CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD APRIL 30TH, 1900.
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.
VOL. CXXXII. SESSIONS VII. to XII.
STEVENS AND SONS, LIMITED, 119, CHANCERY LANE,
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On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOE 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 30th, 1900, and following days,
Before the Right Hon. Sir ALFRED JAMES NEWTON , Bart., Alderman, LORD MAYOR of the City of London; the Hon. Sir JOHN COMFTON LAWRANCE, Knt., one of the Justices of Her Majesty's High Court; Sir REGINALD HANSON, Bart., M.P., LL.D., F.S.A., Sir JOSEPH RENALS, Bart., and Sir GEORGE F. FAUDEL PHILLIPS, Bart., G.C.I.E., Aldermen of the said City; Sir FORREST FULTON, Knt., Q.C., Recorder of the said City; Sir JOSEPH COCKFIELD DIMSDALE, Knt.; JOHN POUND, Esq.; WALTER VAUGHAN MORGAN, Esq.; FREDERICK PRAT ALLISTON, Esq., other of the Aldermen of the said City; and FREDERICK ALBERT BOSANQUET, 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.
SIR WILLIAM PURDIE TRELOAR, Knt.
W. H. C. MAHON, Esq.
J. D. LANGTON, Esq.
CENTRAL CRIMINAL COURT.
NEWTON, MAYOR. SEVENTH 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 30th, 1900.
Before Mr. Recorder.
NOT GUILTY .
283. THOMAS ATKINSON DUCKETT (52) PLEADED GUILTY to forging and uttering a request for the payment of £150, with intent to defraud; also to forging and uttering a telegram with intent to defraud, having been convicted at this Court on September 8th, 1896.— Discharged on his own Recognizances.
284. VALENTINE EDWARD COOMBES (32) and JAMES CLARK (32) , [Pleaded Guilty: See original trial image.] to stealing a chain and other articles, the property of Edward McGuire; Coombes having been convicted of felony on June 1st, 1897, and Clark on October 17th, 1896. COOMBES also PLEADED GUILTY to stealing a coat and other articles, the property of Frederick Sherwood. Two other convictions were proved against both prisoners. COOMBES— Eighteen Months' Hard Labour; CLARK— Fifteen Months' Hard Labour.
285. HENRY PLATT (30) , to forging and uttering an order for the payment of £7 10s., with intent to defraud; also a receipt for £7 10s., with intent to defraud.— [Pleaded Guilty: See original trial image.] Four Months in the Second Division.
286. GEORGE REE (24) , to stealing, while employed in the Post Office, a post letter and postal order for 5s., the property of Her Majesty's Postmaster-General; also to stealing a letter and postal order for 5s., the property of Her Majesty's Postmaster-General; also to stealing postal orders for 20s. and 7s. 6d.— [Pleaded Guilty: See original trial image.] Nine Months in the Second Division. And
MR. GRANTHAM Prosecuted.
named Catherine Green—on December 29th, 1893, I was present at her wedding to the prisoner at Glasgow—I was one of the witnesses, and signed the register—they did not live together very long—he was described as Henry Baranowski—I saw my sister last Sunday night.
Cross-examined by the Prisoner. I have never met an Arthur Stevenson.—I think he is dead—I never told him that your wife was dead.
FLORY ELLEN AVERN . I live at 58, Canterbury Road, Kilburn—on June 8th, 1897, I married the prisoner at a registry office at Haverstock Hill—in 1895 I was living with my mother—I went with the prisoner in 1895, and lived with him as his wife till 1897—this (Produced) is a copy of the register which I signed—the prisoner is described as a bachelor, and I believed him to be one.
Cross-examined. You promised to marry me, and I consented to live with you if you did so—I have had three children—I remember William Thompson coming to see us when we lived in Long Acre—I remember three Scotch friends coming to see us—you did not tell me, when we were living at Islington, that you had had a letter from Glasgow saying that your Glasgow wife was dead, or that if I was a good girl you would marry me; you said all along you would marry me—I first heard that you were a married man three weeks before you were taken up for embezzlement—you went with me when I went to Haveretock Hill to put up the banns of marriage—I told you I had spent one night at the house of your Glasgow wife and her mother.
DANIEL TOMBLIN (Sergeant, C). On March 31st I arrested the prisoner in Pentonville Road, and informed him I should arrest him for bigamy, and told him the dates and the persons' names—he said, "I thought she was dead; I did not know where to inquire about her."
JEANIE BARR (Re-examined). I have married since my sister was married—I have been living near Edinburgh—my mother continued to live in Glasgow after the prisoner married my sister—they went to live with my mother—I was not at home then—I have a stepfather; he is a timekeeper—my father was a gardener.
The Prisoner's statement before the Magistrate: "I am in a dilemma."
The Prisoner, in his defence on oath, said that he had seen a letter written to James Stevenson by his brother, Arthur Stevenson, and who said that he had met the prisoner's wife's sister, who said that the prisoner's wife was dangerously ill in Scotland, and a few days after Arthur heard that, he saw a funeral, and was told by the prisoner's wife's sister that it was the funeral of the prisoner's wife. GUILTY .— One Month's Hard Labour.
289. GEORGE JOHN KIRBY (27) and EDWARD NATHAN (24) , Stealing 20 necklets and other goods, the property of Joseph Levi; and GUSTAV ASCHER (40) , Feloniously receiving the same, to which KIRBY and NATHAN PLEADED GUILTY .
MR. MUIR Prosecuted; MR. HUTTON Defended Ascher.
GEORGE JOHN KIRBY (The prisoner). I have pleaded guilty to this indictment—I was employed by Messrs. Joseph Levi & Co., furriers, of 135, Aldersgate Street, where I was a cutter and earned from £2 to £2 10s. a week—I first made Ascher's acquaintance about March, 1899—I met him several times in the dinner hour—the goods I stole I took
to 100, Dover Road, where Ascher lived—he asked me, "Can you get a piece of fur for my wife?"—I got it, and he said, "Anything you have got in a similar way I will accept of"—I am certain he knew where I was employed—these 20 llama skins (Produced) I gave to Ascher—I am given so many skins to make so many articles with, and occasionally I made too many, but I would only send down the number I was asked to—Ascher paid me 2s. 6d an article—these three blue circlets (Produced) came from the same place, and went to the same place, and for the same price, as also this white necklet (Produced)—I took: them all there during the five weeks before I was arrested—the total amount I received was about £3 17s. 6d.; I cannot say exactly—I never told Ascher that I brought the skins from my brother's—Nathan took them out of the building for me—I was only a cutter, and if I had been seen taking them out I should have been stopped—we have been to public-houses, where the property has changed hands—the packages were wrapped up in newspapers sometimes—these skins have got Mr. Levi's mark on them.
Cross-examined. I have been in Mr. Levi's employment about eight years—I do not consider that I have robbed him—this only commenced just before Christmas—I knew Ascher was a furrier carrying on business at his own address—I never took work home to do there—I was not a chamber master; they are men who take furs and work upon them at home—it is the custom of the trade for them to keep their cuttings—they could be made up into necklets—I never told Ascher that I was a chamber master, or that I took work home and made the cuttings up into necklets—I have been to him about eight or nine times—his place is about half an hour's walk from Mr. Levi's place—I should say that 5s. would be an average price for these skins—the work on them would be about 6d. at the most.
Re-examined. I generally made my visits about 8 p.m.—I saw Ascher's wife there sometimes as well as himself—I never saw any customers or any other men employed at furriers in the City.
By the COURT. The prisoner is the only person to whom I have sold property.
HERBERT HIND (Detective Officer). On Saturday, March 24th I got instructions from Sergeant Ottaway, and watched at Messrs. Levi's place—I saw Nathan leave about 1.40, and go to 35, Radnor Street—I saw Kirby go there later, and then they went to a public-house, and left after the parcel which Nathan had had changed hands—on Monday, March 26th, I saw Nathan leave about 6 p.m. and go home—Kirby went there, and, after few minutes' conversation, left—on Thursday, March 29th, Nathan went home about 6.30—at 7 p.m. the same day Kirby called there and went inside; he came out and went in the direction of Bath Street, and was followed by Police-constable Thorpe—Nathan went home with a parcel—he went into a public-house—Kirby met him there; Nathan went home, still carrying the parcel, and came out carrying two parcels, one in his hand and one in his pocket—in Bath Street he gave the one in his hand to Kirby—they went to Southgate Road North, and Nathan went into the Trafalgar public-house—I noticed that the parcel in his pocket was gone, and Kirby had a parcel in his hand.
his employer's premises at 5 p.m., and he and another man walked to the Shakespeare public-house, and then to another in Goswell Road—he then went home to 6, Mary Street—he then west to Nathan's house, and afterwards came out and went to a public-house, where he was joined by Nathan; then Kirby came out and waited for Nathan, who met him with two parcels, one in each pocket—Kirby went to 100, Downham Road, where he remained about 10 minutes.
JOHN OTTAWAY (Detective Inspector). On Friday, March 30th, I saw Kirby and Nathan leave Messrs. Levi's premises—I was with other officers—we followed them and saw them go together to 35, Radnor Street.—Nathan's pockets were bulky—Kirby came out and went to 100, Downham Road—his pockets were full—when he left, his pockets were thin—on April 5th I was with Constable Hind and arrested Kirby, and afterwards Nathan—after I had arrested them I went to the prisoner's house at 100, Downham Road—Mrs. Ascher came to the door—it is a private house—I asked for Ascher—she said, "He is in bed"—this was at 11 p.m.; she called him, and I said to him, "We are police-officers; do you know a man named Kirby?"—be said, "Yes"—I said, "He is in custody for stealing fur necklets, and you are suspected of buying property of him; I am going to search your house"—he said, "I bought some property of him"—he took me to his bedroom, and produced 20 white llama necklets, three blue circlets, and three blue borders—he said, "They are what I have bought of him"—I said, "How much did you give him for them?"—he said, "It is only rubbish; I gave him 2s. 6d. to 3s. apiece for them"—I said, "Have you a receipt for them?"—he said, "No"—I asked him how he became acquainted with Kirby, and how he bought property from him—he said, "I have known him and his brother for years; I thought he was in business for himself. I met him in a public-house about 12 months ago, and asked him to get me some fur for my wife; he brought me some, and I have bought of him ever since"—I said, "How did he bring these circlets to you?"—he said, "Always wrapped in brown paper, and carried them under his arm"—I searched his house, and found a quantity of necklets and skins, which he refused to give any reference to, except that they were chamber masters' cabbase—the prisoner's wife afterwards said to me, "Don't get him into trouble; you had better take £5"—before that was said some conversation took place between the prisoner and his wife in some foreign language; I could not understand it; then the prisoner said, "What do you want? say something; I cannot spare £5, as the rates have just been paid"—he was taken to the City, and, in the presence of Kirby and Nathan, I said, "These," pointing to the necklets, "have been found at Ascher's house"—Kirby said, "Quite right"—I said, "How much did you get for them?"—Kirby said, "Two-and-six all round"—Ascher said, "He told me he got them from his brother"—Kirby said, "That is not true, Ascher"—Ascher was charged at the station; he made no reply.
Cross-examined. I found 58 black skins—he told me they had been sent to him by a Mr. Grant—I believe the prisoner has had dealings with a Mr. Grant—Ascher speaks English quite well.
Re-examined. I looked for books and receipts to trace the property, but could find none.
JOSEPH LEVI . I am one of the firm of J. Levi & Son, 135, Aldersgate Street, furriers—Kirby and Nathan were employed by us—early in this year I missed a quantity of furs—I gave instructions to the police, and was afterwards shown the property here, which is ours—these black skins are not ours, I think.
HENRY KIRBY . I live at 95, Brondesbury Road, Islington, and am in the fur trade—the prisoner Kirby is my brother—I am a chamber master, which is a man who takes in furs and works them up at home—I have never seen Ascher before—I have two other brothers who work for me.
Cross-examined. I saw my other brothers occasionally.
G.J. KIRBY (Re-examined). I never told Ascher that I got the skins from my brothers—he knew where I worked; he has seen me go in.
Ascher, in his defence, on oath, said that he always understood that Kirby got the property from his brother's, and that he did not know that they were stolen.
J. LEVI (Re-examined). The 20 llama necklets were worth 6s. 9d. each wholesale, the three blue circlets 4s. 9d. each, the white tippet necklet 3s. 3d. or 4s. 3d., and the three blue llama muff borders 7s. 9d.
Cross-examined. One llama skin would make, perhaps, two, three, or four necklets—I should expect to get a llama skin for 10s.—we have bought them for 9s. 6d.; then there is the dressing, the lining, and the making.
ASCHER— GUILTY . He received a good character.— Eighteen Months' Hard Labour. KIRBY— Twelve Months' Hard Labour. NATHAN— Eight Months' Hard Labour.
NEW COURT.—Monday, April 30th, 1900.
Before Mr. Common Serjeant.
290. WILLIAM YETTON (43) PLEADED GUILTY to committing wilful damage, exceeding £5, to plate glass on the premises of Henry Lyons and another. He had been three times convicted of like offences.—Twelve Months' Hard Labour.
MR. GRANTHAM Prosecuted.
ARTHUR HICKS (Railway Constable). On April 29th I was on duty at Aldersgate Station, keeping the crowd back—I saw the prisoner in the booking-office—I knew her—I went downstairs, and found her sitting on a seat on the centre platform—she took off her jacket and bonnet—on the approach of a train she got up, went to the edge of the platform, and ran to the end of it—I ran and caught her by her shoulders—a train was then coming into the station, and she was about 20 yards from the engine when I caught her—I pulled her back from the edge of the platform, sat her on a seat, and buttoned her clothes, but she undid them as fast as I buttoned them—the station inspector called a City policeman—I went to the station—she was charged with attempting suicide, and said that she meant doing it.
The Prisoner. I did not intend to take my life; there was no train approaching; he has got a spite against me.
The Witness. There was a train approaching—you threw your ticket on the seat—I asked you to pick it up.
JOHN BAYLIS (249,City). On April 24th I was called to Aldersgate Station, and saw the prisoner on the platform in an excited state, held down by Hicks—I considered it necessary to send for an ambulance—she said, "What have I got to live for? Ain't I better off under the train?" and when she was charged at the station, she said, "I meant to do for myself this day; I saw the train coming; I went like that," making a motion to show the way she rushed to throw herself under the train.
JOHN SAUNDERS (Railway Inspector). On April 25th I saw the prisoner at Aldersgate Station—she got up off a seat, and made a rush to the edge of the platform—a train was approaching the station, and Hicks caught hold of her just in time—she was sober, but very excited.
Cross-examined. You did not say that you were merely waiting for the train to come up.
Prisoner's Defence: I was standing on the platform for a train to come; I was not going to take my life.
GUILTY .— She had been convicted 19 times, seven of which were for attempting suicide, and had only come out of prison the day before.—Six Months' Hard Labour.
ALICE CUTTING . I am single, and live at 38, London Fields—on March 27th, at 7.10, I was in the Sir Walter Scott public-house with my sister, Mrs. Carroll—the prisoner rushed in and said to my sister, "You are my wife; I will kill you"—he put his left hand round her neck, put his right hand in his pocket and stabbed her over her right eye—she reeled, and he stabbed her in her back—I had seen him the day before in the High Street, threatening to kill her—on the Monday he called at our house at dinner time—he tried to rush in, but mother would not let him—his wife was there then—about three weeks before that, when he first came home, he smashed the home up and threatened to kill her with a knife.
Cross-examined by the Prisoner. I was in the house on March 3rd, when you came home, but not the first time—I was there when you and your wife were there—we had supper in the kitchen, and you adjourned with your wife upstairs afterwards—on the night of this "accident" you might have had a glass—your face was bandaged up when you came into the public-house—you stabbed her in the back; it was not that in turning round the knife went into her back—on the Monday night, at 8.30, you made a rush to get in through the next house—I was not in the house, but I heard my mother and sister scream—your wife has been with me to a music-hall, and to a club, and to the Pavilion Theatre with a man—she did not come with him—she left him outside the public-house.
Re-examined. I earn my bread by labour, and so has my sister all the time he has been away—she got £3 from him.
on March 27th I was in the Sir Walter Scott—the prisoner came in about 7.10 and said, "You are my wife; may I assist you?"—his wife said, "Yes"—he put his right hand in his pocket, took out a knife, and struck her over her eye with it—a policeman came and took him in custody—I took her to a doctor—she had a wound over her eye, and another on her shoulder.
Cross-examined. You had had sufficient drink—I do not think your head was bound up.
MARY ANN CARROLL . I am the prisoner's wife, and live with my mother and sister at 27, Aden Street, London Fields—on March 27th I was in the Sir Walter Scott, and saw my husband there—I had seen him at 5 o'clock—not a word was said then, but he threatened me the day before, he told me he bad got a knife—three weeks before that he called at the house and said he would kill me—he was then living with me—previous to that I had not seen him for a year and eight months, but I sometimes heard from him—I supported myself during his absence by my own efforts—he dashed into the Sir Walter Scott on the 27th, and said, "You are my wife; I am your husband; can I speak to you?"—I said, "Yes, you can speak to me"—he struck me, and I fell, and felt something at my back—I was taken to a doctor—I went to a theatre on one occasion with my sister—we met a man there—he did not go home with us, he only came a little way—I was not guilty of any impropriety with him or any other man.
Cross-examined. When you wrote to me from Sunderland it was a long time before I answered you, and then I said that you could do as you liked, and I would do as I liked—I said that the boy was not well, and you sent me £3—the last money you sent me wan 6s. from Dundee—you came back to London on March 30th, and lived with me at my mother's house—I ✗did not confers to you that night that I had been unfaithful to you during your absence—I did not say that I had been with a man, and that if you had been at home it would not have occurred—I said that I had slept out of the house, next door, with my little boy—I do not know whether this man who was supposed to live next door went away that night—his name is Rawlings, your shopmare—I do not deny sleeping at Mrs. Rawlings's—I showed you something which I had made for this man—he was away from his wife for some time, but I know nothing about him: you are making up a lot of lies—you came home and struck me on my mouth, but there were no words about Rawlings—you were refused admission by me and my mother—I am afraid for my life—I went home and told you that I would not let you in till I had advice from a Magistrate, because you had threatened my life—I admitted being at the theatre, and having refreshments with this man and my sister—that was last Easter twelve months—we met him at the theatre—I also admitted his seeing me to the top of Goldsmith Road—when you came to the house I said, "Bring the man," and you said, "Come on, Sam"; but there was not a man in the street—you then said, "I have got it here for you"—you did not knock at the door the same night, nor did I put my head out at the top window, nor did you say that I had got Sam up there; nor did I say, "Yes, and a good job too"—I saw you two hours before you stabbed me—your head was bound up—I never said a word to you—I
heard nothing on Tuesday night about a party knocking you down and kicking you, but you came to the door at 2.30 a.m., and I opened the window and said, "Don't come here; go away."
Re-examined. When I shut the door of my mother's house against him it was after be had threatened me and struck me on my mouth.
OTHO IHL . I am house surgeon at the German Hospital, Dalston Lane—on March 27th Mrs. Carroll was admitted there—she had a cut on her forehead, over her right eye; not a clean cut; one side of it was turned up a little; it went down to the bone; it could be inflicted with this knife (Produced)—she had another wound on her back, clean cut, and nearly as long as this knife—it was very deep, and she had lost a great deal of blood—if she had not been brought to a doctor in time it would have been serious for her life—it went to the shoulder bone—those two wounds could not have been caused by one blow.
Cross-examined. I do not remember dressing your head on the Tuesday morning, but you have shown me my letter—you had two blue eyes.
ALFRED BEAL (301 J). On March 27th I was on duty in the Broad-way, and was called to the Sir Walter Scott—Mrs. Carroll was sitting on the doorstep, bleeding from a wound on her forehead—in consequence of what was told me I took the prisoner to the station—on he way there he said, "I am not sorry for what I have done; I meant to do it, you will find the knife in my right hand pocket"—I took him to the station, and told the inspector in his presence what he had said, and he said that he had not used those words—I found this knife in his right hand pocket—he was not drunk or excited.
Cross-examined. Your head was bandaged—you had had a glass or two of drink, but you were not drunk—I did not caution you—you said at the station that you had no memory of what had happened.
The Prisoner called
PATRICK DOHERTY . The prisoner is my step-brother—I have seen Rawlings with Mrs. Carroll at the Standard Theatre, and she told me herself that she and her sister went to the theatre with Samuel Rawlings.
The Prisoner, in his defence, repeated his charges against his wife, and stated that Rawlings told him that he had been to the theatre with his wife, but that nothing wrung had happened; that he told his wife this, and she said that Rawlings was as good as he was; that after this Rawlings knocked him down and injured him, and he had to go to the German Hospital; that he really did not know what he had done, and did not remember seeing his wife that night, and had no intention of doing it.
GUILTY .— Six Months' Hard Labour.
OLD COURT.—Tuesday, May 1st; and
NEW COURT.—Wednesday May 2nd, 1900.
Before Mr. Recorder.
293. JOSEPH HEWITT (31) PLEADED GUILTY to breaking and entering the Church of All Saints, Isleworth, and stealing a jug, a glass and a bottle; having been convicted at Wells on April 8th, 1896. Three other convictions were proved against him.—Eighteen Months' Hard Labour. And
(294) JOHN WILLIS,(26) to stealing a bag and £5 from the person of Thomas Keeble, having been convicted on November 7th, 1897. [Pleaded Guilty: See original trial image.] Five other convictions were proved against him.— Eighteen Months' Hard Labour.
295. HENRY MORRIS, THOMAS PIERPONT ARMSTRONG, JOHN HETHERINGTON FERNLEY , and CHARLES BENNETT , Unlawfully obtaining from William Longman a cheque for £50 by false pretences, with intent to defraud; Second Count, obtaining a cheque for £50 on another date; other Counts,. for conspiracy.
MR. AVORY and MR. MUIR Prosecuted; MR. GEOGHEGAN appeared for Morris, MR. WARD for Armstrong, and MR. MATHEWS for Fernley,
THOMAS BORRAS . I am a mortgage broker and surveyor, of Leyton Grove, Brecknall Road—in January, 1899, 1 made Armstrong's acquaintance, and he gave me particulars of some property which was for sale at Edgware—he afterwards showed me the plans—I have ascertained that the property belongs to Mr. Richard Berridge—it is called the Little Stanmore Estate—there are about 330 acres, and the price asked in January, 1899, was£200 an acre—I told Armstrong that if everything was in order I might be able to do something with it, as the price seemed extraordinarily low for land in that position, so near to London—he said it belonged to a client of his, a very wealthy gentleman, the owner of a large quantity of property in different parts of the country; that he was in a very precarious state of health, and he wanted to turn his property into money—5 per cent, commission was promised me—I said it was a very large commission to pay—the usual commission would be from 1 to 1 1/2 per cent.—he said, "Well, if you place it quickly, we are prepared to pay you that sum, as Mr. Morris, the owner, wants to get rid of it"—a few days afterwards I saw Morris at Armstrong's office, when Armstrong gave me this commission note, agreeing to pay me 5 per cent.—he then went into his other office and had some further conversation with Mr. Morris, and came back and said, "I am prepared to give you that; as you have had a lot of trouble, I am prepared to give you another I per cent., but you will have to give me half of it back"—so I waspromised 6 per cent. on something like £60,000—the plan I had given me was marked Lot 1 and Lot 2, and so on—that was taken from me, and Morris gave me another—this is it (Produced)—on it I see that the frontage to the Edgware Road is broken, so far as the estate is concerned, by Edgware House and the White Lion public-house—I said what a pity it was that the frontage was broken—Morris said that he had a very good offer for the White Lion, and that he had sold it, but it was very foolish of him, and that Edgware House might be bought back again by the intended purchaser—be did not say that he had sold it, but that he had no control over it—I asked him if he was the owner of the land—he said yes, and he had been for many years—he
said he had a good Parliamentary title to the whole estate, with the exception of five or six acres, and as to that he had a time title—Morris and Armstrong said that if I could get £150 an acre for the land they would take it, but an alteration in the commission would have to be made—I introduced the matter to Mr. Price, a solicitor, and made an arrangement with Armstrong to go to Mr. Price's office, at 20, Great Winchester Street—I went there with Morris and Armstrong, and introduced them to Mr. Price—I said to Mr. Price, speaking of Morris, "This is the owner of the Edgware Estate, Mr. Price; perhaps you will go into the matter with him"—Mr. Price put several questions to Morris about the property—Morris said that he had a Parliamentary title—he produced plans, and said he was prepared to accept £150 an acre, that he had been the owner for 13 or 14 years, and that he had collected the rents, which amounted to about £827—Mr. Price asked if that covered the interest—he said, "No"—he said he had given Mr. Berridge a mortgage for £30,000 on the property, and if the rent did not cover the interest he would put a little out of his own property—Mr. Price asked him how he became possessed of the property—he said, "Well, the fact is, I did not buy it for myself; I had to buy it for a syndicate, and I was to arrange the price; it was on a Saturday afternoon, after bank hours, and I was to give a cheque for a deposit for something like £1,500, and I was to call on the gentlemen who I was buying for on the Monday morning, when they would give me the money to meet the cheque, and when I went on Monday morning the gentlemen repudiated the bargain altogether; I then went to the agents, and told them I had been deceived, that I could not complete the purchase, as I had not as many pence in the bank; they said they would hold me to it, and that they could not alter it"—then he said that he went to Wimbledon to see Mr. Berridge, who said that he would hold his cheque for six months for £1,500 if Morris would meet it at the end of the six months—nothing was decided, but Morris offered to sell it for £140 an acre—from what I heard from other people I went to Messrs. Tweedie & Tweedie, solicitors, of Lincoln's Inn Fields, where I made inquiries—after that I heard from Mr. Price the result of another interview he had had with Morris and Armstrong—then I saw Armstrong at his office—he said he did not think Mr. Price was a buyer—I replied that I was certain that Mr. Price was not a buyer, as I had found out the true character of Mr. Morris, and Mr. Price would have nothing to do with it—then I said, "I am surprised at you giving me all this trouble, as you must surely have known the character of this man"—(MR. GEOGHEGAN objected to evidence as to Morris's character being given, as Morris did not set up his character himself, but it was what Armstrong had said. The RECORDER said that nothing said by Armstrong about Morris would be evidence against him, and that he had no power to exclude it.)—I said, "He has been convicted; he is a swindler, and has cashed forged cheques"—"I will have no more to do with it"—he said, "I don't believe it"—I told Armstrong I had been to Tweedie, and saw Mr. Pound, their managing clerk, who knew nothing whatever of Morris, and had never heard of him, that the Stanmore Estate belonged to a client of their's, Mr. Berridge, and that they had collected the rents for the last 13 or 14 years for Mr. Berridge—Armstrong said he did not believe it,
and added, "Let the thing go"—I said, "Who is going to pay me for my trouble? I ought to have at least £50"—he said, "Oh, you are going to start to blackmail us, are you?"—I said, "No, but I ought to have something; I have spent seven or eight weeks over this, and I think I ought to be paid for my trouble"—all I got was half-a-crown—after that I saw Morris at Armstrong's office, and I said to him practically what I had said to Armstrong—I told him what I had found out about him—I received this letter from Fernley—before I received. it I told Mr. Pye, a surveyor, and Armstrong what I had found out about Morris—(Read: "I am astounded to hear from my client, Mr. Henry Morris, that you have been, for reasons best known to yourself, making slanderous statements about him. You have, so he tells me, been stating that he has been prosecuted twice for selling two estates which were not his to sell, and I am instructed to inform you that unless a full withdrawl and apology in writing is received by me by return, proceedings will be taken against you for slander")—on March 16th I went and saw Fernley at his office, 85, Coleman Street—I showed him the letter, and said, "I have come to answer this in person"—he said, "Well, what have you got to say? I think it is rather dangerous for you to come to a solicitor"—I said, "I don't mind that; I have come in answer to this in person," and I repeated exactly what I had said before—I told him that Morris had been convicted, and the rest—he said, "It is rather dangerous for you to make such a statement as that"—I said, "I am quite prepared to abide by it"—then he said, "I have not known Mr. Morris a very long time; I am very much obliged to you for coming to tell me this; it will make me cautious in the future"—that he had done some work for Morris, for about £50, and he thought he had very little chance of getting it—I mentioned the Edgware Estate, and said that, after a lot of trouble, I got a gentleman to make the purchase of it, but I had found out that Morris had no title to it; that I had been to Tweedie and seen their manager, and he repudiated Morris in every shape or form—Tweedie's were the solicitors for the owner of the estate, and had collected the rents for 13 or 14 years, and nobody else had done so, and that they had sold the White Lion public-house.
