleasure in stating that you are appointed agent Bass beers. Galvanised sheet iron corrugated: do you want any more?"—that agency for Bass's beers, I subsequently discovered, was for beer in bulk—in my opinion that was no use, I was not able to make anything of it in Western Australia—there is draught beer sold there, but I do not think it could have been imported and sold at a profit in Coolgardie—there was another agency of someone else for the bottled beer—I also received this from Bernard, as manager in London: "On 20th inst. we wired you as follows." Then follow the code words. "From this you will understand that for the present we can give you nothing more definite as to the name of the steamer in which the galvanised iron will leave. Saddles: 12 sets of these with bridles are already under way"—I had not the saddles before—that refers to a consignment of saddles to me—" Heidsieck, we have not succeeded in arranging terms with Messrs. Heidsieck and Co., and are in the alternative negotiating for the agency for the * Piper Heidsieck 'brand"—on August 28th I sent a letter to the syndicate addressed to the managing director again; it says: "Your consignments. These, or rather, the
majority of them, have just arrived at Fremantle; when it will be possible to clear them I cannot say." Then is set out a cable I had sent on: "I will leave as soon as possible for Northam, and report. I have seen reports meetings June 18th, July 16th; will write you thereon." Then: "The two papers which I have been shown are the British Australasion of June 25th, and the number of the same paper published on July 16th, and they contain what purports to be reports of the two meetings mentioned above. The statements, or some of them, are of such an extraordinary character that I cannot understand them in conjunction with the facts as known to me on this side., However, 1 will write you fully thereon by next mail; meantime, I had better say at once that if your speeches are correctly reported I cannot support many of the statements made"—up to that time no profit had been made in "Western Australia—I think Bernard arrived at Perth about September 9th—this cable-gram of September 9th is to Bernard, sent from the West Australian Trading Corporation, 28, Basinghall Street, E.G.: "Send all the news you can for newspapers. Telegraph immediately"—when it arrived Bernard was not able to attend to business and I opened the telegram—I handed it to him—I spoke to him about it—he said it was nothing to do with the company; it had come from a Press Agency in London; nothing more—Bernard did not take the management of the company after he came out whilst I was there—I arrived here on November 18th; I left about the middle of October—I had been served with a copy of a power of attorney, revoking the power of attorney which I held from the syndicate, and I considered it necessary to come home and see the directors—my authority to act for the syndicate had been revoked—when I left Bernard was left there—this letter of September 11th is a private letter to Goodman from Bernard: "Your cable reading 'money tight, all well, 35s., £85,' duly reached me. It was as a token that your promise to keep me posted as to market movements had not been forgotten in the multiplicity of your affairs, I wired you through Reuier yesterday, as follows: 'Process causing intense excitement goldfields, phenominal royalties offered'"—I was out there at the time that cable was sent—I never heard of anything of the kind; if there was I should have heard of it—this letter is dated from Perth—Bernard had never been to the goldfields at that date, unless he had been in Australia before—"Now, as a matter of fact, the whole of your remarks at the meetings of our company in London are as well known here as at home, and severe criticism has been indulged in freely as to what it means. I could tell them, and shall do so in demonstrative form sooner or later, but of course the time is not yet come. I also wired you yesterday the following. 'On my presenting myself at the office of Mr. Sparrow, agent for Messrs. James Fell, I found to my disappointment that that gentleman was away at the opening ceremony of the railway to Kalgoorlie.'"—that opening ceremony took place at Kalgoorlie some hundreds of miles beyond Coolgardie—"I have, therefore, to wait till his return on the 14th inst., when I will advise you by wire, of progress. In the mean time I am unwillingly at a standstill over this matter. I also wired you yesterday the following: 'Using utmost despatch, Sparrow. Syndicate holds good position here. Grant most
energetic, but complains secrecy observed respecting London movements; is suspicious enough to be wicked; await letter'"—the syndicate had mot a strong financial position—" I trust the whole of this wire was intelligible to you. I will, however, proceed to give you my meaning more fully. In doing so, I hope you will appreciate the delicacy of my position, and believe that if I ask you to await my next letter for more details it is from the honest fear that 1 might in a few days' stay be guilty of a hasty judgment. However, it is my duty to report to you that before Mr. Grant would discuss the situation from the point of view of the company's interests he informed me that he proposed to make no secret of the fact that the prospectiis of the corporation was not based upon fact, and that if the London office did not take him more into their confidence, he would take the earliest opportunity of returning to London, making his claim according to his agreement for his percentage on the profits made by the syndicate, which he estimates on the terms of the prospectus of the corporation, or, in other words, the difference between the capital of the syndicate and the purchase price paid for the goodwill, &c., of the same by the corporation. Now this is wicked, if meant, but if not meant it should never have been spoken. On the other hand, I must confess that in my opinion it was expressed in the heat of the moment, and there is a great deal to he said in favour of his stand-point. For instance, eight men are sent out in his charge; he is not advised of their missson. On their arrival they severally admit that "they do not even know the character of their own errand. He is handicapped with the support of all these, and is left in a quandary as to their disposal on the fields, they clamouring for their salaries in advance, money for their living expenses, &c."—eight men were sent out to me; 1 was told they were engineers; they were uselesf—" then without any Advice from headquarters he learns that I am en route for Perth. Thus, in justice, I must say his grievance has foundation, but, on the other hand, he is wrong in attributing all this to a wrong motive, he should not, as he has done, and openly admits to me as having done, kept duplicate and certified copies of all correspondence from home by mail and wire, by which he can bring sufficient pressure to bear upon headquarters to enforce an accession to any of his demands, even suggesting as a lever the columns of the financial press at home. However, as you must know, I am writing this after comparatively a few hours' stay; please give me till next mail to advise you more fully. 1 have notified Grant of my power of attorney in the matter of the ore reduction process. It is, of course, inoperative until the registration of the corporation here, which, presuming all the necessary documents are to hand by the incoming mail, should not be a matter of many days. I have just received a cable reading: "Send all the news you possibly can for newspapers; telegraph immediately.' This reached me through the hands of Mr. Grant, opened haying been sent care of Union Bank of Australia instead of, as arranged, through Reuter. It will have my attention, and I think was in some measure anticipated yesterday"—this letter of September 18th to Goodman is in Bernard's handwriting: "Consignments: You will learn, I presume, from Mr. Grants letters of the disgraceful condition of things at Fremantle. Had it not been for this the matter of finance at this end would be simplified. As it is, only the first of the
Shipinents are now being landed. This has consequently afforded no opportunity for the realisation of the same in money to meet acceptances"—the shipments had been at Fremantle some time, but it was very difficult to get them out of the ship—" I wired you on Tuesday last the following: 'Opening Kalgoorlie extension; high compliment paid corporation enterprise; fullest Government support promised; profits must be many millions.' Trust this duly reached you and was intelligible"—that letter is dated from Perth—Bernard had not been at the ceremony of the Kalgoorlie extension—the Trading Corporation had nothing whatever to do with that extension—I never heard of any high compliments at that opening to the enterprise of the corporation, or of any promise of Government support, or that the profits must be many millions—this is a letter dated July 17th from Bernard to me: "We are since in receipt of your letter dated June 10th"—I think I arrived in November—on my arrival I saw Mr. Goodman and Sir Edward Lee and Dr. Ogilvie—the day after I arrived in England I reported myself at the office, and asked to see the directors—I saw them; they were present—the solicitor, Mr. Rendall, was with them, I think; and I told them I had come home in consequence of having my power cancelled, and I made a claim on them for certain sums of money which are still due to me, and which is now in the Court of Chancery—I mentioned the telegram of June 5th, asking me to send a telegram in view of the statutory meeting—they all denied having seen it—General Tulloch was not present—he was not a member of the board of the corporation—Sir Edward Lee said he had seen no such telegram at all, and he also added that he had never seen any of my correspondence—I had never sent any cablegram or communication of any kind stating that a profit of £5,000 had been made, or anything to that effect; there was no truth in the idea—I do not remember the date, but I was present at a general meeting at Winchester House—Sir Edward Lee was in the chair, and I believe he said he was in the chair through the absence of Mr. Goodman through illness, and he made a speech, and eventually informed the shareholders that I had arrived from Western Australia, and told the shareholders that I could tell them how the business was going out there—I then was asked to speak, and I did speak at that meeting—I said, so far as I can remember, that I was not satisfied with the way in which the business had been conducted on that side—under the advice of my solicitor I read to them a certain cablegram that I had received, and the letter I had written in reply to this cablegram—that was the cablegram of June 5th, and my letter of June 10th—I told them there was a prospect of doing a very good business there, had the business been conducted on this side with proper management, and had sufficient funds been supplied to the management out there to carry on the business in a proper manner—I do not remember that Sir Edward made any reply, except to tell me that he knew nothing whatever about any such telegram or letters,
Cross-examined by MR. WILDET WRIGHT. My appointment as manager was not arranged between Mr. Goodman and myself before the first board meeting, and I had not practically accepted that appointment—he asked me if I would take the appointment and he recommended me for
the appointment—I went to the board meeting when I was appointed—Sir Edward Lee subsequently asked me when he joined the board as to my business experience, and things of that sort—at that time I believe I thought there would be in Western Australia an unlimited market for genuine good trade, and there was—I thought that trading might fairly and legitimately be carried on, and would be carried on at a very large profit—I pointedly expressed my opinion to all the directors—Sir Edward Lee suggested I should take a smaller salary and a larger commission—my telegrams were absolutely correct in every detail—I had a letter from Sir Edward Lee while I was in Australia, which he wrote from London, dated July 30th—(Read: "14, Waterloo Place, July 30th, 1896. My dear Mr. Grant, the bearer of this, Mr. Ellis Wills, has made his way to Western Australia with the object of making money there, and knowing him to be a gentle-man of excellent business attainments, I have given him an introduction to you, his primary object being to get some employment, and in this it it occurred to me that you might possibly be in a position to give him a helping hand. Let me take this opportunity of congratulating you on the splendid results which have attended your labours; they are regarded over here as well nigh phenomenal"—I never saw anything whatever in the conduct of Sir Edward Lee that was not to my mind thoroughly straight-forward or honourable—the interview I had with the directors I think, was about November 19th—I was there for about 20 minutes, I should think; it may have been a little longer—I communicated to the directors the details of the business that had been done in Australia, or had not been done—I told the directors that I desired to attend the meeting of the shareholders which would be held in a few days, and that I would, if allowed, go fully into matters at the meeting—on one occasion, before the board meeting, or my interview with the directors, or the meeting of November 27th, Sir Edward Lee called on me at ray chambers in Jermyn Street—I did not go into any details—then he expressed the opinion that he wished to come to the meeting and hear my statement—at the meeting Sir Edward Lee said he was reading from a paper prepared for Mr. Goodman—he said in his judgment, though he did not know it at the time, Mr. Goodman in the past had in his opinion taken far too roseate a view of what was going on in the Colony, and that some new blood was wanted on the board and some good commercial men at the head of affairs or something of that kind—I do not think much of Sir Edward Lee as a business man—my opinion from what I saw was that he had little or no business capacity, and was not a business man—he gave me to understand that he thought a great deal more had been done than had been done, and that he was no party to my dismissal, and did not know of the fact—I looked on Mr. Goodman as the founder of the company, and as the managing director generally—I thought he had entire management of it.
Cross-examined by MR. HALL. I should think it was about the middle of January Mr. Goodman spoke to me with regard to acting as manager in Australia—at that time I had been to his private house several times—Mr. Goodman introduced mo to Mr. Bernard—the first time I heard of the syndicate the prospectus was printed—Mr. Goodman took me up
to 19, Basinghall Street, and showed me the draft printed prospectus of this thing, and introduced me to Bernard—that was about the middle of January—I do not think I ever met Mr. Bernard at Mr. Goodman's private house—when I went to Basinghall Street the name of the company was not up at all, Mr. Slater's name was up—I was told by Mr. goodman that at that time Mr. Bernard was acting as deputy for Mr. Slater—Mr. Slater was ill, and Mr. Bernard had undertaken his work—that continued up to the time I went to Australia—I never saw Mr. Slater at all—I only saw Mr. Bernard at Basinghall Street, and the night before I left also at a board meeting of the company which was held in the West End, acting as secretary of the board meeting—I went several times afterwards to the office, and there I saw Mr. Bernard—I think I always addressed my letters to the managing director, one or two are to Mr. Groodman personally, but all the others are to the managing director I knew I was addressing the managing director when I was addressing Mr. Goodman—on August 25th there is a letter directed to the managing director of the West Australian Gold District Trading Syndicate, 19 Basinghall Street: "I very much regret to hear that you have been so ill, and am very anxiously awaiting promised telegram saying that you have regained your health"—that would relate to Mr. Goodman—they were addressed, as is shown by the book—this letter of September 11th is from Mr. Bernard to Mr. Goodman: "I wired you through Reuter yesterday, as follows: 'Process causing intense excitement Gold-fields, phenominal royalties offered'"—I did not knew that it was known in Australia at that time what had been said by Mr. Goodman with regard to the ore atomic procesa,—I had seen some article in one of the Australian papers about the ore atomic process—it was true that if it was a genuine process it would be a very valuable one for reducing quartz—I cannot say there was any excitement about it—I had a specification sent to me, hut I never applied for any patent for it—I do not know that Mr. Bernard did—I know a man named Sparrow, he is a solicitor, I think, in Perth—I do not know of any steps which were taken by him to register this as a patent in Australia; I have heard since that he did apply for a patent there—if it had been a genuine one it would nut have practically revolutionised the reducing of quartz in Australia; it was as old as the hills; it had been known for thousands of years—I do not know that it was reported in Australia that the statements Mr. Goodman made about it were as to its great value—I know some article appeared in the papers; where they got their information from I do not know, whether from Mr. Goodman's speech or what—if what Mr. Goodman said was true it would have been of great value—I do not know anything about Sir Gerald Smith, who was then the Governor of Western Australia, giving a special promise to Mr. Bernard with regard to the support of the corporation—I am not in a position to contradict it—I know nothing about negotiations with regard to the Government support of the corporation being carried on with the Government through Mr. Sparrow.
Re-examined. I did not get any offer of Government support when I was in Western Australia—I had no prospect of anything of the kind—on the several times I attended at the office of the syndicate in London Mr. Bernard was there—I had never made any representation which
would justify that statement by Sir Edward Lee: "Let me take this opportunity of congratulating you on the splendid results which have attended your labours, they are regarded as well-nigh pheno-menal."
ALFRED GROSVENOE HINCKS . I am a qualified medical practitioner, of St. Vincent Eoad, Southend—I know John Archibald Forbes, living at 26, Grove Hill Road, Denmark Hill—he is now at Southend—I am in attendance upon him for illness—he is now suffering from conges-tion of the brain—in my judgment he is unable to travel and give evidence here.
CHARLEI EICHARDS . I am an inspector of the Criminal Investigation Department—I was present at Bow Street on the hearing of this charge when the witness, John Archibald Forbes, was examined as a, witness; his evidence was taken in the presence of the two prisoners—they had the opportunity of cross-examining him.
