CENTRAL CRIMINAL COURT
TWELFTH SESSION, HELD OCTOBER 21ST, 1901.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
STEVENS AND SONS, LIMITED. 119, CHANCERY LANE
Law Booksellers and Publishers.
On the King's Commission of
OYER AND TEEMINER 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, October 21st, 1901, and following days,
Before the Right Hon. FRANK GREEN, LORD MAYOR of the City of London; the Hon. Sir JOHN CHARLES BIGHAM, one of the Justices of His Majesty's High Court; Sir HENRY EDMUND KNIGHT , Knt.; Sir REGINALD HANSON, Bart, M.P., LL.D., F.S.A.; Sir WALTER WILKIN, K.C.M.G.; 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; WILLIAM PURDIE TRELOAR, Esq., THOMAS VEZY STRONG, Esq., THOMAS BOOR CROSBY, Esq., M.D, and HOWARD CARLISLE MORRIS, Esq., other of the Aldermen of the said City; ALBERT FREDERICK BOSANQUET, Esq., K.C., Common Serjeant of the said City; and LUMLEY SMITH, K.C., Judge of the City of London Court, His Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
HORACE BROOKS MARSHALL, Esq., M.A., J.P.
JOSEPH DAVID LANGTON, Esq.
FRANCIS ROBERT MIDDLETON PHILLIPS, Esq.
CENTRAL CRIMINAL COURT.
GREEN, MAYOR. TWELFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger † that they are known to be the associates of bad characters—the figures after the name in the indictment, denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, October 21st, 1901.
Before Mr. Recorder.
706. JOHN WILLIAMS (37) PLEADED GUILTY to breaking and entering the shop of Isidore Newmark, and stealing two watches, his property, having been convicted at Clerken well on February 17th, 1896, as John Morgan . Thirteen other convictions were proved against him. Twelve months' hard labour. —
708. SIDNEY TRESKOW (26) , to forging an endorsement on an order for the payment of £4 10s. 7d., also an order for the payment of £1 5s.; also to embezzling orders for the payment of £4 10s. 7d. and £1 5s., the property of George Benton and another, his employers. Discharged on his own recognizances. — [Pleaded guilty: See original trial image.]
709. JOHN HARRIS (48) , to robbery on Sarah Matilda Lavender, and stealing a bag and £7 6s. He received a good character . Six months' in the second division. — [Pleaded guilty: See original trial image.]
710. ROBERT LUMLEY (24) , to forging and uttering an order for the receipt of £10; also to forging a notice of withdrawal of £10 from the Post Office Savings Bank. Nine months' hard labour. — [Pleaded guilty: See original trial image.]
711. GEORGE YOUNG (20) , to obtaining a bag and other articles, the property of the Great Northern Railway Company, by false pretences; also to forging an order for the payment of £10; also to forging a receipt for £10; also to forging and uttering a notice of withdrawal of £10, with intent to defraud. Nine months' hard labour. — [Pleaded guilty: See original trial image.]
712. SAMUEL ALLEN , to stealing, whilst employed under the Post Office, a letter containing 10s. and four stamps, the property of H.M. Postmaster-General. Eight months' hard labour. And [Pleaded guilty: See original trial image.]
(713) ALICE MATILDA BING (30) , to forging and uttering a request for the payment of £30, with intent to defraud; also to forging a receipt for the payment of £30. Discharged on her own recognizances. [Pleaded guilty: See original trial image.]
MR. KERSHAW Prosecuted.
HARRY GLOVER . I live at 32, Wolesley Gardens, Dalston, and am assistant to Mr. Henry Alston, of 69, Cornhill—on October 10th I left all safe there; when I came back on October 11th I found 19 watches had been taken away—I have since seen 18 of them—the total value is £322—one is still missing—the shop window was broken.
CHARLES WEBBER (924, City). About 2.10 a.m. on October 11th I was on duty in Cornhill—I saw the prisoners with two others standing opposite 148, Leadenhall Street—Henri was one of the othen—I watched them for a few minutes—they crossed the road; Anderson and the man not in custody together, and Benjamin and Henri following—they went to Grace-church Street—I lost sight of them for a time—I saw Police-constable Walker, and spoke to him—I beard a police whistle blow about five minutes after I had spoken to him—I ran through Finch Lane, and blew my own whistle—I saw Benjamin and Anderson run across Cornhill from a passage towards Finch Lane and the Royal Exchange—I ran towards them—another constable came up—they pulled up and stood behind a drinking fountain—I went up to them and told Benjamin I should arrest him for being concerned with the other men, who had already been arrested—he said, "You have made a mistake; I am going to Covent Garden Market to work"—I took him into custody—another officer arrested Anderson, and we took them back to 69, Cornhill, where I saw the window had been broken—the prisoners were taken to the station—I explained the charge to the inspector—Henri said, "After that, it is no good; I have got the stuff; I did not break the window"—Anderson said he was on his way home from the Star Music Hall at Bermondsey, and knew nothing about it—Benjamin made no reply—Henri produced 18 watches—I am quite sure I saw Henri running away, and that Benjamin and Anderson are the men I saw there.
Cross-examined by Benjamin. I told Walker I had seen four
suspicious-looking men in Cornhill, and thought they were up to something, and I asked him to go to Cornhill while I went somewhere else—I had passed the jeweller's shop before I saw you; it was all right then—I did not hear any breaking of glass—I was about 500 yards from the place where the window was broken—I did not see anybody running after you—there were plenty of policemen there, and Henri was being chased at the same time.
JAMES WALKER (947, City). On the early morning of October 11th Webber spoke to me—I went into Bishopsgate Street Within, and then into Cornhill, where I saw the three prisoners—Henri and the man not in custody were by No. 69, Cornhill; Anderson was by St. Peter's Alley, about 30 yards from the shop, and Benjamin was by St. Michael's Alley, which is about 30 yards on the opposite side of the shop from St. Peter's Alley—Anderson walked towards me—I went into Bishopsgate, and into the doorway of 123—he came and looked round the corner, and then walked back again towards 69, Cornhill—I then heard the falling of glass—I rushed back into Cornhill—I saw Henri and the man not in custody at the window of 69 in a stooping position—they made off towards St.
Michael's Alley—I blew my whistle, and saw another constable rush across the street and close with Henri—Benjamin was caught by Webber, and Anderson by Davis—they were brought back to 69, Cornhill—I saw that the window was broken, and the jewellery disturbed—I went with the prisoner to the station—Anderson gave a correct address, Benjamin gave a false address, and Henri said that he had no fixed abode.
Cross-examined by Benjamin. Webber did not point the men out to me—I saw you in Cornhill about three minutes after I had spoken to Webber—the breaking of the glass was about eight minutes after I had spoken to him—my whistle was the first blown, so far as I know.
GEORGE DAVIS (832, City). About 2.80 a.m. on October 11th I was in Gracechurch Street—I saw Benjamin standing in the centre of the road in Cornhill—when he saw me he got on the back of a market-garden cart, which was going west—I then saw Anderson, Henri, and the other man farther down the hill—I saw Henri motion with his hand to Anderson, who came up Cornhill—I went into George Yard—I saw the men pass the yard—I heard a low whittle, not a police whistle; then I heard a smashing of glass—I ran into Cornhill—I saw Henri with his arm through the gate of 69—the other men wore standing close by—when they saw me Henri made for me—the others came to his assistance—I caught hold of Henri—the other prisoners caught hold of him, and got him away from me, and they ran away—I ran after Henri—the other men followed me—I arrested Anderson, and took him to the station.
Cross-examined by Benjamin. I saw you and Anderson standing in the road—I had not heard any police whittle blown before that—I saw no other policemen there then—Henri ran into Lombard Street, and you two and the man not in custody ran after me—I did not hear any police whistle blown before I blew mine—after Henri was caught you and Ander son were standing near the Royal Exchange, and 1 arrested you then.
Cross-examined by Benjamin. I did not see you near the shop window.
By the COURT. I took up the chase at a later period.
'The prisoners' statements before the Magistrate: Benjamin says:
"Anderson was not with, the other three men whom I saw in Cornhill. When I met the other three I was on my way to Covent Garden Market. I knew one of them; he asked me if I was going to take him to the coffee-stall. I said I could not go there, but I gave him 6d. I was waiting for a van to come along; I got on the van, and went to the coffee-stall with the man who was driving the van. I stayed there about five minutes, an ✗ I heard the police whistle being blown." Anderson says: "I am innocent."
Benjamin, in his defence, said that he was going to Covent Garden Market, and met Henri and two other men; that he got on to a van, and went to the Mansion House; that he was going away from there when the police whistles blew; that Webber came up and caught hold of him, and that he did not know anything about the window being broken. Anderson, is his defence, said that he was going home from the Star Music Hell, and was passing the Batik, when he heard a police whistle; that he saw several
people running, and ran after them, and a constable came up and caught him.
GUILTY .—The JURY recommended Anderson to mercy, BENJAMIN then PLEADED GUILTY to a conviction of felony at this Court on June 25th, 1900, as Thomas Anderson, and five other convictions were proved against him. HENRI PLEADED GUILTY to a conviction of felony at Clerkenvell on January 9th, 1900, and five other convictions were proved against him— Four years' penal servitude; BENJAMIN— Five years' penal servitude; ANDERSON.— Nine months' hard labour.
NEW COURT.—Monday, October 21st, 1901.
Before Mr. Common Serjeant.
MR. WARBUTTON Prosecuted, and MR. NOLAN Defended.
GUILTY .— Eight months' hard labour.
OLD COURT.—Tuesday, October 22nd, 1901.
Before Mr. Recorder.
716. HENRY MOXEY (16), GEORGE TOMPKINS (16), and THOMAS JOBSON PLEADED GUILTY to breaking and entering the warehouse of Jane Franklin, and stealing a purse and £3, her property. TOMPKINS and MOXEY also PLEADED GUILTY to stealing a lamp, the property of Frederick William Purcell . MOXEY also PLEADED GUILTY , with FREDERICK RINGROSE (16) to breaking and entering a place of divine worship, and stealing a pair of shoes; Tompkins having keen convicted of felony at Highgate on May 15th, 1901. Moxey, Ringrose, and Jobson received good characters. TOMPKINS, Twelve mouths hard labour; MOXEY, Judgment respited; RINGROSE and JOBSON Discharged on recognizances. —
717. FRANK WALKER (29) and CYRIL WALKER (20) , to inducing William Lish, John Williams, and Henry Warrington to execute certain valuable securities, with intent to defraud; also with LAURA WALKER(18) , toobtaining from George Stormont £58 10s. 9d., from Edward Barnard £116 2a. 6d., and from Edward Wheatland a sideboard and other articles by false pretences, with intent to defraud. LAURA, Six months in the second division; FRANK, Four years' penal servitude; CYRIL, Eighteen months' hard labour. — [Pleaded guilty: See original trial image.]
718. CHARLES FENLEY (19) , to stealing a watch from the person of John Brooks, having been convicted of felony at Clerkenwell on October 2nd, 1900. Another conviction was proved against him.† Twelve months' hard labour.— [Pleaded guilty: See original trial image.]
719. MARIE JOSEPHINE EASTWICK (33) , to endeavouring to obtain £13,000 from Henry Ramie Beeton, by virtue of a forged instrument; also to obtaining a banker's cheque for £600 from William Hall Walker, with intent to defraud.— Judgment respited. —And [Pleaded guilty: See original trial image.]
(720) JULIAN GAULT (23) , to stealing 40 gold rings and other jewellery, the property of Henry Cyril Paget, Marquis of Anglesey, his master. Five years' penal servitude. [Pleaded guilty: See original trial image.]
The prisoner having stated that ht would PLEAD GUILTY to simple robbery, the JURY returned a verdict to that effect.— Three months' hard labour.
MR. HOPKINS Prosecuted.
THOMAS HAWKINS (Detective Sergeant, W). I arrested the prisoner on September 23rd—I told him he would be charged with having feloniously married Eleanor Fuiler on February 3rd, 1895, his wife being then ard now alive—he said, "Yes; it is quite right, I expected it"—this is the certificate of his marriage at the parish church at Ashton-under-Lyne; it is between William Rogers, aged 40, and Mary Ann Hopwood, aged 28—the second certificate is of a marriage at Lambeth parish church on February 3rd, 1895, between William Rogers, aged 46, widower, and Eleanor Fuller, spinster.
ELIZABETH GAYTER . I am a widow, and live at Ashton-under Lyne—I know the prisoner—I was present when he was married at the parish church at Ashton—I was one of the witnesses—his wife is alive now; she is not here.
By the COURT. He left her five weeks after the marriage—they had a difference—she went home to her mother's.
ELEANOR FULLER . I live at 23, The Grove, South Lambeth—I went through the ceremony of marriage with the prisoner on February 3rd, 1395, at the parish church, Lambeth—I was a widow at the time—the prisoner described himself as a widower—I did not know he had a wife alive—he has been living with me up to the present time—he is a carpenter—his wife came to my house and asked for William Rogers—she asked me if I was his wife, and I said, "Yes"—I have no complaint against the prisoner; he has been very good to me—I am not prosecuting.
The prisoner, in his defence, said that his wife left him five weeks after they were married, which was 11 years ago; that he had not seen her since, and did not know if she was dead or alive.
GUILTY .— Two days' imprisonment.
MR. THOMPSON Prosecuted.
EVAN DAVIES . I am a draper, of 1, Broadway, St. Margaret's, Twickenham—last June I had a customer named Mrs. Gregory—on June 26th the prisoner called at my shop, and asked for Mrs. Gregory's account—I gave it to him—he told me he would be back in about an hour, and pay it—I did not know him—he told me he came from Mrs. Gregory—he came back about 2 o'clock, and presented me with a cheque for £9 on the London and County Bank, payable to Mrs. Maggie Gregory, and drawn by H. West—my bill was £2 6s. 8 1/2 d., and I gave him £6 13s. 3 1/2 d. in cash change—I took the cheque with others to my bankers, but it was endorsed wrong, and they would not take it, as the London and County Bank would not pay—the prisoner told me that Mr. West was a furniture
dealer at Putney Bridge Road, and that he had just bought Mrs. Gregory's furniture, and that the cheque was in part payment—I went there, but could not find H. West—I communicated with the police, and eventually picked the prisoner out from a number of others.
MAGGIE LOUISA GREGORY . I have been living under the protection of a man who is now dead, and I am also called Pearson—I live at Twickenham—I had an account with Mr. Davies amounting to £2 6s. 8 1/2 d.—I do not know the prisoner—I never saw him till he was at Brentford—I did not authorise him to pay Mr. Davies on my behalf—I did not draw a cheque in favour of Mr. Davies—I have no banking account—the endorsement on this cheque is not my writing—I do not know anything about it.
ALBERT JOHN BUCK . I am a cashier at the London and County Bank, Putney Branch—on June 26th we had no depositor named H. Westr—this cheque is from a book issued by us to a Mr. Silcock—more than one cheque from that book has been presented at the bank and not honoured.
GEORGE CHARLES SILCOCK . I am the son of the landlord of the Star and Garter at Putney—my father obtained a cheque book from the Putney branch of the London and County Bank on April 30th last—it was kept under the counter in a leather bag, not under lock and key—on May 5th I changed some coppers for a man—I put the bag in the same place as usual—about an hour afterwards my father came home—we hunted all over the place for the bag, but could not find it—I do not know the prisoner.
WILLIAM MOORE (Detective Sergeant, T). On September 8th, in the evening, I saw the prisoner in Devon port Road, Shepherd's Bush—I said to him, "I believe your name is Boynton?"—he said, "Yes"—I said, "I am a police officer; I am going to take you into custody on suspicion of forging and uttering cheques in June last at Twickenham"—he said, "That is funny; where is your authority?"—I showed him my authority—he said, "I know nothing about any cheques; I have no banking account; you have made a mistake; where is Twickenham? have you been looking for me long?"—I replied, "Yes, some time"—I took him to the station, and on the morning of the 9th he was placed among nine other men, and was identified by the prosecutor.
The prisoner produced a written defence, stating that he had been led away by others, and that one of them, named Russell, asked him to go to three shops and ask for Mrs. Gregory's account, as he had to pay all her bills; that he got the accounts, and gave them to Russell, who gave him some cheques; that he took change amounting to £23 10s. back to Russell; and that he did not know there was anything wrong with the cheques.
GUILTY † of uttering .—He had been convicted on January 1st, 1900, of obtaining 16s. by fraud.— Eighteen months' hard labour.
NEW COURT.—Tuesday, October 22nd; and
THIRD COURT.—Wednesday and Friday, October 23rd and 25th, 1901.
Before Mr. Common Serjeant.
725. MATILDA HUTT , to a malicious libel on Ellen Ragazzoni. (Her brother stated that she had been in an asylum, and undertook to look after her.) To enter into recognizances. [Pleaded guilty: See original trial image.]—And
MR. BRIXHOLM Prosecuted, and MR. PURCELL Defended.
GOW received a good character.— NOT GUILTY .
728. JOHN NICHOLSON (47) and HENRY THOMAS RICHARDS (39) , Conspiring to defraud certain of His Majesty's subjects. Other Counts: For obtaining money on credit by false pretences. NICHOLSON PLEADED GUILTY to the Conspiracy Counts.
MR. MUIR and MR. BODKIN Prosecuted, and proceeded on the Conspiracy Counts only; LORD COLERIDGE appeared for Nicholson, and MR. LYNCH for Richards.
SOPHIA KAUFFMAN . I live at 3, Bentley Road, Liverpool—I saw an advertisement in a local magazine of a contest to name a number of birds from certain letters, not using "y," "x,"or "z"—I named 40, which I sent in, and got this type-written letter, acknowledging the receipt of my solution, stating that it had been judged worthy of a prize by the Board of Arbiters, and that I had been awarded a clock, which would be sent on the receipt of 5s. 6d. for a subscription to Woman's World, which might be sent in stamps of any country—I believed that there was a Board of Arbiters—I had never heard of the Woman's World—I sent 5s. 10d., believing that a prize had been awarded to me, and got this post-card acknowledging it—(Dated May 2nd, and stating that the prize would come in due course.)—I then got this letter—(Stating that they were going to send the witness a prize ring, but had not got the size of her finger.)—I Afterwards got the ring (Produced), and my husband wrote this letter—(Returning the ring, and requesting that the clock should be sent.)—he then wrote this letter—(Stating that the clock had not come, and unless they carried out their agreement he should place the matter in the hands of his solicitors.)—I then got this letter: "June 12th. Dear Madam,—We regret to hear you are not satisfied; it is impossible to go against the judges' decision. The better way will be to enter one of the other contests, and no doubt you will be better pleased"—I then wrote this letter—(Insisting on the clock being sent.)—I never got the clock, but I held the ring at their disposal—I got a copy of the Woman's World for May, 1901, but thought nothing of it—I was charged 5s. 10d. for it per annum—I did not get another number—I complained to the police, and sent up the correspondence.
WALTER DEW (Police Inspector, T). I saw this correspondence, and entered into the competition in May—I sent in a list of 20 names, not birds' names—I then received this printed letter, imitating type-writing, saying, "Your solution is good, worthy of a prize, which will be sent as soon as the subscription, 5s. 10d., to Woman's World is received"—I sent 5s. 10d., and received on July 10th a ring similar to that sent to
Mrs. Kauffman, but did not receive Woman's World—I have never heard of that paper or seen it, and it is not entered at Stationers' Hall—Sergeant Fowler made out this statement as Miss Fowler, in my presence, in April, two days before me—this is the list of birds and beasts he sent in, with the prohibited letters in them—he never got a prize; he sent 5s. 10d.—the answer he got was, "The judges have given you a beautiful ring, much more beautiful than the clock; you ought to get 5s. 6d. to a guinea for it with the rights of the paper."
WILLIAM TURNER . I saw an advertisement in the Irish Rosary, and sent in a list of 108 birds, and got this reply: "Your solution has been judged by the Board as worthy of a prize, and they have awarded you a clock so soon as you send a subscription to Woman's World of 5s. 10d."—soon after that I got this letter: "The judges are making a revision of the prizes, and we award you a costly ring; you can sell it if you like with the right to the paper; you can get 10s. 6d. to a guinea for it "—another letter says, "We are sorry we cannot change the award; we are returning the ring; it is worth more money; we hold the premium till you decide whether you have the ring or the clock"—(Another letter stated: "The prize ring was sent on January 12th; if not to hand trace it through the Post Office")—I sent back the ring, but never got the clock.
Cross-examined. The correspondence was printed; they all came from the Woman's World.
HARRY FRANK CHITTOCK . I am a clerk in the office of Joint Stock Companies—I produce the file of the European Colonial Agency Company, Limited, which was registered on February 12th, 1901, with a nominal capital of £1,000 in £1 shares—the office was at 144, Float Street—Arthur Aylesford and Henry Dawson are two of the seven signatories—the signature to this agreement is, in my judgment, in the same writing as that on the company's file, and that of Aylesford also—I also find the name of Alfred Wilson on the agreement—I cannot say whether that is the same, because it was covered right over.
