CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD MARCH 25TH, 1901.
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., K.C.
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS AND SONS, LIMITED. 119, CHANCERY LANE,
Law Booksellers and Publishers.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, March 25th, 1901, and following days,
Before the Right Hon. FRANK GREEN, LORD MAYOR of the City of London; the Right Hon. Sir ARTHUR MOSELEY CHANNELL, one of the Justices of His Majesty's High Court; Sir JOHN WHITTAKER ELLIS, Bart.; Sir DAVID EVANS , K.C.M.G.; Sir JOSEPH RENALS, Bart.; Lieut.-Col. Sir HORATIO DAVIES, K.C.M.G, M.P., Aldermen of the said City; Sir FORREST FULTON, K.C., Recorder of the said City; Sir MARCUS SAMUEL, Knt.; Sir JAMES THOMPSON RITCHIE, Knt.; JOHN POUND, Esq.; JOHN CHAS. BELL , Esq.; GEO. WYATT TRUSCOTT, Esq.; and THOMAS VEZEY STRONG, Esq., other of the Aldermen of the said City; and ALBERT BOSANQUET, Esq., K.C., Common Serjeant of the said City; His Majesty's Justices of Oyer and Terminer, and General Gaol Delivery; holden for the said City, and Judges of the Central Criminal Court.
WALTER VAUGHAN MORGAN, Esq., Alderman.
JOSEPH LAWRENCE, Esq.
JOSEPH DAVID LANGTON, Esq.
THOMAS HENRY GARDINER, Esq.
CENTRAL CRIMINAL COURT.
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.
NEW COURT.—Monday, March 25th,1901.
Before Mr. Common Serjeant.
236. THOMAS WALTON (66) and GEORGE COOK (66) PLEADED GUILTY to having in their possession 151 counterfeit coins, with intent to utter them, also to having in their possession a galvanic battery which had been used in the manufacture of counterfeit coin, also to having a mould for coining half-crowns. Several convictions were proved against the prisoners, and Walton's sentences of penal servitude amounted t 25 years, and Cook's sentences of imprisonment to 36 years. Cook had still a year and 274 days of a former sentence to serve. WALTON— Ten years' penal servitude. COOK— Twelve years' penal servitude.
MR. BLACKWELL Prosecuted.
ROSE ISAACS . I am the wife of Lewis Isaacs, a linen-draper, of 4, Hoxton Street—about January 31st Blackalley came in for a pair of socks, price 2 3/4d., and gave me a half-crown—I bent it, gave it back to her, and said that I would not have it—I think she said that her daughter took it for lemons—she paid me with good money and left—I afterwards picked her out at the station from five others.
Cross-examined by Blackalley. I know you quite well—you have been in my shop before, and sold me lemons.
Re-examined. I tested the coin in front of her, on top of the counter—she saw me bend it, and I told her it was bad.
DAVID COX (Detective Sergeant). Sergeant Williamson and I have had the prisoners and several others under observation—I saw Collins in Central Street, Blackfriars, on February 19th—we followed him to Shoreditch, and to Burford Court, Hoxton Street—he entered No. 5, and went upstairs—the front door was wide open—he went to the first floor front—there are two floors, and the two rooms at the top were unoccupied;
there was a broad landing, and we concealed ourselves there, crouching down and keeping observation on the rooms below—I saw Collins and Blackalley enter the first floor back room, which was occupied by Smith—I did not see Smith, but I heard her voice—they were going backwards and forwards to one another's rooms, and I saw Smith three times—we kept observation about three-quarters of an hour, and hearing strange people about, we went away—that was Tuesday—I had seen them, all three, in company for five weeks before, at the Bear public-house, Oxford Street—on the next day, about 2 o'clock, we returned to the house with Sergeant Baldock—we all three went to the landing, and saw Collins and Black-alley enter Smith's room; they must have been in the house when we arrived—Blackalley left, and went into the front room; I then for the first time heard Smith's door locked from the inside—Collins was then inside—shortly afterwards I heard the jingling of coin on the table or floor, and a few minutes after that the door was unlocked, and Collins left the room, saying, "Five o'clock"—he left the house—the sergeant entered the back room, another sergeant followed, and I brought up the rear—Smith was sitting at a table, and in front of her were 19 counter-feit florins on the table, and one was in her hand; they are all of the same date—I searched the room, and on the fire-place I found this mould for florins (Produced)—Smith had a file in her other hand—she made a statement—Blackalley was brought in, and Sergeant Baldock entered what she said, in his book—Collins returned about 5 o'clock, and I said to Badcock, "That is the man; take him back to the room"—we were then at the bottom of the stairs with the women—we took them all to the station, and they were charged with being in possession of the mould and the counterfeit coin—the charge was read over to them by the inspector—they made no reply.
Cross-examined by Collins. You went into the front room and into the back, and then returned to the front room—we did not arrest you while you were in Smith's room, because we expected somebody else to come—I found your address correct—I found no money on you, good or bad—I do not think you could have got away if you had turned back.
Re-examined. A person approaching could not see us in the passage till he got inside—if Collins had run away Baldock was in a position to stop him—Smith had a parcel under her arm—I asked her to hold it.
EDWARD BADCOCK (Police Sergeant). On February 20th I was with Cox and Williamson at Burton Court, Hoxton—it is a small house in a retired, quiet neighbourhood, and you can hear sounds very well—we were on the top landing—I heard nothing—I went down to the back room, first floor—later on I went into the front room, where Blackalley was, and conveyed her to the back room—I have here a note which I made at the time—after Sergeant Williamson had said that they would be taken in custody, Blackalley said, "I have two rooms on this floor; about five weeks ago I let this one to Ann Williams, her" nodding to the prisoner Smith, "for 3s. 6d. a week. I am a widow, and live in the other room, with my daughter; I have seen her," nodding at Smith, "making money every week she has been here; I saw her making some to-day; it is nothing to do with me"—Smith said, "How can you round on me like this, when you know as much as I do; you can't say you don't"—I was
standing near the street door about 5 o'clock, when Collins came back, but where I could not be seen by anyone till they got inside the door—Cox said, "That is the man that was in the room just now"—we took him upstairs—he was very much surprised, and wanted to go out at the back—Sergeant Williamson told him he was charged with being in possession of counterfeit coin and implements for making it—he said, "I have never been in this room before"—Smith said, "How can you say that? Do you think I am going to stand it all? You know you were here, and made these things yourself, to-day"—Collins made no reply.
Cross-examined by Collins. I saw you come, first about 2.20 or 2.30, and again about five—the front door was open then, but I very much doubt whether you saw me—Sergeant Cox was in front of me—you did not tell me that you came to see Rose Blackalley, who lived there.
Cross-examined by Blackalley. When I walked in you were sitting down, apparently writing a letter—I did not sit on your bedstead, and look at you for five minutes, and say, "How long has this woman been in your room?"—you said, "Have you seen Smith?"—I said, "Yes"—I did not say, "I am an officer, and she is making bad money"—I said that I wanted you in another room—I did not say that I only wanted you to be a witness, and was not going to charge you—I found no coin in your room.
Re-examined. I did not see Blackalley's daughter going in and out—I did not see her till I entered the front room to call her mother—she came out when I came out, and went downstairs.
WILLIAM WILLIAMSON (Police Sergeant). I have been observing the three prisoners for some weeks before February 19th, and have frequently seen all three together—their meeting place was the Hare public-house—this alley is in the low part of Hoxton—on February 20th I was on this landing with Cox and Baldock—we could see over the ballusters—Collins frequently left Blackalley's room, and went into Smith's room, and Blackalley did the same—Blackalley has a daughter; I did not see her going out and in, but I heard Collins say that he had gone there to court her—the door of Smith's room was locked, but not Blackalley's door—I heard a jingle when Collins was there, it is a very small house—when the door was unlocked Collins said, "I shall be back by five"—we three officers went down with the two women into the passage, and just as we got to the bottom Collins came in; he could not see us till he entered—I said, "Where are you going?"—he said, "To the w.c."—a conversation took place, which Badcock took down—we took the three prisoners to the station.
Cross-examined by Collins. You were in the room a quarter of an hour at least, while it was locked; it may have been half an hour—Mrs. Blackalley has a daughter and three children—you said nothing to me about the daughter—you did not say, "This is the first time I have been in this room for that purpose"—you said, "I have never been in this room before"—the daughter's age is 23 or 24.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to H.M. Mint these 20 florins are counterfeit, and all from this mould—this file is for filing the edges when they come out of the mould—here are plaster of
Paris, copper wire, sand, and all the articles which are the usual stock of a coiner, but no battery—this white metal is what the coins are made of.
DAVID COX (Re-examined). I produce one mould, 20 counterfeit florins, one counterfeit half-crown, a quantity of metal which they melt to make coins of, two spoons which the metal is poured into moulds with, two pairs of scissors, two knives, two packets of cyanide of potassium, silver sand, plaster of Paris, a bowl, and a file—I did not see Miss Blackalley till after we charged the prisoners; she brought her mother a cup of tea—I did not see Collins courting her—she could not have gone into Smith's room without our seeing her—she was in the room with her mother.
Evidence for Collins.
ROSE BLACKALLEY . I live with my mother, the prisoner—I have kept company with Collins since Christmas—on February 20th he came to my place to see me—he had dinner with me and my mother about 1.30—it was over at two, and he said that he owed Mrs. Smith 9s., and went into her room to pay her, and then left, and promised to come back at 5 o'clock, as I asked him to come back and have some tea.
Cross-examined. He only went into Smith's room once—I do not know what happened on the Tuesday—I was not there at all—I was not at the Police-court—I do not know that Smith's door was locked on the Wednesday, I was asleep on the bed in the afternoon, after Collins left—I had not heard of counterfeit coin before—my brother was in trouble about counterfeit coin in 1894—he was not living with us then.
Collins, in his defence, stated that he went to the house to see the girl Rose, and to pay Mrs. Smith some money he owed her, that what he said to the officer was that he had never been in the room before "for that purpose" and that he did not know what Smith was doing when he went in.
COLLINS and BLACKALLEY— GUILTY . The JURY recommended Blackalley to mercy. —Nine previous convictions were proved against Collins, five against Smith, and Blackalley was stated to be the, associate of coiners. COLLINS— Seven years' penal servitude; SMITH— Five years' penal servitude; BLACK ALLEY— Twelve months' hard labour.
OLD COURT.—Monday, March 25th,1901.
Before Mr. Recorder.
238. EDWARD O'BRIEN (38) PLEADED GUILTY to stealing a portmanteau and other articles, the property of Henriette Thalen, he having been convicted at Clerkenwell on May 4th, 1897. Five other convictions were proved against him.— Twelve months' hard labour.
240. EDWARD GRAY (21) , to having been found by night with housebreaking implements in his possession, also to assaulting Thomas Walker, with intent to prevent his lawful apprehension, having been convicted at this Court on October 23rd, 1899, as Edward Grady. Two other convictions were proved against him.— Eighteen months' hard labour. [Pleaded guilty: See original trial image.]
241. BERTRAM ROBINSON (24) , to forging and uttering an order for ₤9 10s., with intent to defraud, also to stealing a diamond ring, the property of George William Gibbs, also to stealing a bag and other articles, and a cheque for ₤9 10s., the property of John Frederick Jennings.— Nine months' hard labour. [Pleaded guilty: See original trial image.]
243. CHARLES NEAL (29) and GEORGE SCHUBERT (22) , to receiving a postal order for 20s., the property of Thomas Shaw, knowing it to have been stolen, also to receiving a postal order for 20s., the property of Agnes Woodman. SCHUBERT , also to breaking and entering the shop of Alice Roberts, and stealing 1,097 postal order forms and a quantity of postage stamps, the property of H.M. Postmaster-General, having been convicted of felony at Flintshire Quarter Sessions, Flintshire, on October 19th, 1898. Another conviction was proved against him. SCHUBERT— Six years' penal servitude; NEAL— Twelve months' hard labour. [Pleaded guilty: See original trial image.]
244. ETHEL EMILY CHIFNEY (20) , to forging and uttering a receipt for ₤5 19s., with intent to defraud, also to forging and uttering an authority for the payment of money, with intent to defraud.— Three months in the second division. [Pleaded guilty: See original trial image.]
245. CHRISTOPHER THOMAS FARRIER (19) , to stealing, while employed by the Post Office, a post letter containing two half-crowns, and a silk handkerchief, the property of H.M. Postmaster-General— Nine months' hard labour. [Pleaded guilty: See original trial image.]
246. PERCY JOSEPH WILDER , to stealing, while employed by the Post Office, two post letters, each containing a postal order for 5s., the property of H.M Postmaster-General— Nine months' hard labour. [Pleaded guilty: See original trial image.]
247. WILLIAM THOMPSON (70) , to stealing six spoons and other articles, the property of Joseph Rogers & Co., also to stealing two pairs of gloves, the property of James How, having been convicted at this Court on October 16th, 1882. Five other convictions were proved against him, including three terms of penal servitude.— Twelve months' hard labour. [Pleaded guilty: See original trial image.]
248. MARTHA ELLIOTT (40) , to stealing a cloak and other articles, the goods of Gertrude Besant, also to stealing a box and other articles, the property of Amy Payton Wright, also to stealing a basket and other articles, the property of Grace Voller.— Twelve months' hard labour. [Pleaded guilty: See original trial image.]
249. GEORGE GROCER (30) , to stealing an overcoat, the property of David Bell, also to stealing an overcoat and other articles, the property of Nigel Hambury, also to stealing an overcoat and other articles, the property of William Robert Hetford, having been convicted of felony at Clerkenwell on May 16th, 1899. Seven other convictions were proved against him.— Twelve months' hard labour. [Pleaded guilty: See original trial image.]
251. GEORGE EDWARDS (31) , to burglary in the dwelling-house of William Dawson, and stealing a pair of trousers and ₤5, his property, also to burglary in the dwelling-house of Henry Edward Stanbrough, and stealing a scarf pin, also to burglary in the dwelling-house of William Hersey, with intent to steal.— Six months' hard labour. [Pleaded guilty: See original trial image.]
252. JOHN BROWN , to stealing nine dozen handkerchiefs, the goods of Alfred Aldwinkle, having been convicted of felony at Guildhall on February 18th, 1898.— Three months' hard labour. [Pleaded guilty: See original trial image.]
253. JOHN HUMPHREYS (19) and WILLIAM BLAKE (24) , to stealing 50 yards of cloth, the property of Daniel Williams. HUMPHREYS, also to assaulting Henry Garrett and William Emery in the execution of their duty; HUMPHREYS having been convicted at this Court on March 28th, 1898, and BLAKE at this Court on September 12th, 1899. Four other convictions were proved against Humphreys, and two against Blake. HUMPHREYS— Seven years' penal servitude; BLAKE— Twelve months' hard labour. (The RECORDER awarded ₤1to William Mackey for assisting the police in the arrest of the prisoners.) [Pleaded guilty: See original trial image.]
(255) WILLIAM EUGENIO NYE MARTINUCCI (25) , to forging and uttering a cheque for ₤25, with intent to defraud. Two previous convictions were proved against him.— Eighteen months' hard labour. [Pleaded guilty: See original trial image.]
NEW COURT.—Tuesday, March 26th, 1901.
Before Mr. Common Serjeant.
MR. FORDHAM Prosecuted.
MICHAEL ROOK . I live at 3, Forster Street, Bethnal Green—on Saturday, March 9th, I met the prisoner in Whitechapel Road—we had a drink together—he said he had got a job if I should like to do it—I said, "Yes"—he led the way to an archway, and I gave him a hand to lift the lead on to a barrow—I do not know the name of the yard—it was off Aldgate—the lead was similar to this, only a longer piece—I got into the shafts of the barrow and pulled it out of the arch—he said that I was to follow him—I did not know where the stuff was going—he walked by the barrow for a time—I was charged before a Magistrate and discharged
THOMAS BETTERIDGE (950 City). On March 9th, about 4.30 p.m., I saw the prisoner and Rook in Aldgate—Rook was pulling a costermonger's barrow on which was a large roll of new sheet lead, similar to this produced—the prisoner was walking by his side, conversing with him—I followed them through Aldgate and Jewry Street into George Street, where I saw Ward speak to a uniform constable, who walked towards the prisoner and Rook—the prisoner walked away, and Rook turned into the Minories—I followed and stopped the prisoner—I said, "I am a police officer; what about that lead?"—he said, "What lead?"—I said, "That you have left on the barrow round the corner"—he said, "I do not know anything about any lead; I have not seen any barrow; I do not know what you mean; you have made a mistake"—I said, "You will have to come back"—I took him back to Rook, who was detained by uniform constable—Rook said, "This is the man that employed me to wheel the barrow"—when charged the prisoner said, "I know nothing about the lead; I do not know this man," pointing to Rook, who was
charged with him; "I have never seen him before"—Rook said that he was employed by Gibbons to wheel the barrow—the barrow belongs to a man who is present.