The deposition of JOHN ARCHIBALD FORBES was then ready as follows:
JOHN ARCHIBALD FORBES : I live at 26, Grove Hill Eoad, Denmark Hill I went as clerk to the West Australian Syndicate at Basinghall Street on 18th May, 1896. It was myduty to take down business letters in shorthand, and then to type them. Mr. Squier used to dictate the letters to me. I have, I think, sometimes taken down a note in shorthand from Goodman I believe Bernard wrote the cablegram for Australia. The cablegram, Exhibit 19, is in Bernard's writing. The cablegrams were also pub into a press copy book, and at folio 386 of the book produced I find (Exhibit 88) a press copy of the cablegram of June 5th (Exhibit 19) signed Hugh Bernard, in his handwriting. I do not remember seeing that cablegram before it went out. I did nob see them as a rule. Exhibit 34 is signed for the syndicate by Squier I typed some of the letters sent to Grant They were as a rule written first by Bernard It was part of my duty to copy into a book the invoices of goods purchased. That book is produced (Exhibit 89). Bernard has copied some of the invoices into this book. The total amounts shown in this book of the goods shipped to Australia up to June 18th, 1896, is £4,481 16s. 10d., which includes 102 tons 9 cwt of galvanised iron of the invoice value of £1,471 6s. 7d. The total amount of goods shipped up to July 18th is £.7,920 7s. 5d., including 264 tons 16 cwt. of galvanised iron of an invoice value of £3,838 5s., 7d. The total amount shipped up to July 28th is £11,196 11s. 1d., including 450 tons galvanised iron. I saw in the office, before June 18th, the notes of the speech which Goodman delivered at the statutory meeting. They are now produced. Exhibit 90. They are typewritten in part, with alterations in blue pencil by Bernard and in lead pencil by Groodman. On page 19 of the notes I find the words, "Cable continue shipments steadily, profits must be enormous, ship at once plant for another public battery; profit £25,000. Produce copy of last cable." The figures, "£25,000," are crossed out in lead pencil and the words, "produce copy of last cable," are crossed over in ink. On the last page are the words in pencil, "We have made profits equalling twice the amount of our capital; take advantage of the compulsory meeting to give a little bit of sugar for the bird and we look forward to an early date." This is in lead pencil. (Cross-examined for Goodman.) I first went to the sydicate's offices on May 18th, 1896, and left on the Christmas Eve following—the
invoice value of iron shipped up to July 28th was £6,560 odd; and after July 28th the amount of iron shipped was £4,740; total up to September is £11,300 odd—the total amount of the corporation's shipments of all sorts, including the iron, was £15,854—the invoices show the names of the ships by which the goods were sent—the shipping agents were Messrs. Bethel, Gwyn, and Co.—we had a good many samples of goods in the office. (Cross-examined For Bernard.) I was only a junior clerk—Mr. Clarke was a fellow clerk of mine—it was not his duty to take the notes of the mail correspondence for me to type-write—I believe it was Bernard's duty to decode the copies of the out-going telegrams and take a copy of them and put them on the file—I do not know who kept the trading-books, cash-book, and ledger—I never saw Bernard code a cablegram.
Re-examined. I do not know who composed the cablegrams—Goodman was in the office nearly every day, as also were Squier and Bernard."
THOMAS ALBBBT CLARKE . I am now a solicitor's clerk—I was a clerk in the office of the West Australian Syndicate—I have seen the letter or circular dated May 26th, 1896, and signed Hugh Bernard, secretary (Produced)—it is typed—the signature at the end ib Mr. Bernard's signature—I typed several copies, and J think this copy, by Mr. Bernard's instructions—I got a draft from him—the copies I made of that letter were sent out by post—they were sent to the shareholders, I believe—(Read: "May 26th. Dear Sir,—Your banker's receipt for £30 in payment in full for 100 ordinary shares and 5 founders' shares in this company duly to hand. In exchange I beg to send you herewith share certificates Nos. 22 and 23 for the same. It is my pleasurable duty to take this opportunity of referring to the success which has attended the inauguration of this company; its branches at Barrack Street, Perth, and Hinde's Chambers, Coolgardie, are busy in the disposal of the large consignments sent from this end, of provisions, wines, spirits, tobaccos, cigars, apparel of all kinds, boots, hats, flannels, blankets, rugs; iron of all kinds, hardware, and countless other commodities. The range of profits have proved to be so great that my directors look forward to the statutory meeting of shareholders with great pleasure in their ability to show that not only the dividend payable on the ordinary shares will be earned, but that the syndicate will be in the unique and enviable position of having a goodwill connection and established trade, besides premises, stock, and options which will represent as assets many times the whole of its share capital. In the meantime its shares are being dealt with on the London Stock Ex change, the ordinary at 5s. 9d. to 6s. 3d., and the founders' at £1 3s. 8d. to £1 1s. 2d. I am, dear sir, yours faithfnlly, Hugh Bernard, secretary ")—that was sent out by Mr. Bernard's orders—Exhibit 19 is in Bernard's writing.
Cross-examined by MR. HALL. I was originally in the employment of Mr. Slater as his clerk—he was the first secretary of the company—when Slater was ill I continued under Mr. Bernard—I believe there were two or three code books about the office—sometimes Mr. Squier wrote out the code forms, sometimes Mr. Bernard—I do not remember that when the code form was written out it was filed—I think those that were received were put on a file, and afterwards translated—the prospectus that was prepared was outside the office altogether; I never saw any of the preparation
of it—I made a draft of one speech at least—the speech I type wrote was dictated by Mr. Chapman—I do not know who he was; he was not anything to do with the company; he was not an officer of the pany; a friend of Mr. Goodman's, I think—I continued as a clerk to the corporation after Mr. Bernard went out to Australia—I do not think he had anything to do with the corporation offices—many people used to come into the office for business purposes—the travellers principally saw Mr. Squier—several brokers' clerks came into the office in connection with Stock Exchange transactions—they principally came with transfers to be registered—I generally saw most of them and the other clerks—I do not think there was a fixed office for the secretary—I did not sit in the same room with Mr. Bernard.
Re-examined. I think Mr. Chapman dictated the speech in which the phrase occurred, "A little bit of sugar for the bird"—that is the one of June 18th.
WOLSTON TRUBSHAW . I am a merchant, of 123, Cannon Street—early in October, 1896, I became acquainted with Goodman, and soon after my acquaintance I made advances of money to him—he transferred into my name a number of shares in the West Australian (Gold. District) Trading Corporation—about November 6th, 1896, Mr. Goodman applied to me to make a further advance of £1,000 to the West Australian Corporation—he negotiated that loan at the office of the corporation—they gave me for a security an acceptance of the company, signed by Mr. Goodman and Sir Edward Lee, and it was guaranteed by Mr. Goodman—before I agreed to make the advance Mr. Goodman assured me that the finances of the company were in a most satisfactory condition—after some conversation with Mr. Goodman, I requested some other director of the company to be called in, and Sir Edward Lee was called in by Mr. Goodman in consequence—Sir Edward Lee corroborated him—he corroborated a specific statement that Mr. Goodman made to me, which was that they had been advised that a remittance of £6,000 was due by the previous week's mail, but had not arrived—Sir Edward Lee expressed assent—he corroborated the statement that that remittance was overdue—on the faith of those statements I advanced the £1,000—I took the bill I have mentioned—I cannot remember the specific words, but he generally corroborated Mr. Goodman's statements that the company was in a satis-factory and sound position financially.
Cross-examined by ME. WILDEY WRIGHT. The promissory note for £1,000 was signed by Mr. Goodman in the first instance, and on referring to the Articles of Association I found it necessary that two directors must sign acceptances, and I afterwards got the second signature of Sir Edward Lee—Mr. Goodman gave me his personal security in the shape of of a letter—I had also 1,000 shares deposited with me in Goodman's Dentistry Company, 7 per cent, preference shares—the first interview I had with Mr. Goodman, with reference to the loan of £1,000, was at the office of the company—Sir Edward Lee was not there at the first interview—no cablegram of any kind was shown to me on that occasion from Mr. Bernard in Australia.
into the affairs of the West Australian (Gold District) Trading; Corporation—the petition for winding-up was presented on December 14th, 1896—that was a creditors'petition—the unsecured debts are about £15,000—in addition there are two sets of debentures, one to the amount of £2,500, and the other to the amount of £5,000—taking the shares which have been issued at their face value, there will be, according to our estimate, a loss to the shareholders of about £385,410—the total number of shares subscribed for by the public was 12,119 ordinary shares, which were paid for at a premium of £1, making: a total sum of £24,238—there are some not paid for—the amount should be £24,238—in addition there were 1,071 founders' shares, subscribed for in cash, representing £1,071—80 far the assets have realised about £7,000—I have put the estimated value of the unrealised assets at £1,000 myself; J think that is an out-side estimate—it includes the value of the ore atomic process; it is almost impossible to pub anything like an accurate estimate on that—I find that Sir Edward Lee was allotted in the syndicate 100 founders' shares—by the cash-book he appears to have paid that sum on May 21st, 1896—that sum of £100 was paid out of the proceeds of a cheque that was drawn on the company's funds—on May 19th so far as I have been able to trace it—I have no doubt of that—that was a cheque for £160 that was drawn on May 19th—on the counterfoil of that cheque for £160 drawn on the company's account, I find in pencil an entry, "Lee £100, Tulloch £60"—that entry on the counterfoil is in the same handwriting as the body of the cheque—I believe that to be Mr. Bernard's writing—Sir Edward Lee bought 25 ordinary shares of the syndicate.
Thursday, April 20th, 1899.
WILLIAM PERCY BOWYER (Continued).—I find that that transfer is registered as July 18th, 1896—he was allotted 2,050 ordinary shares in the corporation—100 founders' would give him 2,000 ordinary, and the 25 shares would give' him 50 ordinary—for ten founders' shares under the scheme he became entitled to subscribe for them at par, which he did, and paid for them—those shares stood in his name up to December 1st, 1896—he transferred them to a man called Meadowcroft, for a nominal consideration—they were of value then, very little value—Bernard was allotted 25,175 ordinary shares in the syndicate and 2,910 founders'—it appears by the books that a large number of those shares appear to have been dealt in by stockbrokers who apparently had a call upon them—at the formation of the corporation Bernard was allotted 1,000 ordinary and 5 founders' shares—it is shown from the books that the stockbroker has paid in a very considerable sum of money, and a clerk has given a transfer of those shares which stood in Bernard's name—he sold them on the Stock Exchange, although they did not stand in his name (they stood in Bernard's name), and paid the money to the company—the company had the benefit of the money for which this stockbroker sold—I understand that a broker on 'Change, if he has an option of sale of shares, insists on them being put in the name of a nominee, so that the shares shall be available when he exercises his option—when it is suitable for them the market is made, and then he transfers the shares to the purchasers—there is a letter in the company's book showing that an option was given to certain stockbrokers for a large number of these
shares—at the date of the liquidation Bernard only held 5 founders' shares—he transferred all except 65, in October, and 65 he transferred in November, 1896; at least that was the date of the registration—he was not in this country at that date—that is the date it was registered in the books—I have also examined the trading books of the corporation—the ordinary books for a trading company were kept in the office—I do not find any trace at all of any profit ever having been made on the sale of goods—there is no trace of any profit and loss account anywhere—I find no trace in the books of any remittance ever having arrived from Australia, or any trace of its being promised by Grant or Bernard from Australia—this is the cheque which was apparently drawn to pay for the cablegram of June 5th for £3 16S. (Produced); the body of the cheque is apparently in Bernard's handwriting—it is payable to H. L. Goodman, Esq., in Mr. Bernard's handwriting, and then in Goodman's handwriting is "cable W. A. bearer;" "order" is struck out and "bearer" is put in—on the counterfoil I find an entry in Bernard's handwriting, the words, "L. H. G., Esq. petty cash cabled. Seneschal, Coolgardie"—the dividend of 100 per cent, was paid on or about July 18th; it was not exactly a dividend of 100 per cent., but the dividend that was paid was on July 18th, or a few days later—it was paid at the rate of 86 2-3 per cent, on the ordinary shares, and at the rate of 140 per cent, on the founders' shares.
Cross-examined by MR. WILDEY WRIGHT. Sir Edward Lee had 2,050 shares in the corporation.
Cross-examined by MR. HALL. Mr. Duncan is the receiver for the debenture-holders—he was not appointed in any way by the Official Receiver—he is not holding an inquiry into the matter; he is realising the assets for the benefit of the debenture-holders—I do not know that Mr. Bernard cabled from Australia to Mr. Duncan, offering to return at once, and give any evidence if he were needed—there was a suggestion that he would return if the expenses of returning were paid, but whether he cabled that, or whether the agent of Mr. Duncan cabled that, I cannot say—I know that there was some message of the kind that reached this country—under the scheme for reconstruction legally Mr. Bernard could not receive 5 founders' shares without payment, but I am afraid he did—the 5 founders' shares were registered in his name—there is no trace of any payment made by Mr. Bernard for the shares, nor for the 1,000 ordinary shares; he was entitled to a great deal more than 1,000—whether he had them for himself or others 1 could not say—it might show, to work it backwards, from the number he held in the corporation, what number he held in the syndicate in his own right—he did not pay for any shares in the syndicate except some he transferred to another person named Scott, who paid him the moneys—there are 6 transfers out of those registered here in the syndicate, one of 2,000, one of 400, one of 200, one of 100 ordinary, and 250 founders' and 20 founders'—I cannot say in whose handwriting they are—the share ledger does not show who transferred them—it is possible that if Mr. Goodman entered those shares in Mr. Bernard's name Mr. Goodman may also have transferred them.
Further Cross-examined by MR. WILDEY WRIGHT. There would have been required 5,000 for the purpose of paying the 100 per cent, dividend
—there was required £3,000 odd, the reason being that Goodman did not get all that he could hare drawn as his dividend, because he was indebted in a cross account to the company; that is the main difference.
By MR. AVORT. If the dividend had been paid on all the shares as they then stood in the books, it would have amounted to about £5,000—the balance of the company's banking account on July 16th was about £200.
LAWRENCE HENRY SENIOR . I live at 8, Norland Square—early in 1876 I was asked to become a director of the West Australian (Gold District) Trading Syndicate, and I did—I was present at three or four meetings—I proposed the alteration as to the quorum, 3 instead of 2—I wrote this letter of March 26th, addressed to the secretary of the West Australian Trading Syndicate, Limited: "Dear Sir,—I beg to inform you that I have decided to resign my position as a director of the West Australian Trading Syndicate, Limited, from this day's date. Kindly acknowledge receipt of this information, and oblige, yours faithfully, (signed) L. H. SENIOR"—I sent, that by hand—I timed it to arrive just before the board meeting was summoned for—I got an answer from the secretary within two days—I destroyed it, I fancy—the effect was that as they had gone to allotment my resignation could not be accepted except by a general meeting of the shareholders—I wrote the letter of March 30th, addressed to the secretary of the syndicate: "Dear Sir,—I am in receipt of your letter of the 26th inst, which did not reach me till the 28th inst. My letter was timed to arrive during the meeting of the board of which I had notice, so I cannot understand why the matter was not dealt with at once. Please take notice that I consider myself as having ceased to be a director of the West Australian Trading Syndicate, Limited, from the time of receipt by you of my letter of resignation"—shortly after receiving that letter I saw Bernard on the Underground Railway—I spoke to him about my letter—he said it had been opened and read at the meeting, and that Mr. Goodman suggested it should be left over for consideration to a future meeting—within a few minutes of seeing Mr. Bernard, I went straight up there, and saw Sir Edward Lee—he said exactly the same that Mr. Bernard had said—I then consulted my solicitor, and through him I threatened proceedings against the company for keeping my name as a director—after consulting my solicitor I called on Sir Edward Lee at Waterloo Place—I said that I had determined to give up the thing, I did not like the look of things, and I recommended him to do the same, and I said he would be sorry for it if he did not—he seemed rather impressed by what I said at the time, I thought—under a threat of taking an injunction, my name was removed finally about,. June 2nd.
Cross-examined by MR. WILDEY WRIGHT. I am district manager to an insurance company, where I am now—I heard Mr. Goodman say at one of the meetings that it was desirable that goods should be shipped At once, and he would make himself personally responsible till the syndicate was in funds for the whole expenses of those shipments—the principal object of my calling on Sir Edward Lee was not to see if through his many friends he could influence some insurances—I did not tell him in the first instance that was the reason I had called—it is nearly three years
ago since this conversation occurred; I am only speaking from memory as to it—my attention was not called to the conversation again until a comparatively recent period.