WILLIAM ROGERS . I am manager to the Western Newspaper Company, 144, Fleet Street—last December I had a room to let on the first floor—Richards came about it, and said that he was manager of the European & Colonial Advertising Agency, and took the room at £20 a year—the name of the agency was put up in the first instance, but subsequently other names were added: "Woman's World," "The Imperial Type Foundry," "Richardson Brothers," and "The Golden Sovereign"—this is the agreement, dated December 7th; it purports to be signed "Alfred Aylesford" in the presence of a man named Davey—the place was occupied till within the last fortnight—I have not seen Richards there since last autumn, when he called at the office; that was before the date of he agreement—I have not seen him since the agreement—I go t✗re every day—the rent was paid in advance at our office; I do not know who by.
Cross-examined by MR. LYNCH. When Richards came to look for rooms I knew him as the manager of the company—the business went on daily, and there was a young lady in charge—I have no idea who gave
the order to put up fresh names—I have not seen Richards since last year or the first week in January.
WILLIAM FREDERICK THOMAS DAVEY . I am a printer—from October 25th, 1899, to April 27th this year I was employed at the Imperial Type Foundry, 9, High Street, Brentford—I knew it as Longcott, Gunners—bury—I know Richards as Dalesford—he filled in orders, and did correspondence—I think it was the end of November—it was in November—I last saw him at the beginning of March this year—we printed the heading of this document, and the line at the bottom imitating type-writing, but not the other part in typewriting—I saw Richards sign it "A. Dalesford "—I knew him as Dalesford—(This was an agreement dated December 7th, 1900, for taking a back room at 144, Fleet Street, by Dalesford, of 12, High Road, Chiswick, advertising agent, from December 25th, at an annual rent of £20, payable quarterly.)—I knew Nicholson as Dr. Nicholson—I also witnessed this signature of "Alfred Dalesford" by Richard.—I did not witness the other signature, "Henry Wilson"—it appears to be Nicholson's writing—(This was an agreement of February 19th, 1000, between Dalesford, of 4, High Road, Chiswick, and the European Advertising Agency, Limited, for letting as their registered office the room at 144, Fleet Street, as advertising agents, in pursuance of a resolution passed at a meeting of that company on February 15th, 1901.)
Cross-examined by MR. LYNCH. I knew Dr. Nicholson as the governor—two boys and two or three men were employed at Brentford, as printers—I was employed by the manager, Mr. Sinclair, before, and Dalesford came about a year after—he left early in March—the Woman's World existed all the time I way there—I saw it, and the forms that are printed—only the foreman gave me orders.
Re-examined. The Woman's World was printed at the Imperial Foundry Company's place at Brentford.
CHARLES PRANGLIY . I am a compositor, of 29a, West Street, Warminster—in August last year I was employed by Nicholson Brothers—I only saw Nicholson—I was engaged by letter from home—the manager was Mr. Noakes—I saw Richards at 9, High Street, Brentford—I used to get orders from Longoott, Gunnersbury—we sometimes printed the Woman's World at Brentford; sometimes it was printed at Hart's, at Ipswich—we did printing connected with the European and Colonial Advertising Agency—I received those orders from Longcott—we printed chiefly order forms, just the heading—I remember Richards, whom I knew as Dalesford, asking me to sign a paper; I had not time to read it—I did not know that I was taking a £1 share—I never paid anything, nor received any dividend, nor certificate, nor attended any meeting of signatories—Sidney John Mills, the next signatory, worked with me—he signed it with me—this is his writing.
Cross-examined by MR. LTNCH. I do not know the other signatories—I left about the second week in July—I assisted in printing the Woman's World—I never received orders from Dalesford—I received orders by letter, I fancy from Nicholson.
News and the Sketch—Sir William Ingram was the head—on January 18th this year I received this order from the European & Colonial Advertising Agency, 144, Fleet Street, managing director, Wilson, and secretary, Dalesford, for insertion of advertisements for £61 in February, March, April and May—the advertisement appeared in March and April, or probably in three issues of the English Illustrated; then I received a complaint, and wrote to the European Company, declining to insert that copy, and asking them to change it—we never got paid—applications were made for payment—I went several times—at the time I undertook the European & Colonial Advertising Agency, Limited, advertisement I believed the company was a bona fide company, and carrying on a bona fide business, and that it was solvent—if I had known the seven signatories were compositors and employees I should not have undertaken the advertisements without the money.
Cross-examined by MR. LYNCH. The advertisement was to appear after reading matter, which position would be more valuable than on the cover of the magazine—I wrote, declining to insert the copy they sent, risking an action, and asked for a change, and got it.
GEORGE BAKER . I live at Colenso House, Ashburn Road, Mitcham—I am employed by the Columbus Company, Limited, of 43, Fetter Lane, the publishers of the Contemporary Review—our company manage the advertisement department of that paper by arrangement with the proprietors—in consequence of this letter from the European Agency, we inserted their advertisements in March, April, May, and June—we applied for payment of £21—we got nothing—we put the matter in our solicitor's hands—at the time I believed the concern was genuine, and carrying on an honest business at 144, Fleet Street, and was solvent.
Cross-examined. The payment was quarterly—the March account would be due on April 1st, taking the ordinary quarters.
EMILY LOUISA DOBSON . I live at 29, West Street, Warminster—in August, 1899, I answered an advertisement in the Daily Chronicle, and was engaged by Nicholson as lady clerk—I went to Longcott, Gunners-bury, or 26, High Road, Chiswick, I believe, to fulfil my duties—I was at first occupied in looking over English, foreign, and colonial newspapers for advertisements of the Ornithological Contests—that took me up to October or November—then I went to 9, High Street, Brentford—I stayed there some months, doing similar work—letters came, which wow sent to Longcott—at the beginning of this year I went back to Longcott, where I was employed in connection with the Woman's World Ornithological Contest—my hours were from 9. a.m. to 6 p.m.—on arrival I found in my drawer a number of open letters addressed to the Woman's World as to the contest—Dr. Nicholson lived in the house—I found no list of birds' names, except when they were put there by mistake—the amount received was already marked on each letter, chiefly sums of 5s. 10d.—the amount was entered in a book, with the name and addrees—rings were sent with forms attached, stating the competitors were to have a ring instead of a clock—the acknowledgment of the money was sent by post-card—this is one of the forms, stating that the judges had made a revision of the awarded prizes, and had given a beautiful costly ring instead of a clock, and that the competitors ought to get 10s. 6d. for it—I believe the
ring was sent in a little box—I never saw any Board of Arbiters at Longcott—replies were sent the same day, unless we had too much to do—the letters appeared to have come that morning—there were between 50 and 60 letters a day—when letters came about the rings, a form was sent, stating that we were very sorry they were dissatisfied with the prize, and that we hoped in future, if they would go into the contest again, they would probably obtain a better result; that it was impossible on our part to go against the decision of the judges—Dr. Nicholson directed the course of business at Longcott—I recognise Richards as Dalesford—he came every day—he did writing, but not in the same room—I have had notes sent down from his room in his writing—they were not kept—they were sometimes about advertising accounts—I saw Richards, or Dalesford, at 9, High Street, Brentford—he occupied the top back room above my office, and did writing—144, Fleet Street, I believe, was an advertising office—I went there by the direction of Dr. Nicholson during the leave of absence of Mrs. Fontana—papers were checked and advertisements looked up, the same as at High Street, Brentford—I saw Mr. Gunnernordstrom—he was an advertisement clerk, I believe, at Longcott—several gentlemen were employed as translators—one was called Jowph—this signature, "Joseph" something, appears to be his writing—I have been told his name was Joseph Holly back—this looks like "Hollyback"—I bought a gross, I believe, of these rings for Dr. Nicholson—I paid over £2 and under £3 for them, I cannot remember the amount.
Cross-examined by MR. LYNCH. When I went there in August, 1899, the Woman's World was in existence—I believe it is still in existence—when not tied up in bundles the letters were put into the drawer of each clerk, for whoever they would have to go to—another lady sent the prizes—a Miss King was employed there—some testimonials were sent—I sent them to Dr. Nicholson, writing across them, "Testimonial letter"—Dates ford was advertisement clerk—five clerks were employed—one day I saw a tea service, but I never "shipped" any prizes of the Woman's World—I saw it in the shipper's room—it was to be sent—we knew about prizes to be sent to different people, and spoke about them—I saw them—the tea service was china, rather small—Dalesford never took charge, or gave directions relating to the Woman's World, while I was at 144, Fleet Street.
WALTER DEW (Re-examined). I arrested Richards at 23, Stockdale Road, shortly after 4 p.m. on July 24th—I told him I was a police officer, and held a warrant for his arrest, which I read to him—he began ✗ make a statement—after cautioning him I wrote this statement—I asked him if his name was Richards—he said, "Yes"—I told him I should apprehend him for fraud, and read the warrant to him—he said, "I was a paid servant in the name of A. Dalesford, and for which I received 30s. per week, and I left him in March last, and sent all his correspondence back. I used to do some of the clerical work at home relating to his advertising department at 144, Fleet Street. It belongs to him, Nicholson. The reason I sent correspondence back to Longcott was owing to an article I saw in Truth connecting me with his business, and I thought it best to sever our acquaintance. * * * * I wrote to Nicholson for an engagement, thinking it was his bounden duty to help
me somewhat, and he immediately gave me employment as an advertisement clerk at 30s. per week, and eventually proposed that a new advertisement agency should be open, he saying that the Imperial Type Foundry at Brentford was run out. He then brought out the European & Colonial Advertisement Company, 144, Fleet Street, and appointed me secretary at the same salary, viz., 30s. per week. I was not allowed by Nicholson to be at 144, Fleet Street, he placing a girl there instead. When the company was formed I became a signatory at Nicholson's suggestion in the name of Dalesford. The witness's signature named Dalesford is, however, not mine, but I believe was written by Nicholson. He also was a signatory in the name of Wilson. I have never benefited in any way by this apart from the salary he gave me. I told him on one occasion that he would get into trouble over the Woman's World affair it he did not watch it, as he was promising to send clocks, but only sent trumpery rings, but he laughed and pooh-poohed the idea, and said, 'Never fear.' Had he taken my advice and carried out his promises he would not now have been in this trouble; he treated all his clerks with contempt and merely as fools. All he did was to bank the money and stick to it; he simply opened the letters and took the money out, and divided the letters among the clerks for attention. I make this statement voluntarily, and desire that it should be given in evidence in my defence"—I read it over to him, and he signed it and initialled each sheet—I found at Longcott the three receipts produced for rent, and the notice from Rogers, the landlord, that the rent was due at 144, Fleet Street.
Cross-examined by MR. LYNCH. A great deal of money was obtained from the public by this ornithological contest—I arrested Nicholson on July 12th, and Richards at his address as he was going in on the 24th, when Nicholson had been twice before the Magistrate—I searched Richards—his house was not only poverty-stricken, but in a very filthy condition—he has a wife and four children.
RICHARDS— GUILTY. The JURY recommended him to mercy on the ground that he was under the influence and control of Nicholson .— Four months' hard labour. NICHOLSON— Eighteen months' hard labour.
729. ALEXANDER VILLIERS GEORGE (27) PLEADED GUILTY to two indictments for perjury by making certain false declarations before Commissioners for oaths, also to two indictments for obtaining by false pretences from the Equitable Estate Investment Company a security for £40, and from Herbert William Augustus Garrett an order for the payment of £50, with intent to defraud, and to a conviction of felony at this Court in January, 1895, in the name of Alexander George . Two other convictions were proved against him.— Six months' hard labour. The COURT, after consulting MR. JUSTICE BIGHAM and the RECORDER, granted an order for the restitution of the proceeds of a cheque found on the prisoner.
MR. PARTRIDGE Prosecuted, and MR. LAWLESS Defended.
SIDNEY GEORGE IRWIN . I am a ledger clerk, employed by Messrs. Cox & Co., bankers—I have made and produce a certified copy from the books of the account of Victor Hughes Hallett—this is Hallett's pass book, which shows an account opened in 1899—the certified copy is from January 3rd, 1897, to July 4th, 1900—I find he has overdrawn £4 13s. 3d.—the writing in this letter of July 4th, 1900, is that of an employee, informing Hallett that his account was overdrawn—no money has since been paid in—to make the ledgers agree we have written it off as closed—our letter to him of September 20th, 1900, is to that effect—it was addressed to the Deanery, Gayton, Blisworth, the address we then had—the three cheques produced are payable to Mr. Haigh, to Lyons & Co., and to the Carlton hotel—they are marked by our bank "No account" or "Account closed."
Cross-examined. A considerable sum, probably £4,000, was paid in—the balance was quarterly.
THOMAS CROSSLAND HAIGH . I am a cycle agent—my private address is the Chepstow Villas, Richmond Road, Staines—on July 18th the prisoner came to lodge with me—he said he did not wish to go on to his hotel, as he was tired, and asked if my wife would put him up for the night—we took him in, and he stayed till Monday, July 22nd—he was to pay £1 for the four days—I lent him a sovereign—he gave me an I.O.U. for that—on July 20th he gave me this cheque for £5, which he wrote on a plain piece of paper, with the ordinary postage stamp on it—when I saw him writing it on plain paper I gave him to understand that I was rather uneasy about it—he said it would be all right and correct if he stamped it and signed it—I went to my bank and got £5 in gold—I took £2, and gave him £3 in gold as change—I believed the cheque was genuine—on the following Tuesday, July 23rd, the cheque was returned, marked "No account"—the prisoner had left the day before—I did not know his address—I obtained an address—I called at 4, Park Shot, Richmond—I finally wrote there—I got this letter from him of July 23rd, so that he must have written it the day he left, because I received it the next morning—(This stated that his worst fears had been realised; that his affairs were in a bad way temporarily; that he had overdrawn at the bank without knowing it, as various moneys which ought to have been paid in long ago had never reached it, and asking the witness to hold over that £5, and let him owe it.)—I wrote to him, and received this reply from him—(This was dated "2—8—1," (and stated in reply to letter of 30th that he treated the witness's observations with the contempt they deserved; that his was the only intimation he had that his account at Cox's had been closed, and assuring the witness of his intention to repay him.)—I have never received the money.
Cross-examined. I had known the prisoner some eight weeks before he came to stay with me—the police came to me—I did not take proceedings—I do not remember his stating that he was in financial difficulties, but he was in some love trouble—the suggestion to stay with us was his—I have always understood that he told my wife that he wanted to come for the night—prior to his coming he borrowed the £1—he gave me to understand that he had plenty of money in London, but that the tradesmen of
Staines would not cash his cheques—we were friendly—he took me and my wife up the river, and paid the expenses out of my money.
ERNEST PATHABIER . I am a waiter at the Trocadero restaurant—I have known the prisoner as a customer—on July 16th he had a dinner there with another gentleman—he said he had come without any money, and was going to write a cheque, and that he had written to the manager in the morning—he asked me for note-paper and pen and ink, and wrote a cheque out for £5—the dinner was £1 1s. 6d.—I took the paper to the manager, and in consequence of what he said I told the prisoner that the manager would not sign the cheque, but that he was willing for the prisoner to sign the bill, so the prisoner signed the bill and obtained credit for the dinner, £1 1s. 6d.—he came back with the paper.
Cross-examined. I have been at the Trocadero four and a-half years, soon after it was opened—during that time the prisoner has been a constant customer—he and his friends spent a deal of money there.
JOHN SURR . I am a waiter at the Trocadero—on August 12th I served the prisoner and a lady with a dinner—the price was 15s. 6d.—he asked for paper and pen and ink, and wrote this cheque for £5—I gave it to the manager—it was signed by Mr. Booth, and I gave the prisoner the change, about £3—I said, "You have another bill to pay"—he said, "All right."
Cross-examined. I am certain he was with a lady—I never said that he came alone.
GEORGE WILLIAM BOOTH . I am a director of the Trocadero—on August 12th this cheque was brought to me—I initialled it, so that the cashier could accept it in payment of an account—I knew Hallett's name as a customer—I believed it was a valid order for the payment of £5, and that the prisoner had authority to draw upon Cox's Bank for that amount.
JACK KRAMER . I am head waiter at the Carlton hotel restaurant—on October 5th, 1900, the prisoner had a supper at the restaurant, I think with somebody else—it came to £2 3s. 3d.—he signed his bill, "Victor Hughes llallett"—on August 21st my representative handed me this letter from a District messenger, signed "Victor Hughes Hallett"—(Stating, that he was just back from the Continent, and if the manager would accept his cheque on Cox's Bank for £5 he could deduct what he owed.)—I had known him before, and gave instructions that if Mr. Hallett came for supper the cheque might be cashed—I believed that he had an account at Cox's, and had power to draw a cheque upon then for £5.
JOHN OSTETLER . I am a waiter at the Carlton—on August 21st I received instructions from Mr. Kramer, and afterwards served Hallett, who came alone, I think, with a supper—he asked mo for a cheque, and I gave him one of the blank forms we keep—he made it out for £5—I deducted the price of a previous dinner, and gave him about £2 change
Cross-examined. I have been a waiter at the Carlton since it opened, about three years—I did not say at the Police-court, "I had seen the prisoner at the Berkeley hotel and at the Carlton restaurant. We had given the prisoner credit before at the Carlton restaurant"—I have seen him once or twice before, once perhaps—I attended in the restaurant—if
he has been several times I did not see him—there are a great many waiters.
ALBERT BURTON (Detective, C). On September 29th I went to Weston-super-Mare—I said to the prisoner, "You will probably be charged with obtaining money by means of worthless cheques at the frocadero Restaurant and at the Carlton Hotel"—he said, "I am surprised that the people at the Troc. and the Carlton taking any such action, as they know me so well; I have dined there so often: I tell you truly at the time I wrote those cheques I thought I should have had some money from my relatives; then they would have been all right; I asked them not to pay them in at once"—he was conveyed to Vine Street Police-station—I searched him at Weston-super-Mare—I found on him various memoranda, and at his lodgings this pass book and the letter from the bank relating to his account being overdrawn.
Cross-examined. When formally charged at Vine Street Police-station he made a similar statement to what I have read.
GUILTY .— Judgment respited.
MR. WOODGATE Prosecuted.
NOT GUILTY .
MR. HURRELL, for the Prosecution, offered no evidence. NOT GUILTY .
MR. ROBERTS Prosecuted.
WILLIAM TURNER (Detective, F). On August 21st I saw the prisoner at Glasgow Police Chambers—I read the warrant to him which I held, and he said, "Yes, it is quite right"—I conveyed him to London, where he was charged—he made no further reply.
Cross-examined by the prisoner. On the second occasion you were before the Marylebone Police-court the witness Dow did not turn up from Perth—he sent a telegram, which said that he was under medical attendance, and wrote to the Magistrate saying that he had met with an accident—you said that you believed your wife was dead when you married.
ALEXANDER DOW . I live at Tague View, Barn Hill, Perth—on November 22nd, 1892, the prisoner was married to my sister, Mary Findley Dow—this is the certificate—I was present—I saw her on the 20th inst., when I left Scotland—there are two children of the marriage, which I have supported for some years, my mother looking after them—the prisoner's wife has been in indifferent health—she has been living with us when not in service.
Cross-examined by the prisoner. My sister was working in Edinburgh at a laundry—she could not have contracted an irregular marriage in Scotland—I was in Perth—she was surrounded with friends, and it was impossible for
her marriage to take place without its being known—you occupied the same bedroom with my sister eight or ten months before the second child was born in April, 1896—I failed to appear on the second occasion that the case was before the Magistrate, and sent an explanation that I was under medical attendance—I fell from a tree and hurt myself; one of my kidneys was affected, and a doctor was attending me.
KATE SEWELL . I reside at High Cliff Mansions, Walton-on-the-Naze—I was married to the prisoner at St. Peter's Church, Bayswater, on September 25th, 1899—he described himself as unmarried—he signed the certificate as a bachelor—I first beard he was married the following year—I have one daughter by him.
Cross-examined. I made your acquaintance in 1896—you wrote from India to me in Canada—I have not kept your letters—I passed the winter of 1897 in Canada—we corresponded, but there was no engagement—in 1898 you wrote to me from India, saying that you were ill with enteric, and had to return to England, and I believed you—you visited at our house—my mother wished to know more about you and your position—if you had not married me I should have been free of a dishonourable man—my child was born on April 5th, 1900, and will you state that you gave me an illness, and that my child was prematurely born, and within two months of the marriage you seduced a girl, and in her trouble I assisted her—I did not think it necessary to inquire into your past—there was no secrecy in the marriage—you told me to go to the devil—you treated me kindly.