Cross-examined by MR. GEOGHEGAN. I have no office—it was represented all along that Morris was the owner of the estate—he did not tell me that he was in debt to the owner, who was a wealthy person—I have no recollection of saying, "Armstrong said Morris was in direct touch with the owner, a very wealthy gentleman"—my depositions were read over to me, and I signed them—I have never given evidence in a criminal case before—I have three or four times in civil actions—I have constantly seen Morris about the City since January, 1899—the last time I spoke to him was in Armstrong's office in April, 1899—I only knew that Mr. Berridge was the owner by being told so by Tweedie's—neither Morris nor Armstrong mentioned the name to me.
Cross-examined by MR. WARD. I have known Armstrong since January, 1899—I did not know what he was—I was introduced to him by a friend of his—he asked me if I could sell an estate he had got—I did not object to take the commission he offered—I was rather pushed for money then—I was in the Bankruptcy Court 28 years ago, and also
eight years ago—have not got my discharge yet—I did not ask Armstrong for money till a month after I met him; then I said that his client being such a wealthy man, he might give me some on account—he said he would give me some, but he must not ask his client for it—Armstrong never represented himself as anything except that he held Morris's power of attorney—he wished me to act for him in regard to the sale of another of his properties at Camberwell, and one at Burnley—he said that his client was suffering from something of which he might die very suddenly.
Cross-examined by MR. MATHEWS. My only interview with Fernley was on March 16th, 1899—I made no note of the conversation—I think Fernley was surprised at the statement I made about Morris—I never heard of Fernley till January.
Cross-examined by Bennett. I had never seen you until I saw you at Guildhall—your name was not mentioned to me.
HENRY HERBERT PRICE . I am a solicitor, of 22, Great Winchester Street—on February 24th, last year, Mr. Borras brought Morris to my office—I had already received particulars of an estate which was supposed to be for sale—Morris was introduced to me as the owner—I asked him how he became possessed of it—he said 30 or 13 years ago, I do not remember which—he had entered into a contract to buy the land as an agent for some other persons; that they declined to carry out the contract, and he then went and saw the owner of the estate, Mr. Berridge, who had said that he would let him have the balance of the purchase-money on a mortgage, and give him time to meet the cheque—Morris said he had given his own cheque for the deposit; I do not remember for how much—I asked him who collected the rents—he said he had always collected them, and that they did not come up quite to the interest on the mortgage—I asked him if he could show me a receipt for the last interest on the mortgage—he said his solicitor had the receipts—he did not say who his solicitor was—he said he was in Chancery Lane—he said he had sold the inn which fronted the Edgware Road to please Mr. Berridge—I made no offer at that time—after he had gone I made inquiries—Borras had mentioned the matter to me before he came with Morris—on March 7th Morris and Armstrong came together, and asked me if I was in a position to make an offer—I said I was not satisfied about the title—I said to Morris, "I am told that you don't collect the rents"—I think Armstrong replied, "Oh, the title is all right"—he said it was not usual, until the contract was signed, to go into the questions of title—I asked them if they knew a man named Letts—they both of them said they did not know the name at all—I said to Morris, "I believe it is not many years ago since you were prosecuted with Letts"—Armstrong said to Morris, "Why, that is the villain who nearly ruined you"—Morris then explained that they had been prosecuted with a man named Morten for getting money on cheques, and that Letts had given him the cheques to cash, that he had been imprisoned, but that Letts had absconded—Armstrong then said, "Letts has nothing whatever to do with the title of this land"—I said, "The story of Letts has a great deal to do with Morris being the owner of the land"—Armstrong then said, "Oh, come on, it is no good stopping here; he has not got a purchaser,"and they went away.
Cross-examined by MR. GEOGHEGAN. I cannot say if Morris told me that the conviction took place in 1886.
Cross-examined by MR. WARD. I understood that Armstrong was the agent for Morris.
Cross-examined by Bennett. I do not know you at all.
FRANK HERON STEVENS . I am a solicitor, of 7, King Street, Cheapside—I know Bennett—on August 25th, 1899, he called on me and produced this memorandum of agreement (Produced,) which purports to be the counterpart of a contract for the sale of an estate at Edgware—it is signed by Morris, and has got at the end of it a receipt for a deposit on the purchase money, "Received by cheque the sum of £5,827 10s. as deposit and part payment of the within named property from Charles Bennett, Esq., the purchaser"—when Bennett produced that contract he said that he had bought the property and had sold it again; that his purchasers had paid the deposit referred to in the receipt and asked me to act for him and look after his interest—I said that I would—I knew him before—he never told me the name of his purchasers—at the fag end of the chapter he said that the solicitor acting for the purchasers was a Mr. Galbraith—I asked him if he had a written contract with his purchasers—he said he had not one—I drafted one for him and sent it to him to get it signed by his purchasers—as far as I know, it was never executed—I do not think I ever saw it again—at a later date he brought this plan, which was seen by my clerk, but I did not examine it—in the early part of October I drafted this endorsed contract for signature by his purchasers—I never heard of any mention of an option of purchase—on November 2nd Mr. Minton Slater called upon me as solicitor acting for Longman—I did not know him before—he asked me for information about this alleged purchase of the Edgware Estate, and I gave him such information as I had—I knew Morris; he had been introduced to me by Bennett about October 25th—I saw Morris after I had seen Mr. Slater—I told Morris that I had had a call from Mr. Slater, the solicitor acting for a Mr. Longman, and asked who Longman was—Morris said, "I owe money to Longman," and that he had asked Longman, to wait for his money till this matter was through—Bennett handed me this letter as coming from Morris—(This was dated July 31st, and stated that Morris was quite prepared to return to Bennett any sum over and above the £150 per acre, and would convey to him or his nominee at any price he might require.)
Cross-examined by MR. GEOGHEGAN. Morris must have known that I was acting as Bennett's solicitor—I have no doubt that I told Morris that Bennett's purchasers would take over the interest under the contract—I wrote this letter, dated October 28th, by Morris's directions—(This stated that the writer would attend on Bennett's behalf, when the purchasers would take over his interest in the contract, and that they would pay the deposit of £5,827 10s., which would be handed to Morris on redemption of Bennett's cheque).
By the COURT. I have known Bennett about two years as a surveyor.
Re-examined. I did not question that Morris had this estate to sell—I never saw the cheque for £5,000 referred to in the letter—Bennett did
not tell me that the cheque had been presented and dishonoured; I did not know of it until the Police-court proceedings.
WILLIAM LONGMAN . I am an outside stockbroker, at 16A, Tokenhouse Yard—I knew Armstrong before January, 1899—on September 1st he brought Morris to me; he said that Morris had entered into a contract to sell some land, and was desirous of borrowing money, pending completion—I asked Morris for particulars—he produced a contract of sale entered into with Bennett, and this cheque for £5,827 10., on the London and South-Western Bank, Hammersmith Branch, dated September 14th, 1899, and signed "Bennett & Son"—I asked him how it was that it was post-dated—he said that Bennett would have the money on that date—I read through the contract—I asked Morris if he was the owner of the property—he said he was—I said I should like that confirmed by his solicitor—he siid his solicitor was Mr. Fernley, and Armstrong volunteered to fetch him, and went out; Morris remained—about five minutes after Armstrong returned with Feruley, and I asked him if he identified Morris as the party to the agreement—he said that he did—I then asked him if Morris had a good title to the property, as I was advancing money—he said, "He has"—he then went away—I agreed to advance,£100, £50 on that day and £50 next day—I then handed Morris a cheque, for £50—Morris was a stranger to me—I had known Armstrong before—Morris gave me a promissory note for£125, and also signed a letter of charge on the estate for the total sum of £300 as security—Armstrong said that Morris would pay £25 for the loan, and as he was getting a lot of money out of the sale, Morris could offer a bonus, and the amount was suggested by them—next day Morris came again, and brought this letter, signed "Charles Bennett"—(Stating that the purchase of the Edgware Estate from Morris was bona fide, and would be carried out to the very letter, and that all the arrangements with the gentlemen behind him would be completed by the date on which his cheque would be payable.)—on seeing that I handed Morris a further £50—I believed that he was the owner, and was entering into negotiations for the sale with Bennett—a few days after that Armstrong came again—he wanted to know if I would advance a further £400, making £500 in all, on the contract, pending completion—I said that before advancing further moneys I must ask my solicitor to go thoroughly into the title—I do not know if I mentioned Mr. Minton Slater as being my solicitor, but he is, and I mentioned it afterwards—after that conversation I received this letter from Morris—(Stating that he was surprised when he heard the name of the solicitor, and did not want him to go to people where he had to go for thousands of pounds, and that he would repay any money rather than have anything to do with him.)—I think I had mentioned to my solicitor that I had had transactions with a Morris, and he said, "Oh, I know a Morris; he was a bankrupt"—Armstrong had said nothing about it, he must have told Morris—a few days after that I got this document from Fernley—(Stating that Morris instructed him to say that he wished the question of a further advance to be dropped, as he did not wish the mortgagees to know of any negotiations for the sale of the property, as if it did not go, they might call their money in.)—I did not advance any more money—the promissory note for £125 fell due on October 4th, and was not paid—I gave notice to Morris, and got
this letter in reply from him—(This stated that although Bennett had failed him so far, he had sent into the country for the money, and he might have it by any post, when it would be at once sent on.)—at that time I had the cheque for £5,827, which had been left with me—I paid it into the bank, and it was returned marked, as it is now, "Account closed in 1893"—I think that was early in November—the cheque was dated on September 14th—I was only holding it as a collateral security—I commenced an action against Morris and Bennett on December 15th, on the cheque—when I got information about Morris being a bankrupt I laid information against him at the Police-court for obtaining credit from me under the Bankruptcy Act—a summons was granted—the case was heard, and remanded—on January 31st, while the case was under remand, I had a visit from Armstrong—he said he had been commissioned to settle the action in the Queen's Bench, and asked on what terms I would do so—I told him I should, require the £100, and be glad to get it—he subsequently brought the £100 in gold—at the adjourned hearing of the criminal charge I did not appear, but I instructed my Counsel to mention the whole matter to the Alderman—I was called away to Spain—I wanted to withdraw from the action if the Alderman would agree—I would be guided by him.
Cross-examined by MR. GEOGHEGAN. I did not read the papers when I came back from Spain—I never heard that he told the Alderman that I had been squared, or that I had received the £100 on condition that I withdrew—I know that my Counsel told the Alderman that, although I withdrew, I should be only too glad to render the Treasury any help in my power—this is not the first time I have lent money—I am always lending money on stocks and shares—I have never done so on a bill of sal✗, or on any security, except on stocks and shares—as far as I knew, Armstrong was a respectable man—I got the promissory note for £125—I should have been contented with £110—they persuaded me to take £125, then I got a charge upon the estate—I did not want that—then I got the post-dated cheque—the total that I advanced was £100, which I got back—I did not get the £25—I never lent Bennett any money—I swore in my affidavit that Bennett and Morris were indebted to me for £5,827, but that is the proper form—my solicitor advised me not to prosecute on the promissory note—I first consulted him about three days after I lent the money—I did not show him the contract—I did not tell him about the Edgware Estate, or about the Little Stanmore Estate—I found out that I had been swindled on December 8th—I first took criminal proceedings in January, and after December 8th I probably wrote, threatening proceedings unless the money was paid—if at that time they had paid the money, I do not think I should have prosecuted—I was told I should have to attend the Police-court—I did not attend, because I was called away to Barcelona.
Cross-examined by MR. WARD. I knew Armstrong about eight months prior to November 1st—I had been doing business with him—he told me he was the agent of a Mr. Morris; that his client wanted an advance, but I should have to make my own inquiries—I did not make inquiries then, with the exception of asking Fernley if Morris had a good ✗title—Armstrong went to fetch Fernley without the slightest hesitation—I thought
it was all a genuine concern—Armstrong was not present when I paid the second £50.
Cross-examined by MR. MATHEWS. The interview on September 1st only lasted about a minute—I made no note of the conversation—I swear that Fernley did not make any statement as to the abstract title—the criminal charge was made against Morris alone.
Cross-examined by Bennett. November 13th was the first time I had communication with you—on November 17th you called on me, and I served you with a writ.
Re-examined. Bennett and Morris signed these two documents—(Read: "Sir,—In the event of your arranging a settlement of the case in the High Court, Queen's Bench, namely, Longman against Morris (or Bennett,) I agree to pay my own costs in the matter, and to make no claim against the Plaintiff in respect thereof")—it was after I saw the notice of charge that I found out who was the real owner.
JOHN HAMMOND GALBRAITH . I am one of the firm of Light and Galbraith, solicitors, 32, Victoria Street, S.W.—I made Bennett's acquaintance in August last, and on August 12th I received this letter from him—(This stated that he enclosed tracing and statement of the Edqware Estate, that the statement was based on the maximum of requisite outlay and minimum of profit, and was well worthy of the attention of those who had money to invest.)—I got this letter on November 2nd from him—(Stating that he had prepared plans and estimates showing a profit on the manipulation of over £170,000, and asking for an interview.)—on November 6th I saw Bennett, and he handed me a further plan showing the laying out of the property as a building estate—he asked me to help him to get a syndicate to purchase the estate—I said if I could arrange to form a syndicate I would do so—I got this letter from him, dated December 13th—(Stating that as his term of option was running short he should be glad to know how the witness was progressing in regard to the Edgware Estate, that £30,000 could remain on mortgage at 4 per cent., so that only £28,000 was required, which could be paid in three instalments.)—after that he called on me, and I told him I thought I could find two clients to purchase the estate—I got this letter from him on December 22nd (Stating that Morris and Bennett would call on Thursday next at his office.)—on December 28th Bennett called and introduced Morris as the owner of the Edgware Estate—I asked Morris one or two questions about the title—he told me it was under the Transfer Act, that the greater portion of it was a reduced title, and was mortgaged for £30,000 to a Mr. Berridge—he did not say what was the nature of his title; I never got as far as that—he said it was freehold—I got a plan from Bennett, showing the land as it was then, and on January 2nd I got this contract (Produced)—I observed that there was on it a receipt for the deposit on account of the purchase money, and when Bennett gave me the contract he told me that he had given a cheque for it—I cannot say whether it was Bennett or Morris who told me—neither of them told me that it had not been met, and was the subject of altercation—they told me the cheque had not been presented, because, as I understood it, Bennett was not in a position to meet it, but he had given it to Morris, who had not presented it—on January 9th I had an interview with Morris and Bennett, and I
was handed this letter—(Stating that Morris would agree to the extension of time to complete the purchase of the estate on condition that the deposit is paid, and a time fixed for the completion.)—the contract which I had already in my possession fixed an earlier date for the completion of the contract—on January 12th, 1900, I got this letter from Morris—(Asking what he would do in reference to the estate, and what prospect there was of a sale.)—Morris had referred me to Fernley as acting for him in the purchase of the property—on January 18th, 1900, I wrote this letter to Mr. Donnisthorpe—(Stating that the firm were negotiating for the sale of the property, but that nothing definite had been settled.)—I believed Morris was the owner then, but I had begun to be doubtful.
Cross-examined by Bennett. You asked me to act as your solicitor—you have never asked me for one penny, and I have no doubt that you believed Morris was the owner of the Edgware Estate.
JOHN HENRY STONE . I am manager of the Hammersmith Branch of the London and South-Western Bank—Bennett & Son had an account there from August, 1892, to December, 1893—I do not know anything about them—only one person signed—the last date that the account was acted on was March 3rd, 1893—it was formally closed in December, 1893, when there was a debit balance of 2s. 3d.—I remember this cheque for £5,827 10s. being presented and returned in December, 1899—it is signed in the writing of our customer, who was called Bennett & Son—the signature in the contract appears to be in the same writing as the signature on the cheque—in October, 1893, a cheque was dishonoured, and after the account was closed two cheques were presented, besides the big one; one in January, 1896, for £5, and one in March, 1896, for £3—they must have been returned marked as the large one was.
Cross-examined by Bennett. Mr. Manning was the manager after the account was opened—both the cheques which were presented were drawn in favour of Parker.
THOMAS JOHN COOK . I am one of the firm of Lumley's, auctioneers St. James's House, St. James's Street—about 1869 my firm bought the Little Stanmore Estate for the late Mr. Berridge, and we offered it for sale by auction, on behalf of Mr. Berridge, in August, 1880, as a whole—Mr. Berridge having died in the mean time, we, by order of the trustees, put it up for auction, I think, in 1889—this is the plan which was prepared for the purpose of the sale—it did not sell—in April, 1898, we received this letter, signed "J. Macdonald"—(Asking if they had on their books about 160 or 200 acres of land, and if the Little Stanmore and Edgware Estate was still open.)—I should say it is in the same writing as Morris'—we got another letter, dated April 29th—(Saying that the writer was unable to call, as he was going away, but that he and his wife were anxious to purchase the estate if the price was the same as it was when put up in 1891 by Messrs. Houston & Haynes.)—that is in the same writing—on May 4th we received this letter from Morris: "I authorise you to offer on my behalf the sum of £34,000 for this estate of about—acres, and engage to pay a deposit of 10 per cent. on such offer being accepted"—in answer to that we sent this letter—(Asking Morris to call on him, as he had heard from Mr. Berridge's
agents, and that there was a chance of doing business, but he must come with proof of his ability to pay the deposit and to carry out the purchase.)—we did not receive the £3,000—in March, 1899, there was correspondence between Morris and ourselves about the money, and we then got this letter from H. Morris—(Saying that he had had an accident in November, but was now prepared to go on with the purchase and would place any reasonable sum in their hands as deposit, and would give them £2,000 for their services instead of £1,000.)—we wrote this letter in reply on July 18th—(This stated that they would continue the sale, but that Morris must place at their bank an amount sufficient to cover the deposit of 10 per cent, as they could not approach the parties unless they could convince them of their bona fides.)—we never got the deposit—in reply to the letter of July 19th, we wrote saying that he had better call and see Mr. Cook—I do not think he did call, there is no note of it in the call-book—I cannot say what became of the estate; we had nothing to do with it after that.
Cross-examined by MR. GEOGHEGAN. I have been 32 years with Messrs. Lumleys—I do not know if the estate is still in the market—I am positive that£250 was not paid to us in 1883 for the knowledge of an option of the estate; if such a sum passed through our hands I think I should be aware of it.
Re-examined. My attention has not been called to such a sum being paid.
WILLIAM POUND . I am managing clerk to Messrs. Tweedie, solicitors, of 5, Lincoln's Inn—our firm acted for Mr. Richard Berridge, who came into the Edgware and Little Stanmore Estate under the will of his father, who died in September, 1887—the son did not come of age till April, 1891—he is now the owner of the whole estate, with the exception of a small part, Edgware House, which was sold by us soon after he came into possession—it was an old ruin, and was sold really for the site—I have looked at the description of the land in the contract No. 1 between Bennett and Morris, and it evidently refers to this same estate—the conditions in the contract about the title appear to be taken from our condition of sale dated in 1889, when the property was last put up in lots—I have all the deeds relating to the estate—I personally have had the conduct of this business—I have never heard of any option being acquired by any person named Morris on this estate, or of any sum of £250 being given for an option—we have had no notice of it—I should expect to find some notice of it among the papers—we should expect a notice from the owner—I have not heard of any mortgage on the estate for £30,000—it is mortgaged by the present owner, but not for £30,000—it is absurd to suggest that Mr. Berridge is the mortgagee—he is the absolute owner—several persons called to know if the estate would come into the market when Mr. Berridge died—I do not know if Morris called; if so, not in that name, because it would be in my diary.
GEORGE GARD PYE . I am an architect, of Ironmonger Lane, City—I have known Morris for some years—on June 18th, 1898, he brought a lithographed sale plan, such as would be attached to an auctioneer's catalogue—he asked me to make a tracing of it—this (Produced) is one of the tracings I made for him—I made two of them—I charged him
two guineas each—I did some more for him at another date—I have not been paid—in the lithographed plan the lots are marked, but Morris asked me to leave them out.
Cross-examined by MR. GEOGHEGAN. In 1881 I was at 3, Bank Buildings, Colchester—I knew Morris then, and did some work for him—I knew about the Little Stanmore Estate then—it was put into my hands by a Mr. Cross to sell—Morris introduced himself to me as a land agent.
WILLIAM GEORGE BEATLESTONE . I am a messenger at the London Bankruptcy Court, and produce the file of proceedings in the bankruptcy of Samuel Morris, of 23, Lonsdale Square, Islington, described as a dealer in land and house property—the petition is dated April 21st, 1891, upon which he was adjudicated bankrupt, and he is still undischarged from bankruptcy—he was adjudicated on September 16th, 1891—his gross liabilities were £2,227 10s. 2d.—his assets were estimated at £224 10s.—I also produce the file of Herbert Morris, of the same address, described as a licensed victualler, which is dated March 8th, 1895—he was adjudicated bankrupt in February, 1896, and is still undischarged—the liabilities were £503 10s., assets nil—I cannot find that he had any valuable option on a property at Edgware.
MINTON SLATER . I am a solicitor, of Bond Court, Walbrook—I know Morris, and knew him in 1891 under the name of Samuel H. Morris—I attended a meeting of creditors in his bankruptcy in 1891—he was the debtor—I had correspondence with him from 1887 to 1891—in his 1895 bankruptcy I was a creditor—I know his writing—the signature in the 1895 bankruptcy appears to be his.
Cross-examined by MR. GEOGHEGAN. I have been solicitor to Mr. Longman five years—he was a tenant of mine, occupying a room in the same building as I do—I was consulted by him three or four days after he lent the money—he asked me to inquire into the title of an estate at Edgware—that was about September—he told me he had taken a note for£125—he told me who the giver of the note was—I told him I knew an S. Morris—I think I told him that before the note matured—I made inquiries as to the owner of the Little Stanmore Estate—I went to the Middlesex Regis✗ory—I did not find the name of Morris—Mr. Longman asked me to take proceedings on the cheque, not on the promissory note—he showed me the cheque, and told me what he gave for it—I commenced an action in the High Court, and sued Bennett and Morris for £5,800—I believe a defence was put in for Bennett, but nothing was done—I instructed Counsel to appear for Mr. Longman at the Guildhall—there were four hearings, I think—between the second and third hearings I got a letter from Mr. Longman, saying that he was going to Spain—I did not know then that he had received £100—it was not taken to settle criminal proceedings—the defendants had no solicitor at the Police-court, and the Alderman adjourned the case for a week—I have had civil actions settled by payments of money, but not criminal cases—I do not know if a receipt was given—I acted in the Queen's Bench—the payment was not done through me—I have known a civil action being settled without a receipt being given—I have never had a criminal action settled.
Cross-examined by MR. MATHEWS. Fernley told me on September 6th that he could give me no details with regard to the property, as he had no abstract of title, and that whatever information he had in the matter he had derived from Morris—he knew I was Mr. Longman's solicitor.
Re-examined. I knew that there had been some request in regard to the £100, and it was in consequence of that that I called on Fernley—I think I told him that Morris was an undischarged bankrupt—I asked him if he had an abstract title.
Cross-examined by MR. GEOGHEGAN. Since Morris's bankruptcy he has been to me two or three times about it, in order to see if it could be annulled—I think he had an interest in a public-house at that time.
FREDERICK HOLMES (Inspector). On February 27th I saw Morris, and told him I had a warrant for his arrest—I sent him to the station, and later on I went to the station, where I found Fernley as well as Morris—I read the warrant charging them with conspiring to defraud Mr. Borras, Mr. Longman, and Mr. Price—Fernley said, "I only know the name of Longman"—Morris said, "It is all false"—on February 28th I arrested Armstrong at his office—at the station he said, "I wish it to be placed on record; it is an unfounded charge."
Cross-examined by MR. WARD. I was told that Armstrong had sent a statement to the Treasury—so far as I know, he is a respectable man.
Cross-examined by Bennett. I served you with a subpoena to attend as a witness.
By the COURT. Bennett ceased to be a witness when I received this warrant.
Re-examined. I knew nothing about this case till the Treasury took it up.