Cross-examined by MR. HALL. I think I sent in my resignation on March 26th—before that time I had occasion to see Mr. Bernard at the office; I saw him when I attended the board meetings—he was simply acting there in secretarial capacity, apparently in quite a subordinate position—I do not know that 1 asked him any questions.
Re-examined. The conversation with Sir Edward Lee at Waterloo Place lasted about 10 minutes, I think.
WILLIAM MOODY . I am the chief clerk at the head office of the Capital and Counties Bank, Threadneedle Street—the Western Aus-tralia (Gold District) Trading Syndicate had an account with our bank—this cheque for £160 was cashed over the counter in bank notes—the same notes were paid back into the credit of the account on the same day—the cheque was drawn on the 19th, and cashed on the 21st.
CHARLES RICHARDS . I am an inspector of Metropolitan Police—I received warrants from Bow Street for the arrest of the defendants—after arresting Goodman I arrested Sir Edward Lee at 14, Waterloo Place, on November 22nd—I said, "Sir Edward Lee, I believe?"—he replied "Yes"—I said, "I am a police officer, and I hold a warrant for your arrest for conspiracy and fraud in connection with the West Australian Syndicate"—he replied, "I am very sorry to hear that; I have been prosecuted in connection with that, and have had to pay; I have also been examined by the Official Receiver"—I afterwards read the warrant to him, and he replied, "Oh, yes"—on the way to the station he said, "I think the Government is quite right to prosecute in such a palpable fraud as this is, but I was not in the fraud"—when the charge was read he said nothing.
WILLIAM MEW (Police-sergeant). I saw Bernard on November 30th, at Balham, outside his residence, 9, Cherriton Square—I told him I was from Scot-land Yard—he said, "That is strangp, I have been expecting you all day"—I conveyed him to Bow Street in a cab—on the way he said. "I have tried to get an honest living, as true as God is my judge"—he at the same time produced a letter from his pocket, sealed and stamped, ready to be posted, and addressed to Mr. Sims at the Treasury (Read "9, Cherriton Square, Balham, November 30th, 1898. To Mr. Sims, Solicitor to the Treasury. Sir,—Noticing that my name is mentioned in connection with the charge against the directors of the West Australian (Gold District) Trading Syndicate, I write to inform you that it is my intention to surrender at Bow Street to-morrow, there to answer any accusation that may be made against me in relation to the same. I am, yours obediently, H. Bernard.")
Witnesses for the Defence.
SIR EDWARD LEE (Theprisoner.) I am 65 years of age, and in early life I was destined for art as a profession, drawing and painting; I was educated for some years with that view—later I accepted the directorship of the Literary Department of the Crystal Palace—during the period I was there I organised and developed the Crystal Palace School of Art, Science, and Literature, now a leading educational institution—I resigned that position
for the purpose of taking the managament and organising the Dublin Exhibition of Arts, Industries, and Manufactures, in 1872, which was opened by the Duke of Edinburgh—in consequence of my services in organising that I received a knighthood; later on, for a short time, I took up the management of the Alexandra Palace—during the time I was there that was about the only period of its history that the Alexandra Palace paid—in later years I purchased the business which is now carried on, in connection with my partner, of a wine merchant in Waterloo Place—that has been ever since I had it, until my partner came recently, conducted bv a manager and a deputy-manager—that was in consequence largely of my want of business skill—I have had no commercial education or business except that I have been the director of 2 or 3 companies—it was Dr. Swainson who asked me to join the board of this trading syndicate—he knew Mr. Goodman—I do not know whether he was a friend of his—I afterwards saw Dr. Swainson, and in consequence of the interview with him, I was brought into contact with Mr. Groodman—Dr. Swainson had previously told me that Mr. Goodman was about to project a company, and asked me if I was disposed to take a seat on the board of that company—I said that depended on circumstances altogether—he then introduced me to Mr. Goodman, and we had an interview in the presence of Mr. Bernard, I think at Basinghall Street—on that occasion Mr. Good-man gave me the outlines of the projected company, and asked me to be a director—he told me he had formed an opinion as to the merits and probable-success of the company—he said it was a trading company, and that it would open up a great deal of business in a new field of enterprise in Western Australia, and that he was prepared to finance the whole thing himself—he told me he was carrying on a large business of his own instituting at Ladgate Hill and various other places as a dentist—from what he said, and from what others told me I believed him to be a man of exceeding wealth and of very great and exceptional business ability—I subsequently found out that he was. living in luxurious style—when I was asked by Mr. Goodman to join I temporised, declined practically—then I made certain private inquiries of my own—I wrote a letter declining to take a seat on the board on February 24th—I consented to join on February 28th—I was told that General Tulloch had become a director, and I wished to satisfy myself thoroughly on that point; and therefore I had an interview with General Tulloch, and he told me he had joined the board—I think he was asked that question yesterday, and he said his memory failed him, but he thought not: but I think his memory has proved to be a little deficient—he did tell me that he had consented to join the board, and knowing that I thought I was justified, as I knew him to be an officer of distinction in Her Majesty's service, and as I had heard that he was a director of other companies, and a good businesman—I did not know him before—I hesitated to join before upon the ground that I did not think that the acquisition of Mr. Senior as a director was any very great advantage to the board—in the interval between the 24th and the 28th I had made certain further inquiries both as to Mr. Goodman's position and as to the syndicate itself—I had incidentally heard a good deal about Mr. Goodman, all of which was favourable to him—the first active part I took was in signifying my approval of the minutes, and
initialling the prospectus—the first part I took in the board meetings was on March 9th, when I seconded a resolution that Mr. Squier be appointed buyer to the company at a remuneration to be subsequently fixed—I was satisfied from what Mr. Goodman told me that Mr. Squier was a man worthy of the post and competent—when Mr. Grant was appointed manager I had some communication with both Mr. Grant and Mr. Good-man with reference to his experience and capabilities for the post—both Mr. Squier and Mr. Goodman were absolute strangers to me up to the time of my joining the board—it is alleged, I believe, by the prosecution that I received moneys which belonged to the company; I never did any. thing of the kind—the £100 gift was given me by Mr. Goodman in this way: he sent his carriage to my private house at Kensington one morning, and said he would drive me to the City; en route to the City he stopped at the Bank of England, Chancery branch, and drew a cheque there, and presented me with £100 in notes—at that time I did not know it was not for my qualification as a director—I believed it to be as a qualification for me as a director—it was distinctly a gift, and I took the notes directly to the office and took up 109 founders' shares that very day—the cheque for £160 was drawn on May 10th, and cashed on the 21st—I believe the £100 was given me before I consented to become a director—I had not the least idea that that money was to come in any way from the funds of the company—I had no recollection of getting those 25 ordinary shares—I never went at the request of Mr. Goodman, and with Mr. Goodman, to Messrs. Sharwood's premises—I did not go to other places with Mr. Goodman in connection with the business of the company—I did not see all, or anything like all, of the cablegrams that it now appears were received from Mr. Grant in Australia—I may have seen some of them, but certainly a very small proportion—the cablegrams that I did see were all favourable to the conclusion that a good and substantial business was being transacted in Australasia—only those telegrams were shown me that produced a good effect on my mind to convince me that good business was being done; those that were hostile were withheld from me—I cannot say I ever knew that Mr. Grant was clamouring for money, or anything of that sort—I may have heard that he had written for remittances, but I thought those remittances were always forthcoming, and I was under the impression that there was plenty of money to meet all his requirements—I remember seeing the telegrams, "Profits will be good," and "Great local demand for corrugated iron," and also the cablegram saying that Mr. Grant could dispose of a large quantity of iron at £30 per ton in Australia—I think there was a report from Mr. Squier as to the cost at which that iron could be obtained in this country—I do not remember the amount, but the price was such that it would produce when sold in Australia a very large profit—I did not see the cablegrams sent out from this country to Australia—I did not see the cable of June 5th that suggests to Grant in Australia that he should telegraph all sorts of stories, that enormous profits had been made, and that the transactions were enormous, and so forth—I was never aware of any such cablegram being sent—I was shown this telegram from Squier to Mr. Goodman on May 25th to 1, Portman Mansions by one of the defendants, "Sent you copy cable, have wired Walkers and put order in hand, profit
about £5,000"—I cannot tell you by whom, or whether it was before, the subject of the proposed dividend was mentioned to me—Mr. Goodman first mentioned about the dividend being declared—he said that business had been very prosperous, and the profit was such as to justify us in declaring a dividend—I had most implicit and unwavering confidence in Mr. Goodman, and in the statements made by him to me—he told me the dividend they were able to pay was at the rate of 100 per cent.—I had conversations with others of the defendants, and people in position at the office of the company with reference to the business that was being done—the nature of those communications was simply to the effect that a good business was being done—I heard it from all the officials in the office, from Mr. Bernard's lips, from Mr. Squier's, and from Mr. Good-man's repeatedly—I had seen the telegram of June 15th from Mr. Grant to the syndicate: "We have obtained grand battery sight, water gratis but salt. Tell engineers the profit will be great, and immediate. Telegraph immediately if you can ship"—and also a cablegram of June 16th from Mr. Grant to the syndicate: "Continue shipments steadily. By what vessel have you shipped 1 When is it expected to arrive? Sale of shipments likely to show a very great profit"—I had seen that: "shipments likely to show a very great profit"—these telegrams and cablegrams produced a great impression on my mind—I thought that we were quite in a position to declare a dividend—at the statutory meeting on June 18th a cablegram or a telegram, or a copy of one, was put into my hand—I may have seen it possibly before at the board meeting—as far as I remember Mr. Goodman told me that he hadsome rather startling revelations to make at the meeting, all of which were favourable—the manager said the business done was really in excess of that which had been previously represented, and that he himself investigated those statements for the purpose of ascertaining their truth—he said that the syndicate were traders for profit, and had in fact shipped very little that had not been previously ordered—I believed it at the time to be true—he said that the syndicate had already shipped some £60,000 worth of goods, and he (Goodman) had given his personal guarantee to the manufacturers and others to the extent of about £40,000—I believed that the syndicate had actually shipped these £60,000 worth of goods at that time—I had been told by Mr. Goodman that he had become a guarantor in respect of goods for the syndicate to the extent of £40,000 or thereabouts—he did not tell me who were the parties to whom he had guaranteed—I did not inquire—it was generally understood and believed by those in the office that £60,000 worth of goods had been shipped—I do not remember being told by others besides Mr. Goodman as to that particular item—Mr. Goodman said that the syndicate was in a position to pay a dividend many times that amount, for they had made profits equal to more than twice the amount of their capital (£20,000), and that had been done within 2 months—I believed that—I believed all Mr. Goodman's statements—I always thought him a man of a somewhat sanguine temperament, and a man who took an optimistic view, and I always looked for the grain of salt—I thought that he a little exaggerated, but I took it in toto I may say—Mr. Goodman told me he would, in the event of the shares not being taken up by the public, take the balance up himself—I always regarded
him as a very wealthy man, quite capable of doing so—he always expressed his intention and willingness to do so I said: "Sir Edward Lee proposed a hearty vote of thanks to the chair-man, remarking that the results shown by the company in the short time during which it had been trading were simply phenomenal. As a director he knew of one successful deal, which of itself gave them suffi. cient profit for the payment of the present dividend"—I believed that the trading had been simply phenominal, having regard to the circumstances, or I should not have said so—the contents to the telegram I saw at the statutory meeting was that a profit of £5,000 had been made on the sale of corrugated iron, so far as I remember—I am perfectly clear about the profit of £5,000—I believe that that profit had been made—when I said, "As a director he knew of one successful deal which of itself gave them sufficient profit for the payment of the present divilend," I referred to the dealing in corrugated iron and the telegram that I had seen—there was a board meeting on July 9th, at which I proposed the purchase of the ore atomic reduction process from Mr. Goodman—I had recent information as to the nature of that ore atomic process before I proposed it—I made also inquiries from other sources, and I saw the results of experiments made about the process, and I had a. very firm belief in its efficiency—I had nothing to do with fixing the price of that—I heard it afterwards—I thought it so good a thing that you could not pay too high a price for it—I knew that Mr. Goodman had some interest in the process at the time, but I did not know the extent at all—I did not know what he paid for the interest he had—between June 18th, the statutory meeting, and July 10th, the extraordinary general meeting, I bad heard increasingly good reports of the business and the trade done by the syndicate; from Mr. Goodman, and the same parties as before—I heard Mr. Goodman say, "When I last stood before you our undertaking was an infant, although a very vigorous baby, for unlike other infants, it was able to lilt a load equal to its own weight, and to carry in its arms a dividend at the rate of 100 per cent, per annum. Since we last met, the business of our trading syndicate has increased by leaps and bounds; in fact, we have had to charter our own vessels to cany out our goods, and I may tell you confidentially that this trading branch of our business is bringing us in a revenue at the rate of £85,000 per annum"—I believed at that time that the trading of the syndicate had increased by leaps and bounds; it was a general topic in the office—I had not heard before that the syndicate had had to charier its own vessels to carry out its goods to Australia—I heard Mr. Goodman say it—I thought it quite possible he had done so, and I believed it—he said: "that this trading branch of our business in bringing us in a revenue at the rate of £85,000 per annum"—that would be practically about £25,000 for the four mouths that had been carried out—I believed that statement—I had not heard anything about those tigures that were mentioned, or anything like them, before I went into the meeting—I believed that "Under the energetic direction of our chief manager in West Australia, new districts are being opened up throughout the gold area"——I said: "Surprise had been expressed that such remarkable success had been gained in so short a time, and with so small a capital, but for months previous to the
company's formation, Mr. Goodman had had pioneers in Australia working at his own expense, and when the syndicate was established hey knew exactly how to go to work, what was required, how to buy at the cheapest markets, and how to make very large profits"—Mr. Goodman told me distinctly he had friends of his prospecting and inspecting the place, and paving the way for the starting of this business, and that he had them before forming the syndicate—he told me that they had done so at his expense—from what he said I was justified in telling the shareholders that: "thus the syndicate knew exactly how to go to work, what was required, how to buy at the cheapest markets, and how to make very large profits"—I said: "When the business was progressing by leaps and bounds they had some difficulty in regard to finances, upon which Mr. Goodman made himself personally responsible to the extent of some £60,000 for goods sent out to Australia. They had thus had more capital to work upon than appeared"—Mr. Goodman told me as to the guarantee for £60,000; I did not fabricate the statement—I was present at the confirmatory meeting required by the Statute, held on July 27th—I heard Mr. Goodman say that he had never sold or offered for sale a single share either directly or indirectly, and he challenged anybody to disprove this statement: "I will give £100 to every important hospital in London if anyone can stand up and prove that my veracity on this point is to be doubted"—I believed that statement—I received at the time of the conversion of the company, or shortly afterwards,2,050 ordinary shares in return for my 100 founders' shares—about October 5th I purchased with my own money 100 ordinary shares in the oorporation at £1 17s. 6d. each through a Mr. Meadowcroft—this is a cheque for £186 (Produced) dated October 5th—that is the cheque I paid at that time—it was passed through my banker, and paid by me for the purchase of those shares on October 5th—they were in the corporation, not in the syndicate—I bought those shares because I had faith in the corporation's future, and believed it to be a thoroughly good investment—I had no idea at that time that either Mr. Goodman, Mr. Squier, or Mr. Bernard, General Tulloch, or Dr. Ogilvie had been dealing, or were dealing, in those shares, going in and out of the market, or anything of that kind—except receiving 100 shares, and 25 shares in the syndicate, and receiving the shares in the corporation in exchange for them, and my purchase of those shares for £186 in October, I never in any way whatever dealt with any shares of the company—through my advice my only sister invested in the company and lost a good deal of money, and other relatives and friends of mine did also, some thousands—I did not advise them particularly, but they knew I was interested in the company, and that I believed it was a good company—one friend alone (Mr. Earle), the very gentleman who has become bail for me, paid over a cheque for £ 1,500, and lost every penny of it—on January 31st I sold through Mr. Meadowcroft 1,000 of the shares I held for the large price of 9d. each—I paid Mr. Meadowcroft the commission for selling them—the meeting in November was to take place on a certain day—previous to that day I was told that Mr. Goodman was very ill—I was most anxious that he should occupy the chair, because he knew, of course, more about the affairs of the company than anyone else—I called at Mr. Goodman's house the night before, and found him in
bed—he told me his doctor had pronounced him very much better, and he would be quite capable of taking the chair on the following day at the meeting—I was very glad to hear itthe time of the meeting arrived and Mr. Goodman did not put in an appearance—the solicitor of the company, Mr. Rendall, came, and handed me a medical certificate to say that Mr. Goodman was quite incapable of attending—then Mr. Rendall said I must take the chair—I said, "Why? Why should not the senior director, Dr. Ogilvie, take the chair?"—he said, "He will make a mess of it. You must do so," and I had to face that terrible ordeal without a minute's notice, and not knowing the details of the company; but I was very much gratified to find that Mr. Grant, who had just previously arrived from the scene of his labours he had gone through in West Australia, would be able, as I believed, to say that he had done a very considerable amount of business there; but instead of coming to bless us, he came to curse us, and said he had done no business whatever, which positively astounded me—I had previously written Mr. Grant a letter introducing a gentleman who bad gone out) there, and I think ic was very unfair that Mr. Grant had informed me, in answer to my letter, that the business had not been done, when I believed that a great deal of business had been done—from time to time I sought the advice of Mr. Rendall, the solicitor, and a partner in a firm of solicitors, Messrs. Sutton, Ommanney, and Kendall—they have been alluded to as an eminent firm, and they are, and I think it is unfair that the prominent part they took in the formation of these companies cannot be brought to the front; directors are held blameable for what appears in a prospectus, but the solicitors who draw them up, or rather who father them, and from seeing whose names on them one believes the contents of a prospectus to be perfectly true, whereas they are not true, are not blameable—I took their advice throughout as to the dealings of the company—a member of that firm was present at all the board meetings, and when any difficulty or complicated matter arose they were referred to, and their advice was taken—they knew the whole history of the trading syndicate, they knew what had been done, and what had been left undone, but notwithstanding that they fathered the prospectus when they knew it was misleading—if the object of this prosecution is to put a check on the formation of fraudulent and bogus companies, I think that if the prosecution paid a little more attention to the solicitors who gave advice, rather than to directors who take their advice, it would be better—Mr. Senior did not say that he thought I had better resign, and if I did not resign my directorate I should live to regret it; he never made any statement of that kind—I think the incident as to the loan of £1,000 has not been put very fairly to me, inasmuch as it would appear that I had purposely gone to the office in order to enter into a conspiracy with Mr. Goodman in order to get money when the circumstances did not justify such an advance-nothing of the kind occurred—this was being negotiated at the office by Mr. Goodman, and I happened, accidentally, to be there—he called me in and introduced me to Mr. Trubshaw as a City merchant—very much later on he told me he was a professional moneylender—he produced a letter or a telegram to the effect that money was forthcoming, and so on—under the circumstances I felt justified in recommending the loan to be
adopted—Mr. Trubshaw in examination yesterday withheld one very important fact; he was asked what security he had for this loan, and he said he had a promissory note signed on behalf of the company by myself and Mr. Goodman, but he did not say that in addition to that Mr. Good-man had given him 1,000 7 1/2 per cent. preference shares in Goodman's,. Limited.