The prisoner's statement before the Magistrate: "What the former witnesses have said is quite true. After I married Miss Dow I discovered she was already married under Scotch law. The witnesses can be found to prove this. Sergeant William Ballen is still alive, and is at the front in South Africa. When I went to India in 1896-1897 I received a letter from the mother of the first wife, asking for the support of the children, and saying she had not seen her daughter for months, and it was quite possible she was dead. She did not say she was dead. I wrote promising money, and asking certain news if she was dead. I heard nothing since from them. In 1898 or 1899 I had a letter written to the Rev. John Simons, asking for the woman's address if alive, and for particulars of her death if dead, also enclosing a letter to her sister, Jessie Dow, asking the same thing. That letter came back through the Dead Letter Office, marked 'Deceased.' I did not know Dow's address. I made up my mind she was dead, otherwise I could have taken proceedings in the Scotch Courts for nullity on the grounds of her previous marriage with Sergeant Ballen. I have a letter expressing the opinion that my first marriage was null. The reason why I did not take proceedings for nullity was because I thought she was dead. I considered I was a bachelor when I married Miss Sewell. I have not seen the first wife since 1896. She and her people knew where I was."
The prisoner, in his defence, on oath, repeated this statement, and added that his wife was living by prostitution.
Evidence for the Defence.
request I wrote a letter to a clergyman at Perth, whose name I do not remember, and another to Jessie Dow, which was enclosed in the one to the clergyman—the letters inquired the whereabouts of some person I cannot remember, but I believe it was your wife—I knew you as John Thomas Townsend—you went by the name of Colonel Thomas—the person inquired about was a woman, also a child—I do not remember your showing me the answer, but I remember your telling me your wife had died—I had no knowledge of the persons concerned—I have not met you since I saw you at Netley—I had no knowledge of this case before I heard from you in Newgate Prison.
ALEXANDER DOW (Re-examined). The prisoner and his wife lived with us some time, then they took a house—when he left his wife his home was broken up in Perth—we have always been in touch with her to the present time—she was not living by prostitution—she was not married before she was married to the prisoner—no marriage with a Sergeant Ballen took place—I had never heard of him till I came to London.
WILLIAM TURNER (Re-examined). I wired to the Chief Constable at Perth on the Thursday of last Sessions—he had been here on the Tuesday—I received a reply that Dow bad left Perth for the purpose of coming to London to attend the Central Criminal Court two days ago, and received a letter from the solicitor that that was correct—I understand that he did come up, and he was drugged by two persons representing that they were detectives, at Euston, and that he went back from London to Perth, and was 19 days going back—I applied for a subpcena, and he was served, and came up last Sunday.
GUILTY .—Turner stated that the prisoner was convicted of felony in June, 1900, and sentenced to one month's hard labour.— Eighteen months' hard labour.
THIRD COURT.—Tuesday, October 22nd 1901.
Before Mr. Commissioner L. Smith, K.C.
734. JAMES MCCARTHY (20) PLEADED GUILTY to feloniously breaking and entering a meeting-house, and stealing 120 knives, 10 carving knives and 10 carving forks, the goods of Hugh Price Hughes, and to a previous conviction of felony at Marlborough Street Police-court in February, 1900. Nine other convictions were proved against him. Four months' hard labour. —
735. JOHN CLARKE (43) , to three indictments for stealing a banner and other goods, the property of William Birch and others, and to a conviction of felony at Chelmsford in October, 1900. Two other convictions wereproved against him . Twelve months' hard labour.— [Pleaded guilty: See original trial image.]
736. WILLIAM BALLS (19) , to forging and uttering receipts for £1 12s. Id. and 15s.; also to stealing two deposit books of the National Penny Bank and a pocket-book, the goods of Francis Henry Godfrey . Two months' hard labour. — [Pleaded guilty: See original trial image.]
737. THOMAS COOK (69) , to maliciously breaking glass windows belonging to Spencer Turner and others. Two other contrictions were proved against him. Four months' hard labour.— [Pleaded guilty: See original trial image.]
738. WILLIAM HUNTER (38) , to stealing a bicycle, the goods of Joseph Corbyn, and to a conviction of felony at Clerkenwell in December, 1894, in the name of William Smith . Five other convictions were proved against
him. Nine month's hard labour; having still three years of his last sentence to serve.— [Pleaded guilty: See original trial image.]
739. JOHN WILSON (30) , to burglary in the dwelling-house of John James Ricketts, with intent to steal, and to a conviction of felony at this Court in March, 1897, in the name of Frederick Gresson . Seven other Convictions were proved against him, and he had still over a year's imprisonment to serve . One month's hard labour.—And [Pleaded guilty: See original trial image.]
MR. GRIFFITHS Prosecuted.
FREDERICK BUTCHER . I am an engine driver, of 36, St. Vincent Street Islington—on Saturday, September 28th, about 5.30 km I walking in Commercial Street—I had 15s. in my side vest pocket—the prisoner stopped me and asked me to go with her-someone pulled me on one side and put his arms round mine—the prisoner, seeing where my money was put, pulled the lot outshe dropped 2s. 6d. on the ground—they let me go and ran towards Dorset Street—I called, "Stop thief!" and "Police!"—I slipped down—I picked up a half-crown from the pavement, and a few halfpence were 1 ft in my pocket, but no silver—I had had two or three glasses in the Minorics—my head was bruised by contact with the wall, and I saw a scratch when I went to the station
Cross-examined by the prisoner. I did not want you to go with me—ROZIER (192 H). I was on duty near Commercial Street on robbed, and that the woman had run down Dorset Street—I ran after her, and was tripped up by one of the thieves—when I had got through Paternoster Court I caught her by her skirt as she was entering a house—she put half—crown and a penny in my hand, and said, "That is all I have got of his"—a crowd gathered—I got the assistance of another constable—she was very violent; she had to be held in the dock—we found another 1s. 11d. on her at the station—Butcher had a bump on his temple about the size of a walnut, and on the left side of his face a scratch, which was bleeding.
GUILTY .— Three months' hard labour.
MR. HEDDON Prosecuted.
ROBERT HERBERT . I live at 27, Cedar Grove, Woolwich—I am a seaman—on October 19th I was in the Commercial Road about 12.40 a.m., waiting for a party to go home to Blackwall—the prisoner and another man came up—the prisoner knocked me down—he got his hands behind my hands behind my back—he put his knee in the small of my back, while the other man went through my pockets—he took out a few necessaries which I had for sea, and a half-sovereign, 2s., and 9d.—they ran down the street, and I ran after them—I told a police officer that they had robbed me, and he took the prisoner into custody—
I charged him—all I heard him say was that it was all right—I never lost sight of him—the other got away down a little narrow street.
Cross-examined by the prisoner. I had hold of you, trying to punch you—I never lost sight of you—no other man but the two who robbed me was to be seen.
JAMES THOMPSON (78 KR). I was on duty on October 19th in the Commercial Road about 12.45 a.m.—from what the prosecutor said, I went down Dorset Street, and saw the prisoner and another crossing the road—I gave chase and caught the prisoner—I told him I should take him into custody from information I received.
The prisoner, in his defence, on oath, said that he was stopped and asked for a cigarette, when a constable and the prosecutor surprised him, and he was taken to the station; that he had been in constant work at some lead works, but was invalided that day on a certificate: that he had a good character, and that he did not run away.
NOT GUILTY .
MR. JONES Prosecuted.
EMMA SAMS . I am the prisoner's daughter—I live at 11, Urban Place—about 5.30 on September 14th father came into the parlour—mother asked him if he would have some tea—he said, "Yes, before we all die to-night"—Jack, my brother, said, "Do not come here frightening us"—as my brother got up father took hold of his throat; they struggled in the passage, and father took his knife from his pocket and stabbed him—my brother and I took hold of his hand and took this knife (Produced) away—my brother was taken to the hospital—my father was soon arrested—when my brother was getting up father said, "I will soon do for you"—I saw father open the knife—there was a scuffle in the passage—father commenced it.
Cross-examined by the prisoner. You took hold of my brother in the passage—you did not have the knife in the room.
JOHN SAMS . The prisoner is my father—I was in the parlour at 11, Urban Place—on September 14th, about 5.20 or 5.30 p.m., when father came in, I bad just sat down to have my tea—he put his hand on a knife and looked at mother, and said he would settle her—I said, "You will?'—he said, "Yes, you and all"—I jumped up from the chair—he took hold of my throat—I struck him as I jumped up—he fell in the passage—he jumped up and struck me on my shoulder with the handle of this knife—my sister said, "Look out, Jack; he has got his knife out"—I made a dash for him in consequence—he stabbed me in my left side—I was taken to the hospital—I was discharged from there on October 8th.
Cross-examined. You were not eating an apple.
By the COURT. Before he struck me with the handle of the knife he had the knife in his hand, and I felt the thud—I do not think he did it with the intention of doing so much hurt as he did, but through being out of work, having a drop of drink and my provocation—he was a box carpenter
—he has been out of work seven weeks, to my knowledge—he is generally peaceable and not quarrelsome.
JAMES EDWARDS (434 J). In consequence of what I was told I went to 11, Urban Place at about 5.40 on September 14th—the prisoner's wife said that the prisoner had stabbed his son to the heart, and that he had been taken to the hospital by a friend—the prisoner replied, "I did it in self-defence; he struck me very hard; he is a beautiful son; he earns 24s. a week, and gives his mother 5s."—he had been drinking—when charged at the station he made no reply.
JOHN EBOR NOYLE CLARKE . I am House Surgeon at the London Hospital—John Sams was admitted there on September 14th about 6 p.m.—I examined him, and found that he had a wound about 1 1/2 in. long on his left side and below the seventh rib—there were signs of the pericardium having been penetrated—there was great danger of inflammation, and I did not know for some days whether he would live or not—the knife produced is very sharp, and would not require much force to cause the wound—it must have penetrated horizontally, as if the person inflicting it had run straight at him, and not as if he had run against it—if it had penetrated his heart he would have been killed—he is all right now.
The prisoner, in his defence, said that he had been cutting an apple, and had no intention to stab his son.
GUILTY of unlawfully wounding . Recommended to mercy by the JURY.—To enter into recognizances to come up for judgment when called upon.
MR. BROMLEY Prosecuted.
JOHN BARTON . I am a carman, of 8, Alma Road, Stepney Green—on August 29th the prisoner, whom I know, hired a pony, barrow, and a set of harness at 10s. the first week and 5s. afterwards, and he was to pay 10s. the following Monday—on September 10th I made inquiries—I went to his address, and did not find him—on September 28th I saw my pony and barrow at St. Pancras Railway Station, sent up from Nottingham—he had told me he had started doing business round Tottenham with pickles, and he wanted the pony and trap to take pickles round—I had known him three years working in the pickle line.
Cross-examined by the prisoner. I received a paper—I do not know your wife—I cannot read—you only paid me 5s.
FRANK GIRDLER (Detective Sergeant, H). In consequence of what I heard I went to Nottingham on Friday, October 11th, and found the prisoner detained—I told him I was a police officer, and should take him into custody, and back to London, on a warrant, which I read to him—he said, "I tried to sell the lot, because I got into difficulty."
Cross-examined. You did not tell me a man tried to buy it—the pony was in a frightful condition—we sent it to London.
ARTHUR GREGORY . I am a general dealer at Nottingham—on September 26th the prisoner came to me in Coal Pit Lane, Nottingham—he asked me to buy a pony, barrow, and harness—I said, "Are they your own articles?"—he said, "Yes," and jumped on the barrow and drove to the stables, and there I saw the pony, barrow, and harness, and he ran them
up and down, and asked me £9 for them—I offered £6; then he offered them for £7—we drove up the Derby Road, where an officer came and claimed him.
Cross-examined. I sent a friend to bid £7—I did not tell you the pony was not worth 4d.—my horse and van did not follow you up the Derby Road—you had two Jews with you—they did not persuade me to give you £6 10s.—you did not say you did not want to sell it—I was with my own pony and cart when you were arrested—I offered £6 10s. at the finish, and went about my own business.
The prisoner, in his defence on oath, said that he got into difficulties and was in want of money, but did not try to sell the pony, barrow, and harness, though pressed to do so; that he knew nothing about Tottenham, and that by the hiring agreement he was entitled to take them to Nottingham for the sale of his pickles.
NOT GUILTY .
OLD COURT.—Wednesday, October 23rd, 1901.
Before Mr. Justice Bigham.
MR. HUTTON, for the Prosecution, offered no evidence. NOT GUILTY .
WILLIAM HENRY KENDALL . I am the principal clerk in charge of the correspondence at the Chief Commissioner's office at New Scotland Yard—these two letters came addressed to the Chief Commissioner; they were opened and submitted to him, and by his instructions sent to the inspectors of the district whence the complaints emanated.
WILLIAM MOUNTFIELD (Police Inspector, R). On August 14th I received this letter (A), dated August 12 th—I went with it and saw the prisoner—I told him I had received this letter—he said, "Yes"—I said, "You say you have purchased a revolver"—he said, "Yes"—I said, "Have you got a licence?"—he said, "Yes"—I pointed out to him the serious results which might follow if he was found with it in the streets, or attempted to use it—he replied, "I shall only use blank cartridge"—I got this letter (B) of September 2nd—it is in the same writing.
Cross-examined. He seemed morose and quiet—he seemed to be suffering irom impaired health, and was somewhat eccentric—he has a hobby that trams and omnibuses are overloaded, and has written many letters to the police about overloading, in many cases, to my knowledge, without foundation—I know that the police moved some books from his lodgings.
FRANCIS HANKS . I am chief inspector to the North Metropolitan Tramways Company—these letters were forwarded to the secretary of the company in course of time—I am the person named in the letter marked "A"—the prisoner has never personally spoken to me by way of complaint—so far ns I know, his complaints have no substance.
EDWARD NEW (Sergeant, Y). At 5.30p.m. on Saturday, September 7th, I saw the prisoner on top of an omnibus in Seven Sisters Road—I got on to it, and said to the prisoner, "I am a police officer, and hold a warrant for your arrest for threatening to shoot Mr. Hanks"—I got hold of his hands, and Inspector Martin came up and took a revolver from his right hand pocket; he struggled slightly—we took him to Hornsey Road Police-station, where I examined the revolver—it had six chambers, and was fully loaded—I afterwards went to the prisoner's residence, 67, Marlborough Road, and searched his room—I found a box with 44 revolver cartridges in it, which fitted the revolver, two boxes of breech caps, and a box of air-gun shot—the prisoner was charged at Newington Police-station—in answer to the charge he said, "I did not do anything of the kind."
Cross-examined. At his premises I found 20 note-books filled with complaints about the ill-treatment of horses—I had not seen the prisoner before he was arrested.
JAMES SCOTT . I am the Medical Officer at Holloway Prison—the prisoner was received there on September 9th—since then I have had him under special observation—I consider he is now of unsound mind—at the time he wrote the letters I do not think he appreciated the quality of his act, and did not know he was doing wrong—it is from what I have personally seen of him that I form my opinion.
GUILTY, but insane, and not responsible at the time .— To be detained during His Majesty's pleasure.
MR. A. GILL Prosecuted, and MR. PETER GRAIN Defended.
LAVINIA MILLS . I live at 3, Bedfordbury—I have been living with the prisoner—I had a child; it was two years old—on September 5th I went out about 9 p.m.—when I left, the child was in bed, and the prisoner was eating his supper—he was a salesman in Covent Garden—I returned about 11 p.m.—the prisoner was not there then, nor was the child—I have not seen it since—that morning the prisoner's eyes looked very strange—I asked him if he had been drinking—he said he had not—he went and looked at his eyes in the glass—he had been a teetotaler for some months—I never saw him unkind to the child—the day before he had bought a toy for him, and had taken him out without me.
Cross-examined. The prisoner has always been very strange ever since I have known him—he has always been very melancholy—he always imagined he had some complaint—once he bought a razor, saying that he was going to commit suicide—I threw it out of the window—he has always treated the child with great kindness, and has been fond of it—he told me that some men had made a remark to him about his eyes.
TRYPHENA DIMBELBY . I am a widow, and live at 3, Bedfordbury, on the second floor—the prisoner lived on the floor above me—on the evening of September 5th I heard a great noise overhead—it was a kind of hammering—I went up to ask the prisoner what was the matter—I knocked at his door—he said, "What do you want?"—I said, "If this noise continues I shall have to speak to my landlord"—I heard the child cry, and that is why I went up.
LOUISA CHAUVERRE . I am the wife of George Chauverre, a chef, living at 3, Bedfordbury, on the fourth floor, over the prisoner—I heard a noise of hammering on September 5th, about between 9.30 and 9.45 p.m.; I heard a child scream—I heard Mrs. Dimbelby go to the door—the noise continued, and the child cried again—I and my husband went down to the door—my husband knocked, and as the prisoner would not answer, my husband broke the door open and we went in—the child had stopped screaming then, it was lying on an armchair—it had no clothes on, and the prisoner was standing over it stark naked—he seemed to be banging it with his two fists as hard as he could—before we went down I heard him say, "Will you be a good boy now?"—we went for the police—he did not take any notice of us when we went in, but when we came oat he looked at us and shut the doors—I was present when the constable went in—the prisoner had washed up the floor, and had put a dressing gown on—the child was in front of him, and he was looking at it—I did not notice what was on the floor before it was washed; I was too excited.
Cross-examined. He did not take any notice of us when we first went in.
FRANK HAMILTON (247 E). I was summoned to Bedfordbury on September 5th, about 9.45 p.m.—I went into the prisoner's room, he was in his dressing gown, and nothing else—the child was lying on the floor—I asked the prisoner what he had been doing—he said, "I have done it, I have done it; it was my wish it should be done"—I looked round to see if I could see any knife—the child moved, and I bent down to see if it was alive, and the prisoner jumped up and said he was going—we had a struggle—he was very violent—I blew my whistle and got assistance—I took him to the station just as he was.
Cross-examined. He made a lot of rambling statements which I could not follow—he was worse at the station than he was when I arrested him—at the station he was like a madman—he had no control over himself.
JAMES GRAY (411 C). I was summoned to 3, Bedfordbury shortly before 10 p.m. on September 5th—I found a child there and took it to King's College Hospital—it was bleeding from the head and mouth—it appeared to have been washed—it was just moving when I picked it up off the floor—I did not feel it move until I got to the hospital, when it seemed to draw itself up and straighten out again.
ROBERT JAKES . I am House Surgeon at Kings College Hospital—the deceased was brought to me by the last witness about 10 p.m. on September 5th—it was then dead—there was a cut on the scalp; a piece had been cut clean out, about the size of a florin; both sides of the face were very much bruised, part of the nose and upper lip had been torn away, and one of the front teeth knocked out—I made a postmortem examination—the fourth and fifth ribs on the left side were broken, and
the sixth, seventh, and eighth ribs on both sides—there was a good deal of blood in the stomach; the skull was fractured on the left side; there was a small fracture on the right side of the scalp, just under the external injury—there was a good deal of laceration to the front part of the brain—the injury to the scalp was a perfectly clean cut—I cannot say what it was done with.
CHARLES CUTBUSH (Inspector, E). I was present when the prisoner was brought to Bow Street Police-station on the night of September 5th—he was extremely violent; it took five or six policemen to hold him—I charged him with the murder of his child—he said, "I did it for the child's good"—he afterwards said, "I did it; I thought I was doing it for the child's good"—then he remarked, "Me kill my child! I love my baby; wilful murder! you must be mad; I thought the baby had a nerve, so I bit it through the mouth and on the top of the head to do it good."
Cross-examined. In my opinion he was out of his mind when he was brought in.
Cross-examined. I have known the prisoner for some time—he was very excitable and funny in his way—I remember his threatening to commit suicide—once he said that if a doctor was not sent for he was afraid he should do something violent—he always treated the child with great kindness.
JAMES SCOTT . I am Medical Officer at Holloway Prison—I saw the prisoner on the evening of September 6th, and daily since—I think he is of unsound mind—I think he was insane on September 5th, and did not know the nature of his acts.
GUILTY, but insane at the time .— To be detained during His Majesty's pleasure.
MR. DRUMMOND Prosecuted.
NOT GUILTY .
MR. BUTLER Prosecuted.
GEORGE NEVILLE . I live at Croydon Street, and am the prisoner's husband—we have been married 15 years—I am a cabman—on August 22nd I went home about 10.45 a.m.—as my wife had been rather strange, I took to night work that week.—when I got home I found things not as they ought to be—I asked my wife to make the front room bed—I fell asleep on the children's bed in the back room—I woke up and saw my wife standing over me—I felt a warm sensation on my chest—I put my hands up to my neck—I sat up in bed and said, "Good God, Nell! you have stabbed me"—she put her arms round me, and I was off the bed in an instant—I struggled with her—I caught hold of her wrist, as she had a knife in it—I tried to shout for help—we fell into an armchair—I got the knife from her, and made for the door—while we were struggling I shouted out, "You drop the knife, or you will cut yourself"—on the landing there were some people—I said, "For God's sake, go up; I think
my wife has gone mad, and she will kill the child"—my wife could hear that because I shouted it out—I heard someone shout out, "The door is locked"—I heard the door go, then I heard a terrible scream—I went back—I thought the child might be hurt—I saw my wife facing the others, cutting her throat with a carving knife—I did not remember any more till I was in a surgery in Crawford Street—I have attended at St. Mary's Hospital since—my wife had not been in the habit of waking up at night except to take snuff.