T. J. COOK (Re-examined). I now find that on October 9th, 1883, I received a cheque from Mr. King on deposit of £200—I do not know whether it was Joseph S. King, of Finsbury Pavement—I have it in the ledger here: "October 9th, 1883. By amount on deposit on the sale, £200"—that £200 was paid by Mr. King as deposit on the fr✗ehold estate at Edgware, Little Stanmore Farm; and, of course, as the matter was not carried through, that was forfeited—the £200 is entered in the bank books on November 29th, "Paid by us"—that would be the ordinary course—we received a deposit, and, in the natural course of things, we should hand it over.
By MR AVORY. The cheque for £200 was honoured—I paid with my own cheque—it appears in the pass-book.
FREDERICK HOLMES (Re-examined by Bennett). I served this subpoena on you by the direction of the Treasury—you were at the Police-court on the 22nd, but you were not called—your case was not gone into on that day.
By the COURT. Bennett never gave evidence after that date—he may have done so before without my knowing anything about it—I was not in the case.
Fernley at Co eman Street Station, where his office is situated—I said, "I am a City inspector; I want you on a charge of defrauding Mr. Longman and others"—he said, "I don't understand it; all I did was in a strictly legal manner"—on the same evening I saw Bennett, and read the warrants to him—he said, "I never saw any of these people till the day Mr. Longman served me with a writ"—I understood him to refer to Longman, Borras, Price, and others.
Morris, in his defence, on oath, stated that in 1883 he agreed to purchase the Stanmore Estate of Richard Berridge, senior, the freeholder; that Mr. King acted as his solicitor, and an agreement was given to Mr. Berridge, and £200 paid of his own money; that he was acting for a syndicate, but never had a penny from them; that the purchase money was either £32,000 or £35,000, and that there was no mortgage; that the syndicate failed, and that Mr. Berridge said he would never give back the cheque for £200; he would hold it till the day after Judgment Day, and that, therefore, the bargain had never been closed; and that Mr. Berridge, who had since died, told him that he would be able to make money of the estate if he persevered; that he offered the estate to several people, but denied telling Borras that he was entitled to collect the rent; that in July, 1899, Armstrong introduced him to Bennett, who informed him that the estate was still open, and gave him a post-dated cheque for £5,000, upon the faith of which he signed a contract for the sale, and endorsed on it, "Received by cheque"; that Armstrong introduced him to Mr. Longman, but he never told Longman that he was the owner of the estate, or that he collected the rents; that he received £100 from Longman on a promissory note to repay £125 in a month, which he was unable to meet, but that Longman gave him time, as he expected that Bennett would settle every day; and he heard no more till a summons to appear at Guildhall was served on him at Longman's instance; that Fernley had been his solicitor since July, 1899, and in everything he did he acted under Fernley's instructions, and instructed him to write the letter stating that the statements that he had been prosecuted were absolutely untrue, and that he had never been bankrupt, though his brother Herbert had been in 1895.
Armstrong, in his defence, stated, on oath, that he made Morris's acquaintance in September, 1898, who instructed him to sell the Edgware Estate, and promised him £3,000 if he found a purchaser, and handed him a plan of it, stating that he was the vendor; that he signed two commission notes for Borras on behalf of Morris, under an agreement to pay him out of the £3,000; that in March Borras told him that Morris was not the owner of the property, upon which he consulted a surveyor, and then told Morris that he had heard that he was not the owner; and he said that he could procure it if a certain sum was paid; that he spoke to Bennett, who said that he had not the money, but had friends behind him who would enable him to pay; that he believed that Fernley prepared a document which they both signed, and he (Armstrong) witnessed it; that Morris asked him to raise some money for him, and he mentioned the matter to Mr. Longman, who sent him to fetch Mr. Fernley, which he did, and who said that the contract was in proper form, and identified Morris as the person named in the deed, and Fernley then left, after which Mr. Longman advanced £50 to Morris; that he (Armstrong) said, "I will see you repaid when money comes in"; that he
gave Longman £100 and two bills for £25 each, which were not honoured, but were renewed, and that Morris paid him £6 10s. for obtaining the loan, beyond which Morris had paid him nothing, and never told him that he had been bankrupt, though he said that his brother had, or that he had been convicted; that he believed that Morris could deal with the estate, and that, before the Treasury took the case up, he called there and left his written statement.
Fernley, in his defence, on oath, stated that he was admitted as a solicitor in 1891, and in 1898 carried out some small actions for Morris, and by his instructions wrote the letter of March 15th to Mr. Borras, whom he did not know; that Borras called next day, and told him that Morris had been convicted; that he told this to Morris, who denied it; that on July 18th, 1899, Morris placed some correspondence between him and Messrs. Lumley in his hands; that on September 21st Armstrong fetched him to Mr. Longman's office, who was an outside broker, and who asked him to identify Morris as the party mentioned in the contract with Bennett, which he had in his hand; that he said, "That is Mr. Henry Morris"; and that he understood that Morris could deal wtth the property, but that he heard nothing about a loan being about to be made to Morris by Longman, and did not say, "He has a good title," as Mr. Slater, the solicitor, could not give him an abstract of title; that he drafted a letter, by Morris's instructions, but did not send it, leaving it on his desk, and never saw it again till it was exhibited at the Police-court, and did not know how it got to Mr. Longman, and that he had not got anything out of the transaction, not even his costs.
FERNLEY received an excellent character.
NOT GUILTY .
Bennett and Armstrong received good characters.
Bennett, in his defence, stated that Armstrong asked him to act as agent for the estate, which he consented to do without commission if Morris would give him all he could yet beyond a certain price, and that when Mr. Longman threatened proceedings he put the matter in the hands of has solicitor; that the cheque which he gave was postdated, that he might have time to deal with the property; that he never conspired with anybody, and never had a penny out of the transactions.
MORRIS and ARMSTRONG— GUILTY .— Nine Months each in the Second Division. BENNE1T— NOT GUILTY .
NEW COURT.—Tuesday, May 1st, 1900.
Before Mr. Common Serjeant.
296. JOHN DAYMON PLEADED GUILTY** to breaking into the dwelling-house of Edward Wallingford, and stealing two jackets and other articles; also to burglary in the dwelling-house of Benjamin Fenhelstein and stealing an overcoat; and to a conviction of felony at Newington, on October 12th, 1898, in the name of Henry Fletcher.— Five Years' Penal Servitude. And
(297) WILLIAM JAMES MCCARTHY (43) , to forging and uttering an order for the payment of £12 12s., and to a conviction of felony at Clerkenwell on February 22nd, 1892.— [Pleaded Guilty: See original trial image.] Five other convictions were proved against him. Five Years' Penal Servitude.
MR. CLARKE Prosecuted.
GUILTY .— Nine Months' Hard Labour.
MR. FITCH Prosecuted.
ALEXANDER LANGTON (421 X.) On April 3rd I was with Police-constable White—in consequence of information we received we went to Uxbridge Common about 7.45 a.m.—on examining the furze we found a quantity of feathers, which appeared to have been recently plucked from a fowl—we kept watch lying amongst the furze till about 8.30 p.m.—we saw the prisoners coming along the road with two other men, named Leno and Brent, from the direction of Uxbridge—they came opposite to where we were concealed—the prisoners remained in the roadway—Brent and Leno went across the footpath towards a gentleman's house, and shortly afterwards returned with something in a sack—all four met again and walked over amongst the furze to close where we were concealed—Leno turned the contents of the sack out on to the grass—Hunt remarked, "I can do with them, I thought you had 20 of the b——s—Morris said, "I will carry the sack"—they all walked in the direct on of Uxbridge—Brent and Leno separated from the prisoners and walked across the common—we then overtook Morris and Hunt—I stopped Morris and asked him what he had in the sack—he said, "Two fowls; I did not steal them, but those other two men did," referring to the two who had gone across the common—I told him I should take him to the station for unlawful possession—he made no reply to the charge—the fowls were identified at the station the same morning.
Cross-examined by Morris We saw Brent and Leno with the fowls about 12 or 13 yards off—we did not arrest the other two men because you had possession of the property—I never said that we wanted Brent and Leno, and not you and Hunt—Brent was arrested; he pleaded guilty, and was sentenced to a month's imprisonment for being concerned with the others.
Cross-examined by Hunt. You were about 100 yards from Leno and Brent when we overtook you—in answer to Morris's statement, I did not tell you both that I did not want you and Morris, but Leno and Brent, as we knew that you knew nothing about it, but we must take you to the station; you separated, or we were going to apprehend the four.
EL✗I WHITE (392 X). I was with Langton on Uxbridge Common on the morning of April 3rd—we found a quantity of feathers, and hid among the furze—I saw the prisoners and Leno and Brent coming along the road from Uxbridge—the prisoners remained at the swing gate near Swetley's Path—Leno and Brent went towards the covers—in about 10 minutes they returned with something in a sack—them all four walked on to the common—Leno emptied the contents of the sacks—Hunt said, "I can get rid of the b——s; I thought you had 20"—Morris said, I will carry the f—g sack"—they walked away about 20 to 30 yards—Leno and Brent went across the common—we followed the prisoners—
Langton asked Morris what he had in the sack—Morris said, "Two fowls; I did not steal them, but the other two men did"—we took them into custody.
Cross-examined by Hunt. I was concealed about 10 yards off when they went to fetch the sack—you got about 40 yards when we overtook you—I did not say, "It is not you we wanted; but Leno and Brent; we know you know nothing about it, but we shall have to take you to the station"; nor anything of the kind.
ALFRED MARKS . I am a grocer's carman, of 4, George Street, Uxbridge, about half a mile from the common—I identified the fowls the second time this case was before the Magistrate as mine—between 2 p.m. and 3 p.m. on April 2nd I had seen them safe—I missed them at 9 a.m. on April 3rd—I value them at 10s.—they were Wyandottes.
Evidence for Morris.
HARRIET MORRIS . I am the wife of the prisoner Morris—he came home about 4.30 p.m. on the Monday—he went to bed about 7 p.m.—he did not go out again till the Tuesday morning, about 7.15—I never saw him again till after I heard he was taken to the Police-station—he is a hard-working man, and has two children.
Evidence for Hunt
ELIZABETH JOHNSON . I have lived with Hunt as his wife for 11 years—we have been living at 3, Oak End Gardens, Uxbridge—Hunt came home on April 2nd, and was in bed about 6 30 p.m.—he remained till about 6.30 the next morning—he then got up, and had his breakfast—about 7.30 a.m. he went up the street—I followed him into the Ram—Brent and Leno came in, and called Hunt and Morris out—Morris was there—they said he had bought two fowls, and asked the prisoners if they would sell them—they all went in together.
Cross-examined. When I heard the conversation I was against the Ram door—I followed them out—Morris said, "Are you sure you bought them?" and Brent and Leno said "Yes"—I did not hear any more of the conversation; I went to look after my work—Leno and Brent are coster-mongers—Morris's father keeps fowls—I was brought into a mess about stealing ducks, but I had nothing to do with it.
The Prisoners, in their defences, said that they bought the fowls, and did not know that they were stolen.
GUILTY .—They then PLEADED GUILTY to previous convictions, Morris in April, 1898, at Uxbridge, and Hunt at Guildhall in April, 1895. Eleven other convictions were proved against Hunt, and nine against Morris. HUNT— Twelve Months' Hard Labour. MORRIS— Nine Months' Hard Labour.
MR. LEYCESTER Prosecuted.
JANE WILLIAMS . I am housemaid at 9, Kent Gardens, Ealing—on January 29th the prisoner, who was a stranger, called upon me—he said he called from Singer's, and wanted to know if I would buy a sewing machine—he showed me a price book like this (Produced,) showing a sewing machine at £6 7s. 6d., which he said they were selling at £3 7s. 6d.
by saving the expense of advertising—after hesitating, I agreed to buy one—he asked for a deposit—I paid h.m 5s.—he said the more I could pay him the better for myself—he gave me this receipt signed "H. Walker"—he said I should get the machine at the end of the week, and I was to pay my deposits at Ealing Broadway, the local Singer office—I never got the machine—I next saw the prisoner at Brentford on April 24th, when I picked him out from others.
Cross-examined by the Prisoner. You came to the tradesmen's door—you may have said that you represented the advertising agent of Singer's—you seemed anxious to get an order, and said you expected me to recommend the machine amongst friends and acquaintances—it was a hand machine—the day was cold and the wind keen.
ANNIE HOLTON . I am a domestic servant, living at Montpelier Road, Ealing—on Januery 30th the prisoner called and asked me to buy a sewing machine they were offering at £3 7s. 6d., the usual price being £6 7s. 6d., but that they were saving the expense of advertising—I hesitated, saying I was not in want of one, but as they were selling them so cheap I would go in for one—he asked me for a deposit—he said I could give him what I liked—I gave him 10s.—he gave me this receipt, signed "H. Barker"—he said my machine would be up on Friday or Saturday—I waited till Monday—I was to pay the instalments at the Ealing Broadway office—I made inquiries there, and got a warrant.
Cross-examined. I picked you out at Brentford—you came to the side door—you did not press for any settled amount—you were anxious to get an order and recommend the machine.
LILLIE MOLTON . I am a domestic servant at 5, Grange Park, Ealing—on February 1st the prisoner called and asked me to buy a £6 7s.6d. sewing machine which was being sold for £3 7s. 6d., to save advertising—he showed me a Singer's price list with a picture of a machine in it—I agreed to buy one—he asked me to pay as much as I could deposit, as it would be better for me and better for him—I paid him 7s. 6d.—he gave me this receipt, signed "H. Barker"—I next saw him at Brentford, and picked him out from several others.
Cross-examined. You called at the side door—you said you represented the advertising agent of the Singer Sewing Machine Company—I wanted to pay 1s., and you said it would be better if I paid 7s 6d.—you said I could have it with a treadle, but I wanted a hand machine—I think you showed me a paper, not a book.
ISABELLA COOPER . I am a domestic servant at 49, Mount Avenue, Ealing—on February 2nd the prisoner called and showed me a Singer's price list like this produced—he wanted me to buy a machine for £3 7s. 6d., saying the usual price was £6 7s. 6d.—he asked me to pay as much as I could deposit, and said, "It will be better for yourself and better for me"—I gave him 10s.—he gave me this receipt in the name of Barker—I next saw him at Brentford, where I picked him out last Tuesday.
Cross-examined. I pointed to someone else—I picked you out the second time, after the officer had said, "Have another try"—you said you represented the advertising agent for Singer's, that you had a small commission
on the amount you received, and that you paid a sum on default—it was a hand machine.
WALTER CHAPMAN . I am the superintendent of the Singer Manufacturing Company's Ealing branch, 19, Broadway, Ealing—the places referred to by the four previous witnesses would be within that district—I saw the prisoner at Brentford—I do not know him—he was not employed at our branch—he had no authority to act or sell machine for us—we employ no advertising agent—we supply our travellers with proper forms of receipt, with counterfoils, and on which the name, "The Singer Manufacturing Company," appears—the coupons are for 1s. 6d., 2s., 10s., and £1, and the final receipt closes the account when the last amount is paid—the prisoner's receipts have nothing to do with us.
Cross-examined. I know of no Mr. Barker employed by us—I saw you in February, on a Monday morning, first at the Red Lion and then at South Ealing Station—I was watching for you—you came to our van, and then disappeared—you rushed out of South Ealing Station.
EMILY GOODYEAR . I live at 34, Western Road, Ealing—the prisoner came to lodge at my house on Saturday, January 27th—he went away the following Tuesday week, February 6th—he did not tell me he was going—on the Monday after he came he asked me to get a Singer's price list, as he wanted to make his mother a present of a machine—I got him a sheet price list, and gave it to him on the Monday.
Cross-examined. You asked me if I was going in the town, and I said, "Yes"—the following Sunday you said you had an appointment at the East India Docks, and you would go by the early workmen's train—you went before I was up—you came back on the Monday afternoon—you said you were delayed by a blockage on the line—you left my house between 6 and 7 on the Tuesday night.
Re-examined. I was not in when he left—he asked my daughter for his clothes—he owes me 12s. 4d.
ALICE JEFFREYS . I live at Caston Grove Park, Wanstead—on February 13th the prisoner called and said he was travelling for Singer's Sewing Machine Company, and asked me if I would have a machine—he showed me a book list—the price was to be £3 7s. 6d., the ordinary price being £6 7s. 6d.—he said that instead of advertising in books and stations, they were selling at a reduced rate; that it was usual to pay a deposit, and the more I paid the more he would get—I agreed to have a machine—I was going to send it to my mother's house—I gave him 30s.—he gave me this receipt, signed "Barker"—he called again on the 17th—I then gave him another £1—he gave me another receipt—he offered to pay another 10s.—on the back of the second receipt he wrote his name and address, "H. Barker, The Lawn, Highgate Hill, N."—as my machine did not come I made inquiries at Singer's shop at Stratford—I got a warrant out against the prisoner—I identified him at Brentford.
Cross-examined. My fellow servant answered the door, and I did not hear you say that you represented the advertising agent of the Singer Company—you said the more I paid the more commission you would get—you showed me the representation of a hand machine—you said the Singer Company were advertising in that way instead of advertising on stations
and in books, and that they were only putting out a limited number, twelve in each district.
ROBERT STEWART CAMPBELL . I am manager of Singer's branch at Stratford—Jeffreys' address is in my district—I do not know the prisoner—he was not employed by us—he has no right to sell our machines—we do not employ an advertisement agent.
Cross-examined. Mr. Barker has been employed by the company—he is a superintendent in the City—I do not know Mr. Chisholme—the Swan Hotel is opposite our shop.
HENRY DAVIS (Detective, X). I saw the prisoner in custody at Brentford on April 24th—I had a warrant against him in Holton's case—I read it to him—he said, "Very well, I will plead guilty"—I told him he would be put with others for identification—he said, "You have no occasion to do that"—he was identified by all the witnesses.
FRANCIS HALL (Detective, J). I had Miss Jeffreys' warrant, and was present when Davis read at Brentford Miss Holton's warrant, and told him he would be put up for identification—he said, "You have no occasion to do that; I will plead guilty"—he made no reply to the charge.
The Prisoner's Statement before the Magistrate: "I plead guilty to receiving the money. At that time I believed I wasbona fide employed by an agent."
The Prisoner, in his defence, said that he was desirous of going to the South African War, being a ship's steward, and met with a Mr. Barker, who said he was Singer's advertising agent, and employed him to get ord✗ers for Singer's till he could become engaged, and that he paid over all sums to him until he was arrested at St. Alban's, when in great distress through this so-called agent's misrepresentations, by whom he was deceived, and that he was innocent of fraud.
GUILTY .— Twelve Months' Hard Labour, to commence at the expiration of his present term of Three Months' Imprisonment for a similar offence.
MR. MORROW Prosecuted.
SIDNEY JAMES REA . I am assistant to Mr. John Rea, wholesale feather manufacturer, of 9, St. Edmund's Place, Aldersgate—on April 27th I heard a noise at the warehouse about 9.30 a.m.—I went near the entrance, expecting a customer—I found no one there, but heard someone on the stairs—our premises are on the first floor—I went down the stairs, and near the street door I saw the prisoner with this box (Produced)—he had dropped some of the wings out of it, and was putting them in again—I taxed him with taking the box from our warehouse—he said he was sorry, but he was unwell, and wanted to be let off—I detained him—we only sell wholesale—there were 3 1/2 dozen wings in the box, value £1 8s.
Cross-examined by the Prisoner. You said, "I will put these in the box; somebody has dropped them; if you say they are yours, they are not mine, I will return them; shall I come up in the office? just as you like"—my father came in just afterwards—you wanted me to let you go, but my father said, "Fetch a policeman"—a policeman came—you have been
up there before, and asked if we had any packing boxes for sale, or made some such excuse.
Re-examined. The counter containing the boxes runs beside the door.
ARTHUR ALDERSON (444,City). I arrested the prisoner on April 27th for stealing a box of feathers—I took him to the station—he made no reply to the charge—he gave his address as at a Salvation Army shelter—he was not known there.
GUILTY.** †— He then Pleaded Guilty to a conviction of felony at Guildhall on December 29th, 1898, in the name of William Toomey. Three other convictions were proved against him.—Twelve Months' Hard Labour.
OLD COURT.—Wednesday, May 2nd, 1900.
Before Mr. Justice Lawrance.
MESSRS. MATHEWS, MUIR and STEPHENSON Prosecuted, and MR. KENYON
There being not sufficient evidence that the child had had a separate existence, MR. JUSTICE LAWRANCE directed a verdict of NOT GUILTY .
MR. METCALFE, for the Prosecution, offered no evidence. NOT GUILTY .
MESSRS. RANDOLPH and HARRISON Prosecuted.
ALFRED HAMMOND . I am manager to William Badderly, a stationer, who trades as Warrington & Co., 23, Garrick Street—on the night of January 16th I locked the premises up, and, so far as I know, I was the last to leave—I left by the back door, locked it with two locks, and also locked an iron gate which is down three or four steps from the door—when I arrived next morning about 8.45 I found the premises in the possession of the firemen—my attention was drawn to an office on the first floor, which contains two safes—one of them had been tampered with—the side was partly forced, and some of the packing, a kind of cement, was on the floor—the marks were not there the night before—there was a crowbar near the safe—it is the firm's property, and is kept in the basement—some little time afterwards the key of the other safe was picked up, with which I opened it, and a bag of money was missing—the key is usually kept in a drawer of a desk which is not locked—I missed about £8—I had seen it there safe on the Saturday before the 13th—I did not miss anything else—the damage done by the fire was about £2,000—we have several lads employed there, and amongst them the prisoner—he had been employed about two months—he was at work on the Tuesday—he was last paid his wages on the Saturday previous—there would have been money owing to him for the Monday and Tuesday—I never saw him again—he was not discharged—there was also in our employ a lad named McNeil—he was paid the previous Saturday—he had been there on the Monday and Tuesday—he was not discharged, but he has not been there since.
DANIEL CALDON . I am a printer, and work for Mr. Badderly—I live at 16, Emerald Street, Theobald's Road—on April 10th I was out with a boy named John Scott—we had some goods on a truck—I saw the prisoner in Holborn Circus—he used to be employed with me—he said, "Halloa!"—I said, "Halloa! you done a nice thing for our firm"—he said, "What! the fire?"—I said, "Yes; did you get any money?"—he said, "Yes; we got £8, of which we had £4 each, me and McNeil; we both stayed behind at night, and hid behind a litho' stone; Mr. Hammond came down to turn off the gas; McNeil intended to hit Mr. Hammond with a piece of iron, only he was too quick for him"—he then said they went from, there upstairs into the shop, and opened a safe, from which they got the money—they then went up to the governor's room, on the first floor, and stayed there till 5 o'clock in the morning, they came down, and McNeil had a piece of lighted candle, he placed it near some paper beside a cutting machine, and then they left the premises a little after 5 a.m.—he did not say whether the paper was alight—he did not say which door they left by—he said he was working for Page & Pratt's, in Bride Street—I had not seen him between the night of the fire and when I met him in Holborn Circus—McNeil used to work at Warrington's—I have not seen him since the night of the fire—he has not been at work—I made a report of the matter—McNeil is older than the prisoner.
JOHN SCOTT . I am a layer-on, and work for Warrington & Co.—I remember the prisoner working there—I was with Caldon on April 10th, in Holborn Circus, when we met the prisoner—I had not seen him since the night of the fire—he said, "Halloa!" and we said, "Halloa!"—Caldon said, "You have done a nice thing for our firm"—the prisoner said, "What, the fire?"—Caldon said, "Yes"—I asked him how he done it—he said they hid behind a stone rack, and McNeil intended to hit Mr. Hammond, but he was too quick for him; that they then went upstairs and found the key of a safe, from which they got the money; they stopped there and smoked the governor's cigars till 5 in the morning, when they placed a lighted candle near some paper, near a cutting machine, and then went out by the front door—he told me he had burnt a cheque for £490 odd—Caldon asked him where he worked—he said, "Page & Pratt's"—McNeil's age is about 18; he is older than the prisoner.
AMBROSE LESTER . I am superintendent of the Metropolitan Fire Brigade Station, Rosebery Avenue—at 5.27 a.m. on January 17th I received a call, and went to Garrick Street, Covent Garden—I found the back part of the premises, from the ground floor upwards, well alight—five hydrants and one steamer were got to work; it was a rather serious fire—after it was extinguished I searched the premises to find the origin of the fire—on the front part of the first floor I found a leather bag which had been ripped open—a crowbar was lying near by, with two or three screwdrivers—I also saw two safes, which apparently had been tampered with—the fire had originated at the back part of the ground floor—I found no traces of a candle—there was a lift at the back, and the fire had travelled up the shaft to the top floor—I forced the back door myself with a big axe—the front door had been opened, I believe by the police, before the brigade arrived—I handed the place over to the police.
WILLIAM CRANSTON (Police Inspector). About 5.45 a.m. on January 17th I went to 23, Garrick Street—I found the premises well alight—the firemen were attempting to force the back door, which was securely locked—the front door was only fastened with one lock—I was after-wards called up to the first floor by the firemen—I found a brief bag cut open, and the contents scattered about the floor—an attempt had been made to force the safe—there were some screwdrivers lying on the floor which had evidently been used for that purpose—all the drawers in the desk there had been pulled open, and some of them were on the floor—I found the key of the safe on the floor—I found no marks of an entry having been made from the outside.
HARRY CALLIGAR (Police Sergeant). About 9 a.m. on January 17th I went to these premises and made an examination of them—the ground floor was burned out, and at the back of the office on the ground floor a desk had been forcibly opened—in the front office I found two safes which had been tampered with, some cement on the floor, and one had apparently been opened by a crowbar, which was lying by the side of it—I saw a key in a drawer which would fit the second safe—on the 11th I went with Detective Waters to the office of Messrs. Page & Pratt, where I saw the prisoner—I told him we were police officers, and should arrest him for committing a burglary at 23, Garrick Street, and also setting fire to it—he said he did not know anything about it—we took him to the station—he made no reply.
The Prisoner's statement before the Magistrate: "I only wish to say that I am sorry I have no witnesses to call."
GUILTY . He received a good character. Recommended to mercy by the Jury on account of his age.—Three Months' hard labour and Twelve Strokes with a birch rod.
THIRD COURT.—Wednesday, May 2nd, 1900.
Before Mr. Common Serjeant.
MR. CRANSTOUN Prosecuted, and MR. HARRY LEWIS Defended.