Cross-examined. I had a present of £100 from Mr. Goodman to pay for my shares—I understood it was to qualify me as a director—I was to act as a director—I think I had done so at the time the money was given to me—so that I might bring my business experience to bear on the affairs of the company—I had fairly extensive business experience; moderately so—I do not say 1 am a man of business, I was not brought up to business; I should certainly write myself down not a business man,—I put my experience and business ability, such as it was, at the service of the company—for that purpose I took a present from Mr. Goodman of £100 to qualify me as a director; I thought at that time qualification was necessary; I found out afterwards that it was not—I organised the Dablin Exhibition in 1872—I was simply the managing director of the affair; I do not know that it involved business—I managed it successfully—I was the manager of the Alexandra Palace—I think not more than one-year—I think it was as prosperous during that period as it has ever been—it went on successfully during that time—I have been in business from, eight to nine years as a wine merchant—it has been worked by a deputy to a very great extent—I have had very little experience of companies—I have been a directior—I do not think I was connected in 1892 with the Royal Trusts and Assets Company—I remember the name perfectly well—I do not know the nature of the Royal Trusts and Assets Company—I do not think I was a director—if I was I took no active part in the matter—I had nothing to do with placing shares—no connection whatever with the company—I was chairman for some time of the Kensington Co-opera-tive Stores, Limited—I, resigned the chairmanship purely from conscientious motives—the company was being carried on, and I did not think there was sufficient capital to carry it on—they proposd to borrow money at a somewhat exorbitant rate of interest—I did not approve of that, and I resigned—I think I had been chairman of the Kensington Cooperative Stores two or three years—I had nothing to do with Brady's Hotels, Limited—I have no recollection of being chairman of Brady's—I was a director of the National Cycle and Motor Car Insurance Company, Limited, and the Norman Proprietory Gold Mines, Limited, and of the Old Bushmills Distillery Company, Limited, all of which I have resigned in consequence of having this charge made against me, and of the Peat Charcoal Fuel and Iron Company of Ireland—I do not know if I am a director of that now—I do not know if they have accepted my resignation as to that—I was a director of Goodmans, Limited—that was to take over Mr. Goodman's business as a dentist—the British and Colonial Trading and Development Corporation, Limited, was a company formed by Grood-man at Basinghall Street—I was connected with that for a very short time—I saw very little, and knew little about it—I invested no money in it—I was a director—it was carried out under the same roof, not in the same office—I suppose I know what the ordinary duties of a director are
with reference to the business of a company—I should take it that it is one of the duties of a director to accept without confirmation any statements made by the managing director—on June 18th I proposed a dividend at the rate of 100 per cent, per annum for the three months ending May 24th—I saw the telegram of June 16th from Grant to the syndicate in London: "Please refer to my telegram of the 12th of June. 400 more than shipped. Continue shipments steadily. When is it expected te arrive? Sale of shipments likely to show a very great profit—it did not at the time convey to my mind that the shipments had not yet arrived—I did not think very much about it—I had very little to do with the conduct of the business—I say in a casual way these telegrams were submitted to me—the entire management of the business was in Mr. Goodman's hands—I believed the goods had arrived long before May 24th, not from having seen that telegram, but from other information that had been imparted to me—I heard in the office, from Mr. Goodman, Mr. Squier, and Mr. Bernard, that they were constantly shipping goods to Australia, and I believed they were doing so; I had no doubt about that—the business had every aspect of a very thriving business being carried on at that time——I saw some of the invoices from time to time, but the management was so completely in Mr. Goodman's hands that I, like the other directors, did not take a very active part; not so much as I ought to have done perhaps—I did not know that the first shipment was on June 2nd—I did inquire what the date was—I imagined that some of the shipments were sold in advance by Mr. Grant; that is what I was told: sold on arrival—I was under the impression that the goods had been sent, and were being sent constantly to Australia—I do not know that that particular telegram influenced me to any great extent—I had certain telegrams submitted to me—I did not take much heed of their contents—I do not know that I saw the copy cable referred to in that inland telegram of May 25, from Mr. Squier to Mr. Goodman; "Send you copy cable, have wired Walker's and put order in hand, profit about£5,000"—I took it for granted that it was bonafid—acting as a director, I proposed that dividend of 100 per cent, per annum for three months up to May 24, because on that date I was informed that one deal alone in corrugated iron had realised j£5,000—I do not think I asked to see the document—I do think 1 did—I inquired what the expenses of management, the rent of the offices, and so on, were that were to be set against anything that had been earned, but I was always met I with this answer: that the business practically, having only extended I over three months, was really carried on by cablegram—I asked for papers I and documents and books, but they said in due course they would be forthcoming from the other side; the balance-sheet would be made up then, and it would be found that there was ample money to pay the dividend in question—there was a memorandum before the board meetings, and so on—I do not think any statement was drawn up showing how that dividend of 100 per cent, per annum was arrived at; in fact, I asked for it, and was told there was not one—I think I asked before I proposed the dividend—I was told we could not have one, because the accounts had not arrived from the other side—the material I alluded to was a telegram as to that one deal in corrugated iron, and corrugated iron was
only one thing, and I was told that many other things had been sent out—I should not ask a man in—Mr. Sqaier's position how he arrived at that—he was a buyer, and was supposed to be a competent man; I supposed he had gone into those details himself—I know a little of the duties of A director—I thought honestly and conscientiously I was justified in proposing such a dividend upon such materials—on this occasion I took too much by hearsay, and I may have been guilty of sins of omission, and trusted too much to other people, but beyond that I am innocent—on June 18th I heard Goodman say that "they were traders for profit, and had, in fact, shipped very little that had not been previously ordered"—I do not know whether that was true or not—I suppose it has been proved to be false—I believed it to be true at the time—I went very little to the office—I took little interest in the business; I only attended board meetings—the whole business was left in Mr. Groodman's hands; he was the managing director—lie did manage it and did direct it—he told me that they had already shipped £60,000 worth of goods, and he had given his personal guarantee to the manufacturers and others to the extent of about £40,000—if there had been shipments of goods to that extent I do not know that, under the circumstances, I should have asked to see the documents; I placed so much confidence in Mr. Goodman and his ability and administrave powers—I accepted without inquiry everything that Mr. Goodman said, without special inquiry; the ipse dixit I did—as a director, I did not make the inquiries I should have made; I will admit that now—I saw drawers full of invoices—I did not know what they represented; I did not inquire—I heard him say he had given his guarantee to the manufacturers to the extent of £40,000—if that had not been mentioned at any meeting of the board, it had been clearly men-tioned to my colleagues, the directors, and they were the only people who would know it—I did not inquire to whom that guarantee had been given or in what form—in proposing a vote of thanks to the chairman I said: "The results shown by the company in the short time during which it had been trading were simply phenomenal. As a director, he knew of one successful deal which of itself gave them sufficient profit for the payment of the proposed dividend"—I certainly thought I was justified in making that statement, or I should never have made it——I do not now because the bubble is pricked, and the whole history of the place is known, but at the time I had the conviction that it was a sound and going concern, and I should not have declared a dividend unless I thought it was honestly earned—I think I was guilty of great acts of omission as a director, and I am sorry for it, and I am sorry that I ever associated myself with this miserable company—when I said on July 10th: "As one behind the scenes I could bear testimony to the fact that this baby was vigorous, as had been described, and it was due to the careful nursing it liad received at the hands of the chairman "I meant Jto infer that I was a director, nothing more than that—I admitted just now that I did not use those means that were at my disposal with the discretion a director ought to adopt—I did not realise the influence it would have on the share-holders; I believed it to be true—they may have considered it of more value than I did myself—I do not know with what object I was presented with £100 to take shares on becoming a director; that is a question Mr.