PHILLIP HEAD . I am a surgeon, and attended the prosecutor on August 22nd, about 3.30 p.m.—he called at my surgery with a cloth round his neck, which was bleeding—he was suffering from an incised wound on the left side of his neck, about 3/4 in.long and 1/2 in. or 3/4 in. deep, just over the vertebral column—I went to 3, Croydon Street, and found the prisoner on the floor; a towel had been wrapped round her neck by the police, who had shown forethought in doing so—she had a wound about 3in. long in her neck, dividing the air passages, but the large vessels were intact—this knife (Produced) would produce the wound in the prosecutor's throat—the wound in the prisoner's throat was jagged at the edge.
VINCENT NESFIELD . I am House Surgeon at St. Mary's Hospital—the prisoner was admitted there on August 22nd—she had a wound in her throat—she was very nearly dead—she remained in the hospital about a month—she recovered in about a fortnight, but she was very morose, and hardly ever spoke.
MARY ANN WILCOX . I live at 3, Croydon Street—I have known the prisoner and her husband nearly three years—on the afternoon of August 22nd I heard the prosecutor come downstairs—he spoke to me, and I went upstairs—the prisoner's door was closed—I screamed for assistance—my daughter came up—we got the door open, and I saw the prisoner in the room cutting her throat with this knife (Produced)—I took hold of her, and put her on a chair and bandaged her throat—a constable came and took her away.
ROSE KEIGHLY . I am the daughter of the last witness, and live at 3, Croydon Street—I went up after my mother, and opened this door on August 22nd—I saw the prisoner standing with this knife in her throat.
WILLIAM GODFREY (187 D). On August 22nd I heard screams, and went to 3, Croydon Street—I found the prisoner sitting in a chair, bleeding from a wound in her throat, and being attended to by Mrs. Wilcox—I sent for Dr. Head—she was taken to St. Mary's Hospital.
HENRY CANDLER (Police Inspector, D). I went to 3, Croydon Street, and found the prisoner lying in the passage, bleeding from her throat—I obtained a cloth and bound it up—a doctor arrived, and under his instructions I put her into a cab, and took her to St. Mary's Hospital—on the way she straggled violently and tore the bandage from her throat—I caught hold of her throat and held it, and said, "Who done that?"—she said, "I done it myself, but it was all through my husband"—I returned to the house, searched the room, and found this shoemaker's knife on the table in the front room—there was a pool of blood in the room, and also in the bed-room—this carving knife was found and handed to me by the husband—I examined the door of the front room—the key was inside the door, but I
think the door was fastened with a small button higher up—the prisoner made no reply when she was charged.
JAMES SCOTT . I am the Medical Officer at Holloway Prison—I did not see the prisoner till October 1st—I have seen her since till the present time—she has been more or less depressed in mind—there is no actual evidence of delusions, but she has been listless and apathetic—she states that her father died from epileptic fits—I do not think she knew she was doing wrong when she attacked her husband.
GEORGE NEVILL (Re-examined). I know that my wife's sister was taken away by a religious mania—she is back now—she was taken away by the Chelsea authorities three or four years ago—she is 21 now—my wife's brother had a complaint come over him for women—he attacked an aunt—he was taken away for a time—my wife's grandmother died in an asylum—I had not been quarrelling with my wife—we have six children; the eldest is 15—all bar one live at home.
GUILTY, but insane at the time .— To be detained during His Majesty's pleasure.
750. WALLACE HENRY THORPE (18) PLEADED GUILTY to wounding Clara Gosnold, with intent to do her grievous bodily harm; also to attempting to murder himself. He received a good character.— Twelve months in the second division.
MR. SANDS Prosecuted; MR. FULTON Defended.
HARRIETT COVENTRY . I am the wife of Edward Coventry, and am employed as caterer by Messrs. Cassell, the printers and publishers—I have been with them 19 years—this summer Mrs. Emma Young, the prisoner's wife, came into my service as cook—on September 5th I left Cassell's with Mrs. Young about 6 p.m.—we were going through Seacoal Lane, when we met the prisoner—he opened his coat, and said he would do for me or for us; I cannot remember exactly—I had received some letters from him; and in consequence I applied for a warrant, which was granted—on September 10th I was going home again with Mrs. Young down Seacoal Lane about 6 p.m.—the prisoner came over from behind a watchman's box—he said something to his wife, then went like that with a bottle—I ran into a shop, and a policeman took me to the hospital—I was in dreadful pain—the liquid struck me across my eyes, and ran down my face; it burns now.
Cross-examined. The prisoner appeared to be sober—I did not know him—I do not know anything of his family history—his wife always said that he was a very bad man—I have never heard anything against her.
GRORGE COONEY . I live at 3, Bloomsbury Court, and am a watchman in the Strand Electric Light Company—on September 10th I was outside my watch-box watching some works in Seacoal Lane—I saw Mrs. Coventry and Mrs. Young pass me—I heard a feeble scream just afterwards, and saw the females rushing towards Farringdon Street—the prisoner dashed something on the ground, which proved to be a bottle—
he came towards me—I said, "What have you been doing to the females?"—he said, "They are drunk"—I said, "I don't agree that they are drunk; you will have to stop here"—I handed him over to a carman—I went to the place where he had thrown something away; it was about four yards, from my shelter—I found a bottle in pieces—there was no bottle at my box at all.
Cross-examined. It would not be possible for anybody to put anything into my box without my seeing them—there are always people on duty in the daytime.
BERTRAM STURCH (179, City). I was called to Seacoal Lane on September 10th about 6 p.m.—I saw the prisoner being held there by a civilian—I took him into custody, and then went with him to a stationer's shop, where I saw the two women—they stated, in the prisoner's presence, that he had thrown something over them from a bottle, which hurt very much—he replied, "Yes, I hope you have enough now"—I handed him. over to another constable, put the two women into a cab, and took them to St, Bartholomew's Hospital.
CHARLES MOODY (Police Inspector). The prisoner's wife was brought to the station on September 10th, about 8 p.m.—the prisoner was there in custody—I told him he would be charged with throwing some corrosive fluid over two people; he replied, "I thought it was empty," referring to the bottle, "but it does not matter"—he gave me two statements and said, "Read these, and you will see how the matters stand"—"B" read: "I am driven mad, and whatever the result, let Mrs. Coventry have the credit; I expect this will be found on my body, and if Mrs. Coventry is still alive may her beastly conscience, if she has one, sting her to death; I do not want them to have anything except an everlasting remembrance." "A" read: "The Bell, Borough Market. I am afraid of myself. This morning, September 9th, I am consuming the eighth glass before 5 o'clock. Great God! send the end quickly,"—the prisoner said, "I took the bottle from the watchman's box in the lane; I did not know what was in it; I used it to frighten them"—he smelled of drink—I saw some pieces of a bottle—I gave them to the doctor at the hospital—inside the envelope addressed to Mrs. Coventry is written, "Not done yet; bring me to Court as soon as you like, you filthy cow."
Cross-examined. I did not find a letter on the prisoner.
JOHN ALEXANDER NIXON , B.M. I am House Surgeon at St. Bartholomew's Hospital—Mrs. Coventry was brought there on September 10th—she had some burns on the right side of her face round the eye, and it appeared that some corrosive fluid had trickled down her face and burnt it to the chin; her clothes and hands were burnt also—I thought at the time that her eyes were affected; it appears some of the fluid had gone into her eyes, but had been diluted by the tears—there will be a permanent injury, and unless an operation is performed the will lose her sight, as she cannot close her right eye—the bottle contained strong vitriol.
The prisoner, in his defence, on oath, said that he had no recollection of throwing the bottle; that he had been drinking very heavily, and that he could not account for the bottle being in his possession.
GUILTY .— Five Years' Penal Servitude.
FOURTH COURT.—Wednesday, October 23rd, 1901.
Before Mr. Commissioner L. Smith, K.C.
MR. LOUIS Prosecuted.
JOSEPH NATHAN . I am a farmer, of Clarence Farm, Epping—about 1 p.m. on September 24th I was near Brushfield Street, Spitalfields—a man came across the road, snatched at my chain, and ran away—I ran after him, and a woman caught hold of me; I struck her, and she let go—I ran some distance and fell down, and cut my face and leg very badly—I cannot say whether I was tripped up or not; I was insensible when I was picked up—at the station I found my watch in my pocket, but the chain, value £10, and other articles were gone—the man did not strike me—I am positive the prisoners are the persons who stopped me.
Cross-examined by West fall. I had a bag and stick in my hand—I was not under the influence of drink—I saw the woman after you stole my chain; she had hold of my coat—you acknowledged to taking my chain.
ARTHUR HALSEY (354 H). I was on duty at Spitalfields on September 24th, at 1 p.m., and saw Westfall running down the street—a little girl came up to me, and said he bad stolen a gentleman's watch and chain—I caught him and took him to the station—the prosecutor came up, and said that is the man who has taken my watch and chain—on the way to the station he pointed to Summers, who was following, and said she had held his coat, and stopped his going after the man—I arrested her—at the station she said, "Have me; you can get nothing; I am innocent."
Cross-examined by Westfall. You ran 30 or 40 yards before I caught you.
Witness for Summers.
MARGARET HOLLAND . I am an umbrella maker, of 7, Whitecross Place—between 12.30 and 1 p.m. on September 24th I saw Westfall take something from the prosecutor, who ran after him and fell down—I ran after Westfall, shouting "Stop thief!" and saw a constable run after him—I have never seen Summers before.
Cross-examined by MR. LOUIS. I never saw her until I was at the station.
Westhall, in his defence, oh oath, said that he had got into bad company, and got on the drink, and was induced by the company he was in to steal the prosecutor's property, and that the woman had nothing whatever to do with it.
Summers' defence: I can only say I am innocent. I know nothing about it.
SUMMERS— NOT GUILTY; WESTFALL, GUILTY of larceny from the person . He then PLEADED GUILTY to a conviction of misdemeanour at the Thames Police-court on June 2nd, 1900, in the name of George Storms . Other convictions of felony were also proved against him.— Twelve month hard labour.
MR. POYNTER Prosecuted.
WILLIAM CHARLES BURT . I am a waiter—between 8.30 and 9 p.m. on September 11th I went into the Golden Heart, Hanbury Street, Spitalfields, to change 30s. in coppers into silver—I came out counting it, when the four prisoners came quietly behind me and knocked some of it out of my hand, picked it up, and ran away—I gave a description of the men to a constable, and afterwards picked them out from a dozen others at the Police-station.
Cross-examined by Carroll. I lost a sovereign and 7s. in silver—I picked up a half-crown and 6d.—I picked you all out at the Police-station without any difficulty.
Cross-examined by Hopkins. You snatched at the money with your right hand, and looked at me for about two seconds; that is the reason I identified you.
Cross-examined by Johnson. I saw you in a public-house later on, but I did not call the attention of the police, as I did not want to lose sight of you—I subsequently did lose sight of you, and went home.
GEORGE CORNISH (377 H). About midnight on September 11th I saw all the prisoners outside the Bluecoat Boy, Dorset Street, and told them they answered the description of four men wanted for robbing a man in Hanbury Street about 8 or 9 p.m. that evening, and I and 325 H and 321 H arrested them—they were taken to the station and identified by the prosecutor—when charged McCarthy said, "All right, you will have to prove it"—Carroll said, "Very good; I can prove I was somewhere else at the time"—I found nothing on McCarthy, and 6d. silver and 3 1/2 d. bronze on Carroll.
Cross-examined by Carroll. I was on point duty at Dorset Street, not far from Hanbury Street, when I first heard of the robbery.
The prisoners' statements before the Magistrate: McCarthy says: "Between 7.15 and 9.30 p.m. I was in Lockhart's Coffee Tavern, Commercial Street, and did not come out between those times." Carroll says: "I wish to say the same thing." Hopkins says: "I say the same. After leaving Lockhart's we all went together to the Sailors' Home, Well Street, and returned about 10 o'clock, and after that we strolled about the neighbourhood together, and were just going to separate when we were arrested." Johnson says: "I was at home with my young woman till about 9 p.m. I had arranged to meet my mates at Lockhart's, and went there, and had some coffee; then we went to the Sailors' Home, Well Street, and after we left there we were arrested."
McCarthy, in his defence, stated, on oath, that at 7.30 p.m. on Septemher 11th he was coming from work, and going through Commercial Street, he met Hopkins, Carroll and Johnson, and they all went to Lockhart's, where
they remained till 9.15 p.m., and then walked about till 12 p m., when they were arrested; and that it was impossible for the prosecutor to have been robbed at the time stated, as Hanbury Street was one of the busiest thoroughfares at the time mentioned.
Hopkins, in his defence, stated, on oath, that they all went into Lockhart's about 7.30 p.m., and remained till 9.15 p.m.
Witnesses for the Defence.
Cross-examined by MR. POYNTER. They all came in together.
Cross-examined by MR. POYNTER. I know them all by sight.
GUILTY .—They then PLEADED GUILTY to previous convictions; McCarthy at Clerkenwell on August 8th, 1900; Carroll at Worship Street on August 22nd, 1901; Hopkins at Clerkenwell on June 7th, 1898; and Johnson at Worship Street on April 2nd, 1900. McCARTHY, HOPKINS and JOHNSON— Twelve months' hard labour each; CARROLL— Six months' hard labour.
MR. TORR Prosecuted.
NOT GUILTY .
JAMES SURREY DANE . I am cashier to Samuel Herbert Benson, of 1, Tudor Street, advertising agents—we had to pay Mr. Smith, of Manchester, £9—I drew the cheque produced for £9—Mr. Benson signed it on July 11th—the prisoner was the ledger clerk—it was his duty to enter it in the ledger—Mr. Smith subsequently applied for payment—it should have been posted—on July 24th I drew a cheque for Mr. Bucknall, of Liverpool, for £6—I produce the counterfoil No. 46511—the prisoner was on duty on July 29th and 31st—he could have from one to two for lunch, probably more—about that time he wanted to go to Liverpool Street, and on July 31st he wanted an hour more—on August 1st this statement of account (Produced) came—Mr. Bucknail applied again—the cheque is missing—returned cheques are kept in a drawer.
Cross-examined by the prisoner. You left early on July 29th and August 31st—you have been two years in your department—you had to do with about 400 cheques a week—the cheques must be traced—there was an accident on Saturday, July 20th—you had bandages and plaster for three or four days and an eye shade.
£2 10s. for a ring (Produced)—on July 15th we received the amount of the cheque from the bank—the same person came back and received the ring and the balance, £6 10s.—the photograph produced is that of the man who bought the ring.
GRACE TYLER . I am barmaid at the Duke of Devonshire, High Road, Balham—I know the prisoner and William Jefferson, his cousin—I received this ring from Buckenham, I believe, on Wednesday, July 24th—this is a photograph of William Jefferson.
Cross-examined. You were short of money on July 24th, and I lent you some—you had no change—your face was marked for a week.
HAROLD HERBERT BRUSSEY . I am assistant to Mr. Edward Brussey, jeweller, of 326, High Street, Stratford—on July 29th the prisoner came between twelve and one in the day, and bought a watch for £2 5s.—he handed me this cheque for £6—I gave him a ticket for it, and told him to call for it and the change—I asked his name, and he pointed to the name "Bucknall" on the cheque—he called on Wednesday, July 31st, and was handed the balance and the watch—in September I picked him out at Bridewell Police-station—I had seen groups of Benson's cricket team.
Cross-examined. About fifty people came into the shop per day—before identifying you I had seen the photo—on July 29th there was nothing on your face which, is not there now.
MR. BRUSSEY, SENR . I am the father of Harold Herbert Brussey—on July 29th this cheque was brought to me—I saw the prisoner—I saw him again at the Mansion House in Court—I identified him as soon as he appeared.
Cross-examined. It was between a quarter and half-past one, and after my son had identified him.
Cross-examined. You and I lunched together more or less—on July 31st I was taking photos, and did not go to lunch—you lent me 10s.—on July 21st you had a knock on your face—I recognise Jefferson in the photos—the only time he called at the office was on August 30th, about 2 p.m—he had a cricket-ball scar on his face three or four days—on July 29th it was noticeable.
J. B. HENRY. I am a commissionaire employed at Benson's—I see this photo—I never admitted anyone to see the prisoner during working hours—no one can get by—I do not remember Jefferson coming.
Cross-examined. Office hours are 9.15 to 5—I stay till 5.30.
September 20th, I made inquiries at Balham—I received the ring, some letters, and a photograph from Miss Tyler.
WILLIAM MATTHEWS (City Detective Sergeant). On September 19th I saw the prisoner at Benson's—I told him I was a police officer, and that he answered the description of a man who cashed a cheque at a jeweller's in Stratford, and asked him if he would stand with other men for identification—he said that he would—he went with me to Bridewell Police-station, where he stood with six men, and Bressey picked him out—in the cell he said, "I can explain about that, but I will not do so now"—on October 15th he asked to have Jefferson and Cooper produced—he said that he bought the ring of Cooper, and said, "Is it not possible my brother-in-law could have stolen them while I was washing my hands?"
The prisoner's statement before the Magistrate: "I was at business as usual on both the days that I was supposed to have been at Stratford. I went to lunch as usual. I have never been in the neighbourhood of Stratford during the lunch hour; I have never seen the witness who identifies me before. I have never bought or owned a lady's gold keyless watch. I have never been in the witness's shop, and, in fact, do not know exactly where it is. On Tuesday, July 30th, I was in a financial bad way, and I went to see my brother-in-law in the evening to borrow some money till Saturday; he had none then, but he let me have 1s. to pay my morning fare, promised to send me on some before dinner time next day. Next morning (July 31st), as it did not arrive by 12 o'clock, Mr. Gregory, who also had no money, and I, discussed how to get lunch, and he borrowed some somewhere; we then went to lunch together, came back early, when a telegraphic money order for £1 came for me about 1.45 p.m. I at once borrowed 10s. on it from Mr. Lochler, our petty cashier, and lent that to Mr. Gregory, and then went to the Fleet Street office, cashed the order and repaid Mr. Lochler the 10s." And on another date: "I wish to say that I quite acknowledge giving that ring to Miss Tyler. I think I can produce the person from whom I bought it. I wish further to say that this throws some light to me upon the previous charge against me, and I should like to ask for a remand, with power to communicate with the police to have the person from whom I obtained that ring brought here to say, if the same ring, how he obtained possession of that cheque."
The prisoner, in his defence, on oath, said that he bought the ring of Cooper for 30s.; that when he knew Bucknall's cheque was traced and cashed in Stratford, he attended as usual at the office; that when he was identified on July 21st his eye was black from an accident, and the plaister not removed from his face till July 31st, when he received a remittance from Jefferson, but otherwise was in monetary difficulties, and had no money for lunch; that Jefferson often came during working hours, and must have taken the cheques.
Evidence for the Defence.
LETTY DENT . I have been living with you at Leyton since July 1st—your wife wrote to Jefferson—he came and stayed from 3 to 7 p.m.—I have not seen him since—Sunday, July 21st, was my birthday—on July 28th the prisoner was wearing plaister—on the 29th it was still on.
SAMUEL MORRIS . I live at Stroud Green—I am a printer in Shoe Lane—I called once; I cannot tell when—the prisoner wanted money for a day off—I lent him 10s.—I have done so before sometimes, and he paid me back.
GUILTY .—He then PLEADED GUILTY to a conviction of felony at Bow Street, on December 20th, 1894, in the name of George Johnson.— Eighteen months' hard labour.
OLD COURT. Friday, October 25th, 1901.
Before Mr. Justice Bigham.
MR. MUIR, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. BEARD Prosecuted, and MR PURCELL Defended.
ELSIE BEAUMONT . I live at 32, Vauxhall Road, Lambeth—on Sunday, September 29th, about 7 p.m, I was with my uncle, the deceased, by Vauxhall Cross, waiting for a tram car to go in the direction of Wands-worth—the tram came up and was standing still in the road; we were close to it—a short distance behind the tram there is a public lavatory—my uncle went towards the hind part of the tram on the left side—I was just going to put my foot on to the step of the tram—my uncle was standing sideways—I saw a two-wheeled cart coming towards us in the same direction as the tram was pointing; it was going fast; it knocked my uncle down; it caught his right shoulder; it nearly hit me—my uncle fell down straight along by the tram—the man who was driving did not pull up but whipped the horse and drove on quicker than he had been driving before—I ran after the trap—I left my uncle in the road—I called out to the man to stop, then I went back to my uncle—he was taken to St. Thomas's Hospital—he died on the following Tuesday morning at 12.15.