BARNETT MARSHALL . I reside at Ashley, South Road, Southall—I have retired from business—I have known the prisoner from 1896—he has acted as my solicitor in money advances on mortgages—I received his letter of January 2nd, 1897—(Stating that £250 could be safely advanced on the premises of 47 and 47a, Carnaby Street, Regent Street).—a valuation of the property was enclosed—on receiving that letter I went and saw the prisoner at his office—I told him the security seemed to he good, and that I would advance the money—he told me that Mr. Hocking wanted a mortgage on this property, of which he had bought the lease, £250 as part of the purchase money—I received this letter of January 7th, 1897—(From Bailey, arranging to complete the purchase the
next day)—I attended the completion at the offices of Messrs. Burton & Son, Blackfriars Road—the property then belonged to the Streatham and East Surrey Permanent Building Society, who assigned the lease to Hocking—I saw Bailey sign the receipt for the title deeds in the schedule, and the deeds handed over to him, and I advanced the £250—shortly afterwards I called on Bailey and received the deeds from him, including the transfer to me of Hocking's mortgage—I deposited them at the bank—in November, 1899, Bailey said that Hocking had told him that he wanted to sell the property, and would require the deeds to be produced—believing his statement, I got the deeds from the bank and left them with him—I received his receipt of November 15th (Produced).—I received this letter from Bailey of January 10th, 1900—(Stating that negotiations were still going on).—I had called at his office that day—I wrote to him on February 24th, and received his reply of that day—(Arranging for meeting the parties on March 24th).—on March 24th I sent to ask where the money was to be paid—I got no reply—not being satisfied, I saw Hocking on March 25th and 26th—in result, I put the matter into the hands of Messrs. Thornicroft & Willis, solicitors, to make inquiries.
Cross-examined. I have known Bailey since 1896—until recently he has acted as my solicitor—I had every confidence in him.
GEORGE HARRY WILLIS . I am one of the firm of Thornicroft and Willis, solicitors, of 59, Chancery Lane—about March 27th Mr. Barnett Marshall consulted me in this matter—actingon his instructions, on Wednesday, March 28th, I called with Outram, my clerk, on Bailey at his house at Leatherhead—he had ceased to practise at Lincoln's Inn Fields—I told Bailey I had come on behalf of Mr. Marshall to make inquiries about a mortgage; that I understood there was a mortgage for £250 on property in Carnaby Street from Hocking to Marshall—Bailey said that was so—I said, "Has the mortgage been paid off?"—he said, "No"—I said, "How is that?"—he said, "Hooking was to have paid it off on the 26th, but he has not done so"—I said, "Why did you get the deeds from Mr. Marshall last November?"—He said, "Hocking told me that he had arranged to sell the property; that the mortgage would, therefore, have to be paid off, and I wanted the deeds"—I said, "Has the property been sold?"—he said, "No"—I said, "Where are the deeds?"—he said, "At 63, Lincoln's Inn Fields"—I said, "Why did not you return them to Mr. Marshall?"—he said that Hocking had arranged to pay the mortgage off—I said, "I thought you said just now that he was going to sell the property?"—he said, "He has changed his mind, and is going to pay the mortgage off"—I said, "How is he going to do that?"—he said, "He is going to deposit the deeds with his bank, and get an advance"—I said, "You are quite sure nothing has been paid off?"—he walked away to the end of the room to look out of the window for a moment, and then said, "I have received £100"—I said, "When was that?"—he said, "About a month ago"—I said, "Why have you not paid it to Mr. Marshall?"—he said, "I did not want to"—I said, "Why not?"—he said, "I was going to pay it all over at the same time"—I said, "This is most irregular, and I must ask you to meet me to-morrow morning and hand me over the deeds and the money"—he said, "I am afraid I have an engagement to-morrow
morning, but I can come the day after"—I said, "It is a serious matter, and you really must meet me to-morrow morning"—he said, "Very well, I will come to your office at 11.30 with the deeds, but I am not sure about the money"—I said, "Then I shall rely upon seeing you"—he did not call, and I have had no communication with him since—after waiting another day I applied for a warrant—these are the deeds (Produced)—there is no receipt on the transfer, but on the mortgage is a receipt for £100 by Bailey, dated January 1st, 1900—handing deeds to the solicitor would not give him authority to receive money; that is only by another document signed by Marshall—we always refuse to pay money in such a case—the mortgagee was Bailey—by suppressing the deed the receipt was suppressed—the mortgage to Bailey and transfer to Marshall were not registered—all the deeds up to the assignment to Hocking have been registered—there would be a defect in the title—the transaction was completed on January 8th, but the deeds are dated back—the assignment to Hocking is dated December 26th, 1896, and the mortgage to Bailey the same day, and the transfer to Marshall January 8th.
HENRY WHITFORD HOCKING . I am a shop-fitter and builder, at 124, Wardour Street—in 1896 I gave instructions to the agent and to the prisoner, as solicitor, for the purchase of 47 and 47a, Carnaby Street—I instructed Bailey to procure me an advance of £250—in January, 1897, I completed the purchase and signed this mortgage to secure the £250—in November, 1899, I met Bailey at Messrs. Barnard & Son's, 48, Brewer Street, by accident—he asked me if I was not ready to pay it off, as the trustees were doubtful about the security—I told him, as I had only had the mortgage for three years, and it had cost me £20, I thought it was rather hard, and, as for the security, I would not bell the property for anything like the amount that was lent on it; but I would see what money I could pay him by Christmas—I never told him that I desired to sell the property—I believed what he said about the trustees, and went to his office on January 1st with £100 in notes—he said he was sorry I had brought it in notes, as he wished to send it away, and would I give him a cheque—I went home, wrote out this cheque for £100, and sent it to him—I wrote, "Pay Bailey, or order, £100, part payment of mortgage re 47 and 47a, Carnaby Street"—that is Bailey's writing at the back—it is dated January 1st, 1900—I enclosed it in a letter, in which I reminded him that I wished the receipt put on the mortgage deed, as I wanted his client to see when I paid the money—I got a letter back with this receipt (Produced,) but there was no reply to my request about the receipt being put on the deed—I wrote to him on February 25th, saying that he had not kept his promise, and asking him to do so, and send the deed for perusal—I got his reply of February 27th—(Stating that he would call to-morrow at 2 o'clock with the deeds, and that he should be glad if he could take up the deeds, as the beneficiaires were in want of the money).—he called the following day, and wrote this receipt on the deed in my office—he did not tell me that the mortgage was transferred, or I would not have paid him the £100—I never told him I had changed my mind, and that I was going to pay the mortgage off instead of selling the property—in reply to his letter of February 27th, I told him if the beneficiaires wanted the money they ought to make me some allowance,
as I should have to deposit the deeds at the bank to get the money—it was not my intention or desire to pay off the mortgage.
Cross-examined. He did not say, "I have seen the premises; I am not satisfied with the condition of them, and it is not a trustee's security"—the £250 was the full amount of the purchase—I never said that I would sell the premises for £500—I never wrote to him to say that I would pay the balance off, but I telegraphed to him for an appointment in March—nothing was said on either side about my selling the property—I told him I expected money about Christmas.
DAVID LITTLE (Police Sergeant). I am stationed at Bow Street—I served this warrant on the prisoner at his house at Leatherhead—I read it to him—he made no reply—I brought him to Bow Street—the charge was read over to him—he said nothing.
GUILTY .— Six Months' Hard Labour.
MR. OSWALD Prosecuted, and MR. WARBURTON Defended.
ERNEST MILLER . I live at 109, Harrison Street, Gray's Inn Road—I am a potman—I have a sister, whose maiden name was Hannah Miller—she was married in March, 1873, at St. Martin's-in-the-Fields, to the prisoner—she left him in September, 1893—she has since lived in Peckham.
Cross-examined. The prisoner has seen his son since his wife left him——she took the furniture with her—the prisoner has been living in Millman Street, Lamb's Conduit Street, near Gray's Inn Road.
ELIZA EVANS . I am a servant at 31, Charington Road, Finsbury Park—I went through a marriage ceremony with the prisoner in June, 1899—he said he had been a widower for nine years—he left me about 10 days before Christmas, saying I had no claim on him, and taking his things—the home was mine—he said I must do the best I could, and offered to allow me a small sum, which I summoned him for, and that is how I found out about his wife—he told me he had found out his first wife was living, and we should have to part, and we parted—this is the marriage certificate from the Registrar's Office, Holborn, of June 27th, 1899—I lost my maintenance action at Dalston County Court—he said his wife had been dead three years—he wrote me this letter, asking me to come back—he said that he had made inquiries—I met him—I told him my father would not allow me to go back unless he got the death certificate of his wife—he said that his wife left him 12 years ago, and he was afraid of being arrested.
Cross-examined. He told me a little before Christmas that he had heard his wife was alive—I thought it was a tale, and summoned him on March 7th and 8th—he offered to allow me 5s. a week before he left me—he paid me nothing—that is why I summoned him—I went with him to Somerset House and had the agreement stamped with an 8d. stamp—he never paid.
Holborn Viaduct two years ago—he asked how my mother was, and I said, "Quite well, thank you"—I fix the time by my employer changing his bank.
Cross-examined. I was friendly with mother, and not bitter against father—father said he should like her to write to him, or he should like to see her.
ALBERT PEDDER (Police Sergeant, E). I produce copy of the prisoner's first marriage certificate—I arrested him at 9.45 a.m. on April 11th, at 34, Millman Street—I told him I was a police-officer, and should arrest him for feloniously marrying Eliza Evans, his wife being then and now alive—he said, "I did not know my first wife was alive; I have not seen her for nine years, and when I found out that she was alive I said to my second wife, 'We had better part, as it's bigamy'; if I had been in work and paid the money, this would never have happened." He repeated this statement in his defence.
GUILTY .— Twelve Months' Hard Labour.
MR. HUTTON and MR. FORDHAM Prosecuted.
NOT GUILTY .
OLD COURT.—Thursday, May 3rd, 1900.
Before Mr Justice Lawrance.
MESSRS. BODKIN and STEPHENSON Prosecuted, and MR. WARBURTON
WILLIAM JORDAN . I am a firewood dealer, of 9, Burlington Road, Enfield, and have been in the habit of hiring a stable at 1, Notts Cottages, from the deceased, at 2s. 6d. a week—I know the prisoner—he is a costermonger—he also used to hire a stable there—I do not remember his giving it up—I remember him keeping a barrow there—I have seen him and Smith together on many occasions; they seemed to be friendly—on Saturday, February 24th, about 11.15 p.m., I went to 1, Notts Cottages with my little boy to put away my donkey and barrow—I went in through the large gates of the yard, saw Smith come out of his shop, and shut the gate by which I had entered—I lighted a lamp in the stable when I got there, and there was also one in the shop, the door of which was open; the street lamp was alight in the road outside—I set about putting my donkey away, and when I had been there a few minutes the prisoner came to the gate, which was closed, with a pony and barrow—Smith was standing against the inside of the gate, and said to the prisoner, "You are not coming in here any more"—the prisoner began using bad language—Smith did not say any more—the prisoner seemed to me as if he had had too much to drink—Smith said, "If you were not
drunk you would not have a word to say for yourself"—the prisoner said, "I am not drunk"—he was standing on the pathway outside, and near the gate; he had either a stick or a whip in his hand; his pony and cart were in the roadway—Smith had a stick in his hand; he always had one to walk with, he was a very old man—I did not know his age then—he was infirm through old age—the prisoner then used bad language, and struck at Smith over the gate with his stick or whip, who struck at the prisoner—the gate is about 4 ft. high—neither of them hit the other—then the prisoner ran through the little gate and struck Smith on the shoulder with the stick or whip, and said, "You old b——, I will kill you"—Smith put one arm to the other, and cried out, "Oh!"—he still stood in his yard—I did not think he was much hurt, and as I wanted to give my donkey some water I went into the stable to fetch a pail, and then went up to a pond at the back of the yard, leaving my boy Albert behind—when I came out of the stable with the pail Smith was inside the yard and Groves outside, against his pony—I got the water, and while I was coming back I heard cries of "Murder!" and "Police!" from Mrs. Smith—I had been away about 10 minutes—as I was entering the little gateway I saw a scythe lying on the footpath near the little gate—I had seen three scythes in the yard—this (Produced) is one of them—I saw them there when I went in on that night against the wall furthest from the road—I went into the stable with the water—my son said something to me—I went straight to the door of the shop and looked in—I saw Smith lying down, groaning, between the counters, with his feet towards the door; Mrs. Smith was also there—I went out into the road then—I noticed that the scythes were gone—I saw the prisoner standing against his pony's head opposite No. 3, which is his own gate—I had not seen him as I went in—another man came down the road and said, "Harry, Harry, what is the matter?"—the pony and the barrow were taken away; I cannot say by whom—I saw no more of the prisoner—after a little time the police came, and a doctor.
Cross-examined. The stable is a few yards from the gate—it was not very dark—the deceased was fairly healthy—he generally walked about with a stick—when I went away for the water I did not anticipate that anything further was going to happen—I saw two scythes lying on the path when I came back with the water.
Re-examined They were about a yard or two apart.
ALBERT JORDAN . The last witness is my father—I am 12 years old—I remember going back to the stable with my father on the night of February 24th, and his going away to fetch the water from the pond—I did not see the prisoner then—I had seen him coming down in a barrow before my father went away—I heard the prisoner come into the yard and go up against a wall where some scythes were standing—I was in the stable then—I could see the prisoner—there were three scythes, and I saw him take two of them and go out at the gate, along the path, and into his own gate at No. 3—he stood the scythes up against the wall of his house—Smith was standing in his own yard, blowing his whistle, and the prisoner used bad language to him—after waiting about five minutes the prisoner took up the two scythes and went into No. 2 garden—Smith
was standing up against the fence between his yard and No. 2—his back was towards the prisoner, who struck him over the fence, on the back of the shoulder, with the handle of the scythe—he had dropped the other one on the footpath outside Smith's—Smith halloed out, "Oh!" and put one arm up to his shoulder—the prisoner said, "I will kill you, you old b——"—Smith turned round, and lifted his stick—he was just going to hit the prisoner when the prisoner ran out of No. 2 garden and into Smith's garden—Smith ran in, and went to shut his door, but the prisoner followed him as he was going to shut the door of No. 1, and knocked Smith down with the heel of the scythe, striking him on the chest—Smith was in the doorway—he fell down on his back, with his feet towards the door—I came up to where the pump is, near the door, to see what he was doing, and I saw the prisoner strike Smith twice across the body while he was on the ground, with the heel of the scythe—they were hard blows—he said, "I will kill you both, you old b——s"——the other was Mrs. Smith—then he came out at Smith's gate and dropped the scythe outside the gate near the other, and went down into his own house, and I lost sight of him—I first saw Mrs. Smith before the row began, and before Smith went into his house—the prisoner was in No. 2 garden then—she was standing at her own door halloaing out "Police!" and "Murder!"—I did not see the prisoner knocked down at all, or see Smith strike any blow—he was going to after the prisoner had got the scythes—I saw the three scythes; the prisoner took two and left the other against the wall.
Cross-examined. When Smith was blowing his whistle the prisoner was in his own garden—I had heard the row before the whistle was blown—it was very dark—the prisoner was mad drunk—he was very excited—he was not staggering at all—he was unsteady in his walk—I did not hear him say, "I will kill you, you b——," before my father went away.
WILLIAM ALLDAY . I live at the Old Sergeant public-house, opposite No. 1, Notts Cottages—I have known the prisoner six or seven years, and old Mr. Smith 18 or 20—I was at home on February 24th—the house was shut at 11 p.m., and about 11.25 I was in my bedroom in the front, over-looking the road—I heard somebody coming down the road si ging, and recognised the prisoner's voice—I do not know if he was drunk or not—I think he had had something to drink—I heard Smith say, "Harry, I do not want you inside here"—the prisoner said, "What, you old b——d, I will kill you"—that is all I heard—I did not get up then, not till I went down to give somebody some brandy for Mr. Smith, about 11.50—I never went outside the door.
BARBARA ANN SMITH . Henry Smith was my husband—he died on March 20th at the Enfield Cottage Hospital—he was 84, I am 75—we have been married 40 years, and have lived at 1, Notts Cottages, 32, years, where we kept a small sweetstuff shop, and my husband used to let out the stable to costermongers, because he had lost the sight of his eye—he used to get 2s. 6d. a week from the parish, but they have taken it away now—he was also rather deaf—he could walk, but he did not go further than the top of the lane—if he went out of the yard he took a stick, but he had not one on this night—he was in good health—there was
nothing the matter with him except losing his sight—the prisoner used to keep his pony and barrow in our stable a long time ago, and used to pay 2s. 6d. for it—after a while he only kept a barrow there and paid 6d. a week to my husband—on February 24th he owed my husband 1s.—I am not sure of the amount—before that night I had heard my husband tell him that he would not have him in there any more—on the night of February 24th we were at home—he went out at 11.20 to shut the big gate—I had not heard Jordan come in—my husband had just got it shut when the prisoner rushed at him—the prisoner had a pony and barrow with him—my husband told him he should not come inside that night—the prisoner said he meant killing the old b——; I said to my husband, "Come inside, and let him be where he is," and my husband came in directly—the prisoner rushed in after my husband, who tried to shut the door; and the prisoner said, "You don't shut no b——door here; I mean killing you;" and knocked him down—I do not think he had anything in his hand—the blow hit my husband in the chest somewhere—the prisoner went away directly after that, and came back instantly with two scythes in his hand, and dealt my husband, who was lying on the floor, four or five tremendous blowb——he could not help himself—I said, "Pray don't hit him any more," and he said, "I will serve you the same," and he knocked me down, and hurt my back; I am suffering from it now—he struck me with the heel of the scythe—I got up after two or three minutes, and called out, "Murder!" and "Police!"—the prisoner went away—they took my husband to the hospital.
Cross-examined. There is a box tree at the corner of our garden—the prisoner had the two scythes cuddled to him—I could see them distinctly.
HENRY LEATHERS . I am a compositor—about 11.30 p.m. on February 24th I was in Chase Side, Enfield—I heard a whistle—I went in the direction, and arrived at 1, Notts Cottageb——I saw the door open, and the prisoner inside, with his back towards the door—I saw him strike a man on the ground twice with a scythe—the man's feet were towards the door, and the prisoner near them—the blade was pointing away from the deceased—they were rapid blows, across the head—then he backed out, and was just over the threshold when he went back and repeated the blows, which fell more on the body than before—he held the scythe in the same way as before—he said, "I will do for you, you old b——"—then he came out and went into his own house—I did not speak to him.
Cross-examined. I went home after that—there were two or three of us standing round—I did not interfere; I might have shared the same fate myself.
WILLIAM STOWE . I am a decorator—on February 24th, soon after 11 p.m., I was not far from the top of Parsonage Lane—I heard a whistle—I went down the lane and stopped outside 1, Notts Cottageb——severa people were outside—I heard groans coming from inside the door, which was two or three inches open—I pushed the door open, and saw Smith
lying on the ground, with his feet towards the doorway—his wife was raising herself from a sitting position at the head of her husband—Smith made a remark.
JOHN GEORGE WIDDICOMBE . I am a Justice of the Peace for Middlesex, and reside at "Dilkoosha," Enfield—on Sunday morning, February 24th, I received information from the police, and in consequence went to the Enfield Cottage Hospital, where I saw the prisoner in custody—I then went to the bedside of Henry Smith, and directed that the prisoner should be brought up close to the bed—he was brought to the foot of the bed, within earshot of what Smith was saying, whose voice was quite loud—I took down, in writing, a statement which he made—I asked him questions, and he answered them—I then asked the prisoner if he had heard what Smith had said—he said, "Yes"—I said, "Do you wish to ask the prosecutor anything on what he has said?" and he proceeded to put some questions, which I took down verbatim, as well as the answers, on this paper (Produced)—this is my writing—I wrote: "Henry Groves, the prisoner, asked the injured man: Q Did I pay you 6d. at the beginning of the week for leave to draw my barrow into the yard? A. Yes but as you had not paid me for two weeks I gave you notice to take your barrow away. Q. When did you give me notice? A. A fortnight ago. Q. Was it 1s. I owed you? A. Yes. Q. What did you do on Saturday night, when I brought the pony in? A. I told you to take the pony and barrow away. Q. Did you not knock me down with a stick when I went into the yard on last Saturday night? A. No, I did not. Q. Did you not stand at your gate when I fetched the three scythes, and was going out? A. No, I was standing at my own door, when you rushed at me. Q. Did you not strike me on the shoulder when I was going out? A. No, I did not"—the whole of the examination is in my writing.
LOUISA WILKINSON . I am a nurse at the Enfield Cottage Hospital—at 12.45 a.m. on February 25th Henry Smith was admitted there and remained till March 20th—Dr. Collyer attended him in the interval—every care and attention was shown to him—I gave a pair of trousers which belonged to the deceased to Police-constable Somers.
SAMUEL DRAYTON (Police Sergeant). I was on duty in Enfield on this night from 9.30 onwardb——I know the prisoner by sight—I saw him in Enfield Town at 9.30, at 10, and at 10.30—on the first occasion he was in the King's Head public-house—on the other two occasions he was with his barrow in the streetb——there was nothing in his behaviour which attracted my attention—he was quite sober—at 11.30 I heard a whistle, and went to Chase Side—on the way there I got information, and I went to 1, Notts Cottages, where I saw Smith lying, seriously injured—I sent for Dr. Collyer, and then went in the direction of Baker Street, and in a room at the rear of a shop there I saw the prisoner—I said, "I am going to take you into custody on a charge of assaulting an old man named Smith in Parsonage Lane"—he said, "If you are going to, you must"—I then gave him to Constable Arnold—I went back to Notts Cottages, and eventually took the old man to the hospital—next day, February 25th, I took the prisoner to the Cottage Hospital, where the examination of Smith took place before Mr. Widdicombe—the same morning I searched in the neighbourhood of Notts Cottages, and found
three scythes together on the ground in the front garden of No. 3, Notts Cottageb——I did not notice any mark on them then.
EDWARD KELLY (100Y). At 12.30 a.m. on February 25th I was at Enfield Police-station when the prisoner was brought in—the officer reported what had happened in the prisoner's hearing, who said, "I used to hire a stable from him and pay half-a-crown a week for it, but trade getting slack, I could not afford it, and paid him 6d. a week to stand my barrow in the yard—when I went into the yard he struck me on the head with a stick and knocked me down; my wife came into the yard and helped me up, and went for me lively—I do not know why he struck me, only I owe him 6d.; he never said anything"—I wrote down what he said—two scythes were brought to the station, one with blood on it—later in the day Dr. Collyer came to the station—the prisoner said to him, "He struck me on the side of the head with a stick; I have a lump here," pointing to the left side of his temple—the doctor looked at it—the scythes were very rusty—the prisoner was charged by Sergeant Drayton with causing serious bodily harm—he made no reply—when I saw him he was sober, but evidently had been drinking—he was some what dazed—when he was searched he had £1 in gold, 7s. or 8s. in silver, and some bronze on him.
Cross-examined. It is from half to three-quarters of a mile from the station to where he was arrested—I have seen him on several occasionb——he has never been charged, to my knowledge, with any assault before; he has with drunkenness.
Re-examined. I have not got the date of that.
ALBERT SOMERS (Detective Officer). I got the dead man's trousers, and showed them to Dr. Collyer—I did not find any stick at 1, Notts Cottageb——I went to the prisoner's premises, and was handed this whip (Produced)—he was convicted once in 1899—I have not the date here.
Cross-examined. He has been convicted of violence—he is married, and has one child alive—he carries on the business of a greengrocer and costermonger in a small way—he is a well-conducted man, except that he has been in trouble about liquor.
JAMES MORLEY (Inspector). On March 26th I saw the prisoner at Enfield Police-station after Smith's death—I told him he would be charged with the wilful murder of Henry Smith, by striking him with a scythe—he made no reply.
JAMES COLLYER , M.R.C.S. I live at Enfield—on February 25th I was called about 12.15 a.m. to Notts Cottages, where I saw Henry Smith sitting in a chair in the room, in a state of collapse, cold and shivering, and his head covered with blood—I did not examine him then, but when he got to the hospital I did—I found that both bones of the right leg were fractured, and there was a comminuted fracture of the ankle joint—the bone was broken up into small pieceb——both bones of the right arm were broken—that was a compound fracture, and bleeding from the bone protruding—it was about half way down the arm—on the forehead I found two jagged wounds, one 2 in. long, upwards and downwards, and one smaller one, about 1/2 in. apart, bleeding freely; two at the back of the head, one about 2 1/2 in. long, right down to the bone, bleeding freely—both bones in the left leg were broken, about 3 in. below the
knee; that also was a compound fracture, and a great deal of blood coming from it—the skin of the left hand was driven in, and a rib on the left side was broken—I dressed the wounds as far as I could, and later on set the bones which were broken—he was in such a state of collapse I did not think it advisable to do anything then except put sandbags to his ribb——if I had done anything he would have died—at one time he was doing fairly well, but about March 8th or 9th the wounds in his arms and legs turned out badly, and he eventually died on March 20th, exhausted—I made a post-mortem by the Coroner's order—his body was that of an unusually healthy old man, after making allowance for his age—death was undoubtedly directly caused by the injuries he received—a series of blows upon his body with the heel of the scythe would have accounted for the injurieb——very great violence must have been used, especially on the left leg—I was shown one of the scythes on February 25th—there was a little blood on the middle of the blade then—I also examined Mrs. Smith on the 25th—she had a slight injury to her left wrist—she complained very much of her back—she said she had been knocked on her back—between 3 and 4 a.m. on the 25th I went to the station and saw the prisoner in the charge room—he said he had had a blow on the left side of the head—I examined his head, and found there was no bruise or swelling; there was a slight scratch, as if it had been done with the nail; there was no bleeding—it would be impossible to inflict a blow, such as to knock him down, and yet leave the mark that I found—that was the first time I had seen him that morning—he appeared perfectly sober—he stood quite steadily, and spoke distinctly.
Cross-examined. There was time for him to have got sober to a great extent before I saw him—there was no indication of a blow at all—the deceased's skin was broken by the broken bones, but they did not come through the skin—the bones of a man of 85 would be much more brittle than those of a younger man, and less easy to heal—it is just possible that the two fractures of the right leg could have been caused by a fall over a scythe, and I say the same with regard to the fracture of the ankle—the fracture to the right arm was just below the elbow—I do not think it could have been caused by a fall on a scythe—I do not think the force would be enough to break boneb——the wound on the forehead was about 1 1/2 in. deep and jagged; that might have been done by the back of a scythe; it was not clean cut as if by a sharp instrument—when I examined the deceased at his cottage about 12.30 he was not insensible, he could just speak—I cannot say that he got much better at the hospital.