Goodman could answer better than I—I simply had it to take my qualification as a director—Mr. Goodman valued my services perhaps more than I did myself, I suppose—I do not say that I thought, rightly or wrongly my name would have some influence on the public—I did not weigh my words sufiicientiy; I did not think sufficiently at the time, all I said I said in good faith—I do see now what the words mean; I did not understand it at the time—I suggest that they meant as I was a director I was supposed to know what was going on—I went on to say, "Surprise had been expressed that such remarkable success had been gained in so short a time, and with so small a capital, but for months previous to the company's formation Mr. Goodman had had pioneers in Australia working at his own expense, and when the syndicate was established they knew exactly how to go to work, what was required, how to buy at the cheapest markets, and how to make very large profits"—I do not know at all who those pioneers were; they were friends of Mr. Goodman, he had stated, who had gone over to pave the way for the foundation of this company—I never inquired—I always trusted Mr. Goodman—there was no trace in the comrmunication with Australia of the pioneers of the company; that was work done before I had any connection with it—no trace had been discovered by the manager of the company, when he went out, of the pioneers—Mr. Grant said he found no traces when he went there—I never heard that Mr. Grant was ordered to confine himself to Perth unless he happened to hear, of something exceptionally good—I understood that the head-quarters of this company were at Coolgardie, because there Mr. Grant purchased a distributing depot at a large price, and I understood, I think, that the company paid £5,000 for a Mr. Moran's business, and the liquidator sold it for as many hundreds—that was one of Mr. Grant's deals in Western Australia—Mr. Goodman made that statement about the pioneers on I several occasions; I cannot give you the date—it was solely upon what he I said that I made that statement—I said the business is progressing by leaps and bounds; my opinion on that point was mainly from hearsay and I casual statements that had been put before me by the officers at the board meeting—I did not enter into the question, but there was one fact that supported me in my conclusion that the undertaking was a bona fide one, that the auditors of the company had taken a large number of shares in the company, and I presumed they looked into the books, and had seen what had justified them in taking a large number of shares—the auditors had taken a large number of shares, Messrs. Macdonalds they were; and I should not think they would take shares in a company they knew nothing about—I do not understand book-keeping, and I am very poor at figures—I admit I should understand a profit and loss account, perhaps—I inquired whether there was such a document as that drawn up in connection with this company, and found there was not—I made that inquiry repeatedly and constantly, as I said before, to Mr. Wright—I made it to the board—I made it before I proposed the dividend of June 18th, and I was told it was absolutely impossible to get it—I stated that on July 10th Mr. Goodman had given a guarantee for £60,000—he said so—on June 18th it had been £40,000—I had no authority beyond Goodman's words for putting it at £60,000—he told me upon several occasions, and he was believed to be a very
wealthy man, that he would give many thousands to support this project, and that I believed—I cannot remember whether he told me between June 18th and July 10th that he had guaranteed a further £20,00, but I should take it for granted that he did, or I should not have said so—I cannot remember the transaction definitely, but I have not the least doubt he did—I did not look at the books to see if there was any trace of £85,000 per annum clear profit; I took Mr. Goodman's word for it, as my colleagues did—why Mr. Bernard was sent to Western Australia I really never knew the rights of the case; I knew that a power of attorney was given him, and that Mr. Grant was superseded—I knew he was sent to supersede Mr. Grant, and also to take charge of the new atomic process; I think that was the object—I think it was thought that he was to super-sede Mr. Grant sooner or later, but I think the real object of sending him out was to take charge of the ore atomic process—I believed he would supersede him—I did not supersede Mr. Grant; I had no voice in his being sent out—I cannot tell you why the corporation was superseding him—I did not think Mr. Grant was superseded; but something led me to think he would comeback, and he did come back with an object of his own—it did not strike me as odd that if Mr. Grant was making £85,000 a year for the company the company should supersede him, but it does now for the first time—I did not inquire why Mr. Bernard was going out to supercede him; I was never told; it was the impression I had at the time from what Mr. Goodman had said from time to time—superseding a man who I believed was making such enormous profits for the company was a matter entirely resting with Mr. Goodman—I was a director, unfortunately—I do say to a great extent that it is a director's duty simply to register the decrees of the managing director; that is just what I hare done—I asked a great many questions, and got very satisfactory answers to most of them, and such answers that induced me to believe it was a thriving concern—in the correspondence which passed between Mr. Goodman and Mr. Grant there might be reasons for taking such a step; I never saw the correspondence, but I was depending entirely on Mr. Goodman's arrangements—I do not think I asked what the reasons were—I have admitted that I may not have discharged my duty to the share-holders as I should have done—as to Trubshaw, I happened to be in the office at the time—Mr. Goodman came and told me he had informed Mr. Trubshaw that a remittance of £6,000 or £7,000 Was on its way—Mr. Trubshaw wanted corroboration of that, and I went in to corroborate that statement—Mr. Goodman showed me some documents—I cannot tell you whether it was a letter from Mr. Bernard, I am doubtful about it; I took it for granted, and therefore did not make scrupulous inquiry—I cannot tell you whether it was a copy of a telegram or a document, but he did submit it to me, leading me to believe that such a remittance was on its way from Western Australia to the company—I hardly looked at it; I took it for granted, because I took Mr. Goodman's word for it—I did not know that Mr. Trubshaw had asked for corroboration from another director—Mr. Goodman said to me, "It is a fact that we are expecting a remittance from Western Australia"—that was in Mr. Trubehaw's presence—I believed it to be a fact—it is a fact that Mr. Senior called at my office at Waterloo Place and had a conversation that lasted some ten minutes or
so; I remember it perfectly well; it was with regard to his resignation, and it came out in evidence at Bow Street that Mr. Senior was introduced by Mr. Grant, and was a friend of his, and at the time he was a director of this company he was trying to negotiate an insurance for a very large sum on Mr. Goodman's life, and it came out in evidence that if he had succeeded in that half the commission would have gone to Mr. Grant and half to him, and it is a significant fact, or else a strange coincidence, that at the very time the insurance fell through Mr. Senior resigned his position as a director—I think if he was a friend of Mr. Grant's he should have given his warning to him instead of asserting that he warned me—he did nothing of the kind; on the contrary, he tried to induce me to procure some insurances for the company he represented—I do not think I was present at the board meeting when Mr. Senior's letter of resignation arrived—I know the conditions under which those minutes were prepared—they were prepared by the secretary from rough agenda sheets prepared by the secretary—I do not dispute that they were substantially correct, but in points of detail they are not accurate—I am put down in those minutes as being present and proposing resolutions when I did not do either—I will not dispute the fact that I was present at the meeting of March 26th—I have no recollection of it, but I suppose Mr. Senior's resignation was discussed—I suppose the letter from Mr. Senior arrived in time for that meeting—I should take it for granted it was discussed, and I regarded it as a very good thing—I should think undoubtedly it was at once accepted—I do not know of anything to the contrary—so far as I am petsonally concerned it would have been accepted at once, because I did not think he was an acquisition to the board—he gave very adverse evidence against me, and I feel strongly about it—I have not the least recollection of its being discussed on the 26th at that meeting—I did not hear of Mr. Senior's name being retained as a director on the board till June 2nd—Mr. Senior called on me at Waterloo Place—I do not remember his saying anything whatever about his resignation—I do not swear he did not—it is three years ago, and it is impossible to swear to it—I have no recollection about it—he called to get insurances if he could for his business—Mr. Senior did not tell me that I should be careful or I might have cause to regret it—I say emphatically he said nothing of the kind to me—it was my impression that Mr. Senior's resignation was due to a totally different cause than that which he himself has stated—he asserts that I was present at board meetings with Mr. Senior before he resigned—I do not remember being so—my name appears in the minutes—I am aware that. the board meetings were a little irregular and sometimes very short—I have said possibly. "Mr. Senior, the third director, I never to my knowledge saw"—I will give you evidence of it; there is a gentleman I see in Court now who saw me at Bow Street nod to a certain gentleman, and I asked him who he was, and that was proof positive that I did not know Mr. Senior or remember him; it was Mr. Senior—he called on me at Waterloo Place—lots of people call on me—I saw so little of him that I had for gotten him—I may have said in my examination that I never bought or sold any shires—I did not con ider that I was selling them, I was pracically giving them away—I said to Mr. Moran, I was so disgusted,
"Take them and do anything with them"—but I bought shares—if I said that I never bought or sold any shares it is incorrect, but it is an unintentional mistake, I did buy 100 in the name of Meadowcroft, and paid for them—I do not know if they were in my name or Mr. Meadow-croft's name, the scrip is here—if I said that I did not buy any ordinary shares in the new company it is irreconcilible, and I should take it it was said under a misapprehension—I should tnke it it did not occur to me at the time—I have never dealt or trafficked in shares beyond what I have said—if I said that I made a mistake, that is all I said—I do not know why these shares did not appear in my name—they were bought by Mr. Meadowcroft, who is a very sold friend of mine, I p aid him commission, I retained the majority, the rest he retained and paid me—they were put in the name of James Meadowcroft, I cannot tell you why: I saw him and told him to buy them—it was the time when I was recommended to buy them by Mr. Goodman—I do not know why he did it—he is a man in whom I place implicit confidence—it did not much matter whether it was in his name or mine.
Re-examined by MR. WRIGHT. It was not within my knowledge that they were in Mr. Meadowcroft's name—I gave him no instructions about it—when Mr. Bernard went out to Australia I do not know that I knew that he was going out for the express purpose of superseding Grant—I think the impression was conveyed to my mind through a conversation I had with Mr. Goodman, which led me to infer that they did not get on very well together.
(Sir Edward Lee received a very high character).
HUGH BERNARD (The Prisoner). I was formerly secretary of this company—I was engaged by Mr. Goodman as a clerk, in the first place at' a salary of £3 per week, and I remained at those duties until Mr. Slater" the secretary death—I was then appointed as secretary—Mr. Slater's name appeared as secretary on the prospectus of the syndicate—I acted as secretary during his illness—he ultimately died, and I was then appointed secretary in his 1 place—he was down at Ventnor in the mean-time ill—when I was first appointed my duties were to correspond with Mr. Slater and report to him daily, or almost daily, what went on, and take suggestions from him as to the floating of the syndicate in the early days—first I was a clerk, then manager, as it were, and then secretary, and do I remained until the roconstruction of the company into the corporation—I was assistant manager to Mr. Squier in the first place—I went to Australia immediately following the reconstruction—I had only been about ten days manager then—before I went to Australia Mr. Squier had sole control of the correspondence and all the cables that went out—my duty was to make a copy of them, decode the copy, and place it on the file in the office for reference—sometimes the cables were decoded on the following day, sometimes a day or two after; whenever I had spare time—they were first put in code form, then copied into the press letter copy book of the company, and subsequently a copy would be made from that decoded and placed on the file—I never once sent out any of these code cablegrams—I never knew when they would be sent, or what would be sent—they would be made, out and sent into my office or into the clerks' office for transmission—during the time I was acting as secretary many people
came to the office; travellers, merchants, and so on, and stockbroker, and jobbers, and others, a great number of Mr. Goodman's friends, and so on, gentlemen—Mr. Squier saw them—the correspondence with Australia passed before me from time to time—I had opportunities of observing and knowing everything—Mr. Squier saw the merchants and stockbrokers who came—there was a Mr. Dezeckly in the office; he used to interview a number of stockbrokers, he had a lot of friends on the Exchange—when I was first introduced to Mr. Goodman I was asked to collect what data T could dealing with the trade of the Colony, and what its requirements were, and so forth; and I did collect all the information I could with a view to forming a prospectus; in fact, I was asked to put the information into prospectus form in the first place, and then it was supervised and improved by suggestions from Mr. Grant and others and finally approved—a got up the prospectus of the syndicate about Western Australia from the Agent-General's office chiefly, and what the requirements in Western Australia were, for Mr. Goodman in forming the prospectus—I had nothing to do with the prospectus of the corporation—I was ordered to Australia on the day that that prospectus was approved by the directors—it was not prepared at my office but at another office altogether, No. 28 of the same street—there were several notes already typewritten, and I was asked to arrange them in something like order and rotation, for Mr. Goodman's guidance on the occasion of the forthcoming speech, and I did that, and there were one or two discussions, and I made some notes as they appear—I put the typewritten notes together and filed them in order, and made some notes myself—I should like to see the originals—I have not yet—this (Produced) is the first: "Four years ago there was scarcely any capital embarked in W.A., now some £50,000,000 is invested"—that is not typewritten—a little further on: "£60,000 trade," is not my writing; it is Mr. Goodman's—whether he made them after I had made mine I cannot say at this distance of time, to be fair—I do not know about those in red—I see one of mine here: "Agency, what has been offered and accomplished"—they refer to what was going on in the office, of course—another Says: "On the eve of what is going on in the colony, of a wave of great prosperity"—at that time I believed there was a great opening in the colony of Western Australia—I think everybody shared that belief—there was a lot in the papers of that time—it was on the top of the Boom in Western Australia—another note of mine says: "Being a trading company, we are not engaged in any speculative transactions"—I believed that at the time, and I believed that that idea was always carried out—this note: "We have pleasure in declaring an interim dividend for the first 3 months at the rate of 100 per cent," is Mr. Goodman's—I had nothing to do with that note—this: "We have made profits equalling twice the amount of our capital: take advantage of the compulsory meeting to give a little bit of sugar for the bird "; is in Mr. Goodman's writing—I had nothing to do with that—it is an expression that is quite new to me—Mr. Squier sent the cable: "Do you require any more galvanised sheet iron?" and so on—"Suggest telegram as follows: 'Transactions are enormous. Continue shipments steadily'"—all the cables would be in my writing without exception, I think—my knowledge of that particular one
is that it was sent in to me to be dispatched and I made, as my custom was, a fair copy of it on an Eastern telegram form, a copy in code—I did this and sent it out into the clerks' office to be sent off—I should not have remembered it but for the fact of the little cheque—it appeared that there was not sufficient petty cash, and I drew a cheque and suggested that Mr. Goodman should be asked to cash the cheque for the purpose of sending out the cable, but Mr. Goodman was not present, and I had to send a clerk and ask him to oblige me—with regard to the letter to Mr. C. D. Napier, Perth, it would be, as in most of my other correspondence, my-custom always, before closing a mail letter, to send into the office where it was being copied, and say, "You had better ask whether Mr. Goodman has anything to add"—I should sign it—it is typewritten—I attached no significance to that at the time—at the time I wrote the letter I should not; have decoded the words—I see it is on the same day, the mail day, and I should have no time for that—decoding would take place some time afterwards; mail day is Friday, and then comes Saturday, and it would not be done then, and then it would be done in the next week—the course of business as to the cablegrams was the same as I have described in regard to this; always so, without exception—with regard to letters written by Mr. Grant from Australia direct to the managing director, if I was first in the office I should open them, and if Mr. Squier was there before me he would open them, and they would be placed on the file of correspondence, after they had remained a day or two in the private office of the board room—I think those orders for iron are responsible for all the mischief—the iron was being sold to arrive, and Mr. Grant's cables were so worded that everybody, I think, including myself, was misled—his advice was that he could sell iron at £30 a ton, providing it was freight paid port of shipment; and then his inquiries as to the importance of knowing when they would arrive led to the belief that those shipments of iron were being sold by him to arrive, which is the usual custom of the iron trade all over the world—from anything I knew: I thought the iron we were shipping at £18 a ton would be sold on arrival at £80; I thought everybody did; and then it was found that the iron cost not £18, but only £14, as the invoices show—the same explanation applies to all the cables and letters—I was present at the meeting at which this spbech of Mr. Goodman was made—I read the notice convening it, and I handed up the notes to the chairman as he went along—I had a letter dated August 5th, informing me of my appointment, and I left London on August 7th—I was never in the corporation offices, except on a flying visit perhaps—I went to Australia to superintend, in the first place, the patents of the ore atomic reduction process—it was a patent acquired by Mr. Goodman and sold to the syndicate in the first place—I had acquired right in respeot of it—I heard a good deal about it from him—I had seen it demonstrated—when I got to Australia I believed that this ore atomic process was a valuable one—I took steps to have it registered in Australia immediately on my arrival—the drawings and specifications had been sent on, and were there when I arrived—they were sent by James and Fell, the patent agents, to their agent out there—I learned the moment I arrived in the colony that there had been articles in the Australian papers with regard to this process—I saw one or two articles
in regard to it in the Coolgardie mining papers—I arrived in Westeni Australia on September 5th—I went overland, via Brindisi, the same as the mails—I will not say my attention was drawn to this article about the ore atomic, but Mr. Sparrow, or his manager, told me about it on my arrival—Mr. Sparrow was not the solicitor of the corporation Mr. Grant said he was, but it was not so—he was the consulting engineer and the agent of Messrs.Tames and Fell, the patent agents, of London—he was acting with regard to the registration of that patent—everything was sent to him direct by James and Fell, his London principals—when I sent that telegram of September 11th, I believed that this process was causing intense excitement; I had evidence of it; I was besieged by inquirers—I believe that I was justified in using the phrase "phenomend royalties'—I interviewed a few firms in the colony who had attorneyship for all the mining companies operating on the goldfields, the law requires that there shall be an attorney registered in the colony, and this business is confined to a very small circle—I went round with Mr. Sparrow's manager in the first place, and told them what I was proposing to do, and I demonstrated it, and I said I should invite all the experts and press to witness the demonstrations, and Mr. Sparrow's manager assisted to demonstrate it because he was a practical engineer—Mr. Sparrow was away at the Kalgoorlie extension opening—I was offered £l per ton, and I was told in London I should only get 4S. a ton—it was in consequence of getting an offer of £1 per ton that I telegraphed these phenominal royalties—I had maty offers of that—from Australia I wrote several letters; these are the only two that have been taken hold of by the prosecution—I wrote regularly—eventually I heard that proceedings were being taken in this matter in England—I wrote expressing my intention to surrender—we waited for Mr. Moran's return to the colony from London; he had gone to London—he was back—he had been appointed, I heard, by the Official Receiver to take charge of the assets of the company lying at Fremantle, which were very large—I thought I would wait till he came back to hear what news there was, and I said: "What had we better do? Who has got this now in hand?" and he said I had better telegraph to Mr. Duncan—he said his address was "Factotum"—I did so, to know if I should leturn to London in case my evidence was required, in which case I should like to apply to the agent in the colony to advance my expenses and passage money—I was dismissed altogether without notice or reason or anything else by Mr. Goodman by cable on December 1st, long before it went into liquidation—immediately on receipt of my dismissal I wrote the letter of December 4th to Mr. Goodman: "I have just been notified," &c—I returned to England last August, and when I heard that criminal proceedings were about to be taken I wrote to Mr. Sims—I had not posted it, but it was stamped and sealed up—I was escorting my wife to the train; I had been to take advice as to what I should do, to tell you the truth, when I was arrested—I should like to add, if I am not out of order, that that cable which I sent, which has been rather severely criticised, speaking of the Government support which was promised, that; it was not only promised, but extended, I mean to my corporation—at the time I wrote the letter of September 17th I had had communication with Sir Gerard Smith, the Governor, and a promise had been held out
of Government support—the facts were these: I bad the honour of being introduced to his Excellency on his return from the opening ceremony of the Kalgoorlie railway extension; it had been a sort of public holidays in the colony, and was quite a little event; he mentioned that our company had come under his notice, and that he had been speaking of it and comparing it with mining companies: he said that trading companies were what were wanted for the colony; there was no other, and he thought we had practically the whole of the colony before us; he felt quite sure we should do very well, and that I was at liberty to informmy directors that in all cases we should have the fullest Government support—he asked me questions as to capital and so forth, and I thanked him for the compliment conveyed—I felt Mr. Goodman would be gratified to know that that conversation had passed, and I sent that telegram to Mr. Goodman accordingly, addressed to him privately, immediately after that interview—that is what suggested it to my mind, and nothing else—the corporation had just started when I left London, and I was under the impression that most of the capital had been underwritten—before I left London I was told so—I found in the colony that Grant had done no-business; that was Grant's fault—he told me he proposed to return to London—goods were there and were not sold, and I assumed there was no effort made to sell them—there is a minute in the early days of the syndicate which has been criticised—it would almost appear from the criticism that there was the right to the secretary and Mr. Groodman to draw moneys ad lib,—I may tell you that that minute was a minute supplied by the Capital and Counties Bank, and is the usual form used by all companies, and is printed by them and supplied to the secretaries of companies by the bank—this cheque for £100 was paid to General Tulloch. (The SOLICITOR-GENERAL Here stated that he did not propose to ask for a verdict against anybody on the Counts at to the misapplication of the funds.) The shares in the syndicate were reserved in my name, if 1 may use that term, to supply the option which had been given to the brokers, and when the brokers took delivery I thought that nearly exhausted all the shares that were in my name—I think they took delivery of some 22,500 ordinary and some 1,600 founders'—I never had a single share in the syndicate, nor was one share ever issued to me, and the share certificate book of the syndicate would show it if there were—with regard to the five founders' shares and 1,000 ordinary shares in the corporation, I never heard anything at all about thsm until I heard of them at Bow Street; I swear that—Mr. Caldecott was good enough to put that question, and it appears they were allotted to me in September, when I was in Australia, and J had no notice of it then nor since.