CHARLES THOMAS (852, City). On March 9th, about 4.30, I saw the prisoner and Rook in George Street, Minories, with a barrow containing a roll of lead—Rook was pulling it, and the prisoner walking by his side in conversation—Ward spoke to me—I stopped Rook—the prisoner walked on—Rook said, "I met this man," the prisoner, "in Whitechapel Road; he asked me if I wanted a job; I said, 'Yes'; I went with him, and this is the consequence."
The prisoner, in his defence, said that he met Rook, who asked him to drink, and he said, "No, not with that lead; I will have nothing to do with you; I will go away, and leave your company," and he put it all on him, but he was innocent.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
MR. HENDERSON Prosecuted, and MR. COUMBE Defended.
HENRY MITCHELL . I am Parish Clerk of Acton, and live at 86, Church Field Road, Acton—I am Registrar of Births, Deaths, and Marriages—I produce the Parish Register for 1891—looking at February 22nd, 1891, I find the record of a marriage between Thomas Joseph Hodgson and Ellen Agnes Durak—I was present when that and another marriage were solemnised.
MARY ANN PRATT . I live at the Temporary Orphanage, Carshalton—I was present in 1891 at St. Mary's Church, Acton, at a marriage between the prisoner, Ellen Agnes Durak and Thomas Hodgson—I had known the prisoner a little time, but not the man.
ARTHUR PARSLOW . I am a plate-layer, of 51, Redfern Road, Dalston—I was married to the prisoner at Old Willesden Parish Church on January 26th, 1901—I had known her since about the end of June—she told me she was single—I did not know she had been married—since January we have been living together—on March 10th I saw Thomas Hodgson at Harlesden with my wife—I asked her what she was doing there—Hodgson said, "This is my wife"—I said, "It's mine"—the prisoner went with me willingly to Willesden Police-station; I charged her there.
Cross-examined. The inspector did not tell me to keep cool—he told Hodgson and my wife to sit down; I stood up all the time.
GEORGE COX (Detective Sergeant, X). On March 10th Parslow, Hodgson, and the prisoner came into the station—Hodgson said, "This is my wife"—Parslow said, "No, it's mine"—they began to wrangle, and got excited—I invited them to sit down, and went out and made inquiry—when I came back the prisoner was put in the dock, charged with intermarrying,
and Paralow signed the charge-sheet—the prisoner said to Hodgson "Have not you stopped me and asked me for money?"
The prisoner, in her defence, on oath, said that she believed her husband's marriage with her was invalid, as she had reasonable grounds, from conversation with a Mrs. Crimmins, for believing he was already married.
Evidence for the Defence.
JESSE DURAK . I am the prisoners mother, and live at 51, Redfern Road, Willesden—I was present at an interview between her and Mrs. Crimmins early in May last year, at Church Road, Acton—my daughter complained to Mrs. Crimmins of her husband Hodgson's conduct with my younger daughter—Mrs. Crimmins laughed and said, "What do you expect when he has a wife of his own, living somewhere in Chelsea?"—it was on a Saturday night—when Hodgson came home my daughter said, "You are here?"—he said, "Yes, I am"—she said, "Well, you had better go home to your wife"—he buried his face in his hands, fell on his knees, and said, "For God's sake, Nell, don't shop me."
Cross-examined. I saw the prisoner three times; once about May 1st, the second time in my house on May 26th—the prisoner did say, "That has got to be proved," but not in the house, but when he met his wife in the street—I was near enough to hear.
GUILTY.—Strongly recommended to mercy by the JURY .— Two days' imprisonment.
259. ALBERT LANE (26) and JAMES WHITE (17) , Robbery with violence, with other persons unknown, on Alexander Laird, and stealing from him a purse, tobacco box, and other articles, and 5s. 6d., his property.
MR. COUNSEL Prosecuted.
ALEXANDER LAIRD . I am a fireman on board the steamship Avon, lying at the Continental Wharf, Wapping—on the evening of March 5th, about 7.20 p.m., I was in Shoreditch—I asked a young man, whom I do not know, the way to Bethnal Green Road—he said he would show me—we came to Brick Lane, where the prisoner Lane was standing, with another young man—when half-way down the lane I saw them following, about 15 years behind me—the one who was showing me the road gave a whistle and put his arm round my neck, and White came out of a passage—four men set on to me, the two prisoners and two others, and the man who was showing me the way had me by the throat—I kicked out right and left—I had a key, a pocket knife, and an ounce of tobacco; they took those from me, and I was left alone—they did not take my purse then—I told them that all I had was 41/2d., and would give it to them if they would let me go—they immediately tripped me up again, and took the purse from my pocket, and all four ran away—I ran after them and shouted, "Murder!"—Buckley came up, and I went with him to a coffee shop in Brick Lane, and saw both prisoners there, and they were arrested—there was 5s. 6d. in the purse.
Cross-examined by Lane. The man that was showing me the way had got me by the throat, and the others went through my pockets, and you were one of them—I do not say I was perfectly sober—at the station I was excited, and wanted to take the law into my own hands, but the constable would not allow me—I did not say that you had a black handkerchief on.
Cross-examined by White. The first time I saw you was in the lane; I am sure you were one of the gang.
SIMON NORTON . On the evening of March 5th I saw the prosecutor lying on the ground in Buxton Street, Brick Lane, and White kicking him—I tried to stop White, and was hit in the face by one of the others—I stayed with the prosecutor till a constable came up—we went to a coffeeshop and saw White and Lane sitting at the same table, eating—the prosecutor may have had something to drink, but he knew what he was about.
Cross-examined by Lane. At the Police-station the prosecutor pointed to you, and said you were one of the men.
Cross-examined by White. I saw you kicking the prosecutor—you were both strangers to me—the first time I saw you was on the night of this occurrence.
By the COURT. It is a very dark turning—there was a light outside the beer-shop where I was standing, and I could see prosecutor lying on the ground, and White kicking him—I recognised him as being the smallest of the gang.
— BUCKLEY (241 H). On March 5th, about 7.30, I was on duty at the corner of Eyre Street, Brick Lane, where I found the prosecutor—he made a statement to me, and I went to Clark's coffee shop, and found the two prisoners—the prosecutor said that Lane was the man that "went through" his pockets, and White was the lad who kicked him—I took Lane—he said he was innocent—the prosecutor was not drunk.
Cross-examined by Lane. The prosecutor had had some drink, but was not drunk—he pointed you and White out to me.
Lane's defence: I have got my mother at home, who is very ill, to keep, and am perfectly innocent of this charge.
White's defence: I just went down Brick Lane into the coffee-shop, and never saw the gentleman before.
GUILTY .—They then PLEADED GUILTY to previous convictions, Lane at Guildhall on December 6th, 1898, and White at Worship Street on December 5th, 1900; other convictions were proved against them.— Twelve months' hard labour each.
260. JAMES SMITH (16), HEBBERT EDWARD PARDOE (16), GEORGE SKINNER (14), and BENJAMIN BIGLAND (14) , Unlawfully assaulting Bernard Steinberg and occasioning him actual bodily harm.—MR. PURCELL, for the Prosecution, offered no evidence against BIGLAND— NOT GUILTY .
prisoners—Smith came up to me and said, "Go, you Dutchman, to your own country"—they all had pistols, and Pardoe fired at me, but did not hit me—then Smith fired and shot me on my right shoulder.
By the COURT. He was the width of the pavement away from me when he fired—they then ran off, and I walked away, thinking it was a stone that had hit me, but afterwards found that it was a bullet, which had gone right through my clothes—I went to the station, showed them to the inspector, and afterwards recognised all three prisoners there.
Cross-examined by Smith. I am sure it was you who shot me in the back—I saw the pistol in your hand.
Cross-examined by Skinner. You fired at me from across the road, but did not hit me—I picked you out at the Police-station, and am sure you were one of the boys.
THOMAS SLY (Police Inspector). On the evening of February 17th the prosecutor called at Bethnal Green Police-station and made a complaint to me—I examined his clothing and found a hole in his overcoat, undercoat, vest and shirt, at the top of the back, near the right shoulder—his skin was burnt, and there was a red mark about the size of a shilling—I found this bullet (Produced) in the lining of his vest.
ALBERT HANDLEY (Detective Sergeant, J). At 9 o'clock on February 19th I went to 6, Grove Street, where I saw Skinner—I told him I was a police officer, and should arrest him for being concerned with four others in shooting Bernard Steinberg on Sunday, about 5.30, in Cambridge Road—he said, "I was with them; I did not shoot him; someone shot me, and this is the bullet that was taken from my hand at the London Hospital to-day," handing me a bullet; "who fired the shots I do not know; Pardoe, Smith, and Bigland had pistols; I threw mine away before it happened; I bought my pistol on Saturday night with Bigland; we both had pistols, and we gave 1s. 6d. each for them, and we both had 100 cartridges, which we gave 6 1/2d. for"—he was taken to the station and charged, and made no answer.
BERTRAM BOON (340 J). At 6.30 on February 18th I saw Pardoe in the Oval, Hackney Road—I asked him if be had a pistol, and he produced this pistol (Produced) and three cartridges loaded—I took his name and address, and made a report of it.
Cross-examined by Pardoe. You said that you had it to defend yourself with—you did not say that you had been attacked by robbers.
EDWARD GRAVER (Detective, J). At 12 p.m. on February 19th I went to 46, Camden Street, and saw Pardoe—I told him I should arrest him for shooting at Bernard Steinberg in Cambridge Road, about 5 p.m. on Sunday, the 17th—he said, "I did not shoot the man; I shot mine into the ground." He was taken to the station and charged, and made no reply.
FREDERICK ALLEN (Detective, J). At 10 a.m. on February 20th I arrested Smith—I told him I should take him into custody for being concerned with four others in shooting a man in Cambridge Road on the 17th—he said, "I have not got a pistol. I was in a coffee-shop; we all
Sixth Session, 1900—1901. 397
came out together; someone fired two shots; one of them struck the board outside the Post-office, and the other one hit a Jew man; I gave my pistol to a boy named Knowles"—I went to Smith's house, 29, Gale's Gardens, and found two cartridges in the ticket pocket of the jacket he is now wearing—I showed them to him at the station—he said, "I had a pistol about three months ago, and they may have been in there since then"—he was charged and made no reply.
Smith's defence: I was only walking behind them.
SMITH, PARDOE and SKINNER— GUILTY of a common assault. There was a further indictment against them for demanding money with menaces, upon which no evidence was offered. — To enter into recognizances to come up for judgment if called on.
OLD COURT.—Tuesday, March 26th, 1901.
Before Mr. Recorder.
261. ANNIE LEWIS (61) and ANNIE BALE (44) PLEADED GUILTY to stealing five capes and two jackets, the property of John Howes, also to stealing two jackets. the property of Alfred Stedall, both having been convicted of felony, Lewis at West London Police-court on August 31st, 1900, and Ball at this Court on May 20th, 1895. Ten other convictions, including four of penal servitude, were proved against Lewis , and four against Ball, including twoterms of penal servitude .—Three years' penal servitude each.
262. THOMAS FOWELL (28), otherwise FRANK BUTLER , to stealing a ring, the property of Jessie Terry, also to stealing a coat and other articles, the property of Frederick Lehmann, having been convicted of felony at Folkestone on October 31st, 1899, as Frank Butler. Nine other convictions were proved against him.— Seven years' penal servitude. [Pleaded guilty: See original trial image.]
263. GEORGE CHIVERS (51) , to unlawfully throwing a fish-spanner at a railway train. Eleven convictions were proved against him.— Twelve months' hard labour. [Pleaded guilty: See original trial image.]
264. CHARLES GRIFFITHS (48) , to attempting to obtain a gun from John Harris Square by false pretences, also to unlawfully forging a telegram, with intent to defraud, having been convicted of felony on February 7th, 1900.— Nine months' hard labour. † [Pleaded guilty: See original trial image.]
266. ETHEL BALL (21) , to stealing two sheets, the property of Berta Hanenstein, also to obtaining a quantity of under-clothing, the property of John Smith, by false pretences, having been convicted of obtaining money by false pretences on January 15th, 1900.— Nine months' hard labour. [Pleaded guilty: See original trial image.]
MR. POYNTER Prosecuted.
WALTER HOOD . I am a waiter, employed as an extra man at Anderton's Hotel, Fleet Street, and live at Gloucester Road, Theobald's Road—on February 28th, between 12.30 and 1 a.m., I left the hotel—I had about 4s. or 5s. on me—I had had the same amount of drink as I
usually have—I knew what I was about—I went into Theobald's Road, where I was spoken to by Martin—I did not speak to her, because it was opposite the house where I live—I was suddenly struck twice by Carroll; once on the back of my head and once in my face—I believe the woman struck me—I was not locked up for being drunk and incapable that night—I was rendered insensible by the violence—I was knocked down, and I believe I was grappling with Carroll till he and I were locked up—I went to the station, and then went home—next morning I made a mistake, and went to the wrong Police-station.
Cross-examined by Carroll. I did not ask Martin to have a cup of coffee—she did not tell me to go about my business—I did not use bad language to her—I did not see you, you came up behind—I did not strike you first—you put your hand into my right-hand trousers pocket, and tore it; and you opened my waistcoat—I did not lose any money, but that was not your fault—I will not swear that Martin struck me, but she tried to help you.
WALTER GOOSS (384 D). About 1.15 on March 1st I was on plain clothes duty in Theobald's Road—I saw Martin on the footway—I saw Hood coming along on the same side—Martin went up to him and said something, I could not hear what—Hood said, "I have got a wife of my own; I live round the corner"—she stood in front of him, and at the same time Carroll, who was standing behind a urinal near by, crossed the road to where Martin and Hood were standing—he got in front of Hood, and said, "What are you doing here with my wife?" and put his left hand into Hood's right-hand pocket—he protested—I could not hear what he said, and Carroll knocked him down four times—when he got up the fourth time Martin struck him in the face—I went across and arrested Carroll—he said, "All right, I will go to the station quietly"—Police-constable Wall, whom I had spoken to, took Martin—the prisoner made no reply to the charge—Hood was very dazed.
Cross-examined by Carroll. Hood did not attempt to strike you first—I was four or five yards from you when you attempted to rob him—on the way to the station Hood attempted to strike you; he wanted to fight you in the station—when you said I ought to charge Hood with using obscene language, I did not say, "We do as we like with them when we have them inside here"—Hood was drunk when he came to the Court next morning, and was told by the Magistrate to come the next Saturday.
ALBERT WALL (164 E). At 1.15 a.m. on March 1st I was on duty in Theobald's Road—I saw Martin talking to Hood, and I saw Carroll cross the road towards them, and stand facing Hood—he said, "What are you saying to my wife?"—he felt in Hood's left-hand pocket with his right hand; something was said which I could not hear, and then he struck him in the face and knocked him down—Martin also struck him, and I took her into custody—she said nothing.
Cross-examined by Carroll. The prosecutor did not want to fight you in the station—I did not hear him use bad language towards Martin, or say that he did not wish to charge you.
Before the Magistrate each prisoner said:"I do not wish to say anything now; I call no witnesses."
Carroll, in his defence, on oath, said that he had been out with some friends; that he met Martin in Oxford Street; that he did not know her before, but was seeing her home; that he left her for a minute to go to the urinal, and when he came out he saw Hood talking to her, and using filthy language; that he asked him what he meant by doing so, and that Hood attempted to strike him; that, to defend himself, he knocked him down; that the police came up and said they would charge him with assault and attempted robbery; that he had a good character, and had worked for Greenlaw & Co. for six and a-half years, and for Hine, Parker & Co. for a year, for Milness & Shales for two years, and was now working for his father, a decorator; and that he had no reason to rob the prosecutor; he denied that he had lived with Martin, that he had ever been in trouble, or charged with any offence.
Evidence in Reply.
ALFRED SCHOLES (Police Sergeant D). Carroll was charged with stealing jewellery on October 8th, 1900, at Tottenham Court Road Police-station, and, after two remands, was discharged at Bow Street under the name of Collins—I have known him since then as an associate of most dangerous characters, some now undergoing penal servitude, who have been sentenced this year, and were then convicted thieves—I have seen him a dozen times with Martin since October, she is a prostitute, and frequents Tottenham Court Road—another officer has recognised Carroll since he has been in Court.
PERCY WHITE (Detective, L). I recognised Carroll this morning—he was sentenced en May 25th, 1899, to one month's hard labour, in the name of John William Young, at Bow Street Police-court, for attempting to pick pockets, with a man named John Leycester—since he has been out I have seen him with a man named Milk, who is now undergoing penal servitude—I know him as an associate of thieves.
GUILTY .—MARTIN— Nine months' hard labour; CARROLL— Three years' penal servitude.
NEW COURT.—Wednesday, March 27th, 1901.
Before Mr. Recorder.
MR. JENKINS Prosecuted, and MR. FOWKE Defended.
Cross-examined. I did not know the prisoner—I did not then know that he had been married in 1874—I am only related to him by marriage—my wife and Caroline Barnard are sisters.