The Prisoner, in his defence, on oath, said that he had had a good deal to drink on this night that the deceased hit him on the head with a stick and knocked him down, that he got up, and the deceased told him to clear out, that he went up to get three scythes to clear them out of the yard, that he put them en his shoulder, that he came towards the gate, when the deceased struck him across the shoulders, and he fell down with the scythes, and one of them went through his coat, that he got up and hit Smith and knocked him down on the scythes which were on the ground, and that he did not strike him with a scythe; that he had no intention of hurting him, and was always good friends with him.
DR. COLLYER (Re-examined). The prisoner told me he had been
knocked down by that one blow; he made no reference to any second blow at all.
GUILTY .—Strongly recommended to mercy by the JURY.— DEATH .
THIRD COURT.—Thursday and Friday, May 3rd and 4th, 1900.
Before Mr. Common Serjeant.
MR. J. P. GRAIN and MR. PETER GRAIN Prosecuted, and
MR. CHARLES MATHEWS Defended.
The JURY, being unable to agree, were discharged, and the trial war postponed to next Session.
SARAH TINSON . I live at Pope's Grove, Twickenham—on April 9th I made up a parcel and addressed it to Mr. Tinson, New Park Cottage, Stoke-on-Trent—it contained extract of meat—I posted it at the Twickenham Post-office between 4 and 5 p.m.
WILLIAM GEAR . I am a sorting clerk at the Twickenham Post-office—I received these two parcels on April 9th at 4.40 in the Sunbury bag—they should have been despatched to Waterloo by the 5.17 p.m. train, leaving the post-office about 5 p.m.—I placed them on the sorting board to be packed by the prisoner—about 7.5 p.m. Allistone showed me Mrs. Cole's parcel—I handed it to Mr. Harris, the chief clerk.
Cross-examined. The railway station is about 10 minutes' walk—the prisoner left between 5 and 5.5 p.m.—he came back about 6.8 p.m.—about 30 postmen are employed there—no other key fits the prisoner's looker.
FREDERICK ALLISTONE . I am inspector of postmen at the Twickenham. Post-office—on April 9th I went into the yard at the back of the sorting office at 5.7 p.m., after Morris had left for the station—I took a note of the time—I found Cole's parcel between the oil shed and the surplus parcel boxeb——I picked it up and gave it to Gear—I spoke to Mr. Wall's, the postmaster.
Coss-examined. It was near the door, where people would see it who passed—it was on its edge—the yard was used for the barrows and boxes, and there is an oil shed—only officials use the yard.
WALTER HARRIS . I am chief clerk in the Twickenham Post-office—on. April 9th Gear brought me this (Cole's) parcel containing cake, about 5.10—he made a statement—I went to the rear of the office where it was found, and instructed Wallis, a junior, to make a further search, and
shortly afterwards he brought me this parcel (Tinson's)—I noted the addresseb——in going from the sorting office to the station the prisoner would pass through the yard—the parcels are made up, and the hampers sealed in the office—I replaced the parcels and directed Wallis to watch—they would not be visible to anyone unless they looked for it—Wallis watched from the battery-room, which looks on to the yard—I saw the prisoner when the postmaster found the parcels in his locker—the postmaster asked him for the key of his locker—he said he had not got it—e went towards the kitchen, where the lockers are—the postmaster then said he would break the locker open—the prisoner produced his key from his pocket and opened the locker—I saw the same two parcels in the locker—the cover had been taken off Tinson's parcel; the string was still on, but the contents had been slipped out—I said to the postmaster, "There are the two parcels"
EDWARD GORDON WALLIS . I act as sorting clerk and telegrapher at the Twickenham Post-office—shortly after 5 p.m. on April 9th, from instructions given by Harris, I searched behind the boxes in the yard behind the sorting office—I found Tinson's parcel whole behind two boxes or P✗ampers for parcels, which are used at Christmas time—from Harris's instructions I went to the battery room and kept watch about an hour—about 6.15 p.m. I saw the prisoner walking in the yard towards the room where the lockers are with these two parcelb——he was about a yard from where the p✗arcels were—I could recognise them by their being of similar size, and by the cover—I then communicated with my father and with Harrib——I saw him walk about half a-dozen yards.
HARRY WALLIS . I am postmaster at Twickenham, where the prisoner was employed—on the evening of April 9th, in consequence of what I heard, I asked the prisoner for the key of his locker—he said he had not got it—I told him I should break it open in his presence at once—he thereupon produced his key and opened it—he withdrew these two parcels, and handed them to me—he said, "I did not put these here; I do not know who did"—since this matter was before the Magistrate I have examined the lockerb——there was another key that would open the prisoner's locker—there is no duplicate of the keys.
Cross-examined. Thirty-two keys have been tried in that locker—on the second occasion before the Magistrate, I was asked why I had not said before that one parcel had been tampered with, and I said because I was not asked.
Cross-examined. He bears a good character.
The Prisoner, in his defence, on oath, denied all knowledge of the parcels, and said there was ill-feeling between the postmaster and himself and others; that there were many postmen, and other keys might fit his locker; and that the reason he did not give up his key at once was because he had private letters there.
GUILTY .—(He had been 13 years in the Post Office, and had been cautioned for intemperance).— Twelve Months' Hard Labour.
NEW COURT.—Thursday, May 3rd; Friday, May 4th; and Saturday,
May 5th, 1900.
Before Mr. Recorder.
311. ALFRED KINNEAR and WILLIAM GALLOWAY MATTHEWS PLEADED GUILTY to two Counts of an indictment charging them with unlawfully incurring a debt and liability to Walter Baldwin and Malcolm Colquhoun Thompson.— To enter into their own Recognizances. And
MESSRS. AVORY and MUIR Prosecuted, and MR. GEOGHEGAN Defended.
THOMAS ALOYSIUS HANLON . I am a clerk in the Royal Courts of Justice—I produce an affidavit in Colin v. Thomas Morgan & Co., sworn on November 25th, 1899—I was at the Police-court when the interrogatories called for were produced by the prisoner; these are they—I also produce an affidavit of documents in the same action sworn on February 14th, 1900, and signed next day; also the writ in the action, and a copy of the proceedings.
WILLIAM STOLLARD . I am a commissioner for oaths, of 24, Great Marlborough Street—a person was brought to me by a solicitor in the year 1891—he acknowledged his signature, and swore that the contents of this affidavit were true—I do not recognise the prisoner.
IRVINE HARLE . I am a solicitor and commissioner for oaths, of 520, Strand—this affidavit was sworn before me at my office on February 14th, 1893—the person who swore it acknowledged his signature, and said that the contents were true—I do not know the prisoner.
ALFRED EDWARD THISTLETON . I am a shorthand writer, of 73, Clifford's Inn—I took shorthand notes in Colin v. Thomas Morgan & Co., in the High Court, on January 31st and February 7th this year, when the prisoner gave evidence before Mr. Justice Bigham, and produce a transcript of them which is correct.
ALFRED EDWARD EDMUNDS . I am a shorthand writer—I took shorthand notes in Colin v. Thomas Morgan & Co., before Justice Bigham, on January 30th, February 9th, and February 14th—the prisoner gave evidence on January 30th and February 14th—I produce transcripts of my notes on both dateb——they are correct.
MARIE EUGENIE COLIN (Interpreted). I am a widow, and live at Nancy—Felix Charles E. Colin is my son—he is now 17 1/2 years old—he was living with me in March last year, and left on March 12th—when he had gone I missed my cash-box, containing securities value about 60,000 francs—I gave notice of opposition next day, and they were published in the Bulletin des Oppositiones—I first saw it on March 23rd, but it had been in before—I ascertained that my son came to this country with a woman
named Felicite Baillee—I came here on March 25th, and the woman was aken in custody soon afterwardb——I gave evidence against her at Bow Street, and she was taken back to be tried at Nancy—I was present—she was convicted and sentenced to six months, for receiving these bonds—among them there were six certificates of French Rentes, Nos. 870983, 885836, 727427, 927190, 927191, and 500124—there were also two Egyptian Unified Debt certificates, Nos. 103761 and 1139840, and four Belgian 4 1/2 per cent, bonds of 1897, Nos. 1558 of series B; also five Swiss Railway 3 per cent, bonds, and one Swiss Federal Loan of 1886, but the number was changed afterwards and removed to 1896; also five bonds of the Ottoman Customs Loan, 245882, 259574, 259575, 259581, and 263378; also five Russian Railway bonds of 1889, Nos. 87645, 87646, 87654, 87655, and 87656; also two Russian 3 per cent, bonds of 1896, Nos. 5688 and 5689, and two Russian 3 1/2 per cent. bonds of 1894, Nos. 120781 and 120782—after Felicite Baillee was taken back to France I commenced an action against Thomas Morgan & Co. to recover some of my bondb——Mr. Double was my solicitor first, but he died during the proceedings, and Mr. North succeeded him—I was present at the trial of the action, and some of the bonds were handed back to me in Court; they are now in my solicitor's possession.
EMILIO CREVELLI . I am a waiter, and live at 400, Euston Road—on Sunday, March 19th, I was keeping an hotel at 40, Fitzroy Street, and a young man named Felix Colin came with a woman, said to be his wife, and a child, about five years old—on the following Wednesday I went with Colin to the City Bank, in Shaftesbury Avenue, and introduced him to the manager—he produced some foreign securities to be changed, but the manager declined—I then went with Colin to a money changer named Shool in Shaftesbury Avenue, and the securities were produced, but he declined to change them—we then went to Morgan & Co., of 26, Coventry Street—I had never been there before—we saw a young man and made an appointment for the next day—the prisoner was away—we went again next day and saw the prisoner—I addressed the prisoner as Mr. Morgan, and spoke English to him—Colin spoke in French, and I translated it—the prisoner did not speak French on that day; everything that was said between Colin and the prisoner was said through me—Colin produced a great number of securities to Warren, who picked out six French Rentes and said he would try and sell them and put them on the market, and I think he gave a receipt for them—Colin wanted £50 or £60 at once, but no money was given to him that day—I went there next day and saw Colin sign this: "Sold to Thos. Morgan & Co. two foreign bonds, the payment of which I guarantee.—F. Colin"—on March 27th I was there again with Colin and the lady I understood to be his wife, and saw him receive £50 from Warren and give this receipt (Produced)—Colin also got three tickets for the Alhambra for the evening—we then went to a public-house almost facing—next day, the 28th, I went again with Colin to Morgan's, and he produced other securitieb——the conversation all took place through me—Warren picked out some of the securities, and Colin asked for some more money—Warren said he would give him some more when he had sold the securities, and gave Colin this document (Produced)—Colin said that there were some securities
not mentioned in the document, and Warren looked at it and added something—no money passed on that occasion, and no price was mentioned—Colin and the lady left the hotel two or three days afterwards, and gave me their addresb——I went to 26, Coventry Street, with this letter from Colin to get some money—it is dated March 29th—I only got £15; but I went again on another day, and got a further sum of £5—the receipt was written the next day—I gave a receipt for all the money I received—the prisoner was called upon at Bow Street to produce the receipt, and that is the only one I received—I also received £10 or £15—Colin was then living in lodgings in Euston Road—I told him something at the end of March or the beginning of April, and he thereupon left London and wrote to me, and gave me his address at Southampton, in consequence of which I went to 25, Coventry Street, and asked for more money for him, but got none—I got information from a young, man, and telegraphed to Colin—I never got any more money for him, and never saw Warren again till shortly before the action in the High Court—I saw Colin's arrest in the paper—the woman was arrested too.
Cross-examined. Colin looked about 23 or 24, and stood 6ft. high—he told me that his father died without a will, and he had come into a lot of property, and that led up to his showing me the foreign securitieb——I bank at the City Bank—I was so satisfied with the truth of his story that I took him there, and he told the prisoner the same story that he had told me; that his father died intestate, and he wanted to raise money on the bonds for the purpose of travelling—the prisoner said, "Are these bonds your absolute property?" and Colin said, "Yes"—he said to Colin, "Your father left you a lot of securities?"—he said, "Yes, I have more than these," and took out a book and entered the numbers and descriptions of those he handed to Warren, and called Warren's attention to the fact that one bond was omitted—the French lady did not go with us when we had the wine, but I think she was in Morgan's place when we were there—she was about 27 years of age—it was a wine bar of an hotel—altogether I have received from Warren about £35—besides these receipts for £15 and £5, I think I received another £10, and gave a receipt for it; out of that he paid my hotel bill—Inspector Sexton and I had a conversation, and I went and told Colin, and he disappeared—I never saw him again till I saw him at Bow Street—I think Colin went to Morgan's more than once with me—these people had two or three Gladstone bags with them.
Re-examined. When we were in the public-house Warren said, "You get him to leave the other securities with me, and I will give you a commission"—I said nothing to that—Colin heard it, but he cannot speak a word of English—Morgan took me inside and said that to me.
JACQUES VICTOR M. J. REBBECQ (Interpreted). I am a' broker, of 12, Rue Ducatre, Parib——among my correspondents were Thomas Morgan & Co., of Coventry Street, London—I received this letter in French from them, enclosing six French Rentes, and giving the numbers of them, which correspond with the numbers of the bonds in my hand—(The letter requested the witness to negotiate the bonds on Saturday, as the client wished to make some payments at once.)—I sold the bonds on Saturday, March 25th, for about £210 English money, and remitted the proceeds
the same day—this (Produced) is the acknowledgment of my letter—on March 28th I received this letter—(Inquiring whether the witness could negotiate some Russian and Swiss bonds.)—French Government Rentes are not the subject of opposition at all—I replied by this letter—(This stated that even when no opposition appeared, as the bonds might be in the possession of third parties, 10 days must elapse first.)—it depends upon whether the verification is anterior or posterior to the opposition—after we see the bulletin of opposition we are not responsible—I then received this telegram: "Is it possible to negotiate bonds. Reply; write us fully"—I replied by letter, and then received this letter of April 8th—(From Morgan & Co.: "The opposition appeared in the Opposition Journal of March 19th, but we bought the bonds several days before that; are they negotiable in Belgium and Switzerland?")—I answered that on April 11th—there has been a transfer since, but I do not know to what it referb——I think they were negotiated afterwards, but there were many formalities, which occupied about two monthb——I received a letter en April 24th, containing two Russian bonds and six Russian couponb——I negotiated them on the Bourse—they might have been the subject of opposition, but they were not actually so; there was no opposition published in the paperb——I then received this letter, containing two Russian coupons, 3 1/2 fr., and then this letter, enclosing the coupons of some Belgian Government bondb——I sold them, and placed the money to Mr. Morgan's credit—when the obligation of bonds is opposed the coupons are opposed also, even when they are due—the Bulletin des Oppositiones contains the numbers of any bonds stolen or lost, or which have disappeared—it is published by a private syndicate, authorised by the law.
Cross-examined. Supposing you owe me money, and I know that certain bonds have come into your possession, I could put in an opposition to prevent the creditors dealing with them—there is no indication in the paper itself to show that the securities therein contained are stolen or lost, but it is necessary to inform the syndicate whether they are stolen or lost; the paper would show that there was some opposition to the title—we cannot recognise anything but the numbers.
Re-examined. If any person unlawfully puts into the Bulletin anything which ought not to be there he is liable to an action for damageb——any person to whom bonds are presented can ascertain the cause of the opposition by applying at the office of the paper—the editor is appointed by the council of the syndicate.
MAX HIRSCHBERG . I am chief clerk in the correspondence department of the Breslau Bank—Morgan & Co., of London, were among their correspondents—I produce a letter from them of April 25th, enclosing three bonds, and requesting us to remit the proceeds in German money—on May 3rd we received a telegram: "Please negotiate these bonds to-day at best price obtainable. MORGAN "—we afterwards sent this letter, dated May 3rd—(Stating that they had sold the bonds for 4,000fr., and that the account would follow.)—on May 4th we wrote, enclosing a cheque for £124; the total was about £129—(Correspondence between the witness and Morgan & Co. was put in respecting the sale of Egyptian Unified bonds 1037661 and 1139840, also of Ottoman bonds, Russian Consols, and
Swiss Federal bonds.)—the Swiss Railway bonds were the subject of opposition, and an action has been brought against us which is still pending—the Egyptian Unified are not the subject of opposition, but we have not been asked to take them back—we did not discover that they were in the list till the last few dayb——I have been here all the time—I have got the list—official documents are not mentioned—the document I mentioned is an official document—we have been corresponding with Morgan & Co. since 1897—when we get securities irom a regular correspondent we examine them with the list in the same careful way—they were not in the list then—there is a special clerk whose business it is to do that.
Cross-examined. Ours is a bank; our head office is in Breslau, and we have correspondents in every city in Europe—we have four or five in Paris in connection with banking businesb——we received from the prisoner Russian bonds of three different descriptions, 100 Ottomans, and two Egyptian Unified—we never received from our Paris correspondents any announcement that the Egyptian Unified were protested—they art mentioned in this paper—these Swiss Railway bonds are the property of the State—I discovered on June 9th that they were under opposition—the Breslau police would get the numbers, and we receive from them every day a list of stolen securities as soon as they get the numbers, warning us not to deal with them—we call that the official list—we received notification of these bonds from the police, and of the Russian bonds also, about 10 days after they came into our possession—we attempted to sell them before we knew they were stolen, and the same with the Ottomanb——we never received any instruction that the Egyptians were stolen till I came here—we have dealt with this firm five years, and never had any trouble with bonds before—I think we sold the Egyptians in Germany; I am not sure.
CORNELIUS SEXTON (Police Inspector). On April 11th, 1899, I arrested Felicite Baillee in Southampton; Felix Colin was with her—I took them both to London, to Bow Street—I took from Colin, at Southampton, 39 bonds, value £1,400—they were handed to his mother at Bow Street—after I found the bonds, Colin handed me this receipt, which he took from his pocket, and said, "This is what you want"—I went to Morgan's office next morning, told him who I was, and produced this receipt, and told him I had at Bow Street a young man named Felix Colin for stealing bonds, and that he had better not part with them—he said, "I did not know they were stolen; I bought them over the counter in the ordinary way of business, and you can do as you like"—I then left—I had not seen the mother, and had no authority to take him in custody—I did not know Colin had stolen the property—on March 23rd Inspector Harle and I met the prisoner in the street and suggested that he should return to 26, Coventry Street, where I would read the warrant to him—we did so—I produced it and read it—it charged him with feloniously receiving and dealing—he replied, "If it is so, it is so; I dare say it will be answered all right"—I took him to Bow Street, where he was charged—he made no answer—I returned to 26, Coventry Street, where I found, among many documents, this book of counterfoils (Produced,) some hundreds of copies of the Bulletin Official, with dates corresponding
with 224 a—two were endorsed, and the other exhibits mentioned in this list produced; not the whole of the bonds mentioned, but those addressed to Mr. Morgan—on April 21st I served a copy of this notice to produce on the prisoner at H.M Prison, Holloway.
Cross-examined. I have no note of the conversation on April 13th 1899—the woman was brought up under extradition—Morgan was not subpcenaed, although I showed him the receipt—just prior to the trial before Mr. Justice Bigham I was subpoenaed by the plaintiff—that was about January, 1900—I went to Coventry Street at 10.10 or 10.15 a.m.—I went to the office—I was in charge all night—Oscar Warren, a young clerk, and Morgan were there.
Re-examined. The delay is accounted for by the proceedings in the High Court, and I had no grounds to arrest him—documents were impounded on the second hearing, about February 14th.
EDWARD CLARKE . I am one of the firm of Noon & Clarke, solicitors, of 31, Great St. Helen'b——on September 28th, 1892, the prisoner came to me and wanted me to advance Morgan & Co. £50 for a few days, as they had a pressing need, and that he would deposit two bonds, taking them out of his pocket—I believe these are them (120781 and 120782)—he said that he had taken them in the way of businesb——he took off the coupons which were just due, and said, "I am going to detach these"—I gave him this cheque for £40 (Produced,) and he gave me a bill, which ultimately was handed back to him, and he paid £20 on account—I cashed two of the couponb——he paid off £20 on, I think, the 29th—some proceedings were taken by my solicitor on behalf of my clerk—he actually owed £21 and the costs of the action—he gave a fresh bill—some time before January 29th I handed these bills to my stockbroker to be turned into money—I got this letter (Produced,) and on January 31st I wrote to Warren—(This letter stated that, to far as the broker knew, the bonds were stolen bonds, and asking for an explanation, or the matter would be put into the hands of the police the next morning.)—I had not observed the newspaper reports that morning in Colin's case—I then received this letter from Warren: "Will see you to-morrow in reference to your letter, which I cannot understand"—I showed him my broker's letter, and he said that it was a mistake, that the bonds were perfectly correct; he had taken them in the ordinary way of business, and would see the stock-broker—I said, "I do not care about that; you must take them up at once"—he said, "If I bring you Miss Marwick's cheque will you hand me over the bonds?"—I said, "Yes"—I then got this note in pencil: "My son will see you"—the son called on me in the morning, and I handed him the two bonds, and got this receipt, signed "O. Warren"—this (Produced) is a post-dated cheque of Mary Marwick; it has never been met.
Cross-examined by MR. GEOGHEGAN. My clerk advanced the money on September 28th, and I instructed my stockbroker next day to make careful inquirieb——he said that it was quite correct, and the first time I heard that it was suspected that there was anything wrong was towards the end of January, 1900—I said at the Police-court, "The transactions I have had with the prisoner prior to this were perfectly satisfactory; when he
called on January 21st he said that the bonds were quite straight, and he would see my stockbroker about it."
Cross-examined. I sent a clerk to my stockbroker; I did not go myself—the real question was whether they were negotiable—the clerk's name is Clark—he is not here—he is no relation of mine—he asked whether they were forgeries or not, but I was not present to say whether that was the only question he asked—they are the same brokers who wrote the letter stating that they were of too suspicious a character for them to have anything to do with them.
ARTHUR EDWARD MAHER . I am clerk to Radnell & Co, stockbrokers, of 2, Copthall Court—these two Russian bonds were brought to me in January by somebody from Messrs. Noon & Clark, who asked what the price was in the market, and I marked it on one of the bonds, 92—this is it; it is my writing—on January 30th they were brought to me to be sold—I made inquiries, and wrote the letter of January 31st, returning them and stating that they were of too suspicious a character—I examined the Bulletin Officiel, and found the numbers of the bonds there—stockbrokers are in the habit of consulting the Bulletin when such bonds are brought them, and if they are found there that would be a bad delivery.
LOUIS CHARLES BEAUCHAMP . I am a member of the Stock Exchange, at 2, Copthall Buildingb——I have valued the securities in the action—the six French Rentes of March 7th, 1899, are worth £242; the two Egyptian Unified, £211; the five Ottomans, £500; the Belgian bonds, £23; the five Russian Railway 4 per cent, bonds, £102 18s.; the two Russian 3 per cent, bonds, £36; the five Swiss Railway 3 per cent, bonds, £209; and the Swiss Federal bond, £39—when foreign bonds are presented to members of the Stock Exchange, the custom is to examine the Bulletin to see whether they are stock bonds; and if they are, we cannot deal with them—when they get to their country of origin they may be stopped.
Cross-examined. There is no market in London for the Federal bonds or for the Russian, or for the Belgians; there is for the Ottomans, a limited one.
Re-examined. There is 1/2 or 1/4 difference in the price of Egyptian Unified in London and Berlin—Paris is better than London; there is a closer market—it may be to your advantage to send them to Berlin, or to your disadvantage; the amount would not be more than 20s. or 30s.—you have also to remit to London, and the exchange would have to be debited.