Cross-examined. I was every day at the company's office while in London—I presume I saw all the letters and telegrams—I had every opportunity of seeing the correspondence; nothing was kept back in any Way to my knowledge—I have not presumed to justify the dividend of 100 per cent, up to May 24th; I did not know that would be expected of me in the position I held—I have given. you what I believe was the general impression—I certainly was under the impression that that amount of money had been made; it would only cover about £5,000—I believed that that
Amount of profit had been made, from conversations and everything which I heard and saw in the offices—no calculation was made or any statement drawn up showing how that dividend was to be arrived at, to my knowledge, nor was any account taken of the expenditure to my knowledge—I did not keep the books of the company, there was a book-keeper and an auditor to supervise all that—referring to my letter of June 26th, at page 61 of the Exhibits, to sell goods to arrive you must know the name of the maker, the mark of the goods, and the ship; generally that would be so, of course, but not necessarily the name of the ship—it is usual to say, for instance, the June or July delivery, or the April and May delivery, or thereabouts—that is the usual form of contract in such cases—this letter of June 26th shows that up to that date only 100 tons had been shinped, evidently—I mean to say that it was believed that the moment Mr. Grant was informed that iron could be and would be delivered at a certain date he would have sold it or would have been able to sell it—I say it was the geueral belief in the office that iron had been sold to arrive that would pay a dividend at the rate of 100 per cent.—it was only necessary to send it and the profit was made—I do not say it was believed that the money had changed hands—I thought it was quite possible it could be done—it was written that he might expect the iron, July delivery, and that was being carried out—I had not wired the gauge—the letter of June 24th, 1896, would not arrive until after the dividend had been declared and paid—it is true, as he says, that he had not got any particulars which would enable him to sell the goods to arrive; we learnt that afterwards, that those particulars were necessary—we understood that Mr. Grant bad written the moment he arrived there, about the great demand for iron; and advising us to be prepared I to meet the big demand—prior to this there is some correspondence—I do not suggest there is some other cablegram which has not been put in—the moment Mr. Grant arrived in the colony he wrote saying that the Government had passed some resolution as to the use of iron in all structural matters—I only mention that, and I say that there was A great demand for all kinds of galvanised iron—it was accepted further that we could not make much of a mistake in giving 24 or 26 gauge, the usual gauge, and we inquired of Messrs. Walker Brothers, who supplied the iron, whether they knew what was required, and they said they had already supplied the Government of Western Australia with their brand and with that particular gauge—I found afterwards that that was true—I believed this dividend of 100 per cent, was justified; but I know it was prematurely declared, it should not have been declared at the time—everybody knew that declaration of that dividend—it was only an estimate after all said And done—as the syndicate was about to be merged into the corporation it was suggested, if I remember rightly, by General Tulloch, that the earlier subscribers to the syndicate would be left out in the cold and that the profits on these iron orders would go to the shareholders in the corporation when the reconstruction took place, and, therefore, he said, "I think those who have supported us from the first oughttohave a share in these profits, and we ought to pay them a dividend now before we go any further and it is too late," and that was done—that conversation at which this course
was adopted, of declaring a dividend which had not been earned, if I recollect rightly, took place at one of the board meetings—I should not like to be positive at this distance of time, but I think it was in the board room—I should not like to be positive now what directors were present, it is three years ago—on May 26th I when the circular was sent out to several persons who had taken shares not a single article of merchandise had arrived in Australia, but all these goods were in course of shipment at that time—I may as well say at once that I do not remember anything about this circular—I appear to have signed it, but I do not recognise it as my diction—I know what the clerk said, of course, but I have no recollection of it—it hangs upon this, "The purchasers on the other side are busy in the disposal of this large consignment"; that is wrong—it should have been Busy in preparing to dispose of them "; of course that would have been more correct—as a matter of fact I cannot deny that statement was untrue—of course, it was signed by me—whoever may have said that I drafted it, I can only give you my denial—I have no recollection whatever of drafting any such circular—I signed it, evidently—I do not suppose I read it—I might have done, but I should say not—if I had read it I should have altered it and made it more correct—I supplied the witness Clarke or Bernard with it—they did the type-writing between them—I did not supply them with a draft as Clarke has said—I have no recollection of doing anything of the kind—I will swear I never read it—I will not swear I never handed them the draft, because it might have been given to me to do so—the letter goes on: "The range of profits have proved to be so great that my directors look forward to the statutory meeting of shareholders"—there had only been the profits up to that time, predicted by the orders in hand—I have not started to justify this letter—I do not say that is not true or part of it—the share capital of the syndicate was only £20,000, after all said and done—I remember the cable of June 5th: "We will not make any remarks on this message, as its purport and object will be well known to you and further it will have, of course, had your careful attention and have served its purpose before this reaches you"—that was not my note at all—I do not admit that I wrote that cable—I do not admit that I supplied that note—I have signed it, but it would not be intelligible to me—there is a string of code words which if read out are unintelligible to anybody unless decoded—I decoded that message either on that day or within £ day or two subsequently—I did not understand it—I do not deny that I decoded it and put it on the file in thd usual way—it says: "Expect profit to be £25,000"—I immediately asked Mr. Squier what it was, and he told me that it was his view of the situation generally, and suggested that Mr. Grant should confirm it—his department was very busy at the time, and I think it was an outburst of zeal on Mr. Squier's part, forgetting that the transactions, however numerous and enormous tbey might be in Basinghall Street, had not had time to reach Mr. Grant's head-quarters—I presume he forget that—I do not know that I accepted any liability in the matter—I understood what the message meant when it was explained to me—it was suggested that £25,000 profit was the estimate made in the London office, and a suggestion that Mr. Grant confirmed that estimte—I
perfectly understood that—I had nothing to do with its purpose—I saw the letter of July 10th from Mr. Grant stating, "Your cable of May 29th promised a remittance 'next Thursday,'" and so on—"Up to to-day, however, no remittance has come to hand, and under the circumstances I hardly see how you can expect me to adopt your suggestion"—I understood the view that Mr. Grant took of it, and the interpretation he put on it—I do not say that I went through and corrected these notes for Goodman's speech—I made the alterations in one or two instances when it was pointed out to me—they were handed to me, and I just put them some, thing like in rotation—that is all I did—I do not know anything about "£60,000 trade"—I never saw this before—I was at the meeting—I heard the speech made, but I understood £60,000 was a sort of an estimate of the capabilities of the company at the time, rather than a definite statement of what had been accomplished—the exact words are: "They had already shipped some £60,000 worth of goods"—I understood Mr. Goodman afterwards to say he only said £6,000—I spoke to him about it the afternoon of the meeting when it was all over, and he said it was only £6,000, or that was all it was intended—I knew afterwards that this speech was circulated with the prospectus of the company, containing £60,000, but I never saw that till I got to Australia—I never saw the prospectus of the corporation—I saw it as the newspaper printed it—I suppose I must have heard Mr. Goodman say £60,000 at the meeting he is reported to have done so—I knew that he had in his mind shipments to a very large extent—I knew the machinery was to come to some £25,000—I thought he meant it as a rough estimate generally what was in course of shipment and in contemplation at the time he had given his personal guarantee to the manufacturers and others to the extent of about £40,000—I understood that to be quite true—I never saw such a. document—it would not pass through my hands—I heard of it from Mr. 1 Squier and Mr. Goodman—it referred to the machinery and to the galvanised iron—on page 84 in my handwriting is a correction, "Mr. L. H. G. undertaking and guaranteeing"—Mr. Goodman told me to make a note so that he should not foreet to mention something about it—I was told to write down: "The declaration of dividend," and that was the time to come to it—that memorandum was for reference by Mr. Goodman in his speech to the 100 per cent, dividend, the circumstances of the declaration of which I have told you about—"On the eve of a great era of success in the colony" is part of my writing, but the other is not—then the next entry in my writing is "Being a trading company, we are not engaged in any speculation transactions; we are simply buying and selling, and entering into contracts which are shown n to be secured before they are entertained"—that is right enough, I think—I was not sent out to supplant Grant—the circumstances which led to my superseding Grant were not anticipated when I left London—a power of attorney authorizing me to supersede Grant on getting a cable reached me almost immediately on my arrival, but I left with a power authorising me to act in concert with Grint in the ore atomic process—I knew that Grant had refused to send what has been called the bull telegram—it was not for that reason he was superseded, but because Mr. Grant appointed a Mr. Miller in West Australia to take all the assets of the
Company; he had asaigned, eyerything over to Mr. Miller in September, 1896; instead of selling the consignments he assigned them to a perfect stranger; Mr. Liatham was there and I was there, and there were 8 other representatives of the company—there was no occasion to do the shipments up in such a way that anybody else could sell them—it was not part of the business on which I went out to Australia to cable out news which would promote the shares on the market—here is the cablegram of September 9th, "Send all the news you can for newspapers, and telegraph immediately"—my instructions were to demonstrate the ore atomic process as soon as I got there, and to invite the Press and send home the Press reports, and so forth—I did not tell Grant that that referred to something else, and not to this corporation at all—I deny the truth of what Mr. Grant has said—I did not tell him it did not come from the company at all, but I did say I was surprised it did not say where it came from, because I had made other arrangements—I was familiar with Reuter's code, and had arranged for that—I do not admit that that was sent with my knowledge to influence the price of shares on the market; I never was responsible for the cable being sent—I deny that that was what I understood it to mean when I got it—it meant that I was instructed to send him news for the newspapers for this ore aeomic process in particular, because this was the only right for West Australia—Mr. Goodman was largely interested in the Ore Atomic Development Company; the rights for all the world; it was only the rights for West Australia that I was concerned in, and the result of the operations there would influence the result of the process—the remarks that had been made at the meeting were treated with a great amount of curiosity in the colony, and scepticism sometimes—I was very anxious to demonstrate it—my corporation had nothing whatever to do with the opening of the Kalgoorlie extension—that was uppermost in my mind when I sent the cable, and knew the opening of the Kalgoorlie extension was looked forward to on the London market by everybody, and that it would be in the newspapers, and that Mr. Goodman would see it, and he would know that the Government on that occasion had been speaking about our company—cabling from Australia here costs 5s. 9d. a code word—"Opening Kalgoorlie extension" would be three words, and would cost three times 5s., 9d.; over 17s.—I have not said that those words had no meaning at all—I was practically repeating Sir Gerard Smith's remarks; they had just come back from the openings and when they were up at the opening they said they were talking about the company; it was what the Government were talking about, and the amount of capital embarked in West Australia, and they compared our company with the,. mining companies, and they said too much was expected of West Australia from the number of mining companies brought out, and that it was a pleasure to see a trading company brought out—" A high compliment," etc, is perfectly true, it was not only promised, but it was extended; shortly after that I reminded one of the ministers of that promise, and he gave me the first order for 100 tons—"Profits must be many millions" were, His Excellency's own words; he said, "You have the colony before you," he asked what the capital was, and I said half a million, and he said, "You will make millions here"—that is a private cable to Goodman, and
not to the office at all—I sent it because I knew Goodman would be very: glad that the Government had complimented us and promised us support, as a piece of private news to Mr. Goodman absolutely; T promised to keep him posted in everything that went on, nor was it used in any way—it was not sent for the newspapers at all; the newspapers would only apply to the ore atomic; these were my instructions, and I would have made a Very good thing of the ore atomic, I may say—I do not complain so much of Grant's conduct; I think I was very temperate in what I wrote—there was no reason on earth why Mr. Grant could not have duplicated copies of the correspondence between him and the company at home; and neither do I say there was—he pointed out to me the interpretation that could be put on the statement in the prospectus, and also the remarks in Goodman's speech—he told me he had some correspondence which had passed between himself and Goodman of a private and unofficial nature, but he expressed no honest indignation on these statements at all, but what he did say was: "Unless I am paid my commission of £4,000 I will use these to enforce payment against Goodman"—these things were full of mis-statements according to his account—he expressed no honest indignation of these statements—there was a great deal that would have justified honest indignation from his point of view, according to his account, but I did not agree with him in the interpretation he put on the prospectus—25,175 ordinary shares of the syndicate and 2,910 founders' were put into my name—I simply had orders to make the entry in my name, and the shares would be held in reserve—I believe that is the custom—Mr. Goodman, who araanged the option with the brokers, Messrs' Hazeltine, gave me those orders—every now and then a batch would come in from the brokers, Messrs. Hazeltine, accompanied with a cheque for so many calls which they had disposed of on the market, they had a call on the shares—no transfer passed, they were put into Hazel tine's name—I was holding these shares for them and they were acting for the syndicate; the syndicate had given them their option—that was not for Goodman, that was for the company—the company benefited by the price paid—very few of the shares which stood in my name in the way I have described were held really by me for Goodman, although nominally for the company; most of that large number were held in reserve to supply Messrs. Hazel tine's call whenever they thought proper to make it—I knew Goodman was buying very largely and selling very largely—I did not know that the shares standing in my name were being used to facilitate these operations, nor were they—you might say the capital of the syndicate was underwritten by Messrs. Hazeltine—when they wanted the shares delivered, they were delivered against their cheque, but in the mean-time they were simply held in reserve, as it were, on behalf of Messrs. Hazeltine—no name need have been used at all—Messrs. Hazeltine were the brokers of the company—they were delivered on behalf of the company, and the money would go into the company's funds—I never knew that I hid any shares at all in the corporation—I never had any notice that any shares were put in my name—the allotment of the shares of the corporation took place after I left England—I never had a share either in the one company or the other.
Re-examined. Supposing that corrugated iron had been sold for the £30 that I understood it would be sold for, it would have shown a profit of £16 per ton, and had that been so, £5,000 would have more than provided the dividend of 100 per cent.—with regard to "the profits expected to be £25,000" in that telegram I thought Mr. Squier was justified in that estimate.
BERNARD and LEE, NOT GUILTY . GOODMAN.— Eighteen Months Hard Labour. SQUIER— Six Months' Hard Labour.
Before Mr. Common Serjeant.
MR. MAURICE Prosecuted.
CLAUA MORTON . I am the wife of Richard Morton, and keep a shop at Leytoustone—on February 11th I served the prisoner with a 2d. cigar—he tendered a florin—I gave him 1s. 10d. change and kept the coin and gave it to my husband when he came home—on February 25th the prisoner came in again for a 2d., cigar—he tendered a florin—I told him it was bad—I recognised him, and said that he had given me a bad one a fortnight before, and I should give him in charge—he said that I had made a mistake—he was going out, but I stood in the doorway—he was going away without his change—I gave him into custody.
Cross-examined by the prisoner. When I told you the coin was bad I was on the same side of the counter as you were.