FRANCES JACKSON . I am a nurse, and live at 54, Clarence Road, Kentish Town—I went through a marriage ceremony with the prisoner in December, 1897, at Camden Town—he described himself as a widower—I had no
knowledge that he had a wife living—I lived with him a year and three months—I learned at the beginning of last November that his wife was alive—I had left him three times through his bad conduct—he is an advertising contractor—I produce a copy of our marriage certificate—I gave him in custody three weeks ago, two days after finding out where he was—I did not know where he was before.
Cross-examined. I left him in November because I heard that he was married—this letter is my writing—(An affectionate letter to the prisoner.)—he has children—I pawned a good many of his things—I only knew he had been married once before.
Re-examined. I pawned his things because he went away and kept me without food.
WALTER GALE (Policeman). On March 11th I went with Miss Jackson to 66, St. George's Street, Southwark, and took the prisoner in custody—I produce a certificate of his marriage to his real wife at the District Registrar's Office, St. Saviour's, Southwark—I have not seen her.
GUILTY .—The prosecutrix stated that the prisoner had seduced her before their marriage.— Six months in the second division.
MR. WARBURTON Prosecuted, and MR. RANDOLPH Defended.
At the suggestion of the RECORDER, MR. WARBURTON consented to a verdict of GUILTY of unlawfully wounding. — To enter into recognizances to come up for judgment if called upon.
MR. GRIFFITHS Prosecuted, and MR. PURCELL Defended.
GEORGE BRENCHLEY . I am a general carman, of 23, Northumberland Street, Poplar—on February 28th I had to deliver some coffee in Tower Street—there is a back entry to the warehouse in Seething Lane—I got there about 11.40 a.m., and went to call someone to help me—I was away about four minutes, and when I came back the van and contents were gone—there was a bag of coffee weighing lcwt. 2qr. 141b., value ₤5 17s., four empty bags, a stable key, and a tub—I ran towards Tower Hill, and a carman named Lee, whom I knew, said, "Your van has gone over the hill"—I jumped upon his trolley, and we went after my van, and lost fight of it in Leman Street—I gave information at the station, and Lee described the man—I saw my van the same night at Bethnal Green Station—the shafts were broken to atoms, the harness and the coffee were gone, and the contents of the van, but the coffee-bag was there.
PATRICK LEE . I am a carman, of York Street, Old Gravel Lane—I know Brenchley and his horse and van—on Thursday, February 28th, I was in a van on Tower Hill, and saw the prisoner driving Brenchley's van—I saw what looked like a coffee-bag in it, and a cask—as he passed me he nodded his head and laughed at me—he had the reins and a whip in his hands—another man was sitting on the tailboard—I saw Brenchley coming—he jumped on my van, and we went after the prisoner, but did
not catch him—I gave information to the police—I have known the prisoner three years, and picked him out on the Sunday morning from 12 other men.
Cross-examined. I do not know the other man—the prisoner was driving very fast—he was on the front, with his feet on the panel—I was driving slowly—there were other vehicles on Tower Hill, in front of and behind Brenchley's—the prisoner always laughs at me every time he sees me—I do not know where he lives; I know him about Wapping—he is generally dressed the same—I am a little deaf—the police wrote down the description I gave.
Re-examined. I told the policeman whose van he was driving—I knew it well, and both the men—Martin is the name of the other man.
ALBERT SPENCELEY (40 H.R.). I am stationed at King David Lane—I received information of this robbery at a quarter to 5—I met the prisoner in Gravel Lane on Sunday morning, the 3rd, and told him he answered the description of a man who was charged with stealing a van—he said, "It is a mistake, and you have got to prove it"—the horse and van were then at Bethnal Green.
Cross-examined. He gave his address in Coleman Street, City—I did not find out whether that was correct.
WILLIAM MILLER (City Detective). The prisoner was brought to me at the Minories on Sunday morning, and charged with stealing a horse and van and contents—he made no reply—I saw the van—both shafts were broken.
Cross-examined. The Metropolitan policeman did not say to me that the prisoner said, "It is a mistake, and you have got to prove it;" but he said so at the Mansion House—I sent an officer to 6, Coleman Street, and found it was the prisoner's correct address.
GUILTY .—He then PLEADED GUILTY to a conviction at Clerkenwell on April 18th, 1899. He had also been convicted in 1885, when he was a boy.— Eighteen months' hard labour.
MR. BLACKWELL Prosecuted.
WILLIAM ASSER . I am carman to Edward Lloyd, a carman, of Norfolk Street, Mile End—on February 25th, at 12.45, I was in Fleet Street, delivering cases—I went up a court and got a hand-truck, and when I came back I missed a case from the van—I spoke to a constable, and afterwards saw Rose with a detective—I did not see Compton.
HENRY BEECHEY (City Detective). On February 25th, about 12.50, I was on duty in Fleet Street and saw Lloyd's trolley on the near side—I saw the prisoners with two others—they went up to the trolley and took a case and put the tailboard up and went away—I followed the van up Fetter Lane, and asked Rose where he was going with the case, and to show me his bill—he said that he had not got one—I took him back and met Asser, who said that he had lost it—the van was examined, and two jemmies, two chisels, an axe, a screw-hammer, a handsaw, and two pieces of canvas were found in it, wrapped up—it was a covered one-horse van.
Cross-examined by Compton. I saw you go up to the van with three others and take the case—you were on the footway—there was nobody in the van.
JAMES KENNEDY (349, City). On February 25th, about 12.45, I was in Fetter Lane—Beechey spoke to me—I stopped the van, and Compton was given into my charge; I detained him while Rose was taken—I took him to the station—he was charged with being concerned with Rose in stealing a case off a trolley in Fleet Street; he made no reply.
Compton's defence: I was not engaged in moving the case; I simply got up in the van to have a ride.
COMPTON— GUILTY .
Both prisoners then PLEADED GUILTY to previous convictions; Rose at Guildhall on September 2nd, 1898; and Compton, at Clerkenwell, on December 5th, 1899. Five other convictions were proved against Rose, and two against Compton, who had also been convicted of robbery with violence at Cape Town, when he was in the Army.
COMPTON— Four years' penal servitude; ROSE— Eighteen months' hard labour.
MR. RAVEN Prosecuted, and MR. LEYCESTER Defended.
The RECORDER directed the JURY to find a verdict of NOT GUILTY, as it appeared that the prisoner did not shoot at the prosecutrix, but fired a pistol to frighten her.
NOT GUILTY(See next case.)
MR. RICHARDSON Prosecuted.
JAMES PADDON . I am a labourer, of 144, Corporation Street, Plaistow—on February 26th, about 7.45, I was in George Yard, Whitechapel, and was seized by two men and a woman; they laid on me, and took 4s. 41/2d. and some keys and a purse from me—one said, "Have you got it, Jack?"—they ran away, and I got up and hunted every public-house for two hours, and found the prisoner in the Duke's Head—I recognised him—he turned very white—I gave him in custody; he is the man who sat on my arm and said, "If you lie quiet we will not hurt you."
HENRY BUTLER (191, H). Mr. Paddon called me, and I went with him to Whitechapel Road, where he showed me the prisoner in a public-house bar, and gave him in custody for an assault; he said that he was not there; the Duke's Head is about half a mile from where the prosecutor was robbed.
Prisoner's defence: I had been at work, and he came in and said, "That is the man," and gave me in charge; he came to the station, and I told him I would make him pay for it. I went to see the landlord of the Duke's Head last night, and he said he would be here.
Evidence for the Defence.
MRS. SAUNDERS. The prisoner is my brother; he is a potman—he has never been in a Police-court, or charged with anything—he has always had an honest character.
NOT GUILTY .
MR. WARBURTON Prosecuted.
CATHERINE COLLINS . I live at 36, Crescent Street, Kensington—on March 16th, about 2 a.m., I was in Blenheim Crescent; the prisoner followed me down the street—I had never seen him before—I said that I did not want him; he grabbed at my hand, and took four penny pieces and ran across the road; I ran after him and called out—he threw me on my back and ran off; a policeman came up; I saw the prisoner at the station.
Cross-examined by the prisoner. I did not ask you to go for a walk with me, nor did you push me away—I did not wait till I got into another road before I shouted out—I did not accost you, with two other women.
JOSEPH DAVIS (225, F). On March 16th, about 2 a.m., I heard screams of "Murder!" and found the prosecutrix crying—two women gave me the prisoner's name, and I found him with a hand up to his face; the prosecutrix said, "That is the man"; I said, "Martin, I want you"; he said, "What for?"—I said, "Robbery with violence"; I took him to the station—5 1/2d. was found on him.
Cross-examined. You walked away—I have known you for seven years.
ELIZABETH OWEN . I live at 47, Hems Street, Notting Hill—on March 6th I was in Clarendon Road, and heard a woman scream—she was running, and the prisoner was following her—he knocked her down and kicked her, and ran into Portland Road—I communicated with an officer, who is not present—several men ran in different directions.
Cross-examined. You were by my side when the constable came up.
Prisoner's defence: I left home about 1.30. I had not to go to work till 4 o'clock, when I got paid off. I had come from Cardiff. This woman came up to me and asked me to go for a walk with her. I said, "No, I have no money." She still followed me, and I pushed her away I have always worked hard for my living. Here are my certificates when I left my ship—(Handing in certificates to his character).
Evidence in reply to the prisoner.
— PAYNE (Policeman). Prisoner has been convicted of drunkenness and fighting nine times—he was charged at Marylebone in December and discharged—he is the associate of thieves—he is a general bad character, and a terror to the neighbourhood—two years ago an ice-cream man was obbed, who gave the prisoner's name, and he ran away, and I did not ree him for two years.
GUILTY .—The police stated that one of the prisoner's friends was now under remand charged with assaulting the witness Owen, to prevent her giving evidence.— Twenty months' hard labour.
OLD COURT.—Wednesday and Thursday, March 27th and 28th, 1901
Before Mr. Justice Channell.
276. THOMAS JAMES and ERNEST TESTER PLEADED GUILTY to feloniously sending a letter, with menaces, demanding ₤5, to Henry Strube Elliott, Tester having been convicted of felony at Clerkenwell on February 28th, 1898.—James received a good character.— Six months' hard labour each. And
278. ALFRED WHITE (35) and ROSE WHITE (36) , Unlawfully and wilfully neglecting Florence White, or Thompson , aged 10 years, in a manner likely to cause her unnecessary suffering. Second Count: Ill-treating her in a like manner.
MR. HUTTON Prosecuted.
AGNES LOUISA KEBLE . I am the wife of Frederick Keble, a still-worker, of 18, Clarence Street, Rotherhithe—I took care of Florence Thompson; she was the daughter of the male prisoner; her mother had been living with him—the child's mother died about 12 months ago last May or June—when I took charge of Florence and another child she was a strong and healthy child, about eight years old—she was not a dirty child—she did not suffer from ill-health at all while with me—in October, 1899, I gave her back to the male prisoner, who had then been married to the female prisoner for about a fortnight—the child had a good head of hair—I saw her again about December, when the female prisoner was ill; she looked well then—I saw her again on January 10th—she looked very pale and thin, and had a bruise on her cheek—I saw her again at Whitsuntide—she was very dirty, and had a gash across her face; her hair was thin, scanty, dirty, and matted—I did not see her again till she was at the infirmary; she was then nothing but skin and bone—I did not recognise this photo of her at first.
Cross-examined by Rose White. I think it was at Whitsun that I saw the child—I said that you would have to be careful of her head; she had a slight discharge from her ears.
ANNIE CHAPMAN . I am the wife of Alfred Chapman, a laundry carman, of Silchester Road—the male prisoner and Florence's mother lodged in my house for two years—they left the year before last—Florence was with them all the time they were with me; they were not with me when she died—the female prisoner never lived in my house—the child was a fine, fat, big girl—I saw her the day after she went to live with the prisoners—I saw her once after that, playing in the street—she had a cut across her eye—she looked very poorly and thin; she did not look very dirty—I saw her about three weeks or a month before she went to the infirmary—she was then looking very bad indeed; I hardly knew her—I asked her if she felt ill, and if she would like a biscuit; she shook her head—I gave her a biscuit; she snatched it from me, and ran away—she had very little clothes on; it was a pouring wet day—I spoke to the female prisoner about her once—she complained about the child being dirty.
Cross-examined by Alfred White. I saw the child out in the rain with not much on.
Cross-examined by Rose White. I gave her 1/2d.—I did not see her at Whitsun.
JESSIE SHOWL . I am the wife of Frederick Showl, and am assistant schoolmistress at St. Helen's Church School—Florence White was one of my pupils—she came first about 18 months ago; she was a healthy child—I never noticed anything dirty about her—she had long hair, and was well nourished—she remained with me till about last July—I noticed that she got thinner and quieter—the school broke up in July, and she never returned—she was not especially intelligent, but was likely to get on.
JAMES JENNER . I am a wood-chopper, of 22, Kenley Road—I have known the male prisoner 12 or 14 years—I used to work for him—I remember Florence being with him—I was working for him when she was taken away—when she first came under his care she was in a very good condition—just before she went away she looked rather thin and very dirty; she had a black eye—I asked her father two or three times to have a doctor to have her seen to—he said he should have to try and do something—he was a master wood-chopper—we worked at his home.
Cross-examined by Alfred White. While you were ill in bed I said to you, "Why don't you get the same doctor who is attending you to attend to her?" and you made no answer.
JOHN ROBERTS . I am an inspector in the employ of the Society for the Prevention of Cruelty to Children—on November 17th I went to 4, Calvery Street, about 10.30 a.m., and saw both the prisoners—I told them I had received complaints about neglecting their child—they first of all brought in two of their own children—they were fairly well nourished and fairly clean—I then saw Florence—she was extremely thin—her skin was nearly black with dirt—her head was a mass of sores—she had one black eye and a bruised forehead; her nose was badly bruised, the side of her face was bruised, her lips swollen and cut, with a scab on it; her left wrist was bruised; there were vermin on the top of her head, which was nearly bald, and there was a large wound on the left side—her clothing was very thin, very dirty, verminous, and ragged—she was very frightened and nervous—I asked her questions in the prisoners' presence; she did not answer them—I said to the prisoners, "How can you account for the condition of this child?"—the woman replied, "She has fallen about and bruised herself; she is very dirty in her habits, and I have only chastised her in the proper manner; I cannot account for her thinness"—the man did not say anything then—I asked the woman to leave the room, and leave me and the father with the child—he said, "I did not know the child had a black eye; I have not seen her since Sunday last"—I said, "Has this child been seen by a doctor?"—he said, "No, but I have told my wife about it"—I took the child to a doctor in a cab—I went back with the doctor, and we both saw the room where the child slept; it was very dirty; the two beds were broken, the palliasses very dirty, and scarcely any bed clothes; the room smelt very badly; the child absolutely stank—her weight, without clothing, was 35 3/4lb.—I noticed a large bruise between her shoulders.
and found she was in a very thin and emaciated condition; her skin was extremely dirty, and her clothes were very dirty and scanty—she was slightly knock-kneed, her back was bruised, and she was slightly pigeon-breasted—I think the bruise on the back was the result of direct violence—she had very little hair on her head, and what she had was verminous—there was a large scab on the left side of her head, about 2in. above the ear—the right eyelid and the skin round it were discoloured, and also the bridge of her nose—there were sores on her head—they may have been caused by the filth or by a blow—she was very cowed—I had great difficulty in getting her to answer any questions—I think the bruisings and marks were all caused at different times—she had slight symptoms of chest disease, but not, in my opinion, sufficient to cause the emaciation I saw—she was apparently about nine years old—I did not see her weighed—I do not think she was quite up to the average height—the average weight of a child of her age and height would be about 601b., or a little more—her condition would be noticed by anybody; she was a wretched object—I went to the house with the inspector, and saw the room in which it was said the child slept—I agree with the inspector as to its condition—sleeping there would be likely to be injurious to its health, because of its dirty condition—I saw the other children; they were in a fair condition of health, but not over clean—there was great difference between them and the other child—my impression is that the child had been starved and very much neglected; that would account for its condition; disease would cause it, but the evidence of disease was very slight—I found symptoms of slight bronchitis.
Cross-examined by Alfred White. I only saw the child once.
DUNSTAN BREWER . I am Medical Officer at the Kensington Infirmary—Florence White was admitted on November 17th; she weighed 36 1/4lb.—I agree with the last witness as to the average weight of a child of her age and height, and with the evidence as to her condition—I attended her till her death—part of the emaciation was undoubtedly due to starvation—there was nothing in her condition to lead me to believe that she could not digest her food—ordinary care and soap and water would have kept her head clean—I noticed that she had a black eye—I think that was caused by direct violence, and not by a fall—I noticed a bruise on her back—I say that was due to direct violence—her condition must have been apparent to anyone for some time—she died on December 22nd of consumption—I made a postmortem examination—I found a bruise on the top of her head of about two or three months' standing, I think—in my opinion that could only have been caused by direct violence.