Cross-examined. We were there before the tram came up—I did not notice a lady trying to get into the tram—I saw the trap before it reached us—I did not think it would come so close as it did—I had not got hold of the rail of the tram—when I looked to see where the trap was after my uncle was knocked down it was more than the length of the tram away; it had passed the tram horses—I am quite sure the man whipped the horse—I saw a woman in the cart—I did not see that she had a baby in her arms, or that there was a little girl in the cart, and a boy kneeling in the front—the man was holding the whip above his shoulder—when the trap came back I did not notice that the whip was in the socket, with the strings of a straw basket round it—I do not know that my uncle had a bruise on his right hip—he had his head towards the tram horses when he was knocked down—I should have noticed him step back if he had done so before he was knocked down; he did not step back.
Re-examined. When I first saw the trap it was about the length of this Court away, or a little more.
By the COURT. I was not carrying anything—my uncle had my umbrella—he had carried it right from home—he was not helping me to the tram from behind.
JOHN JOSEPH LAMBETH . I am a tram driver, of No. 5 Block, Victoria Buildings, Battersea Park—on Sunday, September 29th, about 7 p.m., I was in charge of the tramcar by Vauxhall Cross, going in the direction of Wandsworth—my attention was attracted by a trap coming along—on looking round the near side of my car I saw it was driven by the prisoner—I saw the off-wheel of the cart knock down the deceased—I thought it was going about 10 miles an hour—I called out for the prisoner to stop; he drove rapidly away—I jumped off my tram into the road, and blew my whistle—I did not see the prisoner stopped—I saw there was a woman and a child in the trap.
Cross-examined. Other people called to the prisoner to stop as well—the horse was obviously going faster after the accident than before—I did not notice the trap swerve to the near side at the moment of the accident—I did not notice the prisoner put out his hand to catch a little boy who was kneeling in front of the splashboard—the woman had a baby in her arms—I did not see a girl in the cart—I did not notice any lady trying to get into the tram besides Miss Beaumont—other people were round the tram.
ALFRED SCOBELL . I live at 41, Huntsmore Road, East Hill, Wands-worth, and am a tram conductor—I was on my car about 7 p.m. on September 29th in Wandsworth Road, and about 300 yards from Vauxball Cross—I heard a police whistle, and saw a trap and horse coming towards me—I afterwards found that it was driven by the prisoner—it was going about 10 or 12 miles an hour—I ran towards him and put my hands up—he did not stop, and as he passed me I put my left hand on the shaft and caught the reins with my right hand—the cart was coming away from the tram where the deceased was knocked down—when I got hold of the reins the horse answered readily to me—the prisoner was not using the whip; I did not notice where it was—he did not appear to be pulling up.
Cross-examined. There was a good deal of noise, shouting, and whistles, blowing.
CHARLES HASEMAN (WR 41). About 7 p.m. on September 29th I was at Vauxhall Cross—I heard shouts of "Stop him!"—I saw the prisoner driving away in a horse and cart at a very fast pace towards Nine Elms Lane—I blew my whistle and went after him—he was stopped by the last witness—I told him I should take him into custody for furious driving—he was taken to the station and charged with furious driving, and doing grievous bodily harm—he said, "I was not furiously driving; the man backed away from the tram; a lot of people got off, and I knocked him down."
Cross-examined. Before the Magistrate I said "that the prisoner was not driving furiously; the man stepped back to allow some people to get off the car, when I knocked him down"—when I got up to the trap the prisoner's wife and children were still in it, the whip was still in the socket—I did not notice a bag with some mushrooms and blackberries in it round the
whip—the trap was taken to the station by another constable; it belongs to the prisoner's brother.
ROBERT HAMILTON (Police Inspector). I visited the prisoner in the cells at the station—he said he had a statement to make—I cautioned him that it might be used in evidence against him—I took down what he said, and he signed it—(Read) "I was driving past the tramway terminus at Vauxhall. I saw a man stepping back as I was close to him; my off side-wheel caught him and knocked him down; my wife and children were in the cart screaming, which caused the horse to bolt; I did not use the whip"
Cross-examined. He did not say that in order to avoid the accident he pulled his near-side rein sharply, or that the horse swerved a bit, or that the boy who was kneeling in front fell forwards, or that he seized him—he said a basket of blackberries was hanging on his whip.
Re-examined. I did not see a basket.
WILLIAM HENRY WOODS . I was the House Surgeon at St. Thomas's Hospital—on Sunday evening, September 29th, the deceased was brought in absolutely unconscious—he had a fracture at the base of his skull—he was also suffering from concussion—that could have been caused by being knocked backwards—I did not find any other bruise on him—he died at 12.15 on Tuesday.
Cross-examined. Before the Coroner I said, "Beyond a bruise on the hip there was no other injury"—that was a mistake on my part—it should be "Post-mortem bruise"—after death the blood settles down into the small veins, and causes that which is called bruising—"Post-mortem staining" would be better—I do not say that it the deceased was struck by the wheel he must have been struck on the head—I do not know where he was hit—there was no trace of a blow on his body—there was a distinct mark on his right hip—I should say it was not caused before death.
NOT GUILTY .
MR. SYMONDS Prosecuted.
NOT GUILTY .
NEW COURT.—Wednesday, October 23rd; Friday, October 26th Monday, October 28th; and Tuesday, October 29th, 1901.
Before Mr. Recorder.
761. WILLIAM HENRY NEWTON (36) PLEADED GUILTY to stealing 41 pieces of silk, the property of the London and North-Western Railway Company; also to stealing two boxes of ties, the property of Thomas Morton; also to stealing 58 ties, the property of Walter Milnes, having been convicted in the name of Henry White on May 1st, 1893. Two other convictions were proved against him. (See Sessions Papers, Vol. CXVIII, p. 734.) Eight years' penal servitude. And
762. VALENTINE HENRY COOMBES (30) to unlawfully incurring a debt and liability for £1,293 19s. 9d., and other sums, by false pretences. He He received a good character. Discharged on recognizances. [Pleaded guilty: See original trial image.]
763. VICTOR THEOPHILE HANTKE (44), WALTER GEORGE PINDAR (44), BURRELL CLEVELAND FULLER (42), WILLIAM PAYNTER BARTON BROWNE (46), and THOMAS DAVIES (59) , Conspiring together to obtain money and deposits by certain advertisements, with intent to defraud, to which DAVIES PLEADED GUILTY .
MR. MUIR and MR. BODKIN Prosecuted; MR. MOYSES and MR. CAIRNS
appeared for Pindar and Hantke, MR. E. P. CLARKE for Fuller, and
MR. SYMONDS for Browne.
GEORGE INGLIS BOYLE . I am a messenger in the Banktuptcy Court—I produce the file in the bankruptcy of William Paynter Barton Browne—the adjudication was on September 28th, 1887—the liabilities are £1,887 12s. and the assets £285 18s. 10d.; deficiency, £1,601 15s. 10d.—there was no dividend and no discharge—another bankruptcy was filed on February 18th, 1896—liabilities, £769 5s. 2d.; assets, £37 7s. 1d.; deficiency, £771 13s. 7d.; no dividend and no discharge—the bankruptcy of James Marshall, or Fuller, 110, Fenchurch Street, grocer, was on December 20th, 1897; liabilities, £3,067 0s. 3d; assets, £2,396 3s. 7d; deficiency, £1, 210 16s. 8d.; no dividend and undischarged—he signed the name of Fuller—I also produce the file in the bankruptcy of Walter George Pindar, or Lawford and Lawrence, on January 29th, 1901, the London Incorporated Cab Company; liabilities, £58,856 15s. 11d.; assets, £1, 116 9s. 8d.; deficiency, £40,750 6s. 3d.—it was filed on November 29th, 1900—the creditor was H. R. Harberton, trading as H. R. Harberton & Co.
Cross-examined by MR. MOYSES. The bankruptcy of Pindar was the bankruptcy of the cab company.
Cross-examined by MR. SYMONDS. Browne's assets were £37; the bad debts are £432 4s. 7d.; doubtful, none.
HENRY FRANCIS MAJOR . I am independent, and live at 93, Sutherland Road, Watford—in June, 1899, I saw an advertisement in the Daily Telegraph, and went to 44, Bloomsbury Street, and saw Lyons and Hardinge (Fuller)—Hardinge was the secretary—I asked him how many horses he had—he said 200 horses and 100 cabs—he assured me that everything was correct, and offered me an order to go round the premises—he produced a bundle of deposit notes, one from a captain, who had deposited £400, and taken it out and deposited £600—on June 6th I went again and saw Hardinge, and said that I would invest £500—he suggested that if I left it subject to three months' notice it would be 16 1/2 percent.—I paid him a £500 note, and got this receipt, signed "B. T. Lawrence," and this deposit note, signed "R.S. Hardinge, Secretary"—I put it in subject to 20 days' withdrawal—I agreed that the interest was to be paid monthly, but the document says weekly—Igot this circular, stating "Our trading for the past six months has been of a very lucrative character"—on July 10th I sent a further £200 in a registered letter, and got this receipt and deposit note, signed by Lawrence and Hardinge respectively, and a letter—in August I went again to Bloomsbury Street, and took another £100 belonging to Miss Straker—I paid it to Hardinge in 19 £5 notes and £5 in gold, and got this deposit note (Produced)—Hardinge said that trade was somewhat quiet at the present time, but he had sold 10 horses to the London General Omnibus Company at £20 each—I received this paper in September—(Enclosing the balance-sheet.)—I believed that the assets were
£4,495 more than the liabilities, and that the amount for which they were liable to depositors was £12,000—in January I got this circular referring to an approaching audit—(This mentioned frequent sales of horses to the War Office.)—on January 5th I got this circular—(Stating that the dealings with the War Office had opened up business, and offering 22s. 6d. per annum for deposits.)—I then determined to deposit another £200, went to the office, and saw Hardinge, who said that the business was in a flourishing condition, that everything was insured, and that they were buying horses at £22 and £23, and selling them at £45—I paid £200 on January 10th, and got this receipt—about January 23rd I got this balance-sheet and letter, stating "We beg to send you a copy of our balance-sheet, showing a surplus of £7,700 over our liabilities"; I believed that—about March 15th I got this letter, giving notice that the rate of interest will be reduced, except as to subscribers, before the end of the month—in June, 1900, I got Exhibit 23, "A word of warning to our depositors against dealing with property of mushroom growth"—I then received this: "July 14th, 1900. In consequence of the death of one of our old depositors, the executors of his estate have applied to us for the amount, and we give you the opportunity of increasing your investments"—I also got this in July; it is signed "T. S. Huntingdon," and is an attack on the London Cab Co-operative Society, also this letter signed "Browne," 44, Bedford Row—(Stating that Mr. Brinkworth had called upon them and threatened proceedings, and that it was an attempt to blackmail.)—on August 3rd I gave this notice (Produced) of the withdrawal of £900—I also gave a similar notice for Miss Straker for the withdrawal of her £100—I got a communication promising me a cheque in due course, and on October 10th I got a cheque for £3 15s. 10d. for interest; I paid that in and it was dishonoured—I had given three months' notice, which had not then elapsed—on October 28th I got this long letter—(Stating that they had resolved to form their business into a limited company, to insure confidence in the trade.)—I read it all through, and replied, stating that I had no desire to enter into other arrangements, but wanted my money back—about that date I went to Rutland Yard, and saw Pindar, but he did not speak to me; he slipped out of the way—I went into the office, and saw a man, who I found out was Brinkworth, managing the business—I made another appointment, and called and saw Pindar and Hantke—Pindar assured me that every thing was right, and that everybody would be paid eventually, but that they were a little pressed at the time, and I went upstairs, and saw the books—on November 12th I went and saw Lawrence, and asked him if he would settle with me—he said that they had no money, and could not settle—I asked him to give us some security—he offered me some bonds in the new company which I did not accept—I received some circulars about a grocery and provision shop in the name of Lascelles—I mentioned it to Lawrence; he said that Hardinge had sold the name—next day, the 12th, I got this letter—(Stating that it was understood that the company was to give him three months' notice.)—it was not true that I had agreed, and I wrote and repudiated it—I once asked Lawford how it was that they did not issue a balance-sheet for six months; he said that they could not do it—my solicitor began an action for £1,000, my £900 and Miss Straker's £100, and got judgment for £1,060 with interest, which
was met by a prior execution—I never got anything—the next thing was a circular signed "Lawford and Lawrence" calling the creditors together and admitting insolvency—I attended a meeting of the creditors—I have got no dividend nor any part of my money back.
Cross-examined by MR. MOYSES. I am not prepared to say that the company did not own 200 cabs and other vehicles; that was the only representation made—I received deposit notes—I asked if it was honest and sound, and they said "Yes"—Hardinge said that they were buying horses at £23 and £25, and selling them to the War Office at £45 each—I have learned since that they never did buy a horse—I do not know that they bought thousands of pounds' worth of horses—I was going to give notice before the newspapers took it up—I did not think much of it after I received a letter cautioning me about the company—they told me that Mr. Huntingdon was the founder of the business.
Cross-examined by MR. CLARKE. I went to 4, Bloomsbury Street, and asked Hardinge how many cabs and horses there were—he offered me an order to go round and view the stock, so that I could have verified his statements—I last saw him in connection with the company on January 7th, 1900.
Cross-examined by MR. SYMONS. I went all over Rutland Yard—I saw the office at 4, Bloombury Street—there were 35 horses and about 33 cabs there.
G. I. BOYLE (Re-examined). There was a private examination—this is it—(In this Fuller stated that he was only an employee at £4 a week, and had no interest or shares in the company.)—the prisoner Browne appeared for him.
By MR. BODKIN. That was the bankruptcy of Marshall & Co.; it had nothing to do with the bankruptcy of this company.
EMILY ALICE BROADBENT . I am single, and live at Newport Pagnel—about Christmas, 1899, I saw this advertisement in the Daily Mail: "Before investing elsewhere, apply to the Secretary of the London Cab Company"—I wrote, and got this prospectus: "Absolute safe investment; liability strictly limited; and, in the opinion of eminent Counsel, anybody making a deposit incurs no further liability beyond the amount of that original deposit. Secretary, R. F. Hardinge; Solicitors, Brown and Company, Bedford Row"—I then got this letter: "As requested, we beg to forward you particulars of our investment. * * * * Our books are duly examined every half-year by Messrs. Watkins, chartered accountants of New Broad Street * * * * and we enclose a copy of our balance-sheet to December 31st * * * * showing a surplus of £7,797 4s. 4d. above the liabilities.—Pro London Cab Co-operative Company, A. L. LAWFORD"—I believed that the balance-sheet enclosed was true and accurate, and sent £50 in bank-notes, and got this receipt, signed "Lawrence, Cashier," and this deposit-note, signed "Hardinge"—it stated that the deposit would be reduced, but not to those who deposited before the end of the month—I then got a printed form, in view of an audit—on November 26th, 1900, I sent another £50 by this cheque (Produced), for which I got this letter and receipt signed "Lawford & Lawrence, November 28th"—I acknowledged them the next day—I believed the statements in the prospectus and balance-sheet—when I paid
the last £50 I had no idea that they were within 24 hours of bankruptcy.
Cross-examined by MR. MOYSES. I relied on the figures in the balance-sheet—I did not know that a great many depositors had withdrawn—I had received interest before.
Cross-examined by MR. SYMONS. I did not see that gentleman in connection with this.
RACHAEL HARMER . I am a widow, of 39, Holland Road, Brixton—in May, 1898, my husband showed me an advertisement in the Daily Telegraph referring to a cab company, and I went to the office in Bloomsbury Street, and saw Hardinge—I asked him about the cab company; he gave me a reference to Mr. Browne, a solicitor, of Bedford Row—I asked Evans's address, but he did not give it me till the end of the week—I went to Browne, and asked him to give ma the particulars, and to tell me the truth, as my husband was anxious to invest what he had, for the benefit of myself and children; he assured me that it was all right—I believed that, coming from a solicitor—I then saw Hardinge, and deposited £400—the interest was payable weekly—in September I saw something in the Star newspaper, and gave notice to withdraw the £400—about January, 1899, Hardinge called at my house—I said I was very much surprised to see him; he asked to see my husband, who said, "Let him come up"—he went up, and they had a conversation—he said that the company had an agreement to bring out a certain number of Taximeter cabs of the best quality, and asked if we would invest; again in the company, and said that we were not to believe anything which appeared in the Star—my husband died nine days after that—Hardinge said that we had a thoroughly safe investment, and had nothing to fear, and he would look after me and my children's interest in the company—I believed his statements, and on February 1st deposited £550 with the company—we had promised £600—this deposit note is signed, "Hardinge, Secretary," and the receipt, "Lawrence, Cashier"—I went to 4, Bloomsbury Street, to get that—on the day after my husband's death I went to see Fuller, and paid him the other £50—these are the deposit note and receipt—in August, 1899, I went again to Bloomsbury Street and saw Hardinge—I was receiving 26 percent, interest, and I asked him if he would take another £100 at the same rate—he said he would let me know—I afterwards went again and took £200, and gave it to Hardinge—these are the receipt and deposit notes—on September 8th I received a letter signed "Hardinge," saying that the interest on investments made before February would not be affected—in December, 1899, I received a visit from Fuller—I had not asked him, but he had sent me a telegram saying that he was coming—he said that he had been doing a good business with the War Office, and asked if I had any more money to invest—I said that I had only £100 or £150 left—he said that the company was splendid, and was flourishing—I believed him, and made a further deposit of £150—this, is the receipt and the deposit note—in March, 1900, I had another visit from Fuller, who said that he had left the company in January—he did not say why they fell out, but called, as he had promised to look after me—he advised me to withdraw my money, as they were misappropriating depositors' money, and he could not stand by and see it, and that 26 per cent, was nothing, considering
the profits they made out of the war—he said that he had another investment for the money I was to draw out, but it would not pay so well—I said that I would think it over, and I received a note or telegram saying, "Take no further notice till you see me again"—I next saw him at Marlborough Street—at the end of the same year I went to Rutland Yard—in consequence of something I saw in the Morning Leader I saw Lawrence, and told him so, and that I was going away the next day—they told me I might go away with confidence—about October I went there again with my stepson, and saw Lawrence—Hantke said that they had formed a limited company; that in consequence of what was in the papers they were unable to obtain credit, and they asked me to take shares in it to the amount of my deposit—I said that I would think it over and let them know—they gave me a certain time, and I gave notice to withdraw the£500—I never got it—I stand to lose £950—I got interest up to January.
Cross-examined by MR. MOYSES. I was rather surprised at the interest; people told e that it was so large.
By the COURT. I had a year and a-half's interest, which I invested again—I am perfectly sure Hantke was there; every time I went there I saw them—I saw them before I parted with my money—my stepson had £50 deposited in my name.
Cross-examined by MR. CLARKE. Hardinge was in the office alone as secretary; he did not make a communication to anybody who appeared to be his superior—the receipt had to be signed by "Lawrence"; it was not brought ready signed—I did not inquire why Hardinge had left, but my stepson did—they said that Mr. Hardinge was too lazy; he wanted all the money, and to do no work—they did not say why they had dismissed him, but they said that it was no use keeping him on; he had left then.
Cross-examined by MR. SYMONS. Mr. Browne was a stranger to me, but I found out that he was the solicitor to the company after I went to him, and when I invested my money—I got back every penny of my money and 26 percent. interest—I did not see Mr. Browne before I invested my money again—Stanley Evans really was the company; I told him I wanted particulars of the company—I did not inquire how much money he had got in the company—he said that it was a thoroughly sound concern; my husband was alive then, and the risk lay with him—when I re-invested it I thought I was going to get 26 per cent., and no risk at all, because the profit was so large.
By MR. MOYSES. I cannot remember seeing any prospectus—I acted the second time entirely on what I was told at my house—I know that Fuller and Hantke knew about it.
Re-examined. In making my deposit after I had been paid my £400, of course, I relied on the references.
ANNIE FRANCES WEYMOUTH . I am a widow—Dane Lodge, Southampton, was my late address—I saw an advertisement in the Standard of January, 1898, and wrote to Mr. Davies at the office of the London Co-operative Cab Company, 4, Bloomsbury—this is my letter—(Making inquiries about the company, and asking whether she could withdraw her money at seven days' notice.)—Davies replied and said that he was one of the largest investors—I believed that, and sent a cheque for £150 to the company—(This was endorsed "London Co-operative Cab Company, B. T.
Lawrence, Cashier.")—on February 1st I got a receipt and deposit note for that amount—I then received this, headed "Copy of auditor's certificate," and enclosing the balance sheet of the company, showing assets exceeding liabilities to that date—I believed that that contained a true statement of the affairs of the company; I got a balance-sheet with it—I then received this letter of November 16th, 1900—(Enclosing a memorandum of association and a list of the company's horses and cabs at Rutland Yard, signed "Lawford and Lawrence.")—I heard that they stopped payment—I never got any portion of my money back.