HERBERT WAKEFIELD (587 K), At 3.15 on February 25th I was called to this shop and I saw the prisoner detained—Mrs. Morton said, "This man has tried to pass a 2s. piece; he was here last Saturday week and tried to do a similar thing"—I said, "You hear what this lady says"—he said, "Yes, I was not in here last Saturday week"—I searched him in the shop and found a half-sovereign, two half-crowns, and 5d.—he said he had come down to go to a football match; he refused to give his name or address—Mrs. Morton gave me this florin (Produced) and gave the prisoner in charge.
WILLIAM BEAVER (The prisoner). If I had passed a bad florin on. the Saturday week previous I should not have gone into the same shop again; I was never in the shop before—Mrs. Morton told the constable that she was su re I was coming back.
Cross-examined. On the 25th Mrs. Morton said to me, "I shall keep
you in the shop; you are the same man who came in before"—it was not true that I had ever been in there before—she did not stand in the doorway and keep me from going out—have been in trouble before; I got 5 years penal servitude in 1891 for stealing a watch, and 3 1/2 years and 3 years' police supervision for stealing a chain, and 12 months for robbery with violence in 1890, and 9 months at the Middlesex Sessions for stealing boots, and also a month at Worship Street for stealing clothes.
GUILTY †.—Other convictions were proved against him, and he had me year and four days of a former sentence still to serve,— Eighteen Months Hard Labour ,
MR. STEWART Prosecuted, and MR. SYMMONS Defended. SAMTEL HENRY MUSKETT. I live at 25, Farmer's Road, Leyton Lane—I have some stables at High Road, Leyton—on November 17th, 1898, the prisoner came to my house with a man named Guest and asked me if I had stables to let—I showed them the stables—they took them and Guest gave me half a crown deposit—I have received no rent from the prisoner—he has told the other man to pay me—I had a van which was kept in the yard beside the stablew—on December 7th I left off work and returned—the prisoner and Guest came back with it—I asked them what business they had to take it—they said they thought I should not mind them having it—I said I did not mind this time, but they were not to take it Again—I placed a chain and lock on it, but next morning it was gone—I then gave information to the police—I next saw the van on the 20th at East Street, Walworth, in a stable, with several other vehicles—it was newly painted a different colour, and the man that painted it had his name on it, and my name and address on the footboard were painted out—I value it at £8.
Cross-examined. I did not have a stable next to the one I let—Guest generally paid me the rent, but the prisoner always told him to pay me—I did not know which was master—the money passed from Guest to me—I understood that was by the prisoner's orders—there is a piece of waste ground fenced in from the public connected with some shops at the side—the van was not on the property I had let to the prisoner—I some-times went into the stable after I had let it to them—I had a goat there which the prisoner said I need not trouble about shifting—that took me sometimes there.
Re-examined. I only had the rent about three times from Guest; the prisoner was present every time—both men brought the van back—I very. often saw them together.
By the COURT. The tenancy was weekly—they only paid me one half-crown as rent, and the other as deposit—I did not see the prisoner or his friend after the van was stolen—they had three ponies when they came—I did not see what they had afterwards—I fastened the wheel of the Van with a skid-chain—I heard nothing more of them until I saw the
van on December 20 th—I saw the prisoner on March 2nd when he was arrested.
JABEZ HOWES (474 J.) I am stationed at Ley ton—on December 19th, in conseqaence of a communication received, I went to the prosecutor's stables, and sublet to the prisoner and another man—from what I saw there I seat for another constable, aud kept observation on the stable till 10 p.m., aud arrested Guest—I had not found Chaffe—Guest's proper name is William Stowe—he pleaded guilty here in February to being concerned with another man iu larceny (See page 230)—early next moming I went to No. I, Walworth Place, East Street, Walworth, with the prosecutor, where, amongst other vehieles, he identified his van—I took it to Stratford Police-court, and charged Guest—I did not arrest Ghaffe.
Cross-examined. When Guest pleaded guilty I was in the case—I was making inquiries—Guest was charged at that time with being concerned with another man—his sentence was postponed till March Sessions—I got some information from different sources, not from Guest—he made some statements to me when I arrested him, but I had no commumcation with him afterwards—he told me a series of untruths—it would not have done for me to believe all he said.
Re-examined. He said he knew nothing abont the van, his pal had taken it to have it done up—he said, "Little Joe, the man that has been living with me."
ALBERT HANDLSY (Detective J). On March 1st I found the prisoner detained at Bow Street Police-station; he had been arrested by Sergeant Pedder—I told him I was a police-officer, and should arrest him for stealing a van, value £8, with a man named Guest, then in custody—he said, "All right"—he was conveyed to Leyton.
Cross-examined. I was not present when Guest pleaded guilty—I do not know why sentence was postponisd.
FRANCIS LOVE . I am a general dealer and wheelwright at 1, Walworth Place—I See'd the van brought there on a barrow by Guest and another man whom I cannot identify—I had three wheels to do up altogether, and had the van to do up thoroughly; painted and lined out, and ready for use—there was no name on it when it was brought to me—the footboard was completely broken, as if there had been an accident with it.
Cross-examined. They came in the afternoon—I saw both of them—it was just before Christmas, but I cannot say exactly—they were there together when the order was given for the work to be done, but Guest gave me the order—the van was drawn up in front of my place—I went out and talked to them about 20 minutes or half an hour—I do not think the prisoner was the man with Guest.
WILLIAM STOWE aliat GOEST. I live a 1, Trafalgar Place—I was charged at this Court with stealing this van at the Februiry Sessions; I pleaded guilty, and sentence was postponed till the next Sessions—I have been in custody—I was brought up in March, and put in the dock again to receive sentence—I did not hear an application by Counsel with regard to me—I was released on recognizances—this prisoner was not present—I am 25—I met him first in October last—we worked as dealers together—we hired the stables together; he found out that the stables
were to be let, and he asked Mr. Muskett how much it would be—it was half-a-crown a week, and I gave a Cheffe the half-crown to give to Muskett—we used Muskett's van for 3 days without his consent, but Muskett said the van was allowed to us to sell for £5 10s., if we could—one day returning to the premises we met Muskett—we went with him to have a drink; he said nothing to me about the van or about using it—I found it in the yard, and when we had it the next day Chafife brought it to my place the same morning while I was having breakfast—we took it away; it broke down, and we took it to be repaired—we were going to take it back again when the police took us into custody—Chaffe was with me when I took it away—there was no lock and chain on it to my knowledge—they painted it all over—I think Muskett's name and address was on it when Chaffe and I took it to the wheelwright's—we both took it to Love's—the footboard was broken—we both gave directions with regard to the repairing and repainting—it was not returned to Muskett until we were arrested and charged—I gave Mukett the address where it was—I pleaded guilty.
Cross-examined. Muskett did not tell us we were not to use his van any more—when we came back at night time he found fault with us for taking it out without permission—it was not there when he spoke to us about it: he asked me to bring it home—I do not know if he put a pad-lock and chain on it because we had taken it without his permission—I never went to this stable myself—Chaffe brought the van home on the first day—I do not know whose suggestion it was that we should steal it; our trap broke down and we took the opportunity of using it—we did not mean to steal it in the first place—it was quite an accident that the name was painted out—it was painted all over—the name was only put on with two tin tacks—I believe the name of Muskett was on it when I took it to Love and left it with him to be done up—we had it painted all over by Love—we had not had the name painted off when we took it to Love—I do not know whether it was painted off or not—I never meant to steal it—we were going to fetch it back, but had not the money to pay for the repairing—I told Muskett so the nighi before he gave me into custody—I told him where it was—that was a fortnight afterwards—it ought to have been fetched a fortnight before, but we had not the money—wheelwrights do generally put their own name on a van when they repaint it; but we were going to sell it—Muskett had told us to sell it if we liked for £5 10s.—he did not use it; he had no horse for it—we had sometimes three horses, sometimes two; wesoldthem; we had bought them—we dealt in horses—it was in the early part of December that we went to Love's—we used Muskett's stables for about a fortnight afterwards.
Evidence for the Defence.
JOSEPH CHAFFE (The prisoner). I was with Stowe or Guest when the stable was taken—I went with him to occupy it for a few days because my pony had sore shoulders—I wanted shelter because the Society would have stopped me, and I should have got into trouble—I left the table about the first week in December; as soon as my pony was able to move I took it away—Guest lived opposite Leyton Police-station, and was in possession of the stable for weeks after he was
arrested—I do not know where he lives now—I was living at Battersea—I lodged at Guest's house for two or three days—I was working for Guest—he was the master—he buys and sells things, greengrocery, ponies, carts, and so on—Guest and I went out in the van—Muskett had lent it to him on several occasions, and said: If you will sell it for £10s., as you are dealers, do"—I said it was not worth so much, as it was broken about—Muskett only complained once about our using it, not exactly a complaint, he said: What are you going to do "?—I did not go to Love's uith Guest—I saw Love in the Caledonian Market as a dealer, but I know nothing of him—I did not go to his place to have the van repaired—I was at the stable after December 7th, I do not know the date exactly; somewhere in the middle of December—the van was gone then, but there was no bother about it—Muskett, Stowe, and I were all friendly together—I paid Muskett rent after that—Stowe ran short of money one week, and I lent him half-a-crown to pay the rent that week—that was after the van was gone—Muskett and Stowe had dealings and rows together; they were wrangling about things, and then Stowe was charged—I have had no money for that van; not a fraction—I knew nothing at all about it till Stowe came over to Battersea about my pony.
Cross-examined. I have worked for Stowe and his father—although his servant, I knew nothing about his movements when the van was taken to Love's, because I was not at home at my own place—I did not work lor him when I did not like—he had nothing for me to do—I was at home at Battersea, and went out with flowers—I have got eight children to keep—the simple thing is that Stowe and Muskett have brought me here out of sheer malice—both Stowe and T took the stable—we arranged it together, he was the governor, and we both paid the money together—the landlord charged us hal£-a-crown a week for part of the stable,—he occupied the other part with his goat—there was no discussion about it—we were always present—sometimes we would go for a fortnight without paying—I deny that I took the van to Stowe—I know nothing about the date of the van disappearing, whether it was a Sunday, or Good Friday, or any other day—I do not know what van you are talking about—I never heard Muskett say anything disagreeable about the van going—I deny removing the padlock or the van on that day—I did not accompany Stowe to Love's place of business—I lived with Stowe two or three weeks while we occupied the stable—I slept there three or four nights—my pony had been at Blackwater before—it is now at Battersea—we hired the stables because Stowe had removed from Battersea to Leyton, to put his property in; the police know that—the stable was taken because we wanted it for business—the police can corroborate that the pony was sore-shouldered—I did not hire the stable; Stowe hired it, and I went with him; he moved away from Battersea to Leyton—we lookedabout to find a stable, and were told by a neighbour in Leyton that Muskett had one to let, and we fetched our three ponies there—the sore-shouldered one is now at home; better—the other two we sold—I had no place to leave him at Battersea, as I had to give up my stable, and so I put the pony in at Muskett's stable—it was my brother's stable—there was no room there for a month after—it is untrue for Muskett to say that
I never paid him any rent after December 6th—he received his rent; he had some rent.
By the COURT. It is not true what Muskett says—we did not disappear at the same time as the van, or that neither me nor my friend ever came back, and that no rent was paid after that date—the stable was kept on.
SAMUKL MUSKETT (Re-examined). I adhere to what I said just now that on December 17th both these men disappeared, the van and the chain disappearing at the same time, and that I saw nothing of them again until Stowe was arrested,
S. CHAFFE (Re-examined). From December 7th until I was arrested I was in London selling flowers, and living in Kingsland Road—I went to live there between the 7th and the end of December—I was getting my living all over London.
GUILTY .—He then Pleaded Guilty to a conviction at Southwark police-court on June 16th, 1898, and four other convictions were proved against him.— Twelve Months" Hard Labour
SURREY CASES.—Before Mr. Common Serjeant.
FRANCES PAVELEY . I am the wife of William Paveley, tobacconist, of 12, Foxteth Terrace, Lower Richmond Road, Putney—on the boat-race morning the prisoner came in at 11.40 for half an ounce of tobacco, price twopence—he tendered a crown piece in payment—I gave him is. 10d. change, and he left—I put the coin away—there was no other crown there—I did aot notice that it was bad then, but later on I did, and tested it, marked it, and handed it to the detective—I saw the prisoner in custody at the rear of the South-Westem Police-court, amongst six other persons—I knew him in a moment—I have no doubt he is the same man—I am quite sure of it.
WILLIAM RUSH . I am barman at the Half Moon, Lower Richmond Road, Putney—I was serving in the bar on boat-race day—the prisoner came in about 11.30 for half-a-pint of old six, price three half-pence; he tendered a crown-piece in payment—I told him it was bad—he said, "It looks like a day's work gone"—I broke it in pieces and gave it him back—he said that he had got it from the Lion, but I do not know which public-house he meant—he then paid me in good coppers and left—I have not seen the broken pieces since—I saw the prisoner at the South-Western Police-court on March 30th with other persons, and picked him out—I am sure he is the same man.
MARY ANN NORRIS . I am the wife of George Norris, provision dealer, of 18, North Place, Putney—on boat-race day, about 12.40, the prisoner came in and bought a tin of sardines and a slice of bread, price 3Jd.—he
paid me with this crown-piece (Produced)—I did not notice anything wrongwith it at the time, and put it into my husband's box, taking five good shillings out—later on I went to the box, and took the coin out and showed it to Mr. Brewer, and we found it was bad—we marked it and banded it to the detective, who also marked it—I visited the South-Westem Police-court last Friday, and saw a number of persons there—the prisoner was amongst them, and I picked him out at once—I am sure he is the man.
HBNRY HAM (Detective V). It is about 200 yards from Mrs. Paveley's Shoptothe Half Moon—I received the three coins produced—one from Mrs. Paveley, one from Mr. Brewer, of the Duke's Head, and the third from Mr. Norris—I was present at the identification at the South-Western Police-court—I got 6 or 7 men of similar size to the prisoner, as far as I could, and placed him among them—he was identified by the witnesses without hesitation on 2 days.
Cross-examined by the Prisoner. The men were taken from the cells and put there for your own benefit, because there were other coins from other districts, and the descriptions varied.
ABTHUB COOPBR . I am barman at the Duke's Head, Lower Richmond Road, Putney—I was there on boat-race day about 1.30—I saw the prisoner come in—he called for two-pennyworth of whisky—I served him—he tendered a crown in payment—I had received instructions in the event of a crown being tendered by anybody, and in consequence I took it straight to the governor, and saw him take the prisoner outside and give him info custody—I had not given the prisoner on that day change for half a sovereign—I am quite sure of that—I had not seen him in the house before.
Cross-examined. I had not served you with some rum when you gave me half a sovereign—I did not give you a bad five shilling piece.
AUGUSTUS HUGH BRBWER . I am the landlord of the Duke's Head at Putney—the last witness brought me a crown piece on boat-race morning—I held it, and jumped over the bar to the prisoner—I had tried the coin with my teeth, and found it was bad; the edges were soft—I asked him where he got it—he said "In change"—I said, "I will gjve you change," and took him to the constable at the door—at the Police-station he said he had got the change at my place for a half-sovereign—I had given instructions to my barman.
Cross-examined. You said nothing whatever in the house about getting the change there.
FRANK SMITH (667 V). I was outside the public-house when the prisoner was brought out by the landlord—I examined the coin; it was bad—when the prisoner was charged later he told me he had got it in change for a half-sovereign—the crown is here now, marked N—I searched the prisoner, and found on him a quantity of bad money.
A. K. BREWER (Re-examined). The coin marked N was tendered at my house, and it is new produced.
GUILTY .— Twelve Months'Hard Labour.
Before Mr. Recorder.
Committing acts of gross indecency with each other in a public place.
NOT GUILTY .
Before Mr. Justice Grantham.