Alfred White's defence: The child's mother died through drink; the child's head got dirty, and I told my wife to have her hair cut.
Rose White's defence: The child's head broke out in the spring. I used different ointments for it. I kept it as clean as I could; then her father told me to have her hair cut. She had plenty of food. I bathed her on the Friday, so her skin could not have been dirty on the Saturday."
ALFRED WHITE— GUILTY of neglect. —Two months' hard labour. ROSE WHITE— GUILTY of neglect and ill-treatment .— Eighteen months' hard labour.
MR. SANDS Prosecuted.
BRIDGET HODGES . On the night of February 27th I was in the Duke of Wellington public-house, Shepherd Street, Spitalfields—the prisoner came in—I had had a drink that night, but nothing to upset me—she said she would take my life that night; it was my last night on earth—I said, "Mind you don't make a mistake"—she said, "Come out and fight"—I declined to fight, and said, "Fight somebody else"—the governor turned me out—I saw a policeman, and spoke to him—I then went towards White's Row—the prisoner ran after me—I turned round, and she struck me on my head and face, and knocked me down—I do not know what she struck me with—she said, "I will have your life"—a policeman came up, and I was taken to the station and to the infirmary.
Cross-examined by the prisoner. I did not tell the nurse at the infirmary that I did not remember anything that was done—I did not strike you with a quart pot—you did not say if I attacked you you would attack me again.
KATE BUCKLEY . I live at 8, White's Row, Spitalfields—I went into the Duke of Wellington with the prisoner and another woman about 10.30 p.m. on February 27th—the prosecutrix and her husband were in there—we all had some drink together—the prosecutrix was very drunk—she and the prisoner quarrelled—the prisoner and I went out together—the governor of the public-house turned the prosecutrix out—I did not see what happened outside.
Cross-examined. I saw the prosecutrix pick up a pot, but I cannot say if she hit you.
Re-examined. They had had a quarrel some time ago, and the prisoner got 12 months.
THOMAS CURTIS (323 H). I was in Shepherd Street, Spitalfields, about 10.45 on February 27th, near the Duke of Wellington—I saw the prisoner and the prosecutrix being ejected from the public-house—after the prisoner and Buckley had gone away Hodges spoke to me—I went round Commercial Street with her for about 50 yards, and then left her to go on alone—I saw the prisoner and Buckley standing on the opposite side of the road to Hodges—Buckley came across and spoke to me—the prisoner followed the prosecutrix, and when she got up to her she stuck a knife into the left side of her head—I was about 15 yards away—when I got up to them the prosecutrix was lying on the pavement, and the prisoner had a knife in her hand—I said, "Give it to me"—she dropped it on the pavement—I took both women to the station—the prosecutrix was seen by the divisional surgeon, and then was taken to the infirmary—when the prisoner was charged in the dock she said, "I wish I had had time; I would have stuck it into her throat; I wish I had done more"—when I arrested her she said, "I will go quietly"—she
lives in a lodging-house in White's Row—when the prosecutrix was turned out of the public-house she was not drunk, but she had had a glass or two—the prisoner was also sober—she might have had a glass—at the Police-court she asked the Magistrate if the landlord could attend—he is not here—he said he never saw any acts of violence in the public-house, but that they were abusing one another, and he turned them out.
Cross-examined. I could see what happened perfectly well—the prosecutrix was in front of you; she did not follow you.
ALBERT FOGWELL (28 H). I saw Curtis with the prisoner in custody—I found the prosecutrix lying off the footway, bleeding from her side and face and the top of the head—I should not say she was drunk—at the station the prisoner said, "I wish I had had time; I would have stuck it into her throat instead of her side. I have had 12 months, and I will do five years with a good heart. If I had not been drunk I would not have done it; I kept sober for the purpose"—I charged her, and she said, "All right; I will willingly swing for her. I hope the b—cow will die"—a young woman came to the station with her, and the prisoner said to her, "When I come out, it will be your turn next"—her name is Lawler; she has left the neighbourhood, and we cannot find her.
JOHN FREDERICK WALKER . I am senior medical officer at the White-chapel Infirmary—the prosecutrix was brought into the infirmary at 2 a.m. on February 28th, suffering from four wounds, two of which were slight and two serious; one of the slight ones was just above the angle of her mouth, on the left side, and the other just at the junction of the hair of the scalp and the forehead—the two serious wounds were one on each side, one 1in. long, a clean cut wound, and 1 1/8in. deep; there was not much bleeding from it; the other was also lin. wide and 1/2in. deep; it did not bleed much—considerable violence would be required to cause the wounds with this knife (Produced)—she was not wearing stays, but a cloth jacket and some thin clothes—the actual wounds were not, in my opinion, dangerous, as no large vessel had been severed; but for the first four days there was danger, from the liability of dirt being carried into the lung—in my opinion she was under the influence of alcohol.
The prisoner's statement before the Magistrate: "I reserve my defence; I want the landlord of the public-house called at the trial."
The prisoner, in her defence, said that the quarrel had been going on since the was 17, that she had tried to get out of England, that the prosecutrix threatened her with a glass, and that she could not control herself.
GUILTY on the Second Count .— Seven years' penal servitude.
280. ALFRED ASPNEY RONALYN BAKER (38) , Obtaining ₤50 and ₤109 from Arthur Carlyon Stanley Stone by false pretences, and for incurring a debt and liability to Felipe Santiago Franco without informing him that he was an undischarged bankrupt.
MR. MUIR and MR. STEPHENSON Prosecuted.
WILLIAM GEORGE BEETLESTONE . I am a messenger in the London Bankruptcy Court, and I produce the file in the bankruptcy of Alfred Aspney Ronalyn Baker in 1892—he was adjudicated bankrupt on January 2nd, 1893; liabilities ₤636, assets nil—he has never been discharged—I also produce the file in the bankruptcy of Alfred Lussan, who was
adjudicated bankrupt on June 10th, 1896—on the file there is an amended statement of affairs, dated February 6th, 1898, liabilities ₤1, 358 10s., assets nil—amongst the creditors is the name of John Robinson, of Warnford Court, City—a dividend of 5s. 2d. in the ₤ was paid, but there is no discharge.
GEORGE DILLINGHAM . I am a clerk in the Peterborough County Court, and produce the file in the bankruptcy of Alfred De Lussan, of Woodcroft Castle, Market Deeping; that is the prisoner—the order for adjudication is dated February 26th, 1900—the liabilities are ₤2,583. and assets nil—there are notes of the defendant's examination on the file—the answers were given to the questions, and were signed—he is still undischarged—I also produce the file in the bankruptcy of Eliza Baker, of Granville House, Glinton—the order of adjudication is dated January 5th, 1895, on the petition of Mr. Richardson, a jeweller—a judgment of ₤342 had been obtained against her and the prisoner—the liabilities of Mrs. Baker are ₤392 0s. 6d. assets ₤11—there hat been no discharge—I should not recognise Mrs. Baker again.
HOWARD WILLIAM COX . I am the Official Receiver at Cambridge and Peterborough—the prisoner's bankruptcy is in the Peterborough district—I am the trustee in his bankruptcy—I have been unable to find any assets belonging to him—there are no assets that I can realise anything on—they will all go to thet rustees in the previous bankruptcy before they come to me—I am also trustee in his mother's bankruptcy; that is Eliza Baker—she has a life interest under her husband's will, and the rents are being received by the Chancery Division of the High Court of Justice—nothing comes to me, but I believe in two and a half years the mortgages will be paid off, when I hope to get something, which I shall have to pay to the creditors, so there will be nothing for the prisoner till after that—I examined the prisoner—he was also examined by Mr. Stone, a creditor and a solicitor—(The prisoner's examination was partly read.)
WOLFF LEVY . The late Mr. Rubenstein, solicitor, of Regent Street, acted for me in a matter of an advance of ₤400 which I made to the prisoner—I have not received the ₤400 or the interest, from the prisoner—on May 20th, 1897, I assigned the mortgage to Rubenstein—this is it, dated May 12th, 1900, signed by Alfred Baker—this (Produced) is the document by which I assigned the mortgage to Rubenstein for ₤680.
Cross-examined by the prisoner. My solicitor told me it was a good security—I believe the interest was 6 per cent.
Cross-examined. I recollect your calling at Mr. Rubenstein's office in the summer of 1898—I do not remember if there were any money transactions between you and Mr. Rubenstein after that—I cannot remember your sending him any money—I believe you had transactions, but I cannot say what they were.
GRAHAM JAMES DAVIS . I am one of the firm of Edward Lee, Davis & Lee, of Gresham Buildings, solicitors—we acted for Mr. Wolff Levy in reference to this mortgage—about June 29th, 1891, we issued a writ before the foreclosure action, and about February 20th, 1892, we obtained
an order nisi for foreclosure—we filed some deeds in the possession of the Mercantile Bank, and an appointment was made that the prisoner on November 17th, 1892, should pay over the amount which the chief clerk said was due to him—₤573 7✗. 2d. was to be paid—I discovered that some of the bills were with the Mercantile Bank, some in the possession of the prisoner, and some with a third person—on October 28th, 1892, an order was made appointing a receiver for the rents and profits of the real estate, to get in the assets of Alfred Baker, the prisoner's father, and to pay an annuity of ₤80 per annum to Mrs. Baker, the prisoner's mother; also to deposit in Court the deeds in the hands of the Mercantile Bank—on November 8th, 1892, I got these deeds from the prisoner, and he told me there were some more deeds in the possession of Mr. Davies, a solicitor, in Chancery Lane—they were handed to us two days later—we never made the order nisi absolute; we came to the conclusion that it was not worth while going to the expense.
Cross-examined. The order was not made absolute on account of the information we received, which was that you had already taken so much money from the estate that it was practically worthless—it was assigned to Mr. Rubenstein for ₤680, because Mr. Rubenstein felt that he had introduced Mr. Levy into the matter, and he felt he was bound to see him through—the receiver collected the rents for three or four years, and paid Mrs. Baker her annuity—she was allowed to live at Grenville House at a rental of ₤10 a year—she left it for some years, I believe, and it had been let for ₤30 a year—I made no difficulty about her returning there; the view I took was that if she went away and then returned I was to treat her as another tenant, and to let the house to her at ₤20 per annum.
WILLIAM ARTHUR SMYTHE . I am manager of the Mercantile Bank, Limited, 6, Old Jewry—in 1891 and 1892 Mr. Arthur Williamson was the manager—I produce a copy of the advances made by us to Alfred Baker between December 11th, 1891, and October 1st, 1892—the total amount advanced to him is ₤466 3s. 2d.; the amount due on October 1st, 1892, is ₤107 14s. 6d.—that was paid back—an order was made upon us to deliver up certain deeds—I suppose the advances were made on the deposit of deeds.
Cross-examined. There is nothing owing to us.
GEORGE BEVERLEY DIGBIE . I am a solicitor, of 2, Coleman Street—in 1891 I acted for Mr. Williamson and the Mercantile Bank in an action in which Mr. Levy was the plaintiff and Mrs. Eliza Baker, the prisoner, Mr. Williamson, and the Mercantile Bank were all defendants—an order was made to bring the deeds into Court—this (Produced) is a list of the documents brought into Court by the bank.
Cross-examined. You came and paid the amount owing to the bank, and liberated the deeds.
PERCY JAMES BOWIE . I am a clerk in the Record Department, Central Office, and produce a number of deeds which were brought into Court on November 23rd, 1892, in pursuance of an order of Mr. Justice Chitty—they have remained there ever since.
Cross-examined. It does not mention on this package how many documents there were.
WILLIAM GRAHAM WIER . I am a clerk to the Scottish Widows' life Assurance Company, Cornhill—in 1890 a policy for ₤500 was taken out on the life of Alfred Baker; the premium was ₤12 7s. 11d.—on May 12th, 1890, we had notice of the assignment of the policy to Wolff Levy—on August 5th, 1890, we received notice of Baker's bankruptcy—on May 20th, 1897, we received notice of a further assignment by Levy to Rubenstein—it is still alive—I do not know who has been paying the premiums.
JOHN ALEXANDER SIMPSON . I am a solicitor, of Parade Chambers, Nottingham—in 1895 a client of mine, Mr. Fraser, arranged to lend ₤200 to the prisoner—it was made through me—the security offered by the prisoner was on this mortgage under his late father's will—I arranged with Mr. Fox, a solicitor in Nottingham, to go to Glinton to see the deeds and complete the mortgage—I got a telegram from him, and authorised him to complete the mortgage without seeing the deeds—no interest was ever paid on the mortgage—the principal was eventually paid by my London agents, Messrs. Day & Russell, by two payments in 1896 and 1897—upon the payment being made on December 2nd, 1897, the deeds in my possession were handed to Messrs. Day & Russell—this is the receipt I received for them—I do not remember if any letter was received at the same time—I gave this letter, undertaking to re-convey if required.
Cross-examined. I think the final amount paid was ₤111; it may have been ₤118—the odd ₤11 or ₤18 was part of the interest—I believe the mortgage was in existence for two years and a half—about ₤12 in costs was paid—I do not remember if any draft was sent to you—I accepted ₤211 in full discharge of all payment—the ₤111 was the second payment.
FREDERICK WILLIAM FOX . I am a solicitor, of South Parade Chambers, Nottingham—on July 5th, 1895, I went to Glinton on behalf of Mr. Simpson, and saw the prisoner—I had ₤200 with me, and the unexecuted mortgage—I asked to see the deeds—the prisoner said they were with his mother's bankers, with some family jewellery, for safe custody—I telegraphed to Mr. Simpson for instructions, and upon the instructions I received I paid over the ₤200, less the costs—the prisoner executed the mortgage—in the deeds he is described as a surgeon, of 269, Regent Street, London—I think there was a policy assigned by the deed in the Gresham Life Office—I saw the prisoner's mother on that occasion—she knew of the mortgage—the house I went to was Grenville House, Glinton.
JOHN HENRY KING . I am a clerk in the Gresham Life Office, Poultry—this (Produced) is a policy, dated December 14th, 1895; the premium is payable on December 14th, 1894, and was effected on that date on the life of Alfred Baker, of Glinton, Northampton, for ₤250; annual premium, ₤5 14s. 2d.—no premium has been paid since December 14th, 1894—the policy is not now in existence.
FREDERICK GEORGE BUTCHER . I am district superintendent to the District Messengers' Company, at 269, Regent Street—our office is on the ground floor—I know the prisoner as a customer; I think he sent letters from there, or received them there—he did not occupy
any part of the premises, to my knowledge—I knew him as Baron de Lussan.
Cross-examined. We did not occupy the whole of the premises.
WILLIAM LANCASTER ROWE . In 1897 I was clerk to Messrs. Day, Russell & Co., solicitors, of 37, Norfolk Street—I acted with the prisoner at that time for the firm—I received from Mr. Simpson, on the prisoner's behalf, the documents mentioned in Exhibit 8—they were sent to the prisoner by post—they include the Fraser mortgage—I have got an undertaking to re-convey from Messrs. Ward, Simpson & Bowen.
JOHN JOSEPH MEAGHER . I am cashier at the Manchester and Salford Bank, at 2, Cockspur Street—on January 13th, 1897, a joint account was opened in the name of De Lussan and Robertson; both of those gentlemen could draw upon it, but Mr. de Lussan only drew upon it—this (Produced) is a cheque out of the book supplied to that account—it is signed by De Lussan—I recognise the prisoner—the cheque is for ₤17 1s. 5d., dated June 2nd, 1900, in favour of F. Franco—it was returned marked "No account"—the account had been closed by this cheque for ₤6 1s. 10d., drawing out the entire balance—it was filled up at the bank, and dated April 28th, 1896—it was presented on May 9th—it is signed by the prisoner—he had no right to draw this cheque in 1900.
Cross-examined. The cheque for ₤6 1s. 10d. was sent to Mr. Robertson—the total amount paid in is ₤400—I cannot say who the pass-book was sent to—it was sent to Mr. Robertson when the account was closed—this is a true copy of the account (Produced).
H.W. Cox (Re-examined). I have now my own file in De Lussan's bankruptcy, and also the proof of Mr. Stone.
Cross-examined. The proof was re-sworn on June 6th, 1900; originally sworn on May 29th—it is for ₤270, for moneys advanced and services rendered—I cannot say now why it was re-sworn.