Cross-examined. I wrote the first letter in 1898, but did not send any money till 18 months afterwards—I acted on the advertisement—I do not produce it—I do not complain of anything that was in the advertisement.
FREDERICK WILLIAM GILES . I live at 9, Arkwrigbt Road, Hampstead—in the autumn of 1899, in consequence of an advertisement, I communicated with Bloomsbury Street, and got a prospectus stating that the capital was £20,000, not £50,000—I sect a cheque for £500; this is the receipt and deposit note—in October, 1899, I deposited a further sum of £3,000, and got these deposit notes for £1,000 each—at the end of 1899 I got this balance-sheet with the balance of assets over liabilities £75,000; I believed that that was true, and in February, 1900, I deposited a further £500, and received this deposit note—in the autumn of 1899 I called at Goldsmith Street, and saw Hardinge; he said that it was a very good business, and showed me a power of attorney from Stanley Evans, but did not say who he was—in March, 1898, I asked for £1,200 on a deposit note which ought to have been paid on May 22nd, and got this letter—(Stating that they had sold horses to the value of £14,000, and had difficulty in getting the money from the Government, and that directly it arrived the witness should he paid; and a postscript stated: "We are looking forward to a much improved balance-sheet to that of December last.')—I wrote again, and got this letter signed "Lawford:" "We are raising a mortgage on Rutland Yard, and expect to receive the amount to-morrow, and will send a cheque"—I never got any of my money back—I had deposited £6,200—I consulted Mr. Jennings, my solicitor.
Cross-examined by MR. MOYSES. It was the prospectus which induced me to part with my money; I never saw Mr. Lawford or any one of the Board of Directors—I am not one of the board—my solicitor helped to form the company—Mr. Stanworth is my nominee on the board—they told me that horses were sold to the War Office—there is now a genuine business going on with the War Office—we employ the same manager that the cab company employed.
Cross-examined by MR. CLARKE. I first saw Hardinge in the autumn of 1899—that was, I think, before I invested my money—he offered to show me the yard and the stock, and I saw Rutland Yard, and was satisfied.
ELEANOR WEAVER . I am married—I saw an advertisement in the Daily Mail—my husband replied to it in May, and got a prospectus and balance-sheet signed by an accountant—I believed it was true, and my husband sent £200, a cheque for £150, and bank notes for the remainder—I got a receipt and deposit note—I was promised 164 per cent interest—I received this letter, dated November 7th, 1900—(inclosing a cheque
the profits they made out of the war—he said that he had another investment for the money I was to draw out, but it would not pay so well—I said that I would think it over, and I received a note or telegram saying. "Take no further notice till you see me again"—I next saw him at Marlborough Street—at the end of the same year I went to Rutland Yard—in consequence of something I saw in the Morning Leader I saw Lawrence, and told him so, and that I was going away the next day—they told me I might go away with confidence—about October I went there again with my stepson, and saw Lawrence—Hantke said that they had formed a limited company; that in consequence of what was in the papers they were unable to obtain credit, and they asked me to take shares in it to the amount of my deposit—I said that I would think it over and let them know—they gave me a certain time, and I gave notice to withdraw the £500—I never got it—I stand to lose £950—I got interest up to January.
Cross-examined by MR. MOYSES. I was rather surprised at the interest; people told me that it was so large.
By the COURT. I had a year and a-half's interest, which I invested again—I am perfectly sure Hantke was there; every time I went there I saw them—I saw them before I parted with my money—my stepson had £50 deposited in my name.
Cross-examined by MR. CLARKE. Hardinge was in the office alone as secretary; he did not make a communication to anybody who appeared to be his superior—the receipt had to be signed by "Lawrence"; it was not brought ready signed—I did not inquire why Hardinge had left, but my stepson did—they said that Mr. Hardinge was too lazy; he wanted all the money, and to do no work—they did not say why they had dismissed him, but they said that it was no use keeping him on; he had left then.
Cross-examined by MR. SYMONS. Mr. Browne was a stranger to me, but I found out that he was the solicitor to the company after I went to him, and when I invested my money—I got back every penny of my money and 26 per cent. interest—I did not see Mr. Browne before I invested my money again—Stanley Evans really was the company; I told him I wanted particulars of the company—I did not inquire how much money he had got in the company—he said that it was a thoroughly sound concern; my husband was alive then, and the risk lay with him—when I re-invested it I thought I was going to get 26 per cent., and no risk at all, because the profit was so large.
By MR. MOYSES. I cannot remember seeing any prospectus—I acted the second time entirely on what I was told at my house—I know that Fuller and Hantke knew about it.
Re-examined. In making my deposit after I had been paid my £400, of course, I relied on the references.
ANNIE FRANCES WEYMOUTH . I am a widow—Dane Lodge, Southampton, was my late address—I saw an advertisement in the Standard of January, 1898, and wrote to Mr. Davies at the office of the London Co-operative Cab Company, 4, Bloomsbury—this is my letter—(Making inquiries about the company, and asking whether she could withdraw her money at seven days' notice.)—Davies replied and said that he was one of the largest investors—I believed that, and sent a cheque for £150 to the company—(This was endorsed "London Co-operative Cab Company, B. T.
Lawrence, Cashier")—on February 1st I got a receipt and deposit note for that amount—I then received this, headed "Copy of auditor's certificate," and enclosing the balance sheet of the company, showing assets exceeding liabilities to that date—I believed that that contained a true statement of the affairs of the company; I got a balance-sheet with it—I then received this letter of November 16th, 1900—(Enclosing a memorandum of association and a list of the company's horses and cabs at Rutland Yard, signed "Lawford and Lawrence.")—I heard that they stopped payment—I never got any portion of my money back.
Cross-examined. I wrote the first letter in 1898, but did not send any money till 18 months afterwards—I acted on the advertisement—I do not produce it—I do not complain of anything that was in the advertisement.
FREDERICK WILLIAM GILES . I live at 9, Arkwrigb.t Road, Hampstead—in the autumn of 1899, in consequence of an advertisement, I communicated with Bloomsbury Street, and got a prospectus stating that the capital was £20,000, not £50,000—I sent a cheque for £500; this in the receipt and deposit note—in October, 1899, I deposited a further sum of £3,000, and got these deposit notes for £1,000 each—at the end of 1899 I got this balance-sheet with the balance of assets over liabilities £75,000; I believed that that was true, and in February, 1900,1 deposited a further £500, and received this deposit note—in the autumn of 1899 I called at Goldsmith Street, and saw Hardinge; he said that it was a very good business, and who wed me a power of attorney from Stanley Evans, but did not say who he was—in March, 1898, I asked for £1,200 on a deposit note which ought to have been paid on May 22nd, and got this letter—(Stating that they had sold horses to the value of £14,000, and had difficulty in getting the money from the Government, and that directly it arrived the witness should be paid; and a postscript stated:"We are looking forward to a much improved balance-sheet to that of December last.")—I wrote again, and got this letter signed "Lawford:" "We are raising a mortgage on Rutland Yard, and expect to receive the amount to-morrow, and will send a cheque"—I never got any of my money back—I had deposited £6,200—I consulted Mr. Jennings, my solicitor.
Cross-examined by MR. MOYSES. It was the prospectus which induced me to part with my money; I never saw Mr. Lawford or any one of the Board of Directors—I am not one of the board—my solicitor helped to form the company—Mr. Stanworth is my nominee on the board—they told me that horses were sold to the War Office—there is now a genuine business going on with the War Office—we employ the same manager that the cab company employed.
Cross-examined by MR. CLARKE. I first saw Hardinge in the autumn of 1899—that wag, I think, before I invested my money—he offered to show me the yard and the stock, and I saw Rutland Yard, and was satisfied.
ELEANOR WEAVER . I am married—I saw an advertisement in the Daily Mail—my husband replied to it in May, and got a prospectus and balance-sheet signed by an accountant—I believed it was true, and my husband sent £200, a cheque for £150, and bank notes for the remainder—I got a receipt and deposit note—I was promised 164 per cent, interest—I received this letter, dated November 7th, 1900—(Enclosing a cheque
for £8 2s. 6d. for interest up to date, and offering to take other amounts at the same rate.)—soon after that 1 heard that the company was in bankruptcy.
Cross-examined by MR. MOYSES. I only received interest once—I received a copy of the Morning Leader with an article marked in blue pencil; that caused me to withdraw my money—I did not doubt the company being sound before I received that paper.
Cross-examined by MR. CLARKE. I never heard of or saw Hardinge.
HERBERT WATKINS . I am a chartered accountant, of 23, Bread Street—in February, 1899, I was called in to examine the books of the London Co-operative Cab Company, and saw Pindar, Hardinge, and Fuller—I got information from them, examined the books, and prepared the balance-sheet of February 18th, 1899—there were six depositors' lodgers, one for each day of the week, the interest being due weekly, and paid from the day of deposit—this is a copy of the cash book—I have stated that the balance of assets over liabilities on February 18th, 1899, was £277 3s. 2d., including the debt to depositors—the figure just before that is to depositors as per ledger, £8,000 3s. 8d.—that does not include interest—I went into the audit again five months later—Exhibit 94 is my copy draft—I find by looking at the same book that the assets exceed the liabilities by £4,500 18s. 2d.; the assets are £12,000 8s. 9d., and the balance is £4,500, so that the books had improved considerably since February—I was called in again, and this is my copy draft for the period ending December, 1899—I made no separate valuation of the leases and goodwill—the amount is more, and after deducting the amount due to depositors, the amount had almost doubled—I went again in 1900—this is my original draft; I find that the balance of assets over liabilities is only £776; that is a loss of £7,000 in six months—that is arrived at after deducting the amount due to depositors—the amount I have inserted in each balance-sheet is what the books show was due to depositors at those four periods—I had nothing but the books to rely on, but they did not show the totals; that was simple addition—I believe those balance-sheets were circulated except the last one—I had a conversation with the defendant about it, and said that it seemed very unsatisfactory trading; he said that it was simply through their having moved from Bloomsbury to Rutland Yard—Inspector Bower showed me a number of books of the Co-operative Cab Company; they were different books to those I had seen before—Mr. Cowley, a clerk, assisted me in the mechanical part.
Cross-examined by MR. MOYSES. The first was a very incomplete set of books—I suggested a new system of book-keeping—whatever was incomplete in the books I got information from Mr. Spingall and Mr. Hantke; I never had any difficulty—the second balance-sheet was made up from books which Mr. Cowley prepared; my clerk had posted the cash book—the orignal balance-sheet was compiled by myself from the information given me by Spingall, Hantke and Fuller—that started on the new system of book-keeping which my clerk had commenced—the cheques were not all paid into the bank; they were used up—I made this note at the bottom of the original balance-sheet: "We have compared the above balance-sheet with the books of the company, and find it agrees with the books at the above mentioned date."
Cross-examined by MR. CLARKE. Fuller was present on two occasions when I went to get information, but not in June, 1900; I should not like to speak about the previous December—I understood that Hardinge was the secretary; I saw no entries of his in the books—I cannot say whether money passed through his hands—he called on me once after he had left the company; he did not state his reason, but he said that he was no longer with it—there was never anything in the books to make me suspicious.
Cross-examined by MR. SYMONS. I never had any suspicions whatever—my duty was to make up the balance-sheet from the information supplied to me; I hold myself responsible.
RICHARD COWLEY . I am a clerk at Cox's Bank—I was originally clerk to Mr. Watkins—I assisted him in examining the books of the Co-operative Cab Company—I accurately took from the books the amounts due to depositors, which appeared afterwards in the balance-sheets.
Cross-examined by MR. CAIRNS. I made extracts from the ledger of the new incomplete set of books—I had a new set of books; Mr. Hantke kept the small books, and I wrote up the cash book and ledger—I have not denied seeing a particular cash book in which my ticks are found.
Cross-examined by MR. CLARKE. I worked at the books at the company's office; Mr. Hardinge was there—I did not refer to him with regard to entries in the books; he did not come on one occasion; that was at the end of January or the beginning of February.
WILLIAM ANTHONY SLEEEMAN . I am clerk to Messrs. Chatterit, Nelson & Co., chartered accountants, Queen Victoria Street—Mr. Nelson was appointed trustee in bankruptcy of Lawford and Lawrence—the books of the London Co-operative Cab Company were handed over to our firm by the Official Receiver—I have carefully examined them from December, 1897, till the bankruptcy—the cash book is in Hantke's writing—in cash book No. 1 £50 appears which does not seem to have been paid into the bank—there are one or two entries in 1897 of payments in respect of cab yards—Dorset Yard and Rutland Yard belonged to the company—up to February 18th, 1899, £18,200 odd had been received from depositors, and the repayments were £6,100 odd, leaving £12,134 due to depositors—I had a conversation with Hantke as to £5,675, part of the £18,200, as I could not understand the entries—he said that a good many were names that did not exist, and others were proper names, but that the moneys had not been received by him—the fictitious names I marked with a cross—the cheques were made out and endorsed in the name of Thomas Davies—they amounted to about £2,600—the cheques in Exhibit No. 136 are payable to H. Baldwin—I showed them to a Mr. Payne—on June 30th, 1899, I found £31,500 had been received from depositors—£11,000 odd had been repaid; that includes £6,000 paid to Davies, leaving about £20,096 due—the balance-sheet for June 30th, 1899, shows £12,104 due to depositors, and that for December 31st, 1899, shows £45,000 received from depositors, and £13,000 odd repaid—the balance-sheet; shows £20,829 due to depositors—from January 31st till the bankruptcy £16,600 is shown as due to the depositors—the total amount due to depositors up to the bankruptcy, allowing for repayments, is £46,000 to £47,000—the company was insolvent, and a deficiency ought to have been shown in
each of the balance-sheets instead of a surplus—I make out a loss of over £ 1,000 a month, without interest—the trustees have realised £4,500 from the assets of the company inclusive.
Cross-examined by MR. CAIRNS. I am not a chartered accountant—I had several years' experience in book-keeping—Hantke answered my questions—the cash-books are all in his writing—the ledgers are partly in his and partly in Page's—I found entries of two payments in respect of Rutland Yard of October and December, 1900, amounting to £2,000 old each—I did not find corresponding amounts credited to the company—I have not examined the accounts filed in the bankruptcy—I think they show a deficiency of about £20,000—the average rate of interest paid to depositors was 20 per cent, which on a total of £40,000 gives £8,000 a year—they paid from 65 down to 30 1/2.
Cross-examined by MR. SYMONDS. A difference of £70,000 has gone in expenses apparently—when you take a trading account you put the interest on it and all expenses—from July to December, 1899, the expenses represented £1,000 a month exclusive of interest, which would make, perhaps, another £500 a month.
Re-examined. I have never before known of fictitious cheques being drawn to fictitious payees for the purpose of paying them back into the bank, and cannot conceive the necessity for it, except to waste 1d. per cheque.
HARRY WILSON . I am an incorporated accountant, of 37, Essex Street—I prepared a statement of affairs in this bankruptcy, and was much assisted by Hantke—his list (Produced) shows a number of drawings from the business as interest to fictitious depositors—Thomas Davies is supposed to have deposited £721, £113, and £2,000, and payments of interest of £72 and £33—the total amount of interest falsely so debited is £566, representing a capital of £5,679—I prepared it from the cash books—I did not find any payments into the bank of the amounts which the depositors were supposed to have deposited in respect of this loss; I drew Hantke's attention to that—he said those entries represented moneys he had never received, and that Fuller received them—in the deficiency account which I have prepared I found about £800 entered as law costs, the bulk of the moneys being paid to Browne according to the cash book—the payments were made from day to day in small sums of £3 or £4.
Cross-examined by MR. MOYSES Pindar assisted me as well—they were always accessible to answer all my inquiries—Puller had had money from Pindar and Hantke—I was aware of the publication of the attacks on the company in different papers—Pindar and Hantke said they emanated from Fuller—I am often employed in bankruptcy in the preparation and investigation of accounts—there is, as a rule, a large sacrifice of assets in bankruptcy—I think we found that £27,000 would cover the whole trading for three years—I did not take out the trading in separate periods—I was not able to discover at any time that the business was solvent—the cash books seem to be fairly kept as regards entries—there was no uncertainty on my part as to whether they were insolvent at any particular time.
Cross-examined by MR. CLARKE. The fictitious cheques commenced very soon after December, 1897; practically the whole period—Hantke told me
that Fuller had given the game away; that he had given the newspapers certain information, in consequence of which the company had failed.
Cross-examined by MR. CAIRNS. I said I had never seen the cash book—I have looked through it since—there are none of my ticks in it; I am quite sure of my ticks—I got my materials from Hantke—I have not looked through the book page by page, but I feel sure I have not seen it before.
WILLIAM MONTAGU PORTER . I was lately Chief Clerk in the Remount Department of the Imperial Yeomany; I had charge and superintendence of the books showing the purchase of remounts—I have made every search and inquiry to find out whether Lawford, Lawrence, or the London Co-operative Cab Company have sold any horses to the Imperial Yeomanry, and found they had not.
Cross-examined by MR. MOYSES. I do not know the name of Captain Gaskale; he might be connected with the War Office—the order for the purchase of such hordes would be issued by the Director-General of Remounts—the cheques themselves would come back—anyone having such a cheque paid into his bank would have a record of it in his banking account—if there were any truth in the suggestion, it could easily be traced.
THOMAS ARTHUR HEATH . I live at Wandsworth, and am a clerk in the Inspector-General's Office of Remounts—on behalf of the War Office, seven horses were purchased from the cab company on December 13th, 1899, for £340; they were paid for on December 18th—six more were purchased on January 13th, 1900, for £300, and paid for on January 23rd—on August 22nd one horse was purchased at £46, and paid for on August 24th.
Cross-examined by MR. MOYSES. A large number of horses were bought from Lionel Smith—he was not a channel or medium of the cab company, as far as I know; he is a horse-dealer.
Cross-examined by MR. SYMONDS. I did not see Fuller in respect of the horses.
Re-examined. I know Lionel Smith—he can be called.
EMILY SHERGOLD . I am the wife of the Rev. Frank Shergold, of Luton—in February, 1898, I saw an advertisement of the cab company in the Daily News, to which my husband replied, and received an answer forwarding a reference—he then wrote to Mr. Davies, and received this reply—(This stated: "I have every faith in the concern, and, having satisfied myself that the proprietors are able to pay what they undertake to do, I invested a considerable sum with them, for which I have always received my regular interest. In fact, I hope shortly to still further increase my deposit, as I consider it a very remunerative and safe investment.—T. DAVIES.")—on the receipt of that letter my husband sent £100 of my money to the company, for which I received this document (Produced.)—in April I went with my husband to Bloomsbury Street, where I saw Mr. Hardinge, the secretary—we asked him about the company and the investment—he said that the comqany was quite safe—we then went to see the solicitor at Mr. Fuller's suggestion—we went to Browne in Bedford Row
with Fuller—he left us in the office to meet Browne, and said, "You can put any question you like to Mr. Browne"—my husband put several questions to him—Browne assured my husband it was safe, and said he had a client at that time for whom he was trying to invest a considerable amount of money in the company, a loan he was calling in, or something to that effect, and his client was going to invest somewhere else, and he was persuading or asking him to invest it in his company—we then went back to the office in Bloomsbury Street, and saw Fuller, and invested another £100 in the company—they were then paying 52 per cent, to us, I think—my husband is a Nonconformist—in May we invested a further £100, still relying on the statements made to us—the interest on this deposit, too, is stated to be 52 per cen'.—we got our interest and on October 6th, 1898, we invested another £200 at 52 per cent.; we still received our interest regularly—on October 19th, 1900, we invested a further sum of £200—this is my cheque, "Pay to Mr. V. T. Lawrence," and it is endorsed "V. T. Lawrence"—the deposit note shows 26 percent. payable weekly—since that payment of £200 we have not received any interest or any part of our capital back—we invested all together £700.
Cross-examined by MR. MOYSES. I do not know how much we have received back in interest; perhaps it would be £500 or £600—I believe my husband at times, when remitting further deposits, deducted the amount of interest which had become due—there was always a balance owing—I saw Pindar last November, I think after the crash—I had seen Hantke before that time—I had not had conversation with him—neither he nor Pindar made representations which induced me to put my money in—I saw the yard before November, and so far as I could see it looked like a flourishing business.
Cross-examined by MR. CLARKE I saw Fuller when he was secretary of the company, and he told me the company was safe—I think it must be about two years ago that I first knew of Fuller being dismissed, or leaving the company—after he had left neither I nor my husband received a copy of the Morning Leader or any paper—I was away from home at the time in ill-health—my husband saw some attacks on the company in the papers—I think that was twelve months ago last August.
Cross-examined by MR. PERROTT. I understood when I saw Browne that he was the solicitor to the company—he did not say if he had a client he would advise him to invest, but that he had one, and was advising him to invest his money in the company, which he thought from the documents in his possession was perfectly safe—if anyone wrote to my husband for a reference respecting the company he simply gave our own experience in receiving our interest regularly, and so far as we had it regularly we thought the company was solvent—the difference between the interest we received and the capital we invested would be some £200.