MESSRS. AVORY, BODKIN, and A. GILL Prosecuted and MR. LAWLESS
PRISCILLA FIELDING . I am the wife of Phillip Arthur Fielding, of 7, New Street Mews, New Street, Kennington—the deceased was my mother—she was a widow, and about 54 years old—she lived with the prisoner at 4, Garden Cottages, Opal Street, Kennington—she earned her living by taking out a greengrocer's barrow, standing it in Newington Butts—she had a son of 23 or 24, who lived in the room downstairs and the prisoner and my mother slept upstairs—he used to sell things in the streets—I do not know if he earned enough to keep himself—he used to go out on Saturdays and Sundays selling, and sometimes in the week—I think he left 4, Garden Cottages just a week before March 16th—I saw my mother for the last time alive on Tuesday, March 16th—she had a black eye and her neck was bruised and swollen—I had seen her with bruises before—the prisoner used to help my mother at the stall, but he did not do any other work to my knowledge—he used to drink—they were not on happy terms, they were always quarrelling—on March 14th I saw my mother dead in the mortuary—I was shown this shawl at the Police-court (Produced) which was my mother's.
Cross-examined. I lived quite close to my mother's—she and thfr prisoner had only been living at Garden Cottages about 2 years—I was not near thena before that—I have known the prisoner ever since he went to live with my mother—she had the stall where the business was carried on before she lived with the prisoner—it was my stall, and when my husband took a shop my mother said she would like to have it—the prisoner did not build it—I have stood at the stall ever since I was 15—I do not know that the prisoner did a good deal of work at the Borough Market; he might have some years back—I do not know Mr. Emery, Mr. Hill, or Mr. Simpson—I do not go to market; my husband goes—I do not know that my brother's living at my mother's was the cause of the quarrelling. By the COURT. The prisoner treated my mother very badly—I asked her to leave him, but when she did she went back again soon after—I do not know why.
MARY ANN SAWYER . I live at 3, Garden Cottages, Opal Street—I am the wife of Charles Sawyer—No. 3 is next door to No. 4—I know the deceased and the prisoner as living at No. 4 for the past two years, except when he left her last February twelvemonth, he went away then for 6 months—I also knew her son Robert; he lived there up to March 8th—there are only two rooms in each of the houses; they were alway quarrelling—about a week before March 14th I noticed that Mrs. Short's
face was all black under the eye-the deceased said to me in the prisoner's presence, "He has hit; me in the face"—he said nothing—I have frequently seen the deceased with marks of violence on her—on March 14th I heard her come home about 11.20 p.m.—I heard her say, "Are you in here again?"—I heard no other voice then—I heard quarrelling till about 2.45—on the morning of the 15th I got up about 5 and went to bed again till 6.30 about 7. 15 Mrs. Short came into my house crying-while we were talking the prisoner came down the court-Mrs. Short said, "You have been to the Lion spending my money again"—he made no answer; he walked indoors; he was trembling—I heard them quarrelling till 8 o'clock inside the house—I saw the prisoner going up the court at 8 o'clock—he came I ack at 25 minutes past-the deceased was preparing the things for the stall when he came down-the deceased went indoors about 8.55—I never saw her alive again-the door was shut.-about 9.10 I heard a faint scream-about 9.15 the prisoner came out of the house, and asked my boy to help him to put the things on the barrow—I asked the prisoner where Mrs. Short was—he said, "Gone to her daughter's" my boy put the things on the barrow-the prisoner asked me for 1d. to get half a pint with—I did not give it to him—I saw a woman's boot coming out of his pocket—he said, "If she comes back tell her I have taken her things up to the stall"—he went indoors-again and gott a small box with some beetroots in it and then went away—I looked through the window of his house, but could not distinguish anything-while I was looking in he came down the court, and said: "What are you looking: in there for? She has gone to her daughter's"—he went away then with the barrow—I went over to Mr. Hardaway's, who lives at No. 5, aud we entered the house, that was about 9.20—I looked through the window before my boy helped the prisoner with the things—I looked through when he went away to get the barrow—I looked through because she always came in, as she has to pass my place to go out, and I had not seen her-when Mr. Hardaway went into the bouse we saw the deceased in the comer of the room deubled up on the ground and a sack over her-Mr. Hardaway pulled the sack off—I pulled the blind up aud sent my boy for the police—I came out then-we did not disturb the room at all except pulling up the blind tese boots (Produced) were the deceased-the prisoner was tremblind and shaking when I saw him, he appeared ae if he had had some drink.
Cross-examined. The prisoner was constantly drinking-when the deceased said, "Look what he has done to my face" she was very angry—she could use her tongue a bit-the prisoner and the deceased worked together—I do not know if he went to the Borough Market to buy things—I do not know if the son was the cause of the quarrelling—he worked on Saturdays and Sundays; the rest of the week he did nothing—I did not hear them complaining of having to support the son—on this morning the prisoner seemed as if he had been drinking heavily.
Re-examined. The prisoner used to get the barrow when he was told to; he did it on this morning as he did, on other mornings, and also in
the packing of the barrow—I did not notice anything different in his condition on this morning; he spoke the same as usual.
THOMAS HARDAWAY . I am a brush-maker, of 5, Garden Cottages, Opal Street—I know Mrs. Sawyer—about 9 o'clock on the morning of March 15th she spoke to me, and I went into the ground-floor room of No. 4—the door was shut; we pushed it open—the blind was down—it was a very dim light indeed—when the blind was pulled up I saw a quantity of bed-flock scattered about the floor, there was a heap of the same stuff and bed-ticking up in the corner—I saw a woman's naked knees protruding through the top of the stuff—I turned the stuff up and came upon a quantity of blood and some flesh; I could not see what part of the body it was—I removed some more of the ticking, and saw the body; the head was towards the door and the feet towards the wall—we came out of the house and sent for the police.
CHARLES DYER (Police Inspector). At 9.40 a m. on March 15th I went with Inspector McCarthy to 4, Garden Cottages; we entered the down-stairs room, there was nobody there then; we examined the room and found in a corner opposite the door a bundle, which I found was the body of a woman—I saw her naked knees; she had stockinets on, but no boots—the body was covered with a bit of an old sack, with some bed flock which had been removed—I thought she was dead—I sent for the divi Mional surgeon—there was an orange-box between the body and the window—the doctor arrived—on searching the room I found this knife (Produced) closed and covered with fresh blood—there was a long hair adhering to it; it is there now—a great quantity of blood extended for about 6 or 8 feet over the floor covered with flock—there were three chairs, a wash-stand, a table, two table knives—one of them the knife I have produced, a teacup, saucer, and spoon, a piece of bread and butter, a tin of condensed milk, and a lobster tin—there was a pail under the chair by the side of the window, containing dirty water—no chair was upset—I went upstairs, at the comer of the stairs I saw a hand mark, and a smear of blood, and upstairs there was a fresh spot of blood on this piece of rag—there was no bedding upstairs, only some old clothing on the bedstead—the only bedding in the house was that which covered the woman—the body was removed and taken to the mortuary.
EDWARD ERNEST "WILLIAM ROWE. I am a registered medical practitioner, of 153, Kennington Park Road—about 9.45 a.m. on March 15th I was called by the police and I went to 4 Garden Cottages—I went into the room and in the right-hand corner I saw the knees of a woman sticking out of a bundle of flock and a bed on the top of it—she was lying on her back with her feet touching the wall and her knees flexed, the head was bent upon the chest—the right hand was lying across the breast and the left was extended—the body was quite warm—against the mattress there was an empty orange-box—I saw this pocket-knife closed on the table in the middle of the room—there was blood, apparently fresh, over the handle and also on the blade—there was also a hair on the handle which corresponded with the hair of the woman—there was a large quantity of flock over the floor between her head and the door, and a great quantity of blood in the room-the flock had the appearance of having been walked
upon—I examined the body—on the left side of the neck I found a deep incised wound about 2 1/2 ins. in extent; the edges were jagged, the muscles of the neck were severed, the wind-pipe penetrated, and it had also severed the large arteries of the neck—on the face and forehead I found a number of small incised wounds ranging from 1/8th to 1/4 in. in depth, and about 1/4 in. long or less, not more—there were 12 on the forehead, and 8 on the face—there were 4 wounds on the right side of the eye penetrating the orbit—they were more than 1 in. deep, 4 of the 8 penetrated from above and below, 4 of them on the right side and 3 on the left penetrated the orbit; both eyeballs were penetrated, one by 4 and the other by 3 wounds—over the right jaw there was a Urge wound, and a recent infusion of blood—on the back of the right hand there were 10 small incised wounds about 1/4 in. to 1 in. in length—on the palm of the right hand 3 wounds, and on the palm of the left 4 wounds, and 4 on the back of the left hand—over the lefe shin there was a bruise and a graze, a bruise on the left knee, and several old ones on both legs—a bruise on the right arm, and some bruises on the left wrist—next day I made a post-mortem examination—I found that the main organs were healthy—in my opinion the cause of death was syncope, following from loss of blood from the wound in the neck—that one wound would have required considerable force—I think the head must have been drawn back, and the wound caused by the knife on the table; the tissues were on the stretch—I think the wounds in the face were caused first, because there was considerable infusion into the eyes, and if the wound in the neck had been caused first, in all probability she would have been dead before the wounds were inflicted—the wound in the neck would have caused death in about half a minute, the loss of blood was so great—I think the wounds in the hands were caused by her putting her hands over her face—all the wounds could have been caused by the knife found in the room.
Cross-examined. I formed the opinion that all the wounds must have been the work of a few moments, iand done in a sudden fit of frenzy—I will not swear that the wound in the throat was done after the wounds in the eyes—if a large artery was severed it would stop the circulation in about half a minute—the look of the body gave me the impression of some wild beast more than a human being—there were 41 wounds—the prisoner was addicted to drink—I should say the trembling was caused by drink—if a man has been drinking heavily, and on a particular morning goes to a publio-house, and is seen coming back tremblingi I should think he would be bordering on d.t.—I should think a reaction would set in after a thing like this, and he might appear sober to a person he was speaking to afterwards—I saw the prisoner on the day he was arrested—I did not see a wound on his wrist, but he complained of one—I did not examine him.
Re-examined. I did not see the prisoner until the evening of the next day—I meant by "frenzy" that he was in a violent temper, giving way to violent anger—I have no ground for saying that he was suffring from d.t—men who have been drinking like this often tremble for some days—they tremble the first thing in the morning, but trembling is often the first stage of d.t.—the trembling taken by itself is not an indication.
By the COURT. There is nothing in the prisoner to indicate that he is bordering on d.t.
WILLIAM GUPILLIA . I am a marine store dealer, of 1, Golden's Place Kennington—about 9.40 a.m. on March 15th the prisoner came into my shop, and asked me if I would buy a shawl and a pair of boots of him—I gave him 6d. for them; these are them (Produced)—the prisoner was sober; there was nothing about him to make me think he was under the influence of drink—he had a barrow outside—I purchased some water-cress and radishes of him; he went away then, wheeling the barrow.
Cross-Examined. I only knew him by sight—I did not know he was in the habit of drinking; he was not trembling in the least.
JOHN STORY (7 E.R.) About 6.30 p.m. on March 16th T was in Neal Street, Long Acre—in consequence of instructions, I went to the Horse and Groom public-house, and in the back yard I saw the prisoner—the had his overcoat in his left hand and was examining his pockets with the right—he was alone—I asked him his name—he said, "Brown"—after looking at me a second he said, "Oh, my name is Andrews; I know what you want"—I told him I should take him into custody on suspicion of murdering bis wife at Kennington—he made no reply then—on the way to the station he said, "I did it with the knife which I left on the table"—I took him to Bow Street Police-station, where Inspector Roberts was on duty; the prisoner there gave his name again as Frederick Andrews.
Cross-examined. I arrested him some 36 hours after the crime—he was not drunk—I daresay he had been drinking—he did not appear to be recovering from the effects of drink—he smelt of drink.
FREDERICK ROBERTS (Inspeetor E). About 5.30 p.m. on March 16th I was at Bow Street Police-station when the last witness brought in the prisoner—I said he was brought there for the murder of his wife, and would be handed over to the police of the L. division—as I was about to put him away I said to him, "Have you a knife or anything about you?—he said, "No, I used the b——knife, or she would have used it about me; I killed the b——cow, and I will hang like one man for her"—he was afterwards handed over to an Inspector of the L. divison.
Cross-examined. I took him over from Story.
HARRY CALLAGHAN (Detective Sergeant E). About 6 o'clock on March 16th I was at Bow Street Police-station in the cell corridor in charge of the prisoner—he made a voluntary statement to me, I took it down as he spoke—he said, "The knife, the son put it in the cupboard to kill me. I killed her after I poked her eyes out with the knife and cut her throat after. I 'chucked' some flock and a bed on her, and left the house wheeling a barrow along the road, selling on the way. The son is the cause of all of it; thieving and robbing her and blaming it all on to me. He drove me to do it by his own weapon, and if I had met him last night I would have killed him and felt comfortable."
JOHN MACCHARTY (Inspector L). About 5.50 p.m. on March 16th I saw the prisoner in custody at Bow Street-station—I told him I was a police-inspector, and said, "I am going to take you in custody on a charge of killing Mrs. Short by cutting her throat with a knife"—before I could caution him he replied, "It is quite right, I own to it"—I stopped him
and told him anything further said might be used against him—he then said, "It is no use denying it"—I took him to Kennington Lane Station in a cab—on the way he said, "This is a bad position to be in. I done it in drink; I have been drinking heavily. I had better be hung and get out of it quiek"—he was charged, and when it was read over to him, he replied: "Quite right, quite right"—the cuffs of his white shirt were smearod with blood, and also the front of the shirt, there was a blood stain on the right cuff of the overcoat—they were recent stains.
ROBERT SHORT . I am a costermonger, of 17, Barrow Place, Waterloo Boad, and the son of the deceased—I lived at 4, Garden Cottages for a time, sleeping in the downstairs room—I left a week before thit happened—I used to go out on Saturdays and Sundays selling oysters and shell-fish—I was able to support myself for the rest of the week.
By the COURT. I only worked two days a week—I had not my own stock, and I could only borrow the money for Fridays and Saturdays to lay out—I paid back the money on Sundays—I borrowed it from my sister—she could not let me have it again on Mondays—the wages were paid on Saturdays—I used to live the best way I could the rest of the week—I earned 1s. somehow or other—I did not live on my mother—my missue used to give me money—I am married—I did not live in this room—with my wife; she lived opposite—I did not live with her because I could not afford to buy a home—we are not married now, we are only living together—we shall get married when we can afford the money.
Re-examined. I do not know who this knife belongs to—I have seen it on the downstairs mantelpiece at my mother's house.
Cross-examined. I was not very friendly with the prisoner—there is a woman by whom I had some children—her father supports them—I did not pay any rent when I lived with my mother, I had my meals with my wife's father—my sister would lend me 10s., and I would make a profit of 12s. or 14s.
Witnesses for the Defence,
WILLIAM THOMAS EMERT : I am a salesman in the Borough Market—I have known the prisoner nearly 20 years—he has worked for me and I have worked for him—he used to come into the market to buy vegetables—I have seen the prisoner "doing" celery for Mr. Hill. HENRT JACKSON. I am a salesman in the Borough Market—I have known the prisoner all my life—he has worked for me and my father for years—I have seen him come to the market buying things—I saw him at. work on March 10th for Mr. Hill—he was a regular frequenter of the market.
The prisoner. "I have been half-killed by that woman. I lost myself; I do not think that I was mad."— DEATH.
The follounng case was omitted from the last Session.
Before Mr. Recorder.
326. ALFRED ERNEST BENNETT (18), HORACE WOOLCOTT (20) and CHARLES COLE (25) PLEADED GUILTY to conspiring together to induce Henry Hawkes and George Humphreys to engage the said Alfred Ernest Bennet as barman, and to cheat and defraud them of their money.:— Judgment respited.
ADJOURNED TO MONDAY, MAY 8TH, 1899.