LEONARD ALFRED LOUVAINE NORTH . I am a solicitor, of 31, Birkbeck Bank Chamberb——I was solicitor for the plaintiff in the action against Colin after the death of Mr. Double—I was instructed, on December 15th, 1899, and soon afterwards I applied to the defendant's solicitors to produce the bonds mentioned as being in their possession—they were not produced—I then applied in Chambers to have them brought into Court for safe custody—the defendant appeared and opposed that, and they were not brought into Court—the action came on before Justice Bigham on January 19th, 1900—Counsel for the plaintiff opened the case, and in the course of the opening an arrangement was come to, and the defendants consented to judgment, ordering them to hand over the bonds and pay the value of the other bonds and £85 which had been paid to Felix Colin,
but the two Russian bonds were excluded; we did not know where they were; they were never admitted to have been in his possession—the bonds mentioned in paragraph 9 were handed to me in Court, with the exception of the two Ottoman bonds; he handed them to his Counsel himself, and I received them from the Counsel—the other Ottoman bond was handed to me at a later date—I was by no means satisfied that the bonds not in his possession were irrecoverable, and Warren was put into the witness-box and sworn, and cross-examined by Mr. Williamb——the case was adjourned to enable me to go to the prisoner's office and see the books; he had, up to that time, refused to let me see them—Counsel made the appointment in Court—I went there, and asked him to produce his books and documentb——he said he did not keep any, but he produced four letters, which were afterwards included in the impounded documents—the hearing was resumed on January 7th, and adjourned again for the defendant to pay the agreed due balance—on February 2nd I got a communication with reference to the two 3 1/2 per cent. Russian bondb——I communicated with the prisoner by letter, and while my clerk was out with the letter I was called by the telephone, and recognised the prisoner's voice; he wanted to enter into an arrangement; but I declined, and said, "I give you notice that if you do not bring over to me at once the two Russian bonds Messrs. Noon & Clark handed to you this morning, I shall apply to the Judge"—he said, "Yes; I am coming round to-morrow morning"—up to that time he had denied in his answers to interrogatories, that he had them—I first knew that he had them through the stockbrokerb——next morning, February 3rd, the prisoner and his solicitor called and handed me the two Russian bonds, and also one Ottoman—he offered no explanation about having them—they are the same bonds referred to in his interrogatories—on the morning of February 7th he and his solicitor called again, and handed me £80 in cash and a certificate of French Rentes in the name of Mme. Colin, with the figures "260" placed on it—the hearing of the case in Court was resumed that day, and the Judge was informed, in the prisoner's hearing, that the bonds mentioned at the last hearing had not been produced—the hearing was adjourned, and the Judge directed me to go with the prisoner to his office, and directed him to hand over the books to me, and bring them to the Court, and after some considerable difficulty I got them—the Judge directed me to keep them till further orders—on February 14th I produced them in Court, and they were impounded together with some other books produced by the prisoner which I had not succeeded in getting on the 7th, two letter-books, one ledger, and three day-books (Produced)—the prisoner's son produced a day-book on February 14th, and that was impounded also—in the letter-book on April 10th, 1899, there is a copy of a letter to Lombard & Co., of Geneva (This stated that bonds were enclosed, and asked for their return in cash), and on April 12th there is a telegram from the same to the same, "Are bonds sold? Reply, price"—here is a letter of April 11th: "We beg to acknowledge your telegram, and await your remittance; further, we enclose you four bonds, which please negotiate forthwith"—(Other letters between the prisoner and Messrs. Lombard were read, enclosing bonds for sale, and asking for remittances)
—Mr. Justice Bigham asked the prisoner what he had done with the Belgian bond, whether he could trace it in the books—he said, "No"—the Judge offered him a chair to support his books, but he said that it was of no use—when I got the books I traced it, and spoke to the prisoner about it through the telephone, and declined to have any discussion till he handed over the bond—I put it to him again, and he said, "Oh, yes, I will look for the bond at once"—that was on February 7th, after the hearing, I think—on Friday, February 9th, fresh Counsel appeared, and he was asked to make an affidavit of documents and deliver it to me on the Monday—I got it on the 14th, and the Belgian bond was included in the documents in his possession—among the documents impounded were the original documents coming from the Breslau Bank—they were not found in his possession—the hearing concluded on February 14th, and formal judgment was given on March 29th for £542 and costs, not a penny of which has been paid—I have examined the ledger account of Felix Colin, and compared it with the correspondence and with the day-book—I found that £207 17s. 6d. was received for the French Rentes, and only £151 15s. 6d. is credited, the deficiency being £56—the six Swiss bonds are credited at £60 14s. 4d., as against £78 14s. actually received; the deficiency is about £18—there is a deficiency on the Swiss bonds of £40—the two Egyptians realised £211 10s. 6d., and he has only credited £182 1s. 6d., the deficiency being over £21—the total deficiency is £143 against Colin—the prisoner kept two day-books; one shows the actual amount received, and the other the leaser amounts, so that if any person asked to see the account it would appear to be correct if he did not find the second day-book—I checked these accounts, and found them to be the true amounts—the prisoner himself produced Exhibit 67 before the Judge in Court, also Mr. Double's letter of May 16th, after the Judge called for it—(This stated: "I am instructed by Madame Colin to ask you to hand over to me all the documents; unless they are handed to me to-morrow I shall proceed against you")—I got this letter from the executors of Mr. Double; it was put to the prisoner in Court, and he said that it was his signature: "We beg to say we have no knowledge of Madame Colin. We bought certain securities from Mr. Colin, etc, but the gentleman who attends to that matter is away for the Whitsun holidays, so must ask you to leave the matter to the end of next week"—the defence was delivered on August 12th, 1899—I do not think be ever had the Austrian bonds—paragraph 5 says that he never had the 2 1/2 Russian bonds, but we recovered them from him through Messrs. Noon & Clark—the 8th paragraph says that the defendant purchased the French Rentes, the Belgian bonds, the Egyptian Unified, and the Swiss Federal for £473 14s., and they still hold £388 14s. to his order, and then they say that the remainder were deposited with the defendant for sale, and are still in his hands, and they seek to charge the plaintiff with the expenses of the sale.
Cross examined. I believe if the husband dies without a will the son is entitled to half the estate—I do not know whether M. Colin died intestate.
taller than I am, but I do not know his height—he does not look older than 18, in my opinion.
THOMAS HENRY GUERRIN . I am an expert in handwriting, of 59, Holborn Viaduct—I was at Bow Street on April 9th, when M. Rebbecq gave evidence—I copied a letter from his letter-book and translated it—I have also translated Exhibits 22 and 25 to 32; they are correct, and also the letters contained in Exhibit 66.
ARTHUR HARE (Chief Inspector). I was present in this Court on April 8th, 1896, when the prisoner was convicted, in the name of Oscar Warren, of obtaining a valuable security by false pretences; he was sentenced on May 18th to six months' hard labour—I produce the certificate—the prisoner is the man.
Cross-examined. The indictment also charged him with unlawfully obtaining credit without stating that he was an undischarged bankrupt—sentence was postponed for him to make restitution, which he did to the extent of £600—the Recorder described him as a very clever journeyman in the art of fraud.
The Prisoner, in his defence, stated, on oath, that he bought the bonds in good faith in the ordinary way of business; that Colin stated that his father was dead, and had left him a considerable amount of property, and he was going to travel, and that he had litigation with his sister; that there was nothing about him which excited surprise, and he conducted himself in a businesslike way; that his son called his attention to the journal in which some of the bonds appeared to be in opposition, but he thought that was through here being a dispute with his sister, and had not the slightest idea that they were improperly come by, and that of the had had the slightest idea that they were stolen he should not have written to Rebbecq to know what he should do with them.
GUILTY .—He then PLEADED GUILTY to a previous conviction of obtaining money by false pretences in 1896. Inspector Hare stated that the prisoner had been under police observation for six years, and that during the last three years complaints had been made against him of not accounting for bonds deposited with him to the amount of£2, 748.— Five Years' Penal Servitude.
OLD COURT.—Friday, May 4th, 1900.
(For the ease of JOHN VEVERS BRUCE, tried this day, see Surrey Cases.)
OLD COURT.—Saturday, May 5th, 1900.
Before Mr. Justice Lawrance.
MESSRS. AVORY and STEPHENSON Prosecuted, and MR. WATT Defended.
Road—I saw the prisoner there when I went in—he had a friend named Lambert with him, also Mr. Donovan. the landlord, Mrs. Regan and her husband the deceased, Mrs. Pratt, and a Mr. Williams—they were all in the saloon bar—I was in the other bar—I could see part of what went on—there was an altercation going on between the prisoner and the others—the deceased did not take any part in it—the prisoner came into the bar where I was—I knew the deceased by sight—he left before the prisoner came into my bar—aftar the prisoner came in the deceased followed—he came in in a threatening manner, raining his hands—I imagine he said something, but I did not hear it—I was not paying much attention to them—the prisoner turned round and stabbed him with his umbrella in the face; he fell down and utterly collapsed—I noticed blood on the floor directly afterwards—I did not see any on his cheek, because it was turned towards the floor—he had not struck any blow when he raised his hands; he had not anything in them—I took my wife out then—I do not know if the prisoner struck the deceased a second time—he made a thrust at him, it was almost simultaneous—the prisoner is bigger than the deceased—I should say they both had had a glass more than was good for them—I went back into the bar—the deceased was still in an unconscious state—I did not see the prisoner leave.
Cross-examined. I was in the inner saloon bar when all this happened, sitting on the settee—when the deceased came into the bar the prisoner was standing up with his back to the deceased; he had the umbrella in his hand; to the best of my memory, he was resting on it—the deceased did not have his hands clenched—I think the prisoner stabbed him on purpose—I think he tried to avoid a quarrel.
WILLIAM GEORGE WILLIAMS . I am a commercial traveller—the deceased was a friend of mine—he was a provision merchant—on March 19th, about 1 p.m., I called for him at his shop, and we went to the Cape of Good Hope public-house, where we had two lemonades and a dash of hitter, after which we went to a coffee shop and had some dinner—about 7.45 we went to the King's Arms—the deceased was then not sober, and he was not drunk—we went into the saloon bar, where we saw the prisoner and a man I now know as Lambert, and Donovan, the landlord—I did not know the prisoner; I was introduced to him, and I introduced the deceased to him—drink was called for by Donovan, and also by the deceased—there was a discussion as to who should pay for it; we all wanted to pay—I think in the end I paid for it—I handed one to the prisoner—he refused it and said, "I don't want to drink with you," and I threw it into the spittoon—I then went upstairs to the lavatory—about tea minutes afterwards I heard a scream—I came down, and saw the deceased lying on a seat, being held by his sister—I saw a wound on his left cheek—I did not see the prisoner or his friend—the deceased did not say anything—next day I took him to the London Hospital with Mrs. Regan, whom I knew—he was seen by a doctor—a bandage and fomentation was put on his face—the doctor did not examine anything except his face—he was to come back the next day, but he was too ill—he was unconscious, and he died
on the 23rd—I did not know that any part of an umbrella was in his head.
Cross-examined. The prisoner did not offer to pay for the drink; he said he did not wish to have a drink.
ELIZA REGAN . I live at 9, St. Ann's Street, Limehouse—the deceased was my husband; he was a provision dealer, and 35 years old—on March 19th he went out with Mr. Williams about 1 o'clock—I expected him back, and as he did not come, at 4 o'clock I went to look for him, with my sister-in-law, Ellen Pratt—about 8.30 we went to the King's Arms; my sister-in-law went in, and came back and spoke to me; we then both went in, and I saw my husband, Mrs. Williams, Mr. Donovan, the prisoner, and Lambert—my husband asked us what we would have; we said a small lemon each and a drop of brandy in it—the men argued among themselves; I do not know what about—the prisoner had an umbrella in his hand—my husband put some money down on the counter, and the prisoner swept it off with his umbrella, and said, in rather an angry way, that he did not require his drink—my husband said, "You have insulted me"—I think he put his hand on the prisoner's shoulder and said, "I think I know who you are; you are Patsy Griffiths"—then he said, "Mind your umbrella," because the prisoner was swerving it too and fro; the point was on the ground, I believe—it looked a very good one—the handle looked thick—it had a gold band on it—the prisoner looked at it and said, "If you had the gold that that contains you would forget yourself"—Mr. Donovan said to the prisoner, "You leave my house; you have insulted a friend and a customer"—I do not remember if my husband said that he wished to speak to the prisoner outside, but they both went out, and also Lambert—I went out, and my sister-in-law—the prisoner and Lambert walked by themselves to the corner of the road—my husband was nearly level with them—the prisoner and his friend went into the public-house, and my husband followed—I went in, too—I was a very little distance behind them, but the curtain hid my husband from view—when I got in I saw my husband falling—he nearly fell on me—the prisoner tried to rush out—I believe he had the same umbrella in his hand—I caught hold of him, and said he had given my husband his death-blow—he swung me away from him, and rushed through the door into the street—Mrs. Donovan, the landlord's wife, went after him—my husband was picked up and placed on a seat—his cheek was bleeding, and his face ashen white—shortly afterwards Mrs. Donovan came back—her bodice was covered with mud—I took my husband home in a cab, and Dr. Welsh came to see him, and put some ice bags to his head—on March 20th I took him to the London Hospital with Mr. Williams—they told him, after seeing him there, to come next day—I took him home, and he got worse—he was unconscious most of the time—he died on March 23rd at 12.10 a.m.—I had never seen the prisoner before—my husband was a very sober man—he could not walk to the hospital—he was paralysed in his limbs.
By the JURY. I did not see the actual blow.
Cross-examined. The money my husband put on the counter was a very small sum; only some coppers—the landlord did not turn the whole party out—he did not turn my husband out—there was no reason for
him to go out, unless it was to speak to the prisoner—they walked out of the house nearly together—my husband only walked into the public-house—I did not see the landlord try to prevent him from going into the inner saloon bar—I did not see him throw the landlord to the ground—the doctor advised that my husband should go to the hospital as an inpatient—my husband sometimes took a little too much, but very seldom.
ELLEN PRATT . I am the wife of Edward Pratt, and sister to the sceased—I was at Mrs. Regan's house about 1 o'clock on March 19th—I remember the deceased going out—about 4 o'clock I went to look for him with Mrs. Regan, and about eight o'clock we found him in the King's Arms with the landlord and Mr. Williams, and a man named Lambert and the prisoner—some drink was called for by the deceased for us—there was a discussion between the men; I do not know what it was about—my brother asked the prisoner to have a glass of beer, and put some money down on the counter—the prisoner swept it off with his umbrella, and said he did not want to drink—I picked the money up—Mr. Donovan said to the prisoner that he had insulted a customer of his, and that he was to get outside—Mr. Williams had gone upstairs—my brother told the prisoner that it was an insult, and told him to come outside—the prisoner and Lambert went out, and my brother followed—Mrs. Regan and myself followed—the prisoner and Lambert went to the corner of the street—my brother got close to them, but did not speak to them, and they turned back into the public-house, and my brother behind them—we followed them—we were going in, but a man frightened me, and I could not go in—I stood screaming—I saw my brother being brought from the inner bar in a state of collapse—the prisoner passed me with the umbrella in his hand—it had a horn handle and two bands of gold—I did not notice anything about it—the prisonerwent out at the door, and Mrs. Donovan followed him—my brother was a quiet man—he had a glass of beer now and again—he was a tall man, but not very stout.
Cross-examined. He was an active man, and a strong one—I saw Mr. Williams pour a glass of bitter into the spittoon—the landlord only turned the prisoner out—my brother went out to ask the prisoner for an explanation as to why he threw the money off the counter—my brother was catching the prisoner and his friend up, and when they turned round they passed him—I did not see the landlord try and prevent my brother from getting into the bar; if he had tried to prevent him I should have seen it—he only walked in—I did not see the landlord struggle with my brother, or see my brother throw the landlord to the ground.
Re-examined. While my brother was following the prisoner outside he did not touch him.
SARAH ANN KEYSER . I am the wife of James Keyser, who has been called—I was with him on March 19th in the King's Arms—coming from the saloon bar, I passed some people who were quarrelling—the prisoner was one of them and the deceased another—I went into the inner bar and sat down—I saw that the prisoner had an umbrella in his hand—I did not see Regan leave the house—I saw them talking then—they seemed to make friends—I had not seen them have bets—I saw the prisoner and his friend come into the saloon bar, and then all of a sudden the deceased
came running in in an excited state, and made use of something I did not hear—his hands were up, but I cannot say what he wan going to do—he had nothing in his hands—I cannot say if his fists were clenched—the prisoner was not facing him when he came in, but he turned round and struck him with the umbrella in the face—I cannot nay if there was more than one blow, because I came over faint—I cannot say what happened to the prisoner.
Cross-examined. The prisoner raised the umbrella—I think he did strike the deceased—I do not think the deceased was benning forward.
Re-examined. It did not appear to be an accident.
JAMES ATHERTON . I am an engineer, and went into the King's Arms public-house on March 19th, about 9.30, into the back saloon bar—as I passed through the front bar I saw some men there having an argument—I was in the back saloon bar about five minutes—I went out to meet my wife, and as I was coming back with her I met the prisoner and Lambert, with Mrs. Donovan after them—I caught hold of the prisoner—he had an umbrella in his hand—I did not notice anything peculiar about it—he was holding it by the centre, with the handle up—he pushed the centre of it into my face, and I let go of him—three men, whom I do not recognise, struck the prisoner—some policemen came up—I did not speak to the prisoner—he got away.
Cross-examined. He did not strike me, he struck at me.
JOHN DONOVAN . I keep the King's Arms—I remember the prisoner and Lambert coming in on March 19th, about 7.30—then Williams and Regan came in, and afterwards Mrs. Regan and Mrs. Pratt—Regan called for drink for the company—that was before Mrs. Regan and Mrs. Pratt came—Williams upset the prisoner's glass—Regan put his hand into his pocket, and put 2d. down for another glass for the prisoner, who said, "No, I will not drink with you," and he swept the 2d. off the counter on to the floor—the prisoner had an umbrella in his hand—I ordered them into the street, and they all went—then the prisoner came back with Lambert, and went into the inner saloon—then Regan came in—I met him at the door which led to the street—he was making a rush—I intercepted him. but he overpowered me, and I was thrown down on the floor—I did not see what happened in the inner bar—I saw Regan fall, but I did not see what knocked him down—the prisoner was standing close by, holding the umbrella in his hand—Regan was bleeding slightly from the left side of his nostril—I did not see the prisoner go out—I knew Regan before—I knew the prisoner by sight, but not to speak to.
Cross-examined. I turned all the parties out—the prisoner seemed anxious to avoid a quarrel—when the deceased threw me to the ground it blackened my shoulder—before I had time to get up the whole thing was over—then I went and helped the deceased.
Re-examined. I cannot say that any of the men were drunk.
By the JURY. The deceased was bigger than the prisoner.
CLARA DONOVAN . I am the wife of the last witness—on the evening of March 19th I saw the prisoner, Lambert, the deceased, Williams, and Pratt together in the saloon bar—the deceased called for a glass of bitter for the prisoner—it was not served—I did not hear what was said when the money was swept off the counter—I heard the deceased say, "That
is an insult to me, and I have a good mind to make you pay for it"—I did not see the blow struck with the umbrella, but after the deceased fell the prisoner walked out—I followed him, and caught him up in the middle of the Commercial Road—I cannot swear that he had an umbrella in his hand then—I went after him to give him in charge, because I knew they had had a quarrel, and I had seen the deceased fall—I said to him, "You have hurt Regan, and I will give you in charge"—he turned round and knocked me in the mud—it was not a very hard blow—I got up and followed him till I met a policeman—I said I would give him in charge for throwing me over; I was so confused—the policeman said I had better take out a summons—I think I mentioned what had happened in the public-house, but I was excited.
Cross-examined. I went out with the intention of stopping the prisoner—there were a number of people round him, striking at him—he was there when the policeman came.
WILLIAM TAYLOR (445 H). On March 19th, about 9.30 p.m., I saw a crowd in Commercial Road—I saw the prisoner and Lambert—I said to the prisoner, "What is the matter?"—he said, "All these men are fighting me and my friend; I will fight them all, one at a time"—Mrs. Donovan said, "I will charge that man," pointing to the prisoner—I said, "What with?"—she said, "For pushing me down"—I said, "You don't look much hurt"—she said, "No"—I said, "You can have his name and address, and apply to a Magistrate for a summons"—I said to the prisoner, "What is your name?"—he said, "Albert Lambert"—I said, "Where do you live?"—he said, "75, Cripp Street; Poplar"—I then let him go, and went to the King's Arms to see Mrs. Donovan, to give her the name and address—I did not hear then of a man having been injured—a sergeant inquired at 75, Cripp Street, and found it was false—I did not notice anything in the prisoner's hand—he had no hat on—Lambert was there—I did not notice anything in his hand.
Cross-examined. I did not see any man strike the prisoner—I am sure it was not Lambert who gave the address—the prisoner made no attempt to get away from me—Lambert was quite close—I do not know if he could hear what the prisoner said—I do not know if it is Lambert's address which the prisoner gave—I told Mrs. Donovan that I did not think she was much hurt—I did not think it was a case for me to take the man up—I did not go into the public-house—I waited outside 10 or 15 minutes—the prisoner was sober.
CHARLES WELSH, L.S.A . On March 19th, at 11.30 p.m., I saw the deceased at St. Ann's Street—he was conscious, and suffering from a lacerated wound on his left cheek about 1/2 in. long, close to the nostril—his wife made a statement to me—I dressed the wound—I found the bone of the upper jaw fractured—I probed the wound—it extended as far as the bone—he was in an excitable condition—I did not find any foreign substance—I advised his removal to the hospital—on March 20th I visited him at his house—he was rather better in the morning—I did not see the slightest sign of brain injury—he went to the hospital again that day—he came back, and I saw him again in the evening—he was much the same then, only his temperature was slightly raised—on the 21st his temperature was normal—on the 22nd I found
indications of brain trouble—between 11 and 12 the same morning he was seen by Dr. Grant and myself; he was then unconscious—the wound was probed by Dr. Grant—no foreign substance was found—I saw him again that night, and he died next day—I made a post-mortem with Dr. Smith and Dr. Grant—externally the wound was as I have described it, but we found the end of an umbrella stick embedded in the skull—this is it (Produced;) it is 4 1/2 in. long, and made of some kind of metal—it was embedded in a slightly inward and almost directly backward direction—it was flush with the bone—1 in. of it had penetrated the brain—it had stopped just through the broken bone—this circular, cup-shaped piece was also embedded in the bone—none of it was visible from the outside—the cause of death was the presence of the foreign body in the brain, and there was an abscess in the brain—the deceased did not give me any account of the accident; he was in a condition to do so—his wife made a statement as to the cause of the accident—the amount of force used must have been very considerable—I had difficulty in getting it out of the bone—I had to tap it from behind, it was so firmly fixed—it was quite a hopeless case from the beginning—there was nothing to suggest that this injury to the brain was there—I carefully examined him for brain symptoms.
Cross-examined. I examined him more carefully in consequence of the history that was given me of the case; the symptoms seemed more severe than one would expect from the injury—I examined the inside of the mouth, but found nothing; I detected no wound to the bone; the umbrella stick went through the upper jawbone, and the sphenoid bone; that would be considerably above the teeth; it also went through the antrum, which is an exceedingly thin plate of bone—the basillary process was penetrated; that lies a little higher in the skull than the greater part of the sphenoid bone—I have been in surgical practice about two years—I obtained my qualification last October twelve months—I was never called to a case of injury to the base of the skull before or since—I have seen cases in hospital.
FREDERICK JOHN SMITH . I live at 138, Harley Street, and am lecturer at the London Hospital—I have had very considerable experience in these cases—I assisted Dr. Welsh and Dr. Grant at the post-mortem—I found only a small wound on the cheek; inside we found this piece of umbrella; there was considerable difficulty in getting it out—the force which had been used must have been considerable.
Cross-examined. The man's head must havebeen about level to the prisoner—if the prisoner had been resting on the umbrella, and then someone came hastily towards him and brought the umbrella up, that would not account for the injuries—the hand holding the weapon must have been very firmly held.
HENRY RICHARDSON (Police Sergeant). On March 23rd I went to the Clarence Hotel, Aldersgate Street, and saw the prisoner—I was with another officer—I said, "We are police-officers; is your name Griffiths?"—he said, "No; my name is Smith"—I said, "Where do you live?"—I he replied, "Over at Newington"—I said, "I advise you to be very careful; I believe your name to be Griffiths, and shall arrest you for causing the death of Daniel Regan by stabbing him in the face with an umbrella
at the King's Arms public-house, Commercial Road, on Monday night last—he said, "Oh, you mean that row; that in right; my name is Griffiths; there was about a dozen of them set about me and done me for my little lot; they gave me a black eye, and I ran away, and they set about me again"—I conveyed him to Shadwell Police-station, where he was placed among seven others, and identified by the witnesses—when charged he made no reply—he was at the inquest, and was asked if he would like to give evidence, and he said that he would not.
The prisoner, in his defence, on oath, said that the deceased rushed into the public-house and came at him, that he stepped back and put his hands up, that he had the umbrella in his hand, and the deceased rushed on to it, that he did not stab him, and that it was an accident.
NOT GUILTY .
THIRD COURT.—Saturday, May, 5th, 1900.
Before Mr. Common Serjeant.
MR. CAMPBELL Prosecuted, and MR. BURNIE Defended Friedberg.
The JURY during the progress of the case stated they could not rely upon the evidence.
NOT GUILTY .
MR. CAMPBELL, for the Prosecution, offered no evidence.
NOT GUILTY .
OLD COURT.—Monday, May 7th, 1900.
Before Mr. Recorder.
316. ROBERT CORDOR (33) , Feloniously wounding Richard Corder, with intent to do him grievous bodily harm. The prisoner having stated that he was GUILTYof unlawfully wounding, the JURY returned that verdict. —Three Months' Imprisonment in the Second Division.
(For the case of FRANK FAIRFIELD NORRIS, see Surrey Cases.)
NEW COURT.—Monday, May 7th, 1900.
Before Mr. Common Serjeant.
MR. HARRISON Prosecuted.
MAY LOUISA HARRIS . I am 15 years old, and live with my aunt at 34, Goldsmith Road—I have known the prisoner six months, but only six weeks to speak to—he is a tailor, and lodges in the same house—on Saturday, April 14th, I was going to work—I left home about 9.30—I work in the Almshouses—I saw the prisoner standing by a big tree right in the middle of the Almshouses—he came across and said, "Halloa!"—
I made a similar remark—he said, "Are you going to work?"—he was then standing by my side—he said, "It is rather late, if not it?"—I said, "It is half-past 9"—I then got on to the next step of the Almshouses, and he was nearly behind me, and shot me—I did not hear the shot, but felt it—this (Produced) is the hat I was wearing—here is the mark on it—I turned round and said, "Arthur, what are you doing?" and saw him put something like metal in his pocket—he said, "I have done it now"—I went up the furthest steps from our house, and he threw me into the road—while I was lying there he was sitting there—got up and ran towards the first step, the nearest to our house—he ran after me, and caught me again, and I think he knocked me down, but I do not remember—I ran into the pump-yard at the left-hand corner; he followed me there—I came out again and called out, and was taken into one of the houses—I saw the police in the house—I was taken to the Police-station, and my injuries were treated by a doctor—I had been thinking of going to Bristol, and told the prisoner so the same week, and he said, "I'll bet you a quid you won't go away on Saturday."
Cross-examined by the Prisoner. I did not ask you to come upstairs with me and see me bathe, or to see you dress, or anything like that—I went to the loft that week, to take some papers up, but I do not remember kicking you between your legs—I have had no quarrel with you—you were saying something once, and I just lifted my clothes up, but I did not put them over my head—I did not lift my dress so as to be indecent.
FRANK WELLS . I am a carman, of 16, George Road, Acton—on April 14th, about 9 o'clock, I was in Acton, opposite the Goldsmith Almshouses, and heard the report of a pistol, and saw the prisoner kicking the prosecutrix—another girl came up—I could not get over the railings, because they are so high—the prosecutrix ran away, and the prisoner followed her into the Almshouses.
FANNY SARAH HUNT . I am a lady's companion, and live at 1, Goldsmith Buildings, Acton—on April 14th, about 9.15, I was in the front room and heard a loud report—I went outside and saw the prisoner with the girl on the steps—they appeared to be wrestling—the prisoner said, "I will give it to you for telling lies about me," and started kicking her—he kicked her several times—she was sitting on the steps—she got up, and went across the road, and the prisoner followed her and began kicking her again—I went over to her, and asked him what he was doing—he did not say, but walked back to the steps—I ran to the other steps opposite No. 20, and assisted the girl on each side the bridge, and the prisoner pulled me back—she went into the building, and ran to the other side, to the pump-yard, and the prisoner caught her again, but I did not see what he did—I went to the other end, and saw him on the chapel steps—the gardener stopped him—I took the girl into the house—she was bleeding from her head—she went to the station.
GEORGE SMART . I am a gardener employed at the Goldsmiths' Alms-houses, Acton—on April 14th I went into the pump yard, and saw the girl lying on the ground, and the prisoner beating her about her head and face with his fists—I spoke to him, and he released her—he was very much excited, and looked very wild—I asked him what it all meant, and
where he worked—he said that he worked for Mr. Morris, a florist—he went a few yards' distance, took a bottle out, put it to his mouth, and apparently drank the contents, and threw the bottle on the ground—I picked it up—it was labelled "Laudanum"—I put it down on the pavement, and Mr. Hall picked it up.