FITZGERALD ARTHUR . I am an advertising agent, of Avenue Road, Westgate—in or about October, 1898, I was introduced to Fuller in the name of Hardinge, who wanted me to do some advertising for the company—I asked for a reference—he gave me a banker's reference, which happened to be another branch of our own bank—I generally got my orders from Fuller—the advertised interest went down from 26 per cent.
to 13 per cent., or 10 per cent.—I also saw Hantke and Pindar at the office latterly—I continued to put in advertisements up to October, 1900, up to which time I received £3,108 5s. 1d.—in the summer of that year I began to have difficulty in getting my money, when some proceedings were going on—I cannot say exactly how much was owing to me then—in October it was £1,382 4s. 8d., of which I have received some since—I had a second mortgage on Rutland Yard given me as security for £1,400—at the bankruptcy I stood to lose, with legal costs and things, about £1,500—I had some back on account of the mortgages—on August 19th I noticed an article about the company, about which I spoke to Hantke and Pindar—they said the news was all wrong and garbled, that Fuller had given them away, that a lot of the information was wrong, and that several of the depositors had written to the papers denying the facts.
Cross-examined by MR. MOYSES. I said at the Police-court that they explained that there was a conspiracy on the part of Fuller and Huntingdon to damage them, and that all the information in the papers was the outcome of spite on their part—I went to the head office in Rutland Yard pretty often, where I sometimes saw recruits for the Yeomanry being trained—I was told that the reason of their hard-upness was that the depositors were withdrawing their money, and they were pressed.
Cross-examined by MR. CLARKE. Fuller took me round regularly to the yards, and showed me the cab business that was going on—I had a Taxameter cab from them myself for a time—Fuller left about January, 1900—when I wanted a cheque I sometimes asked Fuller, and sometimes Hantke—they were always signed "V. T. Lawrence"—I think the first time I asked for a cheque Lawrence was called in, and I always looked to him for my cheques afterwards—after Fuller left, the style of advertisement was changed, and Lawrence told me to put their name in as the proprietors.
THOMAS L. HANLON . I am a clerk in the Central Office of the High Court of Justice—I produce the file in the action of Thomas Davies v. the London Cab Co-operative Company—the writ is dated September 14th, 1900—the claim is for £2,000 on a promissory note dated January 13th, 1899—the appearance is dated September 14th—the plaintiff's solicitor is George Hall, and the defendant's Browne & Co., of 44, Bedford Row—I also produce an affidavit, dated September 13th, 1900, by Thomas Davies, proving the claim and the order, giving leave to sign final judgment, dated September 15th, 1900; also the writ of fi fa, dated September 18th, 1900; also the files of other actions against the company—some were against Lawford and Lawrence, and some against Pindar—the files show the dates of the issue of about 10 writs in various cross proceedings—the appearances have been entered in every case by Browne & Co.—the earliest date of issue of a writ of fi fa is August 31st, 1900, at the suit of Tattersall.
JAMES CLARKE . I am one of the firm of Finney, Thomas & Co., solicitors—on September 13th, 1900, I issued a writ, at the suit of Thomas Piddeford, of Edgware, against Lawford, Lawrence, Pindar, and Hantke, trading as the London Cab Co-operative Company, for £103 5s., for goods sold and delivered—the first £40 of it is in respect of a dishonoured
cheque, upon which I issued execution; it was paid—appearance was entered by Browne & Co., 44, Bedford Row, on September 20th—I applied for summary judgment under Order 14; it was resisted on the dishonoured cheque—I obtained judgment, but the remainder of the claim was resisted by affidavit, upon which they were allowed to defend—I obtained judgment on November 10th by consent—I did not issue execution when I obtained judgment for the balance, because when I attended at the Sheriff's office to issue execution I was informed there were three or four executions lying there, so I advised my client not to go to the expense—shortly after the first meeting of creditors Fuller called upon me; amongst other information, he gave me two lists of depositors—he said be obtained the information from the books of the company, which he took, at my request, to the Official Receiver—I saw Browne, and he asked my permission to deposit with me some books and papers, as he was giving up practice—I said that he could deposit them in our cellar, which he did—they were afterwards handed over to the police.
Cross-examined by MR. MOYSES. When Fuller brought me the lists he said it was out of revenge; that he did not care what happened to him, he would drag the whole thing down, and that they had practically kicked him out of the concern.
Cross-examined by MR. CLARKE. He repeated to the Official Receiver what he told me—I was glad of the information in my client's interest—I did not know Fuller till he called.
Cross-examined by MR. PERROTT. So far as I know, Browne only acted as a solicitor should do.
GEORGE HALL HALL . I am a solicitor, of 8, Warwick Court, Gray's Inn—Browne came to me on September 12th last year and asked me whether I would bring an action for £2,000 for Davies, who had lent money to the cab company, because he was solicitor to the company, and could not act for Davies—I said I should have no objection to act if Davies called on me and satisfied me that the debt w as due—he came the next day and said Davies would call on me later in the day, which he did, and produced a promissory note for £2,000—I then made out a writ for the amount and affidavit to be used on application for judgment—I was to apply under Order 14, and Browne would consent to judgment—I issued the writ, and Browne accepted service—I then wrote to Browne & Co.—it was merely to keep the matter in form in my books—appearance was entered, and I took out a summons under Order 14, and got judgment—I then issued execution, but I got instructions from Browne that I was to tell the Sheriff he was to take possession, but not to sell—I gave the fi fa to Johnson, of Portugal Street—my costs were to be paid by the company, and in the middle of December Davies called on me and paid me £5 costs.
Cross-examined by MR. CLARKE. I never saw Pindar in the matter.
JOHN JOHNSON . I am Sheriffs officer for the county of London, of 16, Portugal Street, W.C—I produce a warrant of fi fa issued at the suit of Thomas Davies against the cab company, dated September 18th, 1900, for £2,000 and£l 10s. for the writ—I levied the same day at Rutland Yard, Southead Yard, Fawcett Yard, and Dorset Yard—I received instructions from Mr. Hall, and did not then levy—I allowed the cabs and horses to be
used—I put King in possession, who was recommended to me—I had 15 warrants in all against the company, the first being dated September 18th and the last December 28th—I did not realise anything under them—the company sent me a letter requesting me not to sell, but would pay our expenses, we remaining in possession, with which I complied, after consulting with Mr. Hall.
ALFRED E. RIDYARD . I live in Kentish Town, and am managing clerk to Mr. Jennings, of Walbrook, solicitor to Dr. Giles—on August 9th I issued a writ against the cab company for £1,200, and got judgment on the 29th—I issued a fi fa on October 9th, which was put in the hands of Messrs. Wright and Odell—it was defeated by a prior execution—in December, 1899, I filed a petition in bankruptcy on Dr. Giles' claim, which was served on Hantke at Rutland Yard—I went there with the concurrence of the trustee—I got various documents and papers; amongst them was a letter from Mr. Hall to Browne, and one from Davies to the firm.
Cross-examined by MR. MOYSES. Dr. Giles was a depositor in this company—while the bankruptcy proceedings were going on there were negotiations with Mr. Underwood to provide working capital to carry on the concern—he at one time contemplated taking the thing over—the matter fell through—Mr. Nicholls, a member of the firm of Chatteris and Nicholls, was appointed trustee—I got a list of depositors from the Morning Leader and other papers—they had a manager employed in the yard named Woolley—he is here—there was a mortgage of £6,000 on the Rutland Yard premises—the mortgage was foreclosed—Underwood was the founder of the new company—he bought the lease for £8,000; he sold it for £10,500—Underwood was represented by the solicitor who acted for the company—Underwood is now on the board, and a large shareholder—the company bought all the things from the trustee, an, I think, gave about £2,000 for the stock—my principal drew up the memorandum and articles of association—I am not a director—Hantke and Pindar helped me, as far as they could—I think the business is capable of 7 per cent on its capital.
AMBROSE WILLIAM KING . I have been a solicitor's clerk, and was so employed by Browne & Co., of 44, Bedford Row, up to November last—I know Davies—about four years ago Browne said to me, "Can you find Davies?"—I said, "I think I can"—I went to the Edgware Road, where I knew he was employed as a shopwalker in the Drapery Stores, 116 to 121—I said, "Browne asked me to come up and see you, as he wants to do some business with you"—he said, "Will Browne come and see me, or shall I go down to see him?"—I do not know which happened, but they met, and Davies was frequently at Browne's office—depositors often called on Browne, and saw him in his private room—Browne said to me, "I understand Davies has been doing good business with the cab company; you ought to go up and see him," meaning to get commission—I went and saw Davies at his shop, but I did not get the "com."—Browne suggested that I should go to the cab company, and get my "com"—I went there, and saw a very tali man, and Pindar and Hantke, and Pindar gave me two black eyes—he said I had no right to go, and struck me—that was about two years ago—Pindar has ever since treated me wonderfully well—Browne suggested that I should be the man in possession
at Dorset Yard—it was the September before I left Browne's employ—Browne went to Southampton on the Friday—he said, "We are going to sign judgment on Monday on Davies's claim for £2,000, and you will have to go into possession"—Browne left town, and he wrote to the junior clerk, Johnson—he left a man named Lloyd in charge of the cab company's business, and Johnson heard from Browne on Monday morning, "Go over to Hall, and then go over to the Court and sign judgment," which he did, and Hall, was waiting while judgment was being signed—after judgment had been signed I went with Hall to the Sheriffs officer, and he gave me a letter to the foreman of the yard, and I stopped there for six weeks—this letter of November 17th, 1900, is in Browne's writings—March 4th, 1898, is a press copy of a letter in Browne's writing, and addressed to Mrs. Core, Southend— (Stating that the company looked a sound and increasing concern, and the dividends ere paid punctually every week, and they did not think she could do better than, at any rate, to give them a trial. Signed, "Browne & Co." Several other letters were shown to the witness, addressed to applicants for investment, and identified by him as being in the writing of Browne or his clerk.)
Cross-examined by MR. SYMONDS. The Magistrate was not rude to me; he misunderstood an unfortunate impediment in my speech for a man who was suffering from alcohol—when I went into possession Browne went to Southampton on important business respecting his father-in-law—I know Mr. Hall—he is absolutely respectable—I received £1 a week from Browne, and one-third of any business I introduced to him—unfortunately, through Browne not paying me the one-third, I got into domestic trouble—Browne was doing business with the company, and got well paid.
HARRY FREDERICK CHIDDOCK . I am a clerk in the office of the Registrar of Joint Stock Companies, Somerset House—I produce the file of the company known as the "United Horse and Carriage Company," which was registered on October 24th, 1900, by V. T. Lawrence—the names of the seven signatories appear—the capital was £85,000 in £1 shares—it was to take over and carry on the business of Messrs. Lawford & Lawrence, trading as the "London Co-operative Cab Company," together with all assets belonging to that business—amongst the articles of association is one which provides that Lawford and Lawrence be managing directors at a salary of £350 a year each for three years.
DAVID JOHN PAGE . I live at Balham, and was in the employ of the cab company for three years, from 1897—Sleeman showed me a list of cheques drawn to Thomas Davies, and I went through the original cheques—they are endorsed "Thomas Davies," in his writing—these cheques. (Produced) are endorsed by me, from Hantke's instructions—they are open cheques—I have been through the original cheques referred to in this list—they are drawn in favour of H. Baldwin, and purport to be endorsed by him—I endorsed them by Hantke's instructions—they are open cheques—this cheque is in favour of Davies for £25, dated September 14th, 1898—it purports to be endorsed by Davies, but it is Pindar's writing, I think.
Cross-examined by MR. MOYSES. Hantke used to bring a cheque to me and ask me to endorse it—I was discharged by Pindar—they said they could not afford to keep me—I think that was in September, 1900.
Cross-examined by MR. CLARKE. I should say Fuller did not sign cheques—they were, I believe, all signed by Laurence—I should say they are in Fuller's writing—these deposit notes are signed in blank, and left to be filled in—these are signed in the name of R. F. Hardinge—the writing at the bottom is "R. F. Hardinge, per pro A. L."—the signature to Mrs. Shergold's deposit note is Pindar's, in the name of R. F. Hardinge, initialled "A. L."—Hardinge's duty in the office was to sign these deposit notes, and to interview callers—he would sometimes take them out to show them the yards.
ELIAS BARR (Police Inspector). On August 13th last I saw Hantke and Pindar in Theobald's Road—I told them I was a police officer, and held a warrant for their arrest—Hantke said, "If that is so, we must go with you"—I took them to Bow Street, and the warrant was read to them, in which they were charged with conspiring to cheat and defraud people in connection with the London Co-operative Cab Company—Hantke said, "The charge is absolutely unfounded"—Pindar made no reply—the same day I went to the Direct Jewellery Supply Company's office, 59, Hatton Garden, where I frequently had seen Pindar and Hantke—I saw Davies there—I cautioned him, and took a written statement down from him as to his connection with the company—I did not arrest him then—I received a number of daily and other ledgers and cash books from the Official Receiver in Bankruptcy, which I showed to Cowley and Watkins—Browne was arrested on August 27th—I afterwards saw him at Bow Street, and read the warrant to him, which charged him with conspiring with others to defeat the ends of justice—he said, "I could have given you an explanation; I am not afraid of the consequences, can I send a telegram to my wife?"—I replied, "Yes"—he said, "I only acted as solicitor to the company, but I gave them a reference occasionally: when I saw their last balance-sheet and £7,000 assets above their liabilities, I concluded that they were going on swimmingly. I induced them to turn their business into a limited liability company, and to give depositors 5 per cent. As to the execution by Davies, I did not act for Davies in it. I knew the solicitor who was acting against the company, and I saw him about it, and they (Pindar and Hantke) have property worth about £1,500. They did not want to have a forced sale."
Cross-examined by MR. MOYSES. I was for four or five days what we call "shadowing" Hantke and Pindar—my object was to find Fuller.
FREDERICK KNELL (Police Sergeant E). I took Hantke to the station after Barr had arrested him—he said, "Well, after so long! Well, we fought it out in the Bankruptcy Court, and I suppose we snail have to tight it out again"—on August 14th I went with West to Clovelly Road, Leigh, where I arrested Fuller—I told him I was a police officer, and produced the warrant and read it to him—he said, "I took these mortgagees to the stables, to show them to them. I examined the books of the company. It is due to me that the company was sold up. I gave information to the papers, and advised the depositors to withdraw their money"—when charged at the Police-station he pleaded not guilty—on August 26th I was at Bury Street, Holborn, where I saw Browne—I told him I should arrest him for conspiracy in connection with the cab
company, and also conspiring with Davies to defeat the ends of justice by causing bogus executions to be levied—he said, "I only looked after my costs; I never acted for Davies."
FREDERICK BECKLEY (Cross-examined by MR. CLARKE). I am manager of my brother's business, and do a good deal in horse-dealing—we have sold horses from time to time to the cab company and visited their yards, occasionally—it seemed to be a flourishing business—we started selling horses to them about November or December, 1898—we did not sell for them; we often took horses back at a fair valuation.
Cross-examined by MR. MOYSES. He sold a good many horses to the cab company—we only bought back the old "cast" horses as they are called, which we resold—I have seen Lionel Smith at their places.
Cross-examined by MR. PERROTT. Browne has been a solicitor about 15 years—I have no cause to complain of him nor do I regret my introduction by him to the cab company—I got my interest regularly.
By MR. MUIR. discounted a couple of bills for Browne that he said were for costs—I was a creditor in Lawford and Lawrence's bankruptcy—Browne got about £200 out of me on those bills, which I have never got back.
Hantke, in his defence, on oath, said that he was in the cab company's business as cashier from the commencement in 1898, but could not say whether it was solvent or not up to 1900; that it was prospering in 1900, when the comments in the papers undoubtedly injured it, and the takings dropped from £1,500 a month to £200; that the largest sum was turned over in 1900, when it was about £27,000; that horses were sold through Lionel Smith to the War Office; that on January 3rd, 1900, 15 horses were sold at 40 guineas per horse, £630; on December 13th, 1899, seven for £340, on December 26th, eight for £200; on January 20th, 1900, six for £300, on August 22nd, 1900, one for £45; that he received £1,200 by such sales in one day from Lionel Smith and others, and gave various other instances of sales; that he believed the company made a profit of 30 per cent, by legitimate trading; and the assets in the balance-sheet were, he believed, correctly stated; that some of the cheques were paid into the bank again, and some were cashed and endorsed and supplied to cover expenses; that cheques made out to Davies and haldwin were not endorsed by a clerk by his direction, or that if he did so, it was not done in secret; nor was Davies put up as a creditor of the company when pressure became inconvenient, though he got into possession, and kept others out; that cheques were always brought to him and signed in blank; that large sums were spent in advertisements, and the turnover increased, and other yards were opened, which necessitated expenditure, and, therefore, he expected to reap the profit, as £8,391 fresh capital came in in one year from February, 1899, and that £17,000 was paid for interest during the whole time; that the "Morning Leader" had nothing to support its statements, and that £8,000 had been appropriated by Hardinge; that except as to that sum, the books and balance-sheets were correct, but that some of the books were missing, and that every transaction with the War Office was settled within a day or two.
Pindar, in his defence, stated, on oath, that he was introduced to the company by a man named Huntingdon, whom he believed to be respectable, and therefore, introduced him to Fuller, but that Huntingdon turned out to be
an ex-convict; that Huntingdon issued the prospectus, received all the money, and went away with some thousands of pounds, after which he (Pindar) consuited and decided to continue the business, as the profits were 12 per cent. in three years, and continued advertising, Hantke having brought in some more money, but that they did not inform the depositors that the money had been misappropriated; that Hantke brought cheques to him and asksd him to endorse them, to inflate the account, that it should look more successful, which he did on the undertaking that they should be paid in simultaneously with the drawing of them, so as to make the the total on each side bigger; that they paid £10,000 for Rutland Yard, and spent £ 1,500 on the repairs; that the horses and vehicles were insured against fire; that they were doing a very high class of business, and supplied the War Office and Lord Halsbury; and that he attributed the failure of the company to the reports in the "Morning Leader" and "Star," which were sent to the depositors, and four-fifths of them withdrew, and all the trade creditors came upon them, and the police withdrew some of the cab licences; and that Pindar was his real name, but that he took the name of Lawford at Huntingdon's suggestion, who was his employer at the time; that he admited the bogus judgment, and allowed it to be put in, and that it defrauded the depositors, but denied that he had received any profit from it.
Fuller, in his defence, stated, upon oath, that he was engaged by Pindar as secretary to the company at a salary of £4, and afterwards of£4 10s., and believed in its stability till January 5th, 1900, and on ceasing to do so he got one of the clerks to make out a list of the depositors and of the amounts standing in their names, and found among them the name of Half, who he knew had transferred his money to a man named Hughes, upon which he resigned, and went to Mrs. Harmer, and told her that he had left the company, and advised her to withdraw, he having promised her husband, when he was satisfied with the solvency of the company, to see after her interests; that when he signed letters he had no idea that their contents were false; that after leaving the company he gave information to Mr. Years, the editor of the "Morning Leader," and requested him to publish it, publicly exposing the swindle; and that it was at his request that a copy was sent to each depositor, after which he believed that Pindar and Hantke had hostile feelings against him, that he never examined the books from the time he entered to the time he left, and that the only money which passed through his hands was paid by depositors, and the ether money was cheques which came in letters, and passed through the banking account, and that he never had any shares in the company, and could not suggest what became of the £8,000, and did not know that Stanley Evans had gone away with the entire capital of the company, and that when he left the company owed him about £120.
Evidence for the Defence.
JOHN REGINALD YEARS . I am editor of the Star and Morning Leader—in 1898 ten articles appeared about this cab company, and three in 1899—I had then before me the company's prospectus—that was before Fuller came on the scene—Fuller afterwards came and showed me that the balance of money liabilities was about £15,000, and the article was the result of what he told me—I found that what he told me was correct—I believe the article of August 2nd was sent out by us, and
that of August 3rd by Fuller—there is no justification of Pindar's statement yesterday that the account was in connection with the appearance of the article—I warned him last night that a bad debt of £50 as the result of the advertisement of a man named Woolley, but there is nothing to indicate that such was the case—I knew nothing about the advertisement till last night—the City office was kept distinct from the other, and I do not know anything about it—I said that I did not want him to be out of pocket—he said that he did not want to receive anything, and I never paid him.
Cross-examined. The first interview was on July 20th or 25th—my article consisted largely of extracts from the literature; it seemed to be a swindle, 65 per cent.—no action was taken against my paper—we have a column dealing very largely with sundries—Fuller gave me a list of what was due to each depositor, and I pointed out that each of those depositors had claims in the balance-sheet, and he gave me information as to the posts of Hantke, Evans, and himself—he did not tell me what his object was in coming to me—I did not spare him at all—I took him with the rest.