ARTHUR CARLYON STANLEY STONE . I am a solicitor, of 31, Great St. Helen's—on November 17th, 1899, the prisoner called at my office—I knew him before as Baron de Lussan—he asked me to make him an advance on the Fraser mortgage, which he brought me, and to which was attached this letter from his wife—(Authorising the prisoner to deal on his wife's behalf with the Fraser mortgage in any way, which had been taken up by her.)—I read the deed through, and he explained it to me—a policy of insurance was referred to—he said his wife had it, and it was still in existence—he said the mortgage had been taken up by his wife, and she had paid ₤268, but it had never been actually legally transferred to her, and that steps were either being taken, or had been taken, to have that done—he also handed me a bill, dated September 25th, 1899, drawn by Alfred de Lussan for ₤250 on Henry E. Beckett, of 6, Northumberland Avenue, and accepted by him at four months' date—he said that Mr. Beckett was a man of substance, and the security was good—I advanced him on that day ₤50, on November 24th another ₤20, and December 1st ₤30—I have the cheques here; they are endorsed by him—I believed the mortgage was genuine, and that his wife had taken it up—I regarded the bill as a genuine one—I accepted the prisoner's representation that the policy of insurance was extant—I should not have advanced money upon the security without the existing life policy, because it is not an
absolute reversion, it is a contingent reversion—this charge was prepared upon the prisoner's instructions, and brought to me on December 16th by him, as having been executed by his wife that morning at the Hotel Metropole—from that I believed the lady had purchased from the prisoner's mother her life interest under the father's will, and that she was in possession of the reversion—I advanced another ₤25, and subsequently other money—he said his wife had the deeds, and that they would come on presently—I believed that the bill accepted by Mr. Beckett was not paid; it was returned—I saw Mr. Beckett—he went bankrupt—the prisoner went bankrupt in January, 1900—I did not get judgment till March, 1900—Beckett went bankrupt a month or so after I got judgment—I had notice of the defendant's receiving order—I have not got anything at all so far—when I was lending the prisoner money I did not know he was an undischarged bankrupt—I learned of it, as a fact, about the end of January, 1900.
Cross-examined. The first time I ever saw you was, I believe, in December, 1898—I made an advance then of ₤100; shortly afterwards, I believe, I paid ₤12 12s. for you—I received those moneys back with costs.—I have been to Woodcroft Castle once—I had the lease in my possession—I give receipts when I am asked for them whenever I receive money—I have acted as solicitor for you and your wife on and off till January, 1900, but I acted more for your wife—I got a knowledge of your affairs—I do not recollect giving you to understand that so long as a certain amount of business was brought to me, if a small advance was wanted, I was prepared to make it—we acted for you to a considerable extent—we acted for you against the Capital and Counties Bank, and a writ was issued—I did not see your wife in January, 1900—I advanced you ₤186 10s. in cash, I believe, on property in Hyde Park Terrace—I advanced you money on your wife's signature—the costs and interest in the Hyde Park Terrace property brought the sum up to ₤294 10s. 5d., which amount we received; there was over ₤100 in costs—I gave a receipt for that amount—I got the money from the first mortgagees—we do not keep a letter-book, we have too many letters; they are kept on files—in June, 1899, I acted for you in the matter of Willcox—you instructed us in the action, and we did our best to defend it—you never said a word about your bankruptcy—I only met a Mr. Cowell two or three times—I recollect the matter "Re Brown"—you did not discuss your bankruptcy then—we acted in "Re Morris"—I did not see you then; you saw my partner—the subject was mentioned to me afterwards, and you denied the bankruptcy—there was a charge against you of obtaining credit without disclosing your bankruptcy—I asked you if you had been bankrupt, and you said No, and that it was a mistake about a half-brother of the same name—we got written instructions, signed by you and your wife, authorising us to act as your solicitor in a matter "Re Wright and Fairer," and to receive the letters from Mr. Cowell—you saw me many times upon that matter—I think my partner met you in the Law Courts, and was introduced to your wife—we got the papers in November, after some difficulty from Mr. Cowell, who was acting for you—I have read them, but not at that time—I cannot say if your bankruptcy is alluded to in them—to the best of my
recollection, it is not—I have not got them here—the money paid by the Capital and Counties Bank was not actually paid till January 3rd, 1900—I have no recollection of having made an advance without any security—on October 12th, 1899, there is an advance of ₤15—I do not think the ₤12 12s. is on any security—the advance of ₤186 10s. was made before I received the notice from the third mortgagee—my opinion is that you knew the securities on which you were asking me to advance money were worthless; of course at that time I did not think them valueless—there was another security given me in the shape of some shares in the Wood-ward Electric Company—I declined to have anything to do with that—I did not advance any money on it—you might have said on November 17th that you wanted to consult me about the Fraser mortgage, but that it was too long to enter into then—I do not remember it—I said it was no security to me as it was then—I do not think we discussed Beckett's position—I asked you if he was worth the money, and you said, "Of course, he is a man of money"—I do not remember you saying he lived at Blackheath, in a house for which he paid ₤200 a year—I know he was a director of the Electric Company, and it is quite possible you told me so—I know you referred to Mr. Littler as thinking highly of it—at some time or other I had a transfer from your wife in the Gelong Company that is worth about ₤5—the Randreef is another security altogether—if I had recovered the money from Beckett it would have covered your wife's indebtedness to me—I should have held the deed in trust for your wife—considerably more than ₤270 was owing to me—I did not prove for more because I should have had to pay for the bill and for the taxing, and I should be in the same position as I am in now—I should not charge you when making you advances, and there would be no record in our books of your having called—I did not know that Mr. Rubenstein had any interest in this till these proceedings—you did not disclose it to me at that time—you did not say he had the original charge—I do not remember you writing me a list of the property connected with the Fraser deed—you told me what the property consisted of—you never said that if the property was nursed the security would right itself—you never said that if the advance was carried through, Mrs. Baker would vacate Grenville House, and it might be let—the security was not worth more than ₤200—you wanted someone who would let you have some money, but not in a lump sum, you wanted several small advances—I intimated to you that a fraud had been committed on me—that was towards the end of January—I never implicated your wife in the false pretence, if it is one—it is quite possible that I intimated to her that you had committed a fraud on me—I said no steps would be taken against her—you may take it that I acted as your banker—you did not continually pay sums of money to me—you gave me ₤100 to pay the rent of Woodcroft Castle—I paid it away—I was paid ₤52 3s. 6d., which repaid me for an advance I had made to Mrs. Baker—I received ₤100 from the landlord of Woodcroft Castle for a surrender of the lease, which money was accounted for to your wife—I advanced ₤11 on May 11th, but not to you; it was to your wife—what she did with it I cannot say—I know I declined to have any more financial dealings with you—it is quite possible that you came to my
office in June, and that we had a row—I cannot say what it was about; it was not because of the advances made to your wife; you never complained about them.
Re-examined. I know now that the prisoner was bankrupt in 1893—that was prior to the deed of July 5th, 1895—the cheque for ₤15 for expenses was returned, marked "No account"—I attached no security to the shares in the Electric Storage Battery Company—I did not know of the prisoner's mother's bankruptcy when I advanced the money—I never knew at what date his mother was alleged to have transferred her interest under the father's will to the prisoner's wife—I never saw any document transferring the interest.
BARRY COHEN . I am a solicitor, of 2, Finsbury Circus, and am solicitor to Mr. John Robertson, of 2, Warnford Court, City—he is now in America—this deed (Produced) came into my possession from Mr. Robertson; it was made on May 12th, 1896, between Mr. Robertson and Alfred Lussan the prisoner, reciting the advance between November, 1895, and May, 1896, of ₤1,000 at 5 per cent, by Mr. Robertson; it has not been paid, but a small dividend of 5s. 2d. in the ₤ has been paid through the Bankruptcy Court—the deed is still in existence as a charge—the prisoner has admitted that he executed this security.
Cross-examined. The money was not advanced on this deed, it was advanced for certain purposes; the first portion was advanced as a loan, the second portion with a view to a scheme which you suggested, and the last to enable you to stop the bankruptcy proceedings and to get married.
FILIPE SANTIAGO FRANCO . I am the proprietor of the Cavendish Hotel, Jermyn Street, St. James's—from May 12th to June 5th last year the prisoner was staying there—he gave the name of A. de Lussan, Esq.—this is his bill—on June 2nd I gave him an account for ₤17 1s. 5d.—he gave me in payment this cheque for ₤17 1s. 5d., dated June 2nd, on Williams, Deacon, and Manchester and Salford Bank, Limited, Charing Cross branch, and signed "A. de Lussan"—it bears my endorsement—June 2nd was a Saturday—he gave me the cheque after bank hours—June 4th was Bank Holiday—on June 5th I paid it into my bank, and on June 6th it came back, marked "No account"—I continued to allow the prisoner to have food and drink after June 2nd—I believed the cheque was a good one, and if I had not I should not have allowed him to have further food and drink—he left on June 5th, when there was a further debt of ₤3 13s. 9d., making a total of ₤20 15s. 2d.—he never told me he was an undischarged bankrupt—I had no idea of it at the time—I afterwards met him in the street, and he promised to pay me—I received by post these three letters—this one is dated June 11th, and signed "A. de Lussan"(Stating that he had made arrangements for the whole of the account to be paid on Tuesday or Wednesday, when his luggage would also be removed.) this one, headed Tuesday, with the same signature—(Stating that his solicitor would write in connection with the account, asking him to give the amounts and not just the amount of cheque, and also asking for an order for the delivery of luggage.) and this one from the Hotel Continental, Paris, with the
same signature, and dated June 14th, 1900—(Stating that before he received this letter his account would be paid, and that he would call for his luggage at the end of next week.)—I also got this letter, headed "The District Messenger and Theatre Ticket Company, Limited, 100, St. Martin's Lane, W.C. Dear Sir, I expected to have got affairs settled before, but, pending same, I enclose ₤3 on account of bill, and will endeavour to send from ₤3 to ₤5 each week. Please acknowledge.—Yours truly, E. DE LUSSAN."—it is in a different writing to the others—the prisoner left a despatch-box and a trunk behind him—I gave the despatch-box to the police.
Cross-examined. Your wife was with you when the room was engaged, and you dined together—she was not always with you at breakfast, she did not live at the hotel—I received a letter on the 25th of this month, purporting to come from Madame de Lussan, enclosing ₤17; there is now 15s. 2d. owing to me—I wrote to her, acknowledging the ₤3, on November 23rd, 1900.
Re-examined. This letter of November 23rd is in my son's writing—the bill was made out to A. de Lussan, because he gave that name.
By the COURT. I had not made any application to the lady—she wrote me many letters—my letters to her were returned through the Post-office as not known.
HENRY COX (Detective Inspector). On January 30th I arrested the prisoner at Grenville House, Glinton, on a warrant charging him with obtaining ₤159 by fraud from Mr. Stone—he said, "That is not correct; it is spite; Mr. Stone has been acting as solicitor for myself and my wife"—I took him to London—he was charged—he made no reply—I received a despatch-box from Mr. Franco, in which I found a registered envelope, with a number of documents in it.
A.C.S. STONE (Re-examined by the prisoner). I went to Woodcroft Castle once to obtain your wife's signature to a document—I went down with a Mr. Price—there was a similar charge to this against you—I may have said, "We might have staved off this trouble if you had told me before," but that did not refer to your telling me about your bankruptcy—you did not know I was coming down.
The prisoner, in his defence, said that Mr. Stone knew he was an undischarged bankrupt; that the advances were made partly to his wife, and that he believed the security was good; that when he gave Franco the cheque for ₤17 he had no idea that the account was closed, thinking he had ₤2 or ₤3 left, and that he intended to have paid him on the Tuesday, when his wife would have some money; that the money did not come, and in the mean time the smaller sum had been incurred.
GUILTY .—He had been convicted on February 15th, 1900, at this Court of obtaining credit without disclosing that he was an undischarged bankrupt, and also of an assault in 1895.— Twelve months in the second division.
THIRD COURT.—Wednesday, March 27th, 1901.
Before Mr. Common Serjeant.
MR. LYNE Prosecuted; Mr. C.F. GILL, K.C., and MR. ARTHUR GILL
appeared for Collins, and MR. HUTTON for Creighton
NOT GUILTY .
MR. COHEN Prosecuted, and MR. PURCELL Defended.
ALBERT EDWARD EVANS . I am shop assistant to James William Higgs, of Barnham Street, Limehouse—we sell boots, alpaca, and things of that sort—on Thursday, February 7th, I shut up the shop to go out to take orders from 2 to 4.30—I did not put the shutters up, but I locked up the premises—everything was in proper order—I passed the shop about 9.30 p.m.—I next went to the shop at 9.30 the next morning—the padlock of the side door was on the doorstep, and unlocked—I had a key to the side door—the shop door is opened from within—the side door was shut, and I had to open it with the ordinary key to let myself in—I picked up the padlock, and went into the shop—I saw overcoats on the ground, and a model was knocked over—they belong to Mr. Higgs—I counted five overcoats; there ought to have been six—I went upstairs—24 boots and one odd boot were missing, also some grey worsted cloth and some alpaca—the value of the things missing is 35s. to 36s.—I told my master as early as possible—some of the goods produced are my master's—our private mark is on the ticket on the stuff and on the boots—this mark means 7s. 8d.—I put some of the marks on—this one is mine.
Cross-examined. I do anything in the shop—my sister and father help—Mr. Higgs sells, and another works outside—we took stock on the Friday after Christmas—we looked to our order-book to see what was missing after I heard the prisoner was in custody—that is a mistake; it was on Saturday, the 9th—he was taken into custody on the 8th—the burglary was reported about 11 on Friday, and the police came and saw me.
THOMAS SMART (Detective, H). About 8.20 on Friday, February 8th, I was in the Whitechapel Road on a tram—I saw English with a sack on his left shoulder on the pavement, with a man I know as Harris—I got off the tram, and followed them to the corner of Commercial Street—I lost sight of them, but saw them again on the top of a Bloomsbury 'bus, going in the direction of Bloomsbury, a few seconds afterwards—I jumped inside the 'bus, and rode to Hanbury Street, Old Street—Harris got off the 'bus after it crossed the City Road; the prisoner rode on—I stopped in—the prisoner got down, and went up Hanbury Street, with the sack on his shoulder, at a rapid pace—I followed him into League Street—he was knocking at No. 3 when I told him I was a police officer, and should like to know what he had got in the sack—I am referring to notes taken at the time—he said, "Find out," and threw the sack on the pavement—I caught hold of him—he struggled—I said, "I want to know what you have got"—he said, "Two rolls of cloth"—I had to hold him as well as the sack—I said, "Where did you get them from? Satisfy me where you got them from"—he said, "I bought them of two dealers in Commercial Street"—I said, "You could
not have done that, because I followed you myself from White-chapel Road in the same 'bus as you came in with Harris"—I asked him if he could convince me that he got them from dealers—he said, "No"—I told him I was not satisfied with his explanation, and should take him into custody for unlawful possession—he said that he did not know Harris, and afterwards that he did, and said, "We buy stuff together, and we are partners"—when I charged him he said, "I bought them of two dealers in Commercial Street."
Cross-examined. I have since ascertained that the prisoner has kept a stall in Chapel Street for six or seven years—he sells mostly boots—he lives at No. 3, Leek Street, with his mother—he said, "I do not know Harris"—what I said before the Magistrate may be right, that he said he knew nothing about Harris—I have been looking for Harris—Harris is a fence, who buys goods—he has been convicted twice—he has been home five or six weeks.
GEORGE SCRIMSHAW (Police Sergeant, K). I arrested the prisoner about eleven on February 16th—I said, "I am going to arrest you for breaking and entering 2, Barnham Street, Limehouse"—I took him to Worship Street, where he was charged with stealing a quantity of alpaca cloth and boots—I said, "I went to your lodgings on Saturday night, and found 24 pairs of boots and an odd boot"—he said, "I know nothing about it, I am innocent"—I showed the boots to the boy Evans, and he identified 15 pairs—I had been to the prisoner's lodgings on Saturday, the 9th, at 10 o'clock, and found the boots in the front room on the first floor, lying against the sofa, some unpacked and others partly covered.
The prisoner, in his defence, on oath, said that he got the goods from Harris, but did not know they were stolen.
GUILTY of receiving. — Nine months' hard labour.
NEW COURT.—Thursday, March 28th, 1901.
Before Mr. Recorder.
MR. HURRELL and MR. FORDHAM Prosecuted; MR. BURNIE appeared for
Lemore, and MR. HUTTON for French.
EUGENE PATRICK O'KEEFFE . I am an insurance agent, of Red Lion Cottages, Brentford—on February 21st, between 8.45 and 9 o'clock, a man spoke to me outside the George public-house, close to Aldgate Pump, and I went into the George to avoid him—two or three men followed me in and offered to treat me—I refused, and ordered a glass of ale—one of them said, "This is mine"—I called for another glass, and Payne endeavoured to shake hands with me and to remove a ring from my finger—I went oat into Fenchurch Street to meet a friend, and the whole gang of seven or eight rushed on me and attacked me—I was sober—they came from the other side of the road—the place was quite dark—Payne caught hold of my right arm, and another man put his arm on my
breast and pressed me against a hoarding; others came in front of me and picked my pockets—I had ₤5 in gold in my purse and about 12s. loose in my pocket—I lost the whole of it—some of the men picked up the coppers and handed me 2d. back—I was terrified—I was not knocked down because I was held up, but I slipped down—I called out for help as loud as I could, and not many seconds afterwards a policeman came, and I saw Lemore and Payne given in custody—I did not see Lemore in the public-house, but I saw him in front of me—I do not recognise French.