Cross-examined. She did not fall on the ground and you on top of her, she was on the ground, and you were stooping down, beating her about her head and face with your fists.
FREDERICK HALL . I live at 15, Goldsmiths' Almshouses, Acton—on April 14th I heard a scream, went to the front door, and saw the gardener and the prisoner standing a few doors off—the prisoner had this bottle (Produced) to his mouth, apparently to drink the whole of the contents—he put it on the ground, and the gardener picked it up and put it down again—I picked it up, and gave it to a policeman—on my return I picked up this pistol (Produced) on the path at the western entrance of the Almshouses.
EDWARD DUDGEON (61 X). On the morning of April 14th I went to the Goldsmiths' Almshouses, and saw the prisoner detained in the front parlour—the girl was in the back kitchen, bleeding from her head and left side—I took her into the room where the prisoner was, and said to her, "Who did this?"—she said, "I was coming to work, and he," pointing to the prisoner, said, "'Are you going to work?' I said, 'Yes, I am going to work; it is just half-past 9,' and then he shot me about there," pointing to the steps—I told him I should charge him with shooting the girl—he replied, "I have taken something; can I have some water?"—this bottle was then handed to me, labelled "Laudanum, Poison"—I gave him some water, and the doctor afterwards gave him an emetic—I then took him to the Police-station.
HENRY BAILEY LINGHAM . I am Divisional Surgeon to the Police at Acton—on April 14th I examined the prosecutrix at the station, and found a small wound at the top of her head, and about two in. from it I detected a bullet under the scalp on the right Hide—my partner extracted it—this is it (Produced)—she also had a contusion on her left hand, and her left thumb was lacerated—there were considerable bruises on her shoulder, and she complained of pain on her ribs on her right side, but there was no mark of violence there.
Prisoner's Defence: I am very sorry I done it.
GUILTY .— Five Years' Penal Servitude.
MR. HUTTON Prosecuted.
GUILTY of indecent assaults.— Twelve Months' Hard Labour.
MR. PASSMORE Prosecuted.
ALFRED JARMAN . I am an electrical engineer, and live at 5, Highfield Terrace, Lewisham—on Saturday evening, April 14th, I was in Cannon Street—I saw the prisoner there—I had never seen him before—we got into conversation—I think he spoke to me first—we went and had one cor two drinks together in the Dyers' Arms, next door to Cannon Street Station—we stayed some considerable time there—we went out together and walked down Cannon Street towards London Bridge—when we got to the corner of Arthur Street West, the prisoner snatched my chain and bolted down Arthur Street West—my watch was left in my pocket; the swivel was on it as it is now—I followed the prisoner—I was not 20 yards behind him—I called out, "Stop thief!"—we went down under London Bridge arch, and he was stopped by a constable—there had been no quarrel at all—he was quite sober, and so was I—this (Produced) is the chain.
THOMAS TREDGER (833, City). On April 14th I heard cries in Lower Thames Street—I was standing in a dark spot in Thames Street, near a dry arch—I saw the prisoner running from Upper Thames Street into Lower Thames Street—I stopped him—the prosecutor came up and charged him with taking his chain—he made no reply—when I arrested him first he said, "He struck me first; I struck him back"—I arrested him 15 or 20 seconds before the arrival of the prosecutor—I took him to the station—he gave a correct address
EDITH ELLITT . I am 13 years old, and live at 15, Swan Lane—on Saturday afternoon, April 14th, I was in Thames Street—I saw the prisoner running down Arthur Street West—he ran into Lower Thames Street, on to Fish Street Hill, and under London Bridge—I saw him throw something away—I told the policeman what I had seen—I did not see what it was—I did not see anything shining like a chain.
JAMES DUNNING (City Policeman). On April 14th I was told something by the last witness—I searched in the neighbourhood of the dry arch under London Bridge, and close to where the prisoner was arrested I found this piece of chain—he had passed that way—I saw him arrested—I was 30 or 40 yards off—the prosecutor passed the spot twice.
The Prisoner's Statement before the Magistrate: "I live at 138, Devonshire Street, Mile End—I am an assistant at a warehouse, at 18s. a week. Between 7.30 and 8 on Saturday evening I went to a public-house. I had a drink. The prosecutor said, "Ain't the Boers winning?" We got into conversation, and had drinks together. The prisoner said, "I am going your way." We went together towards Great Tower Street. The prisoner got into conversation with a young lady. He asked me to have a drink, and he asked her. I declined, and said I was going home. Then he got hold of this young lady and pulled her about. I said, 'Leave her alone'; but he would not leave her alone. I struck him on the chin, and he fell down. Thinking he was hurt, I ran away. I was stopped by a policeman, and told him I had struck the prosecutor. I did not throw anything away. The prosecutor had been with another gentleman when I met him in the public-house, but he left us when we came out of the public-house. I think we were in the public-house a good hour."
ALFRED JARMAN (Re-examined). I think we started the conversation by talking about the Boers—there was no young lady with us—I never spoke to any young lady, neither were there any blows struck on either side, neither did I fall down.
The Prisoner, in his defence, on oath, repeated the statement he made before the Magistrate. He received an excellent character.
NOT GUILTY .
Before Mr. Justice Lawrance.
320. CHRISTIAN MADDOCK (30) , Unlawfully attempting to set fire to a store belonging to the India-rubber, Gutta-percha and Telegraph Works Construction Company, Limited, with intent to injure the said company.
MR. MUIR Prosecuted, and MR. GUY STEPHENSON Defended.
MR. STEPHENSON submitted that the indictment should be quashed, on the ground that no criminal attempt had been made, as a further act of the prisoner was necessary to complete the attempt, and that although he may have placed a candle among a quantity of cotton, saturated with methylated spirit, no criminal attempt had been made, as he had not lighted the candle. MR. MUIR contended that the prisoner's acts in making the preparations were sufficiently proximate to constitute in law an attempt to set fire to the premises, without the final act of lighting the candle. MR. JUSTICE LAWRANCE ruled that the indictment should be quashed for want of proof that the crime was attempted to be committed.
NOT GUILTY .
Before Mr. Common Serjeant.
321. JOHN NEGUS (17) PLEADED GUILTY to breaking and entering the shop of Mr. Curtis, and stealing a spirit level and other articles, his property, having been convicted of felony on August 20th, 1899. Mr. Wheatley, of the St. Giles' Christian Mission, promised to take him into their Home.— To enter into Recognizances.
MR. FORDHAM Prosecuted.
ALFRED PAYNE . I am a licensed victualler, of 112, Gurney Road, Stratford—on Monday, April 16th, I went for a little walk, and came back and went into the Steamship public-house to have a drink—my wife was there, and three or four women—I asked her to come home to dinner—when we got in she said she did not want any dinner, and that she would go to bed—I went down the garden, fed my chickens, and then came and cut my piece of meat and bread, and drew a glass of water—I had about three-parts finished my dinner when my wife came out of the room into the back yard, through the wash-house into che kitchen, stood at the end of the table, and said, "Where is my dinner?"—I said, "Half a minute, mate; I will cut it for you"—I am in the habit of calling her
mate—she picked up a table-knife like this from the table, and shoved it in my face—the breakfast things had not been cleared away—she stabbed me down my face from my eye towards my cheek once before I could get up—she threw the knife on the floor—the policeman found this knife with blood on it on the floor—she said, "Sit down in a chair, and let me go and fetch the doctor"—she got another woman who had been in the public-house to fetch a doctor—when the doctor came in about half an hour he said I should have to go to the hospital, he would not touch it—my wife took me to the hospital, where I was attended to—on the way from the hospital I gave her into custody to the first policeman I met—I can not say whether I told the doctor that she did it; I had lost so much blood—my wife is a great drinker—I am certain she must have been the worse for drink, because I found bottles with spirits in them, hid away.
WILLIAM NEAT (169 K). On April 16th I was on duty in Stratford, in the evening, when the prosecutor gave his wife into custody—she was walking away—I said, "Your husband wishes to charge you with stabbing him"—she said, "I know nothing about it"—he said, "You did it with a knife"—I took her to the station—when charged, she said, "I know nothing about it"—later that evening I went to 112, Gurney Road, and found this table-knife lying on the floor, covered with blood—the prisoner was not drunk, but she had been drinking.
Cross-examined by the Prisoner. I found no knife on the table covered with blood.
CHARLES WARTZ . I am House Surgeon at West Ham Hospital—when Payne came on April 16th I examined him—he was suffering from an incised wound about 3 in. long from the right eyebrow, skirting down to within 1/4 in. of his upper lip, between his eye and his nose, but just missing his eye—it was about 1/2 in. in the deepest part, which was on the upper lip—this knife would cause such a wound—I dressed the wound—it is not dangerous to life if there are no complications, but it might have destroyed the eye or endangered the brain if it had been a straighter cut.
Cross-examined. Your husband told me at the hospital that you had done it.
The Prisoner's Statement before the Magistrate: "I am sorry this happened. I do not remember anything about it. I have no witnesses."
The Prisoner produced a written defence, stating that her husband started chopping the meat and cut himself with the carving knife.
GUILTY of committing the act in a drunken brawl. The JURY recommended a separation.— Four Months' Hard Labour.
Before Mr. Justice Lawrance.
Before Mr. Recorder.
324. FRANK FAIRFIELD NORRIS (32) , Being a servant of the Frank Wright Prepayment Gas Meter Corporation, Limited, omitting to enter certain particulars in their books, also making false entries therein.
MESSRS. CHARLES MATHEWS and SINGLETON Prosecuted; and MESSRS.
COOMBES and TALBOT PONSONBY Defended.
LORD KINNOUL. I was an original director of the Frank Wright Prepayment Gas Meter Corporation, Limited—I remained a director from its inception in October, 1895, till August, 1899—during those years I attended board meetings—no suggestion was made, nor was there any discussion as to the payment of secret commissions—no authority was given to anybody to pay them—the prisoner was secretary, and attended all board meetings—Mr. G. R. Burer was chairman.
Cross-examined. Mr. Shuymer was manager of the works about two years—he may have been general manager.
SAMUEL SPENCER . I am a manufacturer of iron tubes at 14, Great St. Thomas the Apostle Street—I attended the Board of Directors on the incorporation of this company in October, 1895—I held the position of director from that time till November, 1897, when I resigned—I scarcely ever missed a board meeting—no secret commission was ever allowed to be paid to the employees of other companies—Norris suggested that if we did that sort of thing we should increase the business very much, but the chairman, Mr. George Rodden Burn, used very strong language, and said he would be no party to it, and I said I should resign rather than be a party to it.
Cross-examined. I had nothing to do with the Brewery Syndicate—I saw the company's works in Fenchurch Street in 1895, and the meter before I consented to become a director—the first meter turned out to be a failure—a Mr. Shuymer was engaged in the office as accountant after I joined the company—the case of the Salford Corporation v. Leiver was mentioned at the board, and then I said that I would resign if such an example was followed.
Re-examined. A new meter was invented, which is now in use.
LACY DE FONBLANQUE . I live at 22, Upper Phillimore Gardens—I became a director on June 15th, 1896, and remained, so till July 18th, 1898—I attended the board meetings—I heard nothing about the payment of secret commissions until a board meeting shortly after I joined, when I was dissatisfied with the returns made by a traveller, for whose presence I asked—he said there was a great deal of competition, and that other firms paid the officials of gas companies—I said that I had been connected with very big gas undertakings for a long time, and we had never given a penny in that way, and I did not belive in it; it was a bad business to begin with, and that if the meter was good enough it would go, and if not no bribery would make it good enough—the prisoner was present—that was in the board-room.
Cross-examined. I was fairly punctual at the board meetings, and attended regularly till latterly—Shuymer was present on some occasions
latterly—he was an accountant, and had a deal to do with the management—Mr. Burn, senior, was regular in his attendance—he had no technical knowledge of matters—he was upright and conscientious—the idea that he would consent to secret commissions and conceal that consent from his brother directors is monstrous.
ROBERT COWLEY . I live at Ramsay, Isle of Man—in May, 1897, a call was made upon me as a shareholder in this company—I sent this cheque for £20, dated May 21st, to the secretary—I received this receipt.
Cross-examined. There was no delay in answering.
DAVID BOWEN . I live at Abercarne, Monmouth—I am the secretary to the Abercarne and Newbridge Gas and Water Company—on December 15th, 1898, we owed the prosecuting company £26 6s. 6d., for which I sent this cheque, and on December 28th received this receipt, signed by the prisoner—I sent this cheque of April 27th, 1899, for £29 18s. 3d.—about the end of May I received this receipt of June 2nd—I also sent this cheque of June 28th for £27 19s. 8d., and received this receipt of June 30th, signed by the prisoner.
Cross-examined. The money was owing for gas meters—I never received extra commissions—I know nothing of them—before becoming secretary I had been an accountant at a colliery and at an hotel.
Cross-examined. I am not aware of any secret commissions being paid in connection with the Gas Company to any official, certainly not to myself.
JAMES BURCH . I am secretary of the Canterbury Gas and Water Company—I discharged our company's indebtedness to the Frank Wright Company for gas meters by these cheques of April 24th, 1899, for £26 2s., and May 29th, 1899, for £24 18s., and received these receipts.
Cross-examined. I know of no secret commissions being paid in connection with gas companies.
JAMES PRICE NICHOLLS . I am chief accountant to the Gravesend and Milton Gas Company—I sent this cheque of April 12th, 1899, for £6 7s. 6d., in payment of our account due to the Wright Meter Company, and received this cheque, dated "13/4/99," and signed "F. Norris," on behalf of that company.
JOHN PEE✗CY CURTIS . I live at 9, Strode Road, Egham—I am a clerk to the secretary of the Staines and Egham Gas Company—I sent this cheque of April 6th, 1899, for £10 8s. 9d., and received this receipt of April 8th from the prisoner on behalf of the Wright Meter Company.
Cross-examined. I know nothing of secret commissions—I have been acting as clerk to the secretary of the Staines Company two years.
HENRY VOLLNER . I am a trimming manufacturer, of 41, Spur Street, Manchester—in 1898 I was a shareholder in the prosecuting company—I sent this cheque of January 13th, 1898, for £50 to the prisoner to pay a call, and received this letter acknowledging receipt of same, signed "F. Norris"—I also sent him this cheque for £50 of July 23rd, 1898, in
payment of a further call, and received a receipt—I returned the receipt to the company on receiving certificate of shares.
CHARLES EDWARD HURRELL . I did live at 20, Vivian Road, Peckham, but now at 2, York Terrace, College Road, Forest Hill—I am ledger clerk to the Frank Wright's Prepayment Gas Meter Corporation, limited, whose service I entered on February 6th, 1896—the prisoner was secretary—I acted under him—the books were under his control as secretary and cashier—they were a petty cash book, cash-book, a journal and ledger—Norris kept the petty cash book in his desk or drawer, but the entries were mostly made by me about once a month—the journal was a locked book of which I gave him the key in March, 1899, with the books, as he said he had instructions to keep them—I repeatedly asked for the petty cash-book between March and June, 1899—a share account was opened in this ledger—in it I do not find on May 21st, 1897, any entry of a payment by Mr. Cowley—I find an entry on April 30th of £20, with no year, but in the journal from which it is posted it appears as April 30th, 1899—it is in Norris's writing—in Vollner's share account I find no entry of £50 on January 21st, 1898—in the petty cash book there is on January 21st, 1898, "Amount paid into bank, as per pass-book. £50"—the paying in slip is Norris's writing—on July 23rd, 1898, I find no entry of money received from Mr. Vollner, but in the cash-book of April 30th, 1899, there is an entry of £100 received from Vollner—there is a memo. in pencil in the petty cash book on April 30th, 1899, by Mr. Burn, deceased, "Paid out of G. R. B.'s cheque £183 4s. 4d.," and on the other side is £l6✗7 4s.4d. connected with wages—upon the receipt side I find no entry of the £183 48. 4d. about that date—in July, 1898, the petty cash deficiency is £190, which Mr. Burn's cheque for £183 4s. 4d. puts right—there is no entry of £11 11s. 1d. on September 10th, 1898, nor of £26 6s. 6d. on December 15th, 1898—all these cheques have been paid into the Old Kent Road Branch of the City and Midland Bank, our bank—there is no counterfoil of the £26 6s. 6d., nor of the £11 11s. 1d. in the counterfoil receipt book, the numbers of which run from 1480, but should go up to 1500, 20 having been cut out at the end of the book—I do find a counterfoil in December, 1898, from the Johnstone Corporation of £11 11s. 1d.—No. 1134 is the receipt for £26 6s. 6d. given to the Abercarne Company, and not to the Johnstone Corporation—there is no entry on January 4th, 1899, of a receipt from W. S. Hill of £21 5s., which appears on April 1st, 1899, for the first time—on January 31st, 1899, or February 1st, the prisoner ought to have had in hand £219 18s. 5d. according to the petty cash-book, by the end of February £239 9s. 10d.—our audit was to take place in the first or second week in March—the prisoner knew that—there is no entry of a receipt from the Liverpool United Gas Company on February 8th, 1899, of £196 6s. in that month, nor of the receipt of £2 2s. 6d. from the Hereford Corporation—I see my entry in the petty cash book on February 15th, 1899, "Amount paid into bank, as per pass-book, £200"—I made it from the bank pass-book about March, 1899—I said to the prisoner, "Where does the £200 come from?"—he said, "From the petty cash"—he would then have to account to the auditors for £17 5s. 7d.—on March 3lst, 1899, I entered £26 6s. 6d. as received from Abercarne, the receipt for which is dated December 28th, 1895; also £196 6s. from the Liverpool Gas Company
—all the entries for March are my writing, but the concluding entry for March is, "S. S. commission to various gas companies, as per list, £290," in the prisoner's writing—I first saw it in February, 1900—the book was missing for some months, and not found till November, 1899—at the end of March all the prisoner had to account for was £19 17s. 6d.—but for the entry of £290, he would have had to account for £309 17s. 6d.—on April 1st, 1899, I find an entry of £10 8s. 9d., received from the Staines and Egham Gas Company, £26 2s. from the Canterbury Gas Company, and £6 7s. 6d. from the Gravesend and Milton Gas Company, in August; but no entry of £29 18s. 3d. from the Abercarne Company, of £24 15s., or £12 2s. 6d., in April, from the Hampton Court Gas Company—the last entries made by me under the prisoner's directions were in May, 1899—there is a concluding entry in the prisoner's writing of "S. S. commissions, as per list," of £625—£15 7s. 1d. is carried forward—I first saw that entry about February, 1900—but for the £6253 he would have been responsible for £640 7s. 1d.
ARTHUR RIDER . I am Assistant Record Keeper at the Vicar-General's Office, Doctors' Commons—this £10 Bank of England note of January 1st, 1897, No. 72951, came into my possession on July 6th, 1897, from Frank Fairfield Norris, and was endorsed by me as it appears: "Lia. F. F. Norrm, 6th July, 1897," and my initials, "A. R."—it was for the purchase of a marriage licence with Miss Taylor.
CHARLES EDWARD HURRELL (Continued). This receipt for the second £50 from Mr. Vollner is the prisoner's writing—I made the pencil entries in the petty cash book in April for the purpose of balancing the book at the prisoner's request—there ought to have been a balance in hand of £164 18s. 7d. at the end of April, 1899—at the beginning of May the book disappeared—I repeatedly asked the prisoner for it, but I never saw it till he left for his holiday in September; he used a supplementary cash-book during those months—about April or May I made up the journal to the end of March—I gave it to the prisoner—I asked for it back—I got it at the end of May—I noticed then for the first time entries of S.S. commission on March 30th, 1899, of £290, and on June 30th, 1899, of £625—I said to the prisoner, "What do these mean?"—he said, "It is for commissions I have paid away to various gas companies, as per list I have; they have been sanctioned by Mr. D✗ouglas Burn"—Mr. Burn was managing director then—he said they would be extended over a period of a few year, and they were to go through in bulk—both "S. S. commission" entries are the prisoner's writing they are written over a red line closing the account—on June 30th I find £100 for S. S. commissions in the prisoner's writing—in June, £21 4s. has been altered on both sides of the account to £121 4s,—I said, "Where shall I post this to? I have no such account in the ledger"—he said, "Bring me the ledger, and I will open an account"—turning to the private ledger, folio 178, I find in Norris's writing, "Secret Service Commission Account"—I then posted the amounts as they now appear—the total is £1.515.
Cross-examined. Three clerks are employed—Shuymer in April, 1899, became a traveller—he did not continue his control in the office after that date—he got me my berth—about January, 1897, I ceased to look to him
as the principal, I looked to the prisoner—I see the entry in the petty cash book of "Tips and Expenses, City Gas Light and Coke Company, £1 8s. 10d."—I made these entries by Petigrew's directions—he was then cashier, and is now secretary—I posted the ledger from the journal—in January, 1899, it was proposed to reduce the capital of the company—I filled up the body of the cheque of February 7th, 1899, of £2 10s., payable to Mr. John F. Gibbs—I made statements before the Magistrate with regard to officials, and corrected them at the next hearing when I had refreshed my memory—I oever asked Shuymer for the missing cash-book.
Re-examined. Mr. Gibbs's cheque for £2 10s. is regularly entered in all the books of the company—it is signed by Douglas Burn and William Brown as directors, and countersigned by Frank F. Norris as secretary—the larger entries with regard to petty cash commence about March, l899, and continue to the end of April, 1899—our office is in Glengall Road, Old Kent Road.
THOMAS HENRY TALBOT . I am a licensed victualler, of the New Inn, 254, Westminster Bridge Road—I first knew the prisoner about three years ago as secretary of the Frank Wright's Prepayment Gas Meter Corporation, Limited—he was a bar customer—subsequently I supplied him at East Dulwich with claret and port—I remember his bringing this cheque of Mr. Cowley's of May 21st, 1897, for £20, payable to himself—he asked me to pass it through my account—I waited to see if it was honoured, and then gave him an open cheque of June 10th, 1897—on July 23rd, 1898, he brought this cheque for £50, payable to the Frank Wright Company, and I gave him a cheque after it was cleared on July 27th—in the same way I changed for him these cheques: 1898; September 8th, £11 11s. 1d.; December 15th, £26 6s. 6d.; 1899, April 6th, £10 8s 9d.; April 12th, £6 7s. 6d.—from the last two cheques I deducted £2 15s., due from him to me—also, in 1899, I changed for him these cheques: April 24th, £26 2s.; April 27th, £29 18s. 3d.; May 29th, £24 18s.;. and June 28th, £7 19s: 8d.
Cross-examined. Shuymer was present practically always—I drew the prisoner's attention to the cheques being the company's cheques—Shuymer and Robey were present—I changed two other cheques for the prisoner for his wife—I sent Christmas presents for the company.
Re-examined. I was paid by a cheque direct from the company for these—I saw the prisoner once give Robey some money.
THOMAS ATWOOD . I am a clerk in the Westminster branch of the London and County Banking Company, in the Westminster Bridge Road—I cashed this cheque for £20 on June 15th—I gave him two £10 notes—No. 72951, dated January 1st, 1897, is one of them—it is endorsed "Frank F. Norm"—on June 8th I cashed a cheque for £20—I gave him three £5 notes and £5 in gold—these are two, Nos. 70853 and 70854, dated January 7th, 1899.
ALFRED ERNEST SMITH . I am assistant manager of the Old Kent Road branch of the City and Midland Bank—we banked for the Frank Wright's Prepayment Gas Meter Corporation, Limited—the prisoner paid in cheques on the company's account—he paid in on February 15th, using this slip from the counter, a draft for £196 6s., a cheque for £2 2s. 6d., and postal orders for £1 11s. 6d: £200—the company have
a regular counterfoil book supplied to them—this slip, also obtained from the counter, of the payment in of £50 on January 21st, is the prisoner's writing.
Cross-examined. Shuymer generally came to the bank with Norris—he might have missed a week now and then, but more often than not he came.
HOWARD DOUGLAS BURN . I am a solicitor, of 6, Bell Yard, Doctors' Commons—I am the son of George Roddam Burn, the chairman and director of this company from the date of its formation in 1895—my father died on February 22nd last—he left the management principally in the hands of Norris and Shuymer—in January, 1899, I became a director—the company was then on the verge of liquidation—I endeavoured to right it—on May 1st, 1899, I became managing director—on February 25th, 1899, the directors gave notice to Shuymer, the manager, and to Norris, the secretary—in July I dismissed Robey—the reasons were negligent management and being overstaffed—up to September, 1899, I knew nothing of the payment of secret commissions—the cheque for £2 108. to Mr. J. F. Gibbs must have been obtained by misrepresentation—on October 16th I first noticed it—Norris sent it to my father in a letter—I asked the prisoner from time to time to let me see the petty cash book—he put me off—he produced this subsidiary one in a brown cover—after May 25th, when the prisoner's notice expired, we continued him on as a weekly servant—Shuymer was to have a month's notice—in September, 1899, the prisoner went for his holidays—I investigated the accounts—in the result, on October 10th and 11th I communicated with him, desiring his attendance at the office—on October 13th I met him at Victoria Station and brought him to the office—I had then seen the entries, "Secret Service commissions paid to various gas companies, as per list"—I asked him to explain—Mr. Brown, Mr. Petigrew, and myself, directors, were present—the prisoner said, "I want to see your father"; I said, "You have to deal with me"; he said, "Can I have a private interview with you?"—Mr. Brown and Mr. Petigrew left the room at my request—I directed the prisoner's attention to the Secret Service entries—he said, "I have had the money; can I repay it by offering £700, which my wife could realise under reversions she is entitled to on the death of her mother," and said he thought I would do this for him rather than he should go to prison—I told him we could not entertain it——he said, "I have spent it in the West-end and in the City, boozing about"—I called in Mr. Brown and Mr. Petigrew—I said, "Mr. Norris admits having had the money, and having spent it on himself"—he again requested to see my father, and I took him to my father's office in Doctors' Commons—my father had gone out to lunch—Norris asked if he could write to him—I said, Yes, he could if he liked—I took him to my room, where I left him writing—I went downstairs—in about 10 minutes or a quarter of an hour I met him coming down the dairs—he handed me this document, which I read: "Referring to the items entered in the company's books, amounting to about £1,000, these sums have been utilised by Mr. Shuymer and myself during the past three years in payment of expenses and commissions, of which no account has been kept, except as far as the entries appear in the petty cash book, and which book
Mr. Shuymer informed me he has destroyed.—Frank F. NORRIS. 13/10/99"—I said, "This is not what you told me at the board-room"—he replied, "That is what I say now"—he ran down the stairs, leaving me with the paper in my hand—we called the auditors in and examined the book—the cash-book was missing—at the end of November it came back—we never knew of the Secret Service entries till we saw it in the books in September, 1899—my father, before his death on February 22nd, 1900, had instructed Mr. Wontner, before and during his illness.