Cross-examined by MR. BURNIE. There was another man very like Lemore, but he had a fawn-coloured coat with a cape—I am positive Lemore was there, because the light fell on his face—this was almost instantaneous—I was pinned against the hoarding.
Cross-examined by Payne. You were in the public-house, and I had seen you previously and recognised you—you followed me, and there were two women with you—I got no drink from any of you—I only drank one glass, because a man drank the other.
HENRY PEARSON (City Detective). On February 21st, about 8 p.m., I was in Aldgate, and saw six or seven men, with Lemore, who I knew by sight, not by name—Payne was there with four others—Lemore and the gang he was with were all dressed respectably, and the gang Payne was with were dressed shabbily—French was with Lemore's gang, standing at the door of a public-house—I went for assistance, met Young, and called his attention to the two gangs—I was in plain clothes—I also spoke to Sergeant Magger and to Clements, a uniform man, who watched them till I returned—about 8.45 both gangs went in and out of the George public-house, as if they were looking for somebody—they then went into Leadenhall Street, met the prosecutor, hustled him into a doorway, and at that moment the electric light went down—I called to Young, and just as I got within a few yards of them one of them called out, "Skip," and they all ran away, some towards Essex Court and some to Billiter Street—I followed Lemore and another—Lemore was the last—I caught him by his coat-collar—he resisted, but Young came up—his coat was undone, and his hand was in his inside pocket—I told him I was a police officer, and he would be charged with knocking a man down at the other end of the street and robbing him—he said, "Skid; you know it is not my business; you are taking a liberty"—I said, "I am taking no liberty"—he said, "You have made a mistake"—I said, "I have made no mistake; I have seen you"—I had seen him standing over the prosecutor at the time of the robbery—he was dressed as he is now, but he had a mackintosh—he said at the station, "You have made a mistake; there is no mud on his coat; how can he have been knocked down?"—there had been mizzling rain—in his jacket pocket, which he took his hand from, there was 18s. in florins and half-crowns—the prosecutor was sober—I watched French three-quarters of an hour—there was an electric light outside the public-house and three street lamps—next day, from what I was told, I went to the George Hotel and saw French with a friend—he had spectacles on, and was reading a paper, which he put down as soon as I went in and went to the other end of the counter, and then went out—I followed him, and told him I should take him for robbing O'Keeffe in Leadenhall Street—he said, "I do not know where
Leadenhall Street is"—I said, "You know Leadenhall Street as well as I do"—he said at the station, "You have made a great mistake; the night before yesterday I was drunk, and yesterday I never went out at the door at all"—I had known him two or three months by sight—he was the only man with a beard in the gang.
Cross-examined by MR. BURNIE. I have never made a mistake over a prisoner, to my knowledge—there was not another man there who might be mistaken for Lemore, because Lemore is dark and the other man fair—the two gangs went together to the prosecutor, and made about a dozen, not 20—when they got to him the electric light flickered down and went up again before they went away—the whole thing only took a few seconds—I was about 20 yards off, on the opposite side—I took Lemore about 200 yards from where it happened, and in the same thoroughfare, in the entrance to Sussex Place, not round a turning—two or three others went down Cree Church Lane, and I passed the top of the turning and followed Lemore and another—Lemore was not coming up Sussex Place—I cannot be mistaken.
Cross-examined by Payne. I saw you standing on the side of the George doorway, and watched you three-quarters of an hour—I saw you go into the George—I did not go in.
Cross-examined by MR. HUTTON. Both gangs hustled the prosecutor at the same time—I saw French at that time—I did not see him touch his pockets—about 12 men were round the prosecutor—I paid attention to Lemore, and Young came behind me—when I arrested French he said, "You have made a mistake; I never left the house all day long; I was drunk, and went home in a cab, and never went out next day"—I found in his pocket a half return ticket for East Ham—this was the Thursday, and he said that he was drunk on the Wednesday—he called people at the Police-court to say that they saw him out on the Thursday—I put down in writing what he said—(Reading: "I have made a mistake. After I went home on the 20th, he did not leave home till next day, for he was ill.")—I did not put down the exact words—I put that down at the station after he was charged—what he said did not happen on Thursday, the 19th—another half return ticket was found on him for the 22nd, the day I arrested him, Friday—they are exactly similar, only different in dates—the other ticket is for Tuesday, the 19th.
HERBERT MAGGER (Police-Sergeant, 392). On February 21st, about 8.30, I met Pearson in Aldgate High Street, by Duke Street—he called my attention to a group of men by the George Hotel—he went up the street, and I followed him into Mitre Street, and saw French—I did not know him by sight—I observed him about half an hour, and had a good look at him—I got round a corner where they could not see me, but I could see them quite plain—they moved into Leadenball Street, and a few minutes afterwards I heard a shout, and saw the prosecutor lying on the ground in the doorway of an unfinished building, and the gang running away—it was not dark; it had been raining, but it was quite clean where he was—I next saw Lemore on the 28th at the Mansion House—I am quite sure he is the man I saw, and the other two prisoners also—I saw them a minute or two after I picked the prosecutor up.
Cross-examined by MR. BURNIE. The group remained outside the door
10 or 12 minutes, all at one continuous time, and then went to Leadenhall Street, and I did not see them afterwards—it did not strike me that another man was very much like Lemore.
Cross-examined by Payne. I saw you outside the George; not inside.
Cross-examined by MR. HUTTON. I was not nearer than 20 yards from French—I did not pick him out eight days afterwards; he was standing in the dock—I did not know him by sight, but I saw sufficient of him that night—I expected to see a man with a beard—neither of the other two had beards.
ALEXANDER YOUNG (818, City). On February 21st I was near Aldgate Pump in plain clothes, and Pearson drew my attention to the prisoner Payne loitering outside the George Hotel with several others, some well and some badly dressed—Lemore was one—I did not know any of them—they pushed the prosecutor into the doorway, and all ran away—I do not identify French.
Cross-examined by MR. BURNIE. I did not see a man there very like Lemore.
Cross-examined by Payne. I was watching half or three-quarters of an hour.
ARTHUR CLEMENTS (968, City). On February 21st, at 9 o'clock, I was on duty in Leadenhall Street, outside a building in course of erection—Pearson spoke to me, and I saw the prosecutor getting up from the ground and a crowd running away—a man tried to run past me—I threw one to the ground and caught hold of Payne—the others got away.
Cross-examined by MR. BURNIE. There was a large crowd round the prosecutor—the majority of them ran towards Sussex Place.
ALBERT SAMSON . I am a dock labourer—on February 21st, about 8.45, I was near Leadenhall Street, and saw the prosecutor being robbed—I saw Payne there—I did not see Lemore caught—I do not recognise French.
Cross-examined by MR. BURNIE. Just at I got near them one of them said, "Now is the time that it has to be done," and then they pushed the man against the partition, and one unbuttoned his coat and put his hand in his trousers pocket, and took something out and put it into his own pocket—I was close to them—I went with the constable to catch Payne, and after he was taken I ran after one of the other prisoners—I went to the station with the constable.
French, in his defence, on oath, stated that he was at home all day at 2, Park Villas, East Ham, on Wednesday, February 21st, and came to London next day about 11.19 a.m., and went home by train at 6.53 p.m.; that when he was charged he told the detective that he got "three sheets in the wind," and his friends sent him home in a cab, which was true, but that he usually went home by train; that he arrived at East Ham about 7.30, and met his son-in-law, Thomas Noble, in High Street, and went with him to the Bull and had a drink; that he then went alone to the Denmark, and had some warm whisky, and got home about 8 o'clock, and found Mrs. Lee and Mrs. Noble there, Mr. Lee arriving shortly afterwards, and that he went to bed at a little before 10 o'clock, before they left; that it was true that he said to the officer, "I never went out all day yesterday,"
but that was a mistake; that he was not in the George on the Thursday, and that he never saw the other prisoners in his life.
Evidence for French.
THOMAS NOBLE . I live at 2, Court View Villas, East Ham, and am French's son-in-law—I heard of this when I got home on the Friday night at 7.30—I had seen my father-in-law on the bridge the previous day—he said, "Good night"—I said, "Good night; I want to catch my train; I am a bit late"—I was going to the station to go to work—I do night work—I left my wife at home.
Cross-examined. That is all that passed between us—I am sure this was Thursday night at 8.30.
By the COURT. I saw him on the bridge—if he says that we had a drink together at the Bull, it is not true.
Re-examined. I have met him before when he was coming back and drank with him at the Black Lion—it is the last public-house before you leave the railway station.
LIZZIE FELLOWS . I am barmaid at the Denmark public-house, High Street, East Ham—I know French as a customer—on Friday night or Saturday morning I heard from his daughter that he had been taken in custody—I only know her as a customer—I had seen him last on the Thursday evening—I had not been told of the charge, and did not know at what time it was suggested that he had committed a robbery—she said, "Have you seen my father this morning?"—I said, "No; I saw him last night"—it was between six and eight—I say that because we were not very busy; our busy time begins about eight—I have no doubt about seeing him, but I cannot say the hour.
Cross-examined. It was not before six, and it was not after eight—I am on duty from 6 a.m. till 11 p.m., but I have a rest in the afternoon—I am sure it was on Thursday—he is not very often in there—I did not hear that 9 o'clock was the hour till I got to the Mansion House—I cannot say whether he was there on the Wednesday evening—it was not so late as 10 o'clock; it was before eight—I am busy every night—the house is 10 minutes' walk from the station—three or four others were serving in the bar that evening.
H. PEARSON (Re-examined by the COURT). It was about 9 or 9.5 when I got to the station with the prisoner—that was within a quarter of an hour of the time I saw the man being held up and robbed—the place of the robbery is about three minutes' walk from Fenchurch Street Station.
ALICE NOBLE . I am the wife of Thomas Noble and the daughter of the prisoner French—we all live together—on the night before the Friday when my father was locked up he was at home at 9 o'clock—Mrs. Lee was there, and Mr. Lee came to fetch her at 20 minutes to nine, and my father was in bed.
Cross-examined. I saw Lizzie Fellows the morning afterwards, Friday—that was before my father was arrested—I went to get a bottle of whisky, and said, "Was Dad here last night?"—she said, "Yes; I served him"—I do not know why I asked that question, but I always do ask—he came home at 8 o'clock on Thursday; I am quite sure of that—I knew of this on Friday, between six and seven, and went and saw Lizzie Fellows the same night, and asked her again—when my father
arrived only Mrs. Lee and I were at home, but Mr. Lee came to fetch his wife at 8.40, and stopped and had supper, and went away at 9.45—he is not connected with us in any way—we have a clock in the house.
Re-examined. My father was not out at all on the Wednesday—he was ill—when I went to the Denmark I said to the barmaid, "My father is locked up, did you serve him?"—she said, "Yes; between 7.30 and 7.45"—I had not told her that he was charged with robbery.
By MR. HURRELL. The police came to the house and said, "Mr. French?"—I said, "Do you wish to see him?"—they said, "No, what time did he come home last night?"—I said, "About eight o'clock—I shall refuse to answer any more questions till you tell me who you are"—they said that it was for something done at Aldgate—I went and asked the barmaid at what time she served him—I did that on Friday night and Saturday morning.
EMMA LEE . I am the wife of Charles James Lee, of East Ham—I know Mrs. Noble—I heard on the Sunday that Mr. French was locked up—I had seen him on February 21st at his house—I went there at six o'clock—he was not there, but he came home about eight. I left about 9.45; he had then been there nearly two hours.
Cross-examined. I am certain of the time because Mrs. Noble asked me if I would stop and have some tea—I know that French came home about eight o'clock, because his son-in-law was there about some work, and he came in about three-quarters of an hour after his son-in-law was there—I fix quarter to 10 because it was 10 o'clock by the fish-shop clock—I do not know whether that was slow.
CHARLES JAMES LEE . The last witness is my wife—on Friday evening, February 22nd, I heard that French was locked up—I had seen him the night before at 8.40 at his residence—my wife was there when I went in, and I looked at my watch before I went in—we stayed till 9.45—French was there when I went in, smoking his pipe by the fire.
Cross-examined. I had just come from work; I leave off at 7 o'clock—I am a printer, and work in Hatton Garden—I went home by train to my children, and I was told where my wife was—I went by the Underground Railway to Fenchurch Street, and went by the 7.50 train—I live about six minutes' walk from Mr. Noble—I am sure it was on Thursday that all this occurred—he was there when I left—I heard about his being arrested on Friday.
FREDA BONNER . I am the wife of John Bonner, of Avenue Road, East Ham—I know French—I heard on a Monday of his being locked up—I had seen him last about 7.45 in Bartle Avenue, East Ham—I know the time by the baker's clock—I was going to my sister's—my little daughter was with me—she is here.
Cross-examined. This place was on his road home from the station; about 10 minutes' walk from the station on the direct route from the station to where the Nobles live—Mr. Lee told me on the Monday that French was locked up, and then I remembered that it was on Thursday that I saw him pass—I knew that he was locked up for robbing a person in Leadenhall Street, and I said that I saw him on Thursday evening—I am sure that it was Thursday, because I always go to my sister's on Thursday evening.
FLORA BONNER . I am the daughter of the last witness—I went with her to see my aunt—we generally do so on Thursdays—we saw Mr. French in the avenue when we were going on this Thursday—I heard afterwards that he was locked up—I generally go to my aunt's about 10 minutes to eight—it takes about a quarter of an hour to walk there.
Cross-examined. Mr. French did not stop—he did not speak to us—I simply saw him pass along the end of the road—I am quite sure it was Mr. French—he was about 20 yards from us; we were a good way from our house—we saw him in Bartle Avenue; we were not in the Avenue—he was crossing the street, and my mother said, "There goes Mr. French"—I said, "Yes."
H. PEARSON (Re-examined by the COURT). He repeated at the station, "It is a mistake; I was never out of doors;" as well as saying so to me before—he wore on the Thursday a blue coat, a hard felt hat, and dark trousers—I circulated a notice giving a description of his clothes—he was wearing the same clothes at the station—when I saw him he had a walking-stick with a crook handle and silver at the end, and he had a similar stick when I arrested him—I saw him first go into the public-house—he was with the respectable gang, and as the light flitted down I saw him walking away hurriedly towards Billiter Street, and I called out to an individual to catch hold of him—I gave a description of him to Sergeant Miller.
By MR. HUTTON. The last I saw of him was going down Billiter Street; that was the shortest way to Fenchurch Street—to go from the George to Fenchurch Street is the longest way—if you come from the George to go to Fenchurch Street, you would not go down Billiter Street.
By the COURT. Supposing he had gone that way, it would have taken him about three minutes to get to Fenchurch Street—it would not make much difference.
WILLIAM MILLER (Policeman). I am one of the two officers who arrested French—I have only just come into Court—Pearson gave me a description of a man concerned in robbing the prosecutor, and it corresponded with the man French—I did not know French, but I saw him in Fenchurch Street, and passed word round to Pearson—Pearson and I went to East Ham—French was dressed as he was then, and he had a stick with a hook and a ferule (Produced).
Payne's defence: When the witness came to the Police-station on the night of the 21st he said that he could not identify me, but Mr. Pearson said that I was the man.
FRENCH— NOT GUILTY; LEMORE and PAYNE— GUILTY . They then PLEADED GUILTY to previous convictions; Lemore at this Court on February 8th, 1897; and Payne at the Thames Police-court on April 24th, 1899, as Joseph Herring. Eleven convictions were proved against Lemore, and three against Payne, who had 15 months of a previous sentence still to serve. Five years each in penal servitude. The JURY commended all the police officers, in which the RECORDER concurred.
284. GEORGE WILLIAMS (27) and FREDERICK GARDINER (18) , Robbery with violence, with others, on James Edwin Barling, and stealing a watch and chain, his property, to which GARDINER PLEADED GUILTY , and also to a conviction at Marlborough Street as Frederick Clark on October 16th, 1900.
MR. POYNTER Prosecuted.
HENRY CHENNELL (56 E). On March 24th, about 1.45 a.m., I was on duty in Neal Street, Long Acre, and saw the prosecutor walking with the prisoners and another man—they pushed him—he fell with violence, and they began lifting his pockets—I went across, and they went into James Street—I blew my whistle, and Gosling came up—I saw Gardiner caught—the third man has not been taken—Williams ran into my arms; I never lost sight of him—I went back to the prosecutor, who was sitting in the road with his head cut and bleeding, two pockets turned inside out, and some papers lying about—the prisoners were taken to the station—the prosecutor was discharged the next morning.
ALBERT GOSLING (Police Sergeant, E). About 1.45 on this morning I was in Bow Street, heard a whistle, and saw the two prisoners running—Gardiner turned up Bow Street, Williams ran towards me, and dropped into a walk—he was very short of wind—he was followed very closely by Chennell, who said, "That is the man I want; I am going after the other man; I have followed him all the way"—he made no reply.
JAMES EDWIN BARLING . I am an accountant, of 56, Antill Road, Primrose Hill—I had been drinking on this morning, and recollect very slightly what happened—I was hustled and pushed down—I believe my legs were kicked from under me—I fell on my head, and was hurt—I lost my watch and ₤3 5s.
WILLIAMS— GUILTY .— Six months' hard labour. Two previous convictions were proved against GARDINER— Nine months' hard labour.
THIRD COURT.—Thursday, March 28th,1901.
Before Mr. Common Serjeant.
285. JONAS CARNE (48) PLEADED GUILTY to stealing 36 1/2 and 37 1/4 yards of dress material and other goods, the property of Bradbury, Greatorex & Co., Ltd. There were two other indictments against the prisoner, and the police stated that he was a suspected receiver of stolen goods.— Five years' penal servitude.
MR. HUGHES Prosecuted, and MR. ARTHUR GILL Defended.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
NEW COURT.—Friday and Saturday, March 29th and 30th, 1901.
Before Mr. Common Serjeant.
MR. DAVENPORT Prosecuted, and MR. PURCELL Defended.
THOMAS PROCTOR . I live at 41, Harley Road, Kentish Town—I have no occupation—on Saturday, March 2nd, I was in Drummond Street between 11 and 12 p.m.—I was surrounded by five or six men, who put me on my back in the road, and my watch was taken from my waistcoat pocket—it was silver, and there was a gold chain—it was worth ₤4—the chain was broken—I got up and gave information to the police—to the beat of my opinion, the prisoners were two of the men—I had my hand cut, and suffer from nervousness from the fall if anyone comes near me—I am 55 years of age—the attack was momentary, and the men ran away—on March 14th I saw Roberts at the Cock, in Seaton Street, about two minutes' walk from where I was attacked—I was with Sergeant Wilson, who took Roberts into custody—I afterwards saw Hanafin at the station in custody.
Cross-examined. I had been in the Saul's Arms about 20 minutes, and some other public-houses, and had had refreshment there, and in Tottenham Court Road—I had had a fish supper in Drummond Street—I had walked about during the evening, having left home about 4 p.m.—I was walking in the Euston Road, and was in Oxford Street about 8 p.m.—I walk for pleasure every day—I had supper with a Mr. Charley Wilson—I had been out with him once before—at the Cock public-house I thought I heard someone say, "That is the old b—"—I believe the prisoners are two of the men, but I cannot swear.
Re-examined. There was not a brilliant light where I was attacked—I told Wilson of the stranger's remark about "the old b—"—I was perfectly sober—the attack was near the Hampstead Road end of Drummond Street, where the trams run from Kentish Town to Hampstead.
WILLIAM GAMMON . I am a commercial traveller, of 54, Albany Street—on March 2nd I was in Drummond Street, Hampstead Road, about 11.15 p.m.—I saw the prisoner, with three or four other men, lay the prosecutor on his back; they then ran away—Hanafin and a man not in custody passed me—as they passed, the man not in custody said, "Did you get it?"—Hanafin said, "Yes"—I have known Hanafin for years—I have seen him with Roberts in Drummond Street and Hampstead Road—they never go further, and, as I am about the Hampstead Road, I cannot help seeing them—after the struggle I spoke to a policeman at the corner of Drummond Street and Hampstead Road—I subsequently had an interview with Sergeant Wilson at my house—I gave their description, and went with Sergeant Wilson to look for them—I knew their names.
Cross-examined. I travel for myself in fancy stationery—I have an address—I do not keep my stock at home; I buy job lots and take them round and sell them—I have done so some years—since March, 1893, I have been a stationer—I have been at 54, Albany Street nine months—I
gave my correct address at the Police-station, but I gave the name of Hammond because I did not want the prisoners to find me—I have given evidence before, at Clerkenwell Sessions, six years ago, and once here—I saw the policeman about 30 yards from the robbery afterwards—I gave him my name and address on an envelope which I had in my pocket—Sergeant Wilson came the second day afterwards—I had seen Wilson pass my door, but had never spoken to him before—I gave him the prisoners' names.
Re-examined. I am not in league with the police.
GEORGE WILSON (Detective, S). I received a complaint from Proctor, and made inquiries—on Thursday, March 14th, I saw Roberts in the Cock public-house—I left him to look for Hanafin, whom I saw at 9.30, took him into custody, and handed him over to another officer—I returned to the Cock, and called Roberts out—I said, "I am a police officer"—he said, "Yes"—I said, "I am going to take you into custody for being concerned, with three others, in stealing a watch from an old gentleman in Drummond Street about midnight on the 2nd"—he said, "What time was it?"—I repeated the charge, time, and date—he made no answer—I took him to the station, where he was recognised by Gammon—the charge was read over to the prisoners; they made no reply—Gammon had given me information—I called on him—the Cock is about 250 yards from the place of robbery, which the prosecutor and Gammon pointed out to me, near a second-hand shop, which adjoins Palmerston Buildings.
Cross-examined. I have known Gammon since July; since I have been in the division—he has lived at the same address about two months—if he says nine I would not contradict him—Gammon gave a wrong name, but a right address—I have frequently seen the prisoners together up to March 12th.
Re-examined. I did not arrest them sooner because I had not sufficient evidence.
JOHN ALLUM (Sergeant, S). On Thursday, March 14th, in company with Sergeant Wilson, I arrested Hanafin in Seaton Street, about 9.30—I told him the charge, and took him to the station—he said nothing in reply.
Cross-examined. Hanafin said to the inspector, "The old man, you see, is drunk"—he asked Sergeant Wilson why he had not arrested him before, as he had seen him in the neighbourhood—I am not certain whether I said before the Magistrate, "He asked me why he had not been arrested before, as he had been about the neighbourhood; I had seen him several times before in Seaton Street"—I think that was said to Wilson—I signed my deposition as correct—I have known Gammon between four and five years—I know he has been a witness before—I have not been present—I know where he lives—I have, till recently, seen him daily, but I am not in his district now—I never knew his occupation.
Re-examined. I know nothing against Gammon—he is friendly with the police—I do not know him as a copper's nark—he has never been an informant of mine—he has given information.
NOT GUILTY .
MR. J. CAMPBELL Prosecuted.
GABRIEL ROKHA (Interpreted). I am a ship's carpenter—on Wednesday, February 25th, in the evening, I went to the Sailors' Home, Wells Street—then I went out and had some glasses of ale with the prisoner—I was a little drunk—I left the public-house, but the prisoner followed me—the woman came against me, and afterwards the man—I cannot recollect the woman—I had 5s. in my trousers pocket and some other money in my waistcoat pocket—the woman took the 5s.—I called for a policeman, who came and arrested the prisoners.
Cross-examined by Bryan. You were separate from me part of the time—only one woman came up.
THOMAS CURTIS (323 H). On February 26th I was in Commercial Street about 12.40 a.m., with 310 H—I saw the prosecutor walking up the opposite side of the street, and the prisoners two or three yards behind—I crossed and followed them up—after they got 40 or 50 yards they entered into conversation with the prosecutor, and at the corner of Fournier Street Bryan pinned him against the wall, and Hurley put her hand in his left-hand trousers pocket—he shouted—Bryan went one way, and Hurley the other—I ran and caught Bryan, and said, "What have you got?"—he said, "I have got nothing; I was going to show him home"—I took him into custody—when charged he did not say anything.
WILLIAM HEATH (310 H), I was with Curtis in Commercial Street—I was on fixed point duty in Dorset Street, Spitalfields—I saw the prosecutor on the opposite side, and the prisoners about three yards behind—I kept observation on them to the corner of Fournier Street—they entered into conversation with the prosecutor, which lasted about three minutes—Bryan then pinned him against the wall with his arms out, and Hurley went down his pockets—he shouted out something—I rushed across the road and caught Hurley—I said, "What have you got in your hand?"—she said, "Some money; he has given it to me to go with him for the night"—I told her I should take her into custody—I took this 5s. 2d. out of her hand—this purse was found on her, with nothing in it—nothing was found on Bryan—in Bryan's presence Hurley said, in answer to the charge, "I plead guilty to robbing the man of 5s. 2d.; this man told me to follow him up, and give him 1s., and I could do what I like with him; if it was not for you (Bryan) I should not have been here; did not you ask me to follow him up? It has been an old game of yours for years"—Bryan said nothing to that—the prosecutor was the worse for drink.
Bryan, in his defence, stated that he had been drinking with the prosecutor, and that when Hurley, who was a stranger to him, tried to put her hand in his pocket, he pushed her away, and he went to the station as a witness, but was charged with her.
BRYAN— GUILTY . He then PLEADED GUILTY to a conviction of felony on August 6th, 1895, at the North London Sessions. Eight other convictions were proved against him, and he had 133 days of his former sentence to serve.— Twelve months' hard labour. HURLEY— Six months' hard labour.
MESSRS. HUTTON and FORDHAM Prosecuted.
GEORGE O'CONNOR HOLLOWAY . I live at Shoreditch Road, Birmingham—I am the managing director of the Perambulator Company, Limited, formed for the purpose of selling furniture and bicycles, but chiefly perambulators—the prisoner was engaged in June last, under this agreement, as our agent, at ₤2 a week and a commission of ₤5 per cent. on orders, the agents' pay, and railway fares; the receipts to be remitted within 24 hours without deduction, and the agreement to be determined by a three months' notice—up to December he received over ₤70—we supplied him with furniture—that has been paid for—we kept a stock-book of the articles sent to 91, Worship Street—we called it our London house—the prisoner also had a stock-book there to enter the articles he received—that was at first sent to the works, and we entered the articles—on August 10th a gentleman's and a lady's bicycle were sent to him, and on August 23rd some sociable fittings to turn them into a sociable bicycle, of which this is a photograph (Produced)—we sent bicycles first to the Agricultural Hall, and then to the prisoner at Worship Street—on August 13th a brass bedstead was sent, and another on August 20th—they first went to the Show—in November I gave notice by letter to quit the premises at Worship Street, and on December 14th I went there and saw these articles—there were several cycles—I counted them roughly—I arranged with the landlord to continue the tenancy for another 14 days from December 16th, as the goods were too many to pack—I saw the prisoner that night at Euston Station, and told him that I had taken the shop on for another fortnight, and the things might remain there till further orders, but it was my intention to have them packed back to Birmingham—he asked if he could warehouse them at Mile End, where he had a shop—I said, "No; certainly not," as I knew there had been too much trouble there—then I went back to Birmingham—I had seen the goods about a month before that—I was present when Mr. Cronin and my son were finishing attaching the fittings to the bicycles on August 31st—I never gave them to the prisoner; I had no power to do so—they were the company's goods—on December 15th I received a telegram from my landlord, in consequence of which I wrote to the prisoner—(The telegram stated that the prisoner had given up the Worship Street warehouse, and would stock them at Mile End.)—after that I went to his shop, 267, Mile End Road, and endeavoured to see him, but did not succeed—I wrote and told him I was coming—I again wrote him, and made other attempts to find him—I received this letter of December 20th from him—(This stated that he had sent some of the goods back, but declined sending any more till he had received a receipt for what he had sent, and something was done about his expenses.)
—I next saw him on January 4th, when I had come from Birmingham, at Euston Station—I told him I must have all the goods back, and that I was very much annoyed that he had taken them away, and he signed the pencil undertaking produced, that he would send them back within three days, also a quantity of goods invoiced to him—I said, "I suppose you cannot get crates very well here; we had better send some crates up to pack them in," and for the bedsteads you want strong crates—I there-upon telegraphed for crates to be sent—crates were sent—we did not get a single perambulator, or bicycle, nor the sociable fittings, but we got some trumpery articles of the value of from 3d. to 6s. each, worth in all about ₤6, out of property worth ₤104—the only other things we have received were 24 rugs, which were produced at the Thames Police-court—we sent him about ₤400 worth altogether—after January 4th I returned to Birmingham, came to London again, and went to Mile End Road three times—I could not see him, and he was not to be seen at the shop then—I obtained from the Police-court a search warrant—I received letters from him, including this letter of February 3rd—(Stating that he was sued for rent; that he had a judgment against him for ₤90; that his home was taken possession of; that he had to go to Chelmsford to see the Sheriff; that he would file a petition, "putting all carriages of yours and mine on sale or return, on approval from you; so you will be fully covered for all accounts outstanding; you must not say the goods are invoiced to me, or they will go as assets"; and that he would send a list of goods for collection.)—under a search warrant of January 6th I searched his shop—I found no bicycles, or bedsteads, nor the sociable fittings—I have never found out where they have gone.
Cross-examined by the prisoner. Some articles in the list produced at the Police-court are not charged against you now; they were not all sent back—I have withdrawn them to save trouble—I sent up about 163 carriages (perambulators)—we have had 16 back—Restall is the packer—(The list referred to was produced, also the witness's books, showing what goods were accounted for, also giving the names of the purchasers and the dates when sold or recovered; also a correspondence as to the goods and disputed items in the prisoner's accounts, including ₤15, his expenses for going to Germany to buy dolls, and similar matters.)—I counted about 20 perambulators, bedsteads, and cycles at Worship Street—the size of the shop was about 15ft. by 13ft.—I heard that Mrs. Palmer had an accident—you moved the goods without my knowledge—I told you you must not move them, because you had had bailiffs in twice—I sent you, at 18, Carey Road, Leytonstone, your private house, 5s. to serve a summons at Tottenham—I often wrote to you to meet me at the station—I gave you authority to sell one bedstead for ₤8; I know nothing about the other—I meant the brass bedstead, which cost us ₤11—the bedsteads were at the Exhibition, and were on duty in the Mile End Road—I took the Worship Street premises on June 7th—I did not send you goods to sell for us till then—you may have taken one or two orders—you only collected one account—we have credited you with everything you paid—you still owe us ₤122—the sociable was fitted up to ride for a show, in order to get orders—you put it to me at the Police-court that I asked you how you got on in riding—I asked you what you had done, and you said you had been to
Walthamstow—I gave you permission to take the sociable to Leytonstone, but not as a present—I have spoken to you and written to you about returning the bicycles—one letter is of September 5th, and you wrote to us, "We have only two ₤6 7s. 6d. ladies' machines here," and that they were damaged—I do not know what has become of the two bedsteads, the two bicycles, and fittings—they have not been accounted for—you wrote on February 6th, saying that the bedsteads had been sold for ₤12—I proved for ₤70 before the Receiver, but it should have been ₤122—ours is one of the most flourishing companies in Birmingham—the total value of the goods returned was about ₤26, and ₤6 14s. of things sold to you—the bicycles and bedsteads were in the charge originally made.
Re-examined. The rugs returned after three hearings at the Police-court were worth about ₤4—they were part of the charge—the value of goods in the list as to which there was a mistake was ₤3 3s.—I never gave him the two bicycles—we sent in an account showing the prisoner had overdrawn on his commission account ₤39 3s. 9d. up to December 24th—nothing was done since—the commission account was made up to the end of October—only 15s. 6d. was earned in October—this account shows that he owes us ₤112 14s. 7d.—we have given him credit for everything he has paid out of pocket.
EDWARD RESTALL . I am a packer employed by the Perambulator Company, Limited, at Birmingham—I received a telegram from Mr. Holloway, in consequence of which I sent some crates to Palmer in London—amongst them were two special crates for the bedsteads, and some for bicycles—I never received back the crates or the goods.
Cross-examined. My book has not been kept in order, because I had to come to London, and entries were made on my return—I received some crates back in October and November.
HORACE PERCY MONTZ . I trade in the name of Scully—I am the landlord of 91, Worship Street—in June last I let a portion of those premises to Mr. Holloway on behalf of the Perambulator Company, Limited—the company paid the rent—I looked upon Mr. Holloway as my tenant, he is the managing director—I saw the prisoner there, and some baby carriages, mail carts, and cycles—on December 14th I agreed with Mr. Holloway to extend the tenancy a fortnight from the 16th—on the 15th I saw the prisoner arranging the removal of the goods—I saw one van loaded by Palmer's men—I noticed one bedstead and two cycles—that day I sent a telegram to Mr. Holloway—no goods were left after the removal.
Cross-examined. I saw a letter of November 17th about obtaining other premises—possession was given up on December 16th—the rent was ₤48 a year, payable monthly—the back premises were given up on November 10th—the man moving the goods told me you had Mr. Holloway's instructions—I found a notice card in the window when the place was cleared.
SIDNEY HOLLOWAY . My father is the managing director of the Perambulator Company, Limited, of Birmingham—I went to 91, Worship Street, on August 31st, and with Mr. Cronin fitted the couplings on two cycles, making them a sociable—I saw the prisoner there—my father came afterwards—nothing was said about making the prisoner a gift of it
THOMAS CRONIN . I live at 12, High Street, Wood Green—on August 31st I assisted Mr. Sidney Holloway to turn two bicycles into a sociable—Mr. Holloway, senr., came afterwards—nothing was said about its being a gift to the prisoner.