Cross-examined. I never paid secret commissions—I knew nothing about them—they were not agreed to privately by the directors—the letters referring to failure of meters and to commissions were in Norris's writing—Shuymer had control of the books till January, 1899—Shuymer and Robey were good travellers—Robey's letter, advising commissions, could only have been seen by the prisoner and Shuymer—Robey brought an action for wrongful dismissal.
Re-examined. We have saved £1,200 a-year in expenses, and increased our trade 80 per cent., since the prisoner, Shuymer, and Robey were got rid of—the day after we told the prisoner he would be prosecuted, an action was commenced by his wife against the company for an injunction to restrain the directors from the payment of secret commissions, and for an account—a correspondence ensued, and my father, on affidavit, denied all knowledge of any secret commissions having been paid. (Affidavit and copies of letters produced.)
ALFRED MATHEW BRADLEY . I am a solicitor—this batch of letters, the original of which Mr. Howard Douglas Burn produced to me, are copies of letters for which I paid £4, and they were handed to me in the course of interlocutory proceedings under the usual affidavit for production of documents—after inspecting the originals, I bespoke these copies of Messrs. Adam, Burn, and Son, the solicitors of the then defendant company.
WILLIAM BROWN . I am a brass finisher, at South Islington—I became a director of this company in October, 1898—I am still upon the board—I have attended all board meetings—I never heard of the payment of any secret commissions—I did not know anything about them till October 13th, when the prisoner was called in by young Mr. Burn—Mr. Burn said in the prisoner's presence, "Norris says he has had the money"—Mr. Burn had had a private interview with the prisoner, after which he called me and Mr. Petigrew in—the prisoner did not reply—Mr. Shuymer was not there, I am sure.
Cross-examined. I understood the prisoner to refer to the defalcations—I do not know of 2s. 6d. commission being paid to a Mr. Maunders—I have had many a row with Shuymer—I did not see him that day.
ARCHIBALD DOUGLAS PETIGREW . I am the present secretary of this company—I was connected with it within a few months of its inception—I have been general clerk, chief clerk, or prime cost clerk, assistant-secretary, and manager—I never knew of the payment of secret commissions by this company till I found the entry in the book—on October 13th I was in the boardroom with young Mr. Burn, the prisoner, and Mr. Brown—the prisoner asked Mr. Burn for a private interview, when Mr. Brown and I left the room—after the interview we went back to the board-room—Mr. Burn
said, "Norris admits having the money, and having spent it on himself"—Norris made no reply—I fancy Shuymer was in the office that day, but he was not present when Mr. Burn made the statement.
Cross-examined. I certainly thought the evidence showed that Norris had the money—I think Shuymer was in it also—Norris seemed agitated and nervous—there was an interview, I think, the same morning about the missing book, at which Shuymer and Norris accused one another of the possesvsion of the book—Shuymer was an accountant—he established the books—I looked to him as responsible for them—Hurrell would go to Shuymeror to Norris for instructions—I kept the supplementary petty cash book—Norris kept the petty cash book—the account at the bank was overdrawn at one time—cheques were cashed by directors—they appeared in the books afterwards—I knew nothing of Talbot changing cheques till we began to investigate them—neither Shuymer nor the prisoner mentioned it; nor are they in the books—about three months before the audit I saw a petty cash balance of something like £200, and I remember Norris saying that it troubled him greatly, because he understood that Shuymer had go✗ £200—afterwards I saw that £200 was paid, in and I assumed that it was put right—that was about October, 1898—the prisoner did not then suggest that it was spent on secret commissions—Shuymer led me to believe there were commissions to pay, but they were paid in an open manner by cheques.
The Prisoner, in his defence, on oath, said that the amounts for Secret Service commissions were known to the directors and to Mr. Burn, senior, the promoter, and that Shuymer, under whose control he was, had most of the money. He referred to letters, especially one letter to Mr. Robey, a traveller, urging him to pay commissions, and to see the right man. and push the business, and he accused the witnesses of perjury, and stated that one cheque produced was paid to Mr. Gibbs as secret commission; and that the letters in his own handwriting were dictated to him by Mr. Burn.
Evidence for the Defence.
JOHN FREDERICK GIBBS . I am a clerk in the Gas Light and Coke Company, at Haggerston—about Christmas, 1898, our foreman asked Mr. Shuymer for a subscription to a winter fund—the foreman, being taken ill, requested me, when Mr. Shuymer called again, to ask him—in January, 1899, I asked Mr. Shuyraer, and he asked what was the lowest—I said, "About £2"—he said he would not be the lowest, and gave me £2 10s. in gold—some time afterwards he came with this cheque, and advised me not to endorse it, but write to him stating that I could not receive a cheque—a week later he came again, and wanted I the cheque endorsed, as he was unable to get the money—I endorsed it, and he took it away—nothing was said about bribery or secret commission—I have been 20 years with the Gas Company.
GUILTY .— Five Years' Penal Servitude.
Before Mr. Common Serjeant.
MR. COLLINSON Prosecuted.
MARY RICKETTS . I have been livings with the prisoner as his wife for 17 years—on April 6th we were going to have supper together—the prisoner had been drinking—we had a few angry words—we went to bed—I did not have any supper—I woke up, and found I was bleeding, and called my landlady—I saw the prisoner sitting in the arm-chair—he had not been to bed—he did not move, or go away—I do not think he realised what had happened—nobody else was in the room.
SARAH CAPEL . I am the landlady of 18, William Street, Battersea, where the Tyleys live—I live on the downstairs floor, under their room—they have the first floor back—on April 6th, about 9.30, Mrs Tyley called out for me to go upstairs—she asked me to run for a doctor, which I did—when I got into the room the prisoner was sitting in an arm chair by the fireplace—he did not speak—the woman was in bed—she did not tell me what was the matter with her.
JAMES THOMAS MACMEAN . I am a physician and surgeon, of 19, Osborn Terrace, Clapham Road—on April 6th I was called to 18, William Street—I got there a little after 11 p.m.—I found the woman in bed, saturated with blood—I found two cut wounds, one under her ribs on the left side, about I in. wide and about 1 in. deep—it was still bleeding; one of the arteries had been severed—the other cut was near the middle line, just where the ribs meet—that was about the same width as the other, but not so deep—she was very exhausted from loss of blood—I ordered her to be taken to the hospital—these two knives (Produced) were afterwards shown to me—this knife I examined microscopically, and found blood on it—the wounds could have been caused by it.
ISAAC COLLINS (Police Inspector). On April 6th I was called to 18, William Street, Batter sea—I found the prosecutrix lying on the bed in a back room—she made a statement to me—I read it over to the prisoner—she said, "I was stabbed by my husband when I was lying asleep on the bed; I do not know what he did it with"—the prisoner replied, "I did not do it"—the woman was taken to the hospital, and the prisoner to the station—I read the charge to him—he said, "She was lying on the bed when I did it"—I found a pocket knife on him when I searched him—he was drunk.
The Prisoner's statement before the Magistrate: "I came home; I was drunk; I remember my missus taking my supper from me, and that is all I remember."
The Prisoner, in his defence, said that he was very aggravated with the prosecutrix, that he went out and pot drunk, and when he got home he did not remember anything.
GUILTY of unlawfully wounding.— 'Twelve Month' Hard Labour.
321. MARY BEATRICE MANNING (31) , to obtaining £10, £2, and £8 from Martha Ogleby, Lizzie Jepb, and Mary Walter by false pretences, having been convicted at Je✗wes of a like offence. [Pleaded Guilty: See original trial image.] The police stated that she had been engaged in frauds for 13 years, and had also been convicted in America.— Five Years' Penal Servitude.
322. GEORGE VAUGHAN (28) , to feloniously uttering an order for £5 5s, knowing it to be forged, with intent to defraud, having been convicted at Guildford on July 19th, 1899; also to unlawfully obtaining £2 11s 6d. from Thomas Orr Speirs by false pretences. [Pleaded Guilty: See original trial image.] Other convictions were proved against him.— Eighteen Months' Hard Labour. And
Before Mr. Justice Lawrance.
MESSRS. MATHEWS, MUIR, STEPHKNSON, and JAY Prosecuted; and MESSRS.
REID and JOLLY Defended.
MAUD ELLEN NORTHCROFT . I live at 8, Lucretia Gardens, Kennington—I was with my mother, Ellen Northcroft, on the afternoon of March 7th, in the Kennington Road—she was 56—we were at the top of Wincote Street, going towards Kennington Park, on the east side of the road—there was a tram in the road coming to a standstill at the corner of Fitzallan Street—we were going to get into it to go to St. Thomas's Hospital—it was going towards Westminster Bridge—we were on the right side of the road, going towards Westminster Bridge—we both stepped off the kerb together, and then my mother went slightly in front of me—when we left the pavement there was nothing in the road except the tram—then I looked to my right to see if anything was coming—we had both looked before we left the kerb—I did not notice anything when I first looked, but just after my mother had started in front of me I noticed three cyclists coming from the Westminster direction on their proper side of the road, the same side as we were on—they were just by the Ship public-house when I first saw them—they were riding abreast—they were two newspaper boys and the prisoner—the paper boys had sacks on their backs—the defendant was furthest away from us and nearest the tram lines—they were going very fast—I did not hear any bell rung—I called out to mother, but I do not think she could have heard me—then I saw her knocked down by the prisoner—she fell at once on her eye—I thought it was only a black eye at the time—the blow was very sudden—the prisoner was still riding on the outside of the three—I think the other two cyclists must have ridden a little way further—I saw them afterwards—I did not see the prisoner fall—I did not hear anybody say anything—people collected at once—I took my mother to Dr. Henry's surgery—she died the same night, about 10 o'clock—she was going across the road in a slightly slanting direction.
Cross-examined. We had gone about two or three houses down the Kennington Road before we crossed; we left the pavement just about opposite the house next to Dr. Henry's—the accident occurred about 3.20—we wanted to get to the hospital as soon as possible; we did not want to lose the tram—I think my mother looked up the road before we left the kerb—we stood on the kerb a short space of time—if the
cyclists had been near the Ship, then I think I should have seen them—my mother went ahead because, I suppose, she was anxious to get into the tram—she may have been a yard or more ahead of me—we must have been a yard or more from the footpath when I first saw the cyclists—I cannot say whether I stood still when I saw them—my mother did not stop when I called out; she seemed to have hurried her pace slightly—I did not notice her look round—when I called out she was about in the middle of the tram lines, and it was two or three seconds afterwards that she was ridden into—her face was still in the direction of Fitzallan Street—the car was then at a standstill—I cannot say where my mother was hit; she fell forward—I believe the other two bicyclists passed behind me, but I cannot say for certain—there might have been room for them to pass between my mother and myself; I cannot say—I should say the newspaper boys were in front, and the prisoner behind them—I cannot say if the prisoner changed his direction just before the accident.
Re-examined. I saw that my mother's eye was swollen; that is why I thought she fell on her face.
HENRY JOSEPH FRENCH . I am a timber porter, and live at 84, Bonner Street, South Lambeth—on the afternoon of March 7th I was in Kennington Road—I was coming from the direction of Westminster—I had passed the Ship—I had not got so far as Wincote Street—I was walking—I heard some loud talking, and, turning my head, I saw three cyclists, two with papers on their backs and the defendant—the paper boys were nearer the kerb and a little in front, and the defendant nearer the tram lines, and behind—in front of me I saw two ladies, one in the road and one on the path—they were behind a timber carriage which was standing in the road, with the horses towards Kennington Park—it was near the pavement—I saw the deceased attempt to cross the road—she turned her head towards Westminster, and then made for the car—the bicyclists came along and shouted very loudly—they seemed to frighten her, and, being an aged lady, she hastened her speed, but had not got very far when two paper boys passed, her—she went in a slanting way, and the other one seemed to follow her and try to get round the off side of her, but he could not do it because of the car—they got close to the car, and the prisoner struck her—she seemed to be struck in the leg—the machine seemed to push her legs forwards—she put her arms out and fell backwards—I cannot say that she actually fell on her back—I cannot say the boys were going at less than 12 miles an hour—I ran across and placed her shoulders on my arm and slightly raised her—I saw that she was bleeding—I took her bonnet off and borrowed a handkerchief from her daughter and wiped the blood from her nose and mouth—I said to the prisoner, "This is your racing tricks that have done this"—he said, "I was not racing"—I am not a bicyclist—I have been a cabman.
Cross-examined. I have ridden a bicycle—I cannot say how far I was from the corner of Wincote Street—I was struck by the pace they were going, and I commenced to run—when I first saw the deceased she was 6ft. or 7ft. from the kerb, and I should say about 20 yards from the cyclists—when she was struck she was looking in the direction of the car—the prisoner fell with the deceased and the machine—I cannot say whether he let go of the handle-bars, but they were muddled up together
—I have not the slightest doubt that the prisoner altered his direction—he was not bent so much as the others, because they had got papers on their backs—I did not notice the machine much—the other cyclists passed between the mother and daughter—if the deceased had stood still in the shelter of the timber carriage she would have been all right—the prisoner did his best to avoid her.
Re-examined. I did not hear any bell rung.
CHARLES HENRY BRAY . I am a private tutor—on March 7th, in the afternoon, I was sitting on the outside of a car in the Kennington Road, going in the direction of Westminster—the car had stopped—I was sitting on the front seat but one on the right side, and right over anything that happened in the road on my right side—when we were stopping I saw two or more cyclists coming down the road—they were about at the Ship, about 100 yards away—they were running parallel with each other, and going at a fast pace—between the Ship and the tram they put on a spurt—there is a slight fall in the ground from the Ship—when some 60 or 80 yards from the point where the accident happened they turned towards the middle of the road, and came underneath the tram where I was sitting, as if to avoid something—there was a wood trolley on the other side of the road to the right—it was stationary, with the horses towards Kennington Park—the back of our car and the back part of the trolley were about level—one of the cyclists got a little behind the others—two of them came right under the car—one was a newspaper boy and one was not—they were practically neck and neck—as they got to the tram they found they had to get by the woman—the paper boy put on a distinct spurt as he was passing the tram, and cleared her—the prisoner could not do so, and he crashed into the woman—she seemed to be doubled up by the bicycle, and then seemed to be carried forward by the bicycle falling on her—I got down off the tram and told the defendant to stay where he was until the police came—I said, "You ought to be in the hands of the police, and I will see you are"—he asked me to let him go this once—I heard no bell rung—the prisoner came over the brow of the hill at 16 or 18 miles an hour, and crashed into the woman at fully 20 miles an hour.
Cross-examined. I do not know if I have said before to-day that the prisoner asked me to let him go—when the deceased was crossing the road she was looking in the direction she was going—she was level with the end of the car and between the two sets of metals—I believe she was moving in the direction of the car when I first saw her—I do not think the other bicyclist passed between the mother and the daughter—I cannot say for certain how he passed—I do not know what became of the third cyclist—I was looking over the side of the car, and there was plenty of room for the third cyclist to be out of my view—they did not ride on straight at first—they rode straight as they passed me—the prisoner was so close to the car that he could not pass to the off-side of the deceased—he did not follow her in the direction she was going—I am a judge of pace—I learnt to ride a bicycle in 1871—I do not ride much now—when I was first asked to give some idea of the pace all I could say was that it was a fast pace, such as one sees paper-boys riding at; but the pace was rivetted on my mind, and I have made a very careful
study of pace since the accident—I have walked many thousands of miles at four miles per hour, testing myself—I took two lamp-posts in the Stock-well Road, which are 100 yards apart, and by watching trams I got a perfect idea of eight miles an hour—then I began to compare the rate of bicycles which passed the trams, which I knew were going at eight miles an hour, and I could now tell you to a nicety the 16 miles an hour rate, and so I went on—I found a policeman who did his mile in five minutes walking, and we worked together—the prisoner was sitting fairly upright on his machine—I have no recollection of hearing any shouting.
Re-examined. I was watching everything that happened, because as we were coming to a stopping-place and I saw the bicycles coming at a good rate, I thought there was every possibility of a good accident—the deceased fell himself.
By MR. REID. I do not know if he retained his hold of the handle-bar.
MISS NORTHCROFT (Re-examined). We crossed behind the timber trolley—we stepped off the kerb about a yard behind the trolley.
JOHN HILLMAN . I am a timber porter, and live at 8, Homer Street, South Lambeth—on March 7th I was in the Kennington Road, on my waggon, which was standing opposite Fitzallan Street—the horses were turned in the direction of Kennington Cross—I was sitting sideways on the load, facing Fitzallan Street—the wheel was close to the kerb—I heard some shouting behind me—I saw three cyclists, and one knocked the deceased down—they were going at a terrific pace when I saw them—I was about 10 yards away—the other two cyclists passed me and then came back—I believe they were slightly in front of the defendant—I did not hear any bells rung.
Cross-examined. It was loud shouting—I heard the deceased's head hit the paving stones.
—DEAN (116 L). On Wednesday, March 7th, I saw a crowd in the Kennington Road, and the deceased lying on the ground—Mr. Bray pointed the prisoner out to me—I took his name and address—I took the deceased to the surgery close by, and Dr. Roe examined her—the prisoner was sober—he said he was very sorry that it had occurred, and that he would call on Mrs. Northcroft next day and inquire how she was—I do not know anything about bicycles.
Cross-examined. I attended at the Coroner's inquest, which lasted several days—the verdict was "Accidental death."
WILLIAM MEW (Police-Sergeant). On the evening of March 8th I arrested the defendant—Detective Symes was with me—I said to the prisoner, "We are police officers; we are going to arrest you for causing the death of a lady in Kennington Road yesterday afternoon, about 3.30, by knocking her down with your bicycle"—he said, "How dreadful! Shall I be imprisoned?"—I said, "I do not know"—he said, "The worst of it is, I have no witnesses; the other two cyclists were riding in front of me"—we conveyed him in a cab to Kennington Road Police-station, and on the way he said, "I must have struck her a terrible blow, because it has buckled two of my tubes"—when the charge was read over to him he said nothing—I did not see the bicycle until it was brought to the station.
Cross-examined. I did not tell him that whatever he said would be taken down, and might be used in evidence against him—I did not take down what he said; it was so short, I did not think it necessary—I refused to let him have any conversation with his friends or family—I was not the person who said, "It must have struck her a terrific blow"—I did not put one question to him—I did not ask him if his machine had been injured—he did not say, in reply, "Yes; and two tubes are buckled"—I do not ride a bicycle now; I used to—I did not ask him what buckling meant.
DR. BLAKE. I know Dr. Edward Ernest William Roe—I saw him here this morning—he has been attending some cases of German measles, and I have come to the conclusion that he has himself been attacked—it would not be advisable for him to come here.
SERGEANT MEW (Re-examined). I was in Court when Dr. Roe gave his evidence before the Magistrate—I saw him sign his depositeon—this is it—(Read: "I live at 153, Kennington Park Road, registered madical practitioner. About 3.45 p.m. on March 7th, at 175, Kennington P✗rk Road, I saw Ellen Northcroft. She was quite unconscious, suffering from concussion. I sent her home on the ambulance. About 7.30 I saw her at her home. She was then partially conscious. About 10.30 I went there again, and found her dead. About Sunday, March 11th, I made a post-mortem examination at the request of the Coroner. The cause of death, in my opinion, was shock, caused by fracture to the skull and injury to the brain. Those injuries might have been caused by her falling, and by her head being knocked against the road.
Cross-examined: She was not in a healthy condition; there was fatty degeneration of the heart; the lungs were both congested, the result of the injuries to the head; the liver and heart were both enlarged, and she had five gall stones; she was suffering from chronic Bright's diseasee and she had a tumour. The external injuries I found were a small graz, on the left knee, and effusion of blood over and round the left eye. A slight shock to a person in her state of health would be much more serious than a more severe shock to a person in more robust health. I found no external wound on the head. I believe the roadway between the tram-lines in Kennington Road is paved with granite; I am not sure The injuries I found were not consistent with the fact that the impact between her and the bicycle was slight; there was nothing to show whether it was slight or not. I should not think being simply pushed, and falling so that her head struck the pavement, would be sufficient to account for the injuries; it would depend entirely upon the force with which her head struck the pavement. She was a woman of heavy build. Re-examined: She was about 13 stone, and her height 5 ft. 6 in. The fracture of the skull extended right through the base of the skull to the middle line, about 5 in. The base of the brain was very much bruised, and there was haemorrhage into the substance; even in a healthy person such an injury as that would, I think, have been fatal.")
The bicycle was here brought into Courts and the prisoner placed on it, to show that it was much too small for him.
MR. REID submitted that there was no case, as the prisoner was not engaged in an unlawful act, and it was obligatory for the Crown to show that he
was performing an unlawful act with such grots and culpable negligence as to render him liable. MR. JUSTICE LAWRANCE ruled that it was entirely for the JURY.
Witnesses for the Defence.
FREDERICK KINGDOM . I live at 278, Brixton Road, with my father, who is a greengrocer—I am a cyclist, and have ridden for about five years—I ride for the Star newspaper, and have done so for about 16 months—on March 7th I was going along the Kennington Road with the prisoner and Ricketts, coming from the newspaper office, with papers on our backs—the defendant had no papers; he was not employed with me—about 12 or 15 yards in front of us we saw the women in tho road—we rang our bells and shouted, and the daughter halloaed out "Mother!"—I did not see the lady actually hit, as I was in front of the defendant, and Ricketts was in front of me—I was nearest the kerb, the defendant in the middle, and Ricketts on the right side—we were going about 9 or 10 miles an hour—I crossed to the near side of the deceased; Ricketts passed he before I did—I cannot say which side he passed her on; she was about three yards from me when I passed her—when we rang our bells she seemed to hurry a bit—T was riding my own machine—the shop from where we got the papers to the scene of the accident is about three-quarters of a mile—we left with the papers about 3 or 3.15, I cannot say for certain—we were going to the Swan at Stockwell—no other papers have publishing offices on the Surrey side of the river—there was no need for us to go at any great pace.
Cross-examined. We have got to get to the Swan before the other papers—it may be three miles to the Swan; I am no judge—they do not always tell us at the office that we have to get there first, only on some special day—I was bending my back a bit—I had dropped handles—my machine was geared to 77 in., I had no brake—I should not call that a high gear; a high gear is 96, 108 or 112; they go up to 200, but you cannot get along fast on a 200 gear; about 90 would be about the fastest—the higher the gear the fewer the revolutions—the prisoner's machine was a light machine—I should not call it a racing machine—it is geared to 80 1/2, which is too high for road racing.
Re-examined. On this day there was no special war news or racing,
SAMUEL RICKETTS . I work for my father, a builder, in the Clapham Road—on March 7th I was with the last witness and the prisoner in the afternoon, each of us on bicycles—the prisoner and I are both members of a local cycling club—on this day the prisoner and I rode together to a refreshment shop in Blackfriars, where I saw the last witness—I was at that time engaged in the afternoons in carrying newspaper for the Star—we went to Pocock Street for the early edition, which was issued about 3.15—we got our papers, got on our machines, and rode away with the prisoner—we went into the Kennington Road—I was in front, and Kingdom next to me on the left, and the prisoner was on the right, and a little behind; Kingdom was also slightly to the rear—the prisoner was behind all the time till the accident—his front wheel was up to my back wheel—I was on the prisoner's machine, and he was on mine—there were two bells on my machine, the one the prisoner was riding—we were riding at from 9 to 10 miles an hour—that was about the pace we
kept the whole way—all of a sudden, about 12 or 15 yards in front of me, I saw the deceased coming out into the middle of the road—I shouted and rang my bell, and so did the prisoner—I managed to steer clear of her—she was on my right as I passed her—I turned round and came back—I did not actuahy see her leave the footpath—when we shouted she tried to quicken her pace, and succeeded in getting by Kingdom and I—I was on the wood paving—when I saw the deceased I back-pedalled—it is not true that we put on a spurt—9 or 10 miles an hour would be as fast as I could go on that machine—I could only just reach the pedals—there was no brake to the machine—it was geared to 112, which makes it harder to stop—you have not got so much command over a high gear as you have over a low one—there was no reason on that day why we should get to the Swan very quickly; there were no big races on then.
Cross-examined. The war was on then—we began to go a little faster when we got into the Kenniugton Road, because the road is better—my own machine is geared to 84—I was riding with dropped handles and no brake—I always ride with my saddle right down in the socket—these handle-bars are not the same as were on the machine on that day, but ones similar to these—there was no brake—the top and bottom bars were buckled—the top bar was slightly buckled before—I have not said so before to-day.
WILLIAM MAY . I am a cyclemaker, of 324, Clapham Road—I repaired the damage which was done to the machine which was being ridden by the prisoner on this day—the top and bottom tubes were slightly buckled, nothing else—a medium blow would do the damage—it would not be necessary for the machine to have been driven at a very furious pace to cause the damage—the machine was built for a light boy—it is a racing machine with roadster tyres—a roadster tyre is heavier than a racing tyre—being light, the machine would more easily buckle than a heavier machine—this is a 21 in. frame; a frame for a man of the prisoner's height should be 29 in. or 30 in.—I have seen the prisoner on this machine—I should think it would be impossible for him to get anything like a pace of 18 to 20 miles out of that machine—I think the best pace would be from 10 to 12 at the outside—it is too small for him—they cannot get the pace with their legs bent—the best unpaced road record is about 25 miles an hour under the best suitable conditions—a short person might get 14 or 15 miles at the most out of this machine—the average gear is about 78 in.; 84 is rather high—I was approached by the Crown in this case, and I made a statement—the machine was brought to me on the day of the accident to be repaired, and then brought in again after it had been ridden home.
Cross-examined. I told the Treasury it was a racing machine—it does not fit the prisoner—he had perfect control over it in some points.
The Prisoner, in his defence, on oath, said that he tried to avoid the deceased; that he put his feet to the ground to stop the machine; that he was only going at 9 or 10 miles an hour and that it would be impossible for him to go 16 or 18 miles an hour on that machine.
NOT GUILTY .
ADJOURNED TO MONDAY, MAY 21ST, 1900.