GEORGE BROWN (Detective Sergeant, J). On February 6th I went with Mr. Holloway to 267, Mile End Road, with a search warrant—on searching I found six perambulators, three tin trunks and five skin rugs, which Mr. Holloway pointed out—I had a warrant for the prisoner's arrest, and went to 100, Leytonstone Road, where he lives, on February 7th—I read the warrant to him—he said, "The things you took from 267, Mile End Road last night are my property; I bought them from Mr. Holloway; they were invoiced to me at the Mile End Road; I can produce invoices and receipts"—the warrant was for stealing, and I mentioned perambulators—he said, "The goods at Worship Street I sold with the sanction of the firm; I have got the money, but they owe me money for commission"—I took him to Bethnal Green Police Station, where he was charged; he made no reply.
Cross-examined. You did not say ₤12 was the money you sold the goods for—you did say, "Be careful, Mr. Holloway; these goods were invoiced from Birmingham to me."
Evidence for the Defence.
GEORGE GRIMSTONE . I live at 46, Glenning Road, Stratford—I am a traveller—I was your assistant at Worship Street—I left you the first week in November—there were left in the shop five carriages, two bedsteads, some rugs, some toy perambulators, and a desk—Mr. Holloway's statement at the Police-court that there were 23 perambulators, and bicycles, and bedsteads, and that sort of thing, is not true—the shop would not hold them—on November 1st, 2nd, and 6th five carts of goods were sent away, and one load on November 20th, to the Islington Furnishing Company—this is the receipt of the carriages sent to Birmingham—Epping is the name of the carrier—he was to supply them to the customer—on November 19th I sent out four perambulators to Mr. Mayhew, to the order of the Islington Furnishing Company—they had been left in the shop—on August 31st Mr. Holloway advised his son to fit up two machines; he asked you to take them to Leytonstone that night—they were fitted up into a sociable at Worship Street, and were never returned there—they went away that day—I rode one to Stratford to my place, and Mr. Palmer went on home with it—it has not since been mentioned—you collected two accounts of ₤5 each, and paid the money into the bank—no commission account has been sent you since that of October 18th—I saw the letters—I never saw a commission account since November 6th—I checked the account with you—it related to goods sold at the Exhibition.
Cross-examined. I am not travelling now—I travelled for Palmer—he is my son-in-law—before that I was with Messrs. Quick—I went to Palmer about June—if Mr. Holloway says he saw the bicycles at Worship Street on more than one occasion he is telling an untruth, deliberately—I was Palmer's bail—I have not been in the place since November 28th—I made no inquiries about the bedsteads—Palmer married my daughter—I left Palmer because no money was forthcoming from the company—Palmer
paid me 30s. a week—I have since worked as tally clerk at the docks occasionally—I have been to Mile End Road half a dozen times, perhaps—I was not there in December—I called when passing—I was not in that business—I knew the things at Worship Street belonged to the company—I never saw them at Mile End Road—I heard that Palmer had taken all the goods there before the charge was made—I did not buy my son-in-law's furniture; I have bought none lately; not since 12 months ago—I am not sure of the date—then I bought his household furniture for ₤19 at Worship Street—he was living there then—he had no shop.
GEORGE SMITH . I am a porter, of 124, Guinness's Buildings, Grant Street, Walworth—I worked at 91, Worship Street—I was paid by Palmer for the firm—on December 15th two small van loads of goods were removed—there were four prams with cane bodies, two bedsteads, some trunks, a parcel of rugs, and some tricycles, a desk, chairs, and office furniture and lamps—I put a notice in the window, "All communications to be sent to Mr. Palmer, 267, Mile End Road"—I engaged the carman, Carver, who had been in the habit of doing our work, and packed four crates of carriages and seven bicycles to be sent to Birmingham on December 18th by the Midland Railway—on December 20th I packed different things, including an American roll top desk and three bundles of linoleum—I sent everything from Worship Street except the rugs and the bedsteads—on the 22nd I delivered two bedsteads to Simkins, of Mile End, by the same carman—I was at Worship Street on August 31st, when Mr. Holloway and two others came—I saw Grimstone and Palmer take two machines away in the evening—I saw them at your house on several occasions, but not at Worship Street—they were made into a sociable.
Cross-examined. I left Palmer last January—he told me to put the notice up—the landlord showed me a telegram from Mr. Holloway, and wanted to know where the goods were going to—I told him it was by Palmer's order that I was to take them to the Mile End Road—they were to be sent from there to Birmingham—I packed the prams to be sent down on the 18th—Mr. Holloway called several times at Mile End Road—I told him Palmer was not in—the goods were locked up upstairs; part of them—Palmer came and unlocked the door, when I sent them away—Mr. Simkins keeps a furniture shop—I cleaned the two bicycles at 18, Carey Road—I saw them on several occasions—I cleaned them three times—Grimstone was at Worship Street the beginning of December—Palmer and he rode the sociable up and down Worship Street, to show it off, the day it was to be taken away—I remember the carman packing the bicycles late at night, when we brought them from the Agricultural Hall, about the end of August—I think only a day or so elapsed before they had gone from Worship Street.
The prisoner, in his defence, on oath, said that he sent all the goods back to Birmingham except what he was permitted to sell in London, but that he could not obtain receipts nor accounts, and that the Perambulator Company still owed him money.
NOT GUILTY .—The JURY added that the case should not have been brought into this Court.
Before Mr. Recorder.
292. WILLIAM HENRY JACOBS (22) and JOSEPH HILTON (29) PLEADED GUILTY to a burglary in the dwelling-house of Richard Box, with intent to steal, Jacobs having been convicted of felony at West Ham on June 15th, 1900, and Hilton at this Court on January 9th, 1899.—Six other convictions were proved against HILTON.— Five years' penal servitude; JACOBS— Twelve months' hard labour.
293. LEWIS SAYERS (21) and PATRICK JOHN HAYNES (24) , to breaking and entering the shop of Joseph Frisby, and stealing 20 pairs of boots; also to breaking and entering the shop of Maurice Friedman and stealing an iron safe and other articles. SAYERS also PLEADED GUILTY to assaulting George Gray, a police constable, while in the execution of his duty, they having been convicted at West Ham on April 9th, 1897.—Another conviction was proved against SAYERS— Five years' penal servitude; and two convictions against HAYNES— Three years' penal servitude. [Both pleaded guilty: See original trial image.]
MR. METCALFE Prosecuted.
HARRY GENT . I am a dealer, of High Street, Stratford—I had a horse and cart, a set of silver-plated harness, and a rug—I took them out with a Mr. Leeman—I gave them to Leeman to leave at Park Place, Stratford, for me—I left him at Whitechapel Road, and he went on with them—I never saw it again till it was shown to me by the police—I know the prisoner—I bought a pony from him once—I never gave him authority to dispose of my horse, cart, harness, or rug, or any of my things—he has never handed the proceeds to me—the cart had not got my name on it—I have not seen the harness or the rug since.
HARRY LEEMAN . I am a dealer, and live at 7, Northam Street, West Ham—I was with Gent in the Whitechapel Road on November 2nd, about 7 p.m.—he left the cart there, and I went on with it to Park Place, Stratford, where I left the horse, cart, and harness under the supervision of Mrs. Belcher—she lives there—I returned there at 9 p.m., and they were gone—I gave information to the police the same night.
Cross-examined by the prisoner. You did not tell me you had a horse, cart, and harness on the Monday.
MARIA BELCHER . I am the wife of Richard Belcher, of 5, Park Place, Stratford—on November 2nd, about 9 p.m., Leeman came; he had a horse, cart, and harness with him—he asked me to give an eye to it, and left it in the street opposite my door—a man came to the place, and I heard the cart being moved—I opened my door and said, "What are you going to do with it?"—he said, "It is all right"—I said, "You might as well take the rug with you"—I gave the rug to him, and he took them all away—I saw no more of him.
Town—on Saturday, November 3rd, I saw the prisoner about 11 a.m.—I knew him before—he asked me if I wanted to buy a cheap horse—I said that I did not want one—he said, "It is worth the money"—I went to have a look at it, at 17, West Ferry Street, where he had the cart, horse, and harness—it was lame, and very poor—he asked ₤4 for it; I gave him ₤3—I turned it out—I did not buy the cart and harness—a fortnight afterwards the prisoner called on me—he said he had made a mistake, but I was not to be afraid; everything was all straight—I knew the police were making inquiries, but they had not spoken to me—Detective Eustace called on me, and I showed him the horse in a field—a detective had brought another man to look at the horse before that—he said it was not his, and after I had had it about six weeks the detective brought Gent, who said, "That is my horse"—I have given it up—it got fat when I turned it out to grass; it was a bit lame when it went away.
CAROLINE WALTON . I am the wife of Samuel Walton, of 17, West Ferry Road, Cubitt Town—the prisoner is my nephew—early in last November he brought a horse and cart to my place—he put it into my yard—the horse remained there about two hours, when Mr. Brooker came and saw it, and it was taken away—the prisoner asked me if I would lend him ₤1, which I did, and I shoved the cart into my yard—I did not see the harness—I keep a greengrocer's shop—I gave up the cart.
WILLIAM EUSTACE (Detective Sergeant, K). On February 17th, 1901, I went to Cambridge, and saw the prisoner there—I said to him, "On November 2nd last a horse, cart, and harness were left in Park Place, High Street, Stratford; the following day you sold the horse for ₤3 to Brooker, and borrowed ₤1 from your aunt; they both live at the Isle of Dogs"—he said, "Yes, Gent said I could have anything he had; I took them and sold them. I saw him on the following morning after I had sold them, and told him I meant to stick to the money"—at West Ham he made no reply to the charge—I got the cart from Mrs. Walton, and the horse from Mr. Brooker.
The Prisoner's defence: The prosecutor said that anything he had I could take away and sell, and I told him on the Sunday that I had sold them.
GUILTY .*— Twelve months' hard labour.
PLEADED GUILTY .
MR. MEDCALFE, for the Prosecution, offered no evidence against the other prisoners.— NOT GUILTY . RICHES also PLEADED GUILTY to breaking and entering the dwelling-house of Ernest Edward Hacker, and stealing a watch and other articles; also to breaking and entering the dwelling-house of Percy Chichester, and stealing two watches and other articles, having been convicted at this Court on May 3rd, 1897. Five other convictions were proved against him.— Five years' penal servitude.
Before Mr. Common Serjeant.
MR. COHEN Prosecuted.
ROSA LUCY JOHNSON . I live at Leytonstone—my father lives at Dyer's Hall Farm, Grove Green Lane, Leytonstone—on March 7th I was watching through his kitchen window—I saw the prisoner and another man go into the stable—they closed the door after them—after about five minutes' time I saw them come out—I spoke to my father—about a quarter of an hour afterwards I saw some blood.
Cross-examined by the prisoner. I did not see you and my brother put my pony away—the man with you was not my brother, but a stranger.
JAMES WILLIAM JOHNSON . I live at Dyer's Hall Farm, Grove Green Lane, Leytonstone—I have known Casson about three weeks—I let him a stall in my stable to keep his pony in—about 3 p.m. on March 7th my daughter, Mrs. Johnson, spoke to me, and we went to the stable—we found a little pool of blood in one corner—I saw feathers about, and looked about the stable—I looked in the loft, and found a Minorca fowl—it is mine—the value is 10s.—we keep fowls in a fowl-house in the yard—the fowl was warm, and not quite dead—I sent for a policeman—the fowl's head had been pulled nearly off, and was hanging by the skin when the police came and looked at it—I next saw it at the Police-station.
Cross-examined by the Prisoner. Two more men have stalls in my stable.
GEORGE FRIEND (Detective, J). On March 7th I was sent to Dyer's Hall Farm about 3 p.m.—I saw some blood in the stable—I went in the loft, and saw a black Minorca chicken which had been recently killed, and was quite warm—I broke one of its little claws—I kept observation from just after three till about 6 p.m., when the prisoner came with a bag on his back, apparently with food for a horse—he went into the stable and came out without a light in about three minutes, but with a bag—Detective Sergeant Burgess and I followed him up Grove Green Road—he was carrying the bag on his shoulder—Burgess said, "Casson, what have you got in your bag?"—he said, "A fowl"—the sergeant said, "Where did you get it from?"—he said, "I found it up in the loft; I keep my pony there; I stable there"—I said, "What are you going to do with it?"—he said, "Take it home"—I took him to the Police-station—Johnson came with him, and identified the fowl—the prisoner said to Johnson, "You don't want to make any fus✗s about this; I will give you 10s. if you will settle it"—Johnson said "No, not if you give me ₤10 I won't."
The prisoner's statement before the Magistrate: "I have nothing to say. I had been drinking." His defence was that he found the fowl in the loft, and was innocent of the theft, and that he hired a stall in the stable for his pony, and the stable was never locked.
Before Mr. Justice Channell.
MR. MUIR Prosecuted.
The evidence in this case is unfit for publication.
GUILTY .— Eighteen months in the second division.
Before Mr. Recorder.
299. WILLIAM SMITH (38) PLEADED GUILTY to forging and uttering three receipts for goods, in each case with intent to defraud; also to embezzling ₤9 14s. 10d., ₤1 18s. 11d., ₤1 13s., ₤8 19s., ₤4 6s., 10 1/2d, 4s. 11d., 3s. 5d., ₤1 10s. 3d., 16s. 9d., and 2s. 5d., the moneys of E. Lazenby & Sons, Limited, his masters, with intent to defraud, having been convicted at this Court on September 10th, 1894.—Another conviction was proved against him. His defalcations were ₤60 or ₤70.— Three years' penal servitude. And
(300) THOMAS WILLIAM BOXALL (38) , to marrying Ellen Augusta Lovegrove and Mary Boniface, his wife being then alive, having been convicted of felony on May 31st, 1898.— Three years' penal servitude. [Pleaded guilty: See original trial image.]
Before Mr. Common Serjeant.
MR. GREENFIELD Prosecuted.
THEODORE WORRINGER . I am a licensed messenger, of 29, Little Haley Street, Leman Street, Whitechapel—about 11.15 p.m. on March 3rd I was in Newington Causeway, going home—the prisoners came towards me, but separated, and I went between them—then one or both of them tripped me up—one of them placed his hands in my trousers pocket—I heard one of them say, "Oh! come away; he has get nothing"—they walked away, and I followed them—I was perfectly sober—I met constables at the Elephant and Castle—I never lost sight of the prisoners—I gave them in charge—I was hurt in my mouth, my lip was cut, and my top and bottom front teeth were loosened; two of them are still loose—I had my money in my back pockets—I am sure the prisoners are the men—they were strangers—as I met them coming along I noticed them—there was no other way of getting past, as I was close to the wall—I saw enough of them to pick them out anywhere.
EDWIN PHILLIPS (200 L). About 11.30 on March 3rd Worringer charged the prisoners with knocking him down and attempting to rob him—Cannaford said, "I came along Newington Causeway; we had just left the Paragon Music Hall; we have been doing a rehearsal with Joe Elvin"—at the Police-court, when the charge was read over to him, he said, "We have just been to the Paragon; I work for the Tramway Company."
SIDNEY TAYLOR (334 L). I was with Phillips, and arrested Jewell—when I told him the charge he said, "You have made a mistake; I have just come from the Paragon"—when charged at the station he made no reply—both were together—Newington Causeway is about four minutes' walk from the Elephant and Castle.
JOHN LOUIS JACQUET . I am Medical Officer of the M Division of Police—I saw Worringer at the station—he had a contused wound on his lower lip, and two middle teeth of the upper jaw were loosened—that might have been caused when he was tripped up, if he had fallen on his mouth—the prosecutor was sober.
The prisoners' statements before the Magistrate: Cannaford says: "We were at the Paragon, and left at 20 minutes to 11 p.m.; we waited to London Bridge, took a halfpenny 'bus, and walked again to the Elephant. Near the watering-place opposite the Alfred Head, the prosecutor charged us. What the prosecutor said is not true. I have work, and have money of my own." Jewell says: "I know nothing about this case. I have been working for seven years for the Evening News. I have a good character there."
Cannaford's defence: I work for a jeweller.
Jewell's defence: The prosecutor struck me in the jaw.
EDWIN PHILLIPS (Re-examined). I have made inquiries, and find that Cannaford has been employed by Mr. Malakin, at 252, Walworth Road, casually for the past two years, at 1s. to 2s. a day, according to the work he did—Mr. Malakin gave him a good character—Jewell has been employed at the Evening News by Mr. George White, the publisher, at 14s. a week.
NOT GUILTY .
302. WILLIAM HOLMES (58) and JAMES CLARK (36) PLEADED GUILTY to unlawfully possessing five counterfeit florins, knowing them to be counterfeit; and the said JAMES CLARK to feloniously possessing five counterfeit florins, having been convicted at this Court on September 10th, 1894, of possessing a mould for coining.—Nine other convictions were proved against Holmes, and six against Clark. HOLMES— Five years' penal servitude; CLARK— Seven years' penal servitude.
ADJOURNED TO MONDAY, APRIL 22ND,1901.