MISS—.(This witness's name was only given privately.) I was employed by this cab company—Mr. Laurence drafted all the letters, and Mr. Fuller some, which he brought to me to be typewritten—I did not sit in his office—no one else drafted letters.
Cross-examined. Hantke and Pindar were not in the office; they shared an office in the same building—I looked on Fuller as the principal—I went there first in November, 1897, and stayed on to the end, with the new managers—Hantke seemed to do what he was told to do—I took them all to be my employers—he occupied a subordinate position; he used to work very hard at the books, and Page was sometimes intoxicated—they remained there a month or two—I do not think the Hansoms Company knew that I did work for him—I remember Pindar leaving; I do not know why—he used to walk up and down, and not speak to anybody—there was an estrangement in the office for a month before he left—weekly payments of £5 a week were made for six weeks, or perhaps longer—when intending depositors came to the office Mr. Fuller saw them; I did not hear what took place—I sometimes saw the letters to them—Mr. Browne came there occasionally—the references were Mr. Shergold and Mr. Browne—Browne's name was given from the commencement—I thought Mr. Evans was only a visitor at the office—I knew that Mr. Page drew cheques payable to Davies, but do not know what became of them.
Cross-examined by MR. SYMONDS. I made no copies of the letters—I have sent hundreds of thousands of letters—I had no special reason for remembering the earlier letters more than the later ones.
Cross-examined by MR. MOYSES. I do not know who discharged Pindar—I had a holiday, and when I came back he was discharged.
Re-examined. I was not in Hantke's employ at Hatton Garden.
K—PRITCHARD (Detective, V). About the middle of June Fuller sent a letter to the station, saying that he wished to see me—he said that Mr. Pindar had threatened to shoot him, and that they had had a row about business matters, and he wanted police protection.
GUILTY .— It was stated that Pindar and Hantke had been three months in custody, and that Pindar and Browne would be sent out of the
country. MR. MUIR stated that Davies bore a good character till he fell under the influence of the other prisoners, and that, having lost his wife and daughter nearly at the same time, he took to drink, which was the cause of his fall.—HANTKE, PINDAR, and BROWNE, Five years each in penal servitude —FULLER, Six years in penal servitude —DAVIES, Nine months' hard labour. The COURT commended the police upon the excellent way in which the case had been got up.
OLD COURT.—Saturday, October 26th, 1901.
(For the case of John Price, tried this day, see Kent Cases.)
OLD COURT.—Monday and Tuesday, October 28th and 29th, 1901.
Before Mr. Justice Bigham.
and MR. DANFORD THOMAS Defended.
The evidence was interpreted where necessary.
VICTOR DURAN .In September last I lived at 12, Whitfield Street, Tottenham Court Road—two months before I gave evidence at the Police-court I met the prisoner at a club in Old Compton Street, Soho—he came and had meals at my house sometimes—he had no money, and I fed him; he first came about eight days after I met him—he used to come when he had no money—he used to run on errands while he was coming to me—I have never known him do any regular work; I never knew him as a waiter at the Cafe Monico—whilst having his meals with me he used to use this knife (Produced)—he carried it in his pocket—on September 3rd he was at my house between 12 and 1 p.m.; he and my wife quarrelled, and she told him to go away—I asked him to have something to eat, and he declined—he had a pair of trousers, a vest and two or three shirts, besides the clothes he wore; he kept them at my house—I had an old valise—I gave him some shirts, and he packed them in the valise, which I told him to bring back—on September 3rd he had no money—I gave him 3s.—he went away about 1 p.m.—that was the last time I saw him till he was in custody.
Cross-examined. It was before I gave him the 3s. that he refused to take any food on that day—he said to me, "I have not a penny; I have no money"—the quarrel with my wife was on account of the marketing; he had gone to get some things, and what he had brought did not please her—she had given him 4s. or 5s.; he accounted for all the change—his clothing was kept at my house because he had no fixed domicile of his own, and did not know where to put them, and he asked me to keep them—I do not know where he slept; he told me he had just left Monico's, and William Averene, a carpenter, who introduced him to me,
told me that the prisoner had just left—the prisoner ran errands for anybody—I did not know the deceased; I have never seen him—the club when I met the prisoner is an Italian club—I have only been there once; I am not a member.
MATILDA JUNG . I am the widow of the deceased, and have lived with him at 4, Lower Charles Street, Clerkenwell, nearly 14 years—we were married 14 years ago on January 13th next—I have two children, a boy and a girl; the boy will be 13 next November; the girl was four years and two months when her father died—my husband was a watchmaker—he was 28 years older than I am; he would have been 65 on October 18th—we occupied the whole of 4, Lower Charles Street, with the exception of the two top rooms; we had the basement, kitchen, the ground floor, and the first floor—my husband used the front room on the ground floor as a workshop; we called it the front parlour—the disposition of the room and articles in it is shown in this plan, as my husband was accustomed to have them—the room under the workshop was the kitchen—my husband was a most methodical man—as far as I know, I have been in his complete confidence all our married life—he spoke five language; his nationality was Swiss; he spoke German, French, English, Spanish, and Italian, which he learnt later—he was visited from time to time by foreigners of different nationalities—he used to help them to get work, and would give them money until they got work—he had done so all our married life, and I understood it had been so for many years before—he belonged to the Swiss Society for illness, which gave aid in case of illness—so far as I know, he belonged to no other society except the Horological Society, which was connected with his own trade—his confidence in me extended to allowing me to open his letters, which I did occasionally—I have never seen anything in his correspondence to lead me to think that he was connected with any dangerous political society, or with any political association—his days were parcelled out into different working hours—he generally went into his workroom about 10 a.m., and worked on and off till one—then we had dinner, and he would start work, and work till a quarter to half-past four—then we had tea, and he would work till seven—on Saturdays he left off at one—he was very regular in taking his ease and in doing his work—from 1 to 2.30 he devoted to enjoying himself—he had a habit of going to the front door—he almost invariably did so even when wet, and he very frequently engaged in conversation with passers-by—part of his work was to regulate timepieces given to him—his particular time for that would be when he was getting them ready for sending home, which was at 5 p.m.—I always took them—the stool in the workroom, which is immediately in front of the bench, is my husband's working stool, and he would sit on it doing his work in the ordinary course of things—in the front of the bench is the window—the drawer in the bench ordinarily contained the watches he was engaged upon—when he was seated at the bench at his work the drawer would be closed—that drawer would generally contain the watches which he was going to send out that day—I know there were some watches in that drawer on September 3rd, but I cannot say how many—I did not know of a small oxydised watch in a manufacturer's big being in it—I know my husband had a small troublesome watch which
belonged to one of the manufacturers—the proper place for deposit for that watch, if he was engaged upon it, would he in that drawer—it belonged to a Mr. Schneiter—my husband had another watch from him, but it was finished, and would be in another drawer—this iron (Produced) is called, I think, a boot last—we kept it to knock na ls out of boots, or to put on little pieces with—it was for casual purposes—it was not used by my husband in his business—it was kept under the bench, farthest away from the door, on the left side, under the window, as you look towards the window from the door—I used to assist my husband in his work when he was busy, and when doing so I would sit by the bench, and rest my feet or foot on that last, the way it is standing now—the last time I sat there was several weeks before September 3rd—between the time I had assisted my husband and September 3rd the iron had remained under the bench—so far as I know, it had not been moved—the greater part of the window of the room is above the bench, and the smaller portion is below it—it looks into the street—in the daytime light is thrown under the bench from the street through that part of the window below the bench—the room is quite small—I think anyone coming into the room and crossing to the bench could scarcely fail to see what was under the bench—my husband had been previously married, and had had a family by his first wile, all of whom are grown up—he loved my children passionately—about 1.30 p.m. on Tuesday, September 3rd, I was in the front kitchen under the workshop—my husband was standing on the doorstep leading to the street, as was his habit about that hour—I could hear two voices distinctly; one was my husband's; I did not know the other—they were speaking in French—it was a friendly conversation—it went on till about 2.20, when they both went into the workroom—they remained there till about 3 o'clock—I went to the door and spoke to my husband—he said, "I cannot come now, I am engaged"—I did not go into the room; I looked in, and saw the prisoner standing on my husband's right, and leaning on his elbow on the bench—my husband was sitting at the bench on his usual stool—they both turned in my direction when I looked in—my husband was sitting close up to the bench, working—he had a watch in his hand—the drawer could not be opened while he was sitting in that position—they seemed quite friendly towards each other—I only begged my husband's pardon; I said another time would do as well, and left the room—a short time after I wished to saw a shelf down out of a cupboard—the saw was in the workshop by the side of the regulator, which stood in the left hand corner as you went in—a regulator is a large clock, which is used by watchmakers to regulate their watches by—I went in about 3.20, and took the saw—my husband and the prisoner ware in just the same position as they were before—my huband was still working—they seemed quite friendly—my husband said, "Well, what is it now?"—I said, "It is all right, I only want a saw"—I then went out—a little while later I went to the area, because I heard our milkman—there are two who have a cry very similar—the area door is underneath the street door—I called up to my husband, "Is that our milkman, dad?"—he replied, "No, it is not ours"—I then went into the back kitchen, aad about 10 minutes afterwards, which would be about 3.56, I heard a scuffling of feet in the workroom—I ran up, and saw the prisoner just going out of the
street door, which was open—I went after him, and screamed out to stop him—I passed the door leading into the workshop—it was closed to within about 6in. or 8in.—I followed the prisoner—he was running very fast—I followed him to the middle of St. John Street Road, where I saw a policeman take up the chase—I then returned to the house, and went into the workroom—the door was still closed—I had no difficulty in pushing the door open, but when I opened it it just touched my husband's back—he was lying with his head close to the chest of drawers, his feet pointing towards the window; his left arm was up to his face—I do not remember the position of his right arm—he was bespattered all over with blood—blood was also on the floor—there seemed to be a great amount—I cannot say if he was alive—I had to step over the body to get into the room—a doctor was sent for—the drawer containing the watches was open when I went into the room—under the bench I saw this knife (Produced), which I picked up and put on the bench—it seemed to me to be covered all over with blood—it was open—I did not see the slightest indication of a struggle having taken place—after a short time the prisoner was brought back in custody—that was before the doctor arrived—he did not make a statement then; he remained there about 10 minutes before he was taken away—the doctor came and attended to my husband—a policeman came, and took charge of the room—the Coroner's officer came, and my husband's body was taken away at 8.30 p.m.—the room was locked up, and the key given to me—up to that time nothing was moved in the room except my husband's body, and my moving of the knife from the floor to the bench—I took two watches from the drawer in the bench, and two from another drawer on the opposite side of the room—that one opens with a spring, and nobody knew of it except my husband and myself—I went into the room again on the 4th; all that was moved then were the watches in the drawer in the bench, some coppers, and a few sixpences; nothing else was done—there is a shutter to the window; it had been put up on the evening of the 3rd; it is an inside shutter, and has to be put up over the bench, and slid down into two grooves—I noticed some blood on the stool on the 3rd, and also in the working bench drawer—there were also blood-marks upon the watches in the drawer—I did not notice blood on the window then—the police visited the room again on September 6th; I went in with them—I was there when the boot-last was found in its usual place; I think I went into the room almost every day after it—I did not look into the chest of drawers, which is opposite the working bench, where my husband kept some papers—on September 18th I took some newspapers from the floor, which had been placed round my husband's body, so that the doctor should not step in the blood—I found under the papers this watch in a white cotton bag, which was very much stained with blood (Produced) it lay at my husband's back among the papers—I handed it to the police—the watch is one of the two belonging to Mr. Schneiter—except the scuffling of feet, I did not hear any other sounds from the workshop—I did not hear any sounds which would be occasioned by this piece of iron falling—the floor was of very old boarding; if the iron had fallen, I should have heard it; it is such a small house—I saw blood-stains on the window from the outside; I did not see them from the inside, because the shutter was not taken down for two or
three weeks—the stains were above the level of the bench—I do not know of any invoice or cheque for any sum of money—my husband had a very small banking account at the savings bank, where they do not issue cheques.
Cross-examined. I believe the window of the workshop was open 3in. or 4in. from the top—the front door was open during work hours, but not during meal times—the door of the room leading into the passage was wide open—this iron was never used for any purpose connected with the door—it is not necessary to move the bench in order to adjust the shutter of the window—I understand French—I cannot swear that the prisoner was in conversation with my husband on the doorstep for an hour, but nobody else came to the door while they were there, and I heard two peoples' footsteps, while they were still in conversation, go into the workroom—I heard a word or two now and again, but not enough to know what they were talking about—those members of my husband's first family who are not married work for their living—the floor of the workroom is very dusty—I used to clean it, but not very often, because the dust which was raised was very injurious to the watches, and my husband would not have it done often; the dust accumulated very quickly—a new floor has been put down now as nobody would take the place as it was—the floor would be very dusty in a couple of days—I do not think the prisoner and my husband were talking on either occasion that I went into the room, but I cannot swear to it—I said at the Police-court that they were on friendly terms, because my husband was working; if they had not been friendly he Would not have been working—if I said at the Police-court that they were talking in French at 3.30, it is correct—when my husband was working he sat facing the window—when I went in he was not annoyed with me—he helped all the needy, whether they were old or young, but he tried to find work forthe young ones before giving them money, because he thought it best to do so—my husband was a Socialist—I am not particularly clear what a Socialist is, but he certainly was not an Anarchist, as the prisoner's statements seem to indicate—I was at the funeral—there were many persons there; I saw very few of them—I only knew a few of them—there was a Mr. Bernard there, and Mr. Hymer, a German; Mr. Watts, a Socialist; Mr. Burrows, a Socialist; Mr. Lasassie, who is a member of the Old International Club; I do not know any others by name—there were three mourning carriages, and, I believe, one cab—Mr. Bernard is a very old friend of my husband's; he is a Frenchman—I think he is something in the French Government—Mr. Hymer is a bookbinder, I believe; I think he is a Conservative—when I went into the room the conversation between the prisoner and my husband ceased, because my husband spoke to me—when I started to go up the stairs after the commencement of scuffling I heard what I thought was a fall, but it finished up the scuffle—it was not quite a fall; it was like a push against a partition—it was not more than two minutes between the scuffling, and my running after the prisoner—I cannot say from what part of the room the sound of the fall came—I ran after the prisoner, because I thought he must have stolen something, and if he was allowed to get away it would be lost—when I returned I thought my husband was dead—I did not move the body; I only shut his eyes—as far as I remember, his right arm was down at his side—I am quite certain his arms were not
curled beneath his head—the knife was lying under the bench, and I put it on the bench—it was after that that I saw Mrs. Daniels—I found it before the doctor came—I made some additional statements, and gave them to the police—I did so, hoping they would make matters clear—I wrote the things down without being requested to—when I went into the room, when the prisoner was talking to my husband, the drawer in the bench was shut both times—he could not work with it open—there were blood-stains on the watches in the drawer, and on the money in it, and a little tin box had splashes on it—I do not know chat the piece of iron had blood on it; the stool had—my husband always kept old newspapers on the benches—when I picked them up from the floor I picked them up en masse—I have burnt them since—it was unusual to find watches which had been left with my husband to repair anywhere except in the drawer—I do not know what work he was engaged upon when I went into the room; his back would be to me—I cannot swear when I last saw the boot-repairing iron before the murder—I think I should have missed it if it had been moved from its usual place—I used to draw the money from the bank when any was drawn—I did not draw it very often, perhaps every two or three weeks, only small accounts for housekeeping—I think the amount I last drew was about £2—when you want to draw money you have to sign an order which the bank gives you, and then you go to another part of the bank and draw the money, or you can send the order signed—my husband used to sign the paper which he got from the bank, and I would take it and get the money; nobody went except myself—I cannot remember when I last drew any money out before September 3rd, but it was not more than £2; it was never more than that.
FRANCES DANIELS . I am the wife of Henry Daniels, and live at 6, Lower Charles Street—I knew Mr. and Mrs. Jung; they lived next door but one to me—I was at home about 3.55 p.m. on September 3rd—I heard a scream—I ran into the street, and saw some people standing by the door of No. 4—I went to the door and into the passage—Mrs. Jung went into the workroom door and stepped over the body of the deceased—she went towards the window—I saw her pick this knife up from the bench—she showed it to me (Produced)—she laid it down again on the bench—after a little while the prisoner was brought io—I stayed all night with Mrs. Jung—I was there when the doctor came—it waa before that that I had seen the knife.
Cross-examined. When Mrs. Jung picked up the knife she said to me that she had found it on the floor under the bench, and had picked it up from there and put it on the bench before I got there.
CHARLES HENRY NORBURY . I am a jeweller, of 54, Arlington Street, and am employed in the day time at 7, Ryden Crescent, which connects St. John Street Road with Rosebery Avenue—on the afternoon of September 3rd I heard some whistles being blown—I ran out into Ryden Crescent—I saw the prisoner turning the corner of St. John Street Road from Rosebery Avenue—he was running; he had no hat on—I followed, and, seeing him turn down St. John Street Road, I retraced my steps into Ryden Crescent, and there saw him coining towards me—when he saw me he stopped; he was very much exhausted—I spoke to him, and he spoke
to me in a foreign language, which I did not understand—Constable Bevan came up and took him into custody.
Cross-examined. I saw blood on the prisoner's wristbands.
FRANCIS BEVAN (107 G). On September 3rd, about 4 p.m., I was in St. John Street Road—I heard a police whistle in the direction of Ryden Crescent, and I saw the prisoner running from the direction of St. John Street Road—several people were in chase of him—he passed me, and went into Ryden Crescent, where the last witness stopped him—I took him into custody—there was a quantity of blood on his hands and on the cuffs of his shirt—Police-constable Troughton came up, and in consequence of what he said we took the prisoner to 4, Lower Charles Street—we were met at the door by Mrs. Jung; she spoke to us, and we took the prisoner into the front room—we remained in the house about five minutes, when we took the prisoner to the City Road Police-station—he said something on the way in a foreign language, which I could not understand—an interpreter was obtained, and the prisoner was charged—I searched him, and found 6d. in silver and 3d. in bronze on him.
Cross-examined. Except the money, I found nothing of value on him—he had seven common studs on him, worth, I should think, about three for 1d.
WILLIS TROUGHTON (159 G). On September 3rd, about 4 p.m., I was on duty in Spooner Street, Clerkenwell; I heard a whistle blowing and a woman shouting—I saw the prisoner running in front of the woman from the direction of Lower Charles Street; he went up Thomas Street, through a recreation ground and into Rosebery Avenue, then he went into St. John Street Road and into Ryden Crescent—he was running the whole of the time; I followed him, blowing my whistle—in Ryden Crescent he was stopped by Mr. Norbury—I saw some blood on his shirt sleeve and hand—I took him with Police-constable Bevan to 4, Lower Charles Street, where I saw Mrs. Jung; she made a statement, after which I went into the workshop on the ground floor—I saw the deceased lying on the ground, with his back to the door; when the door opened it just touched him—there was a large quantity of blood near his head and back—I saw a wound on the right side of his neck—so far as I could see at the time; he was dead—I saw this clasp knife on the bench in front of the window; I took possession of it—the larger blade was open; there was blood upon it—the prisoner was taken away by Bevan and another constable—I remained in charge of 4, Lower Charles Street till 9.20 p.m.—I noticed blood on the bench in front of the window, in the drawer, and a few splashes on the top of the bench—there was blood on the stool—there was another knife on a chest of drawers by the deceased's head—it is a small clasp knife (Produced) it was open—there was a small quantity of blood on it—while I was there the Coroner's officer came for the purpose of seeing and removing the body, which was done shortly before I left—I then left the room in charge of Mrs. Jung—I shut the door, but did not lock it—Mrs. Jung kept the key.
Cross-examined. I found the second knife about 8 or 9 o'clock, and the first about 4 o'clock—I did not notice this piece of iron—it was daylight when I got there, but I put a sheet in front of the window, because
people were looking in—I made an additional statement, because I was asked to do so by my inspector—he did not dictate to me what I was to say, I said what I knew—I was asked questions, and I answered then
JOHN BRYANT (11 GR). I act as Coroner's officer for the Clerkenwell District—I got information on September 3rd, about 8.30 p.m., and went to 4, Lower Charles Street, with Mr. Ward, an undertaker, and the body of the deceased was removed to the mortuary—the room was in charge of the police—we did not move anything in the room except the body.
Cross-examined. I saw some newspapers near the body—I did not see a cotton bag—the room was very dark at the time.
EDWIN GREEN (Police Inspector, G). About 4.30 p.m. on September 3rd I went to 4, Lower Charles Street—the police were in charge of the premises—I examined them—I saw no signs of a struggle having taken place in the room—I saw the prisoner, about 5.30 p.m., at the City Road Police-station—his wrist-band had blood on it, and there was a spot of blood on the front of his shire—it was not till 8.30 p.m. that he was charged, an interpreter having to be found—Mr. Pembo was found, and the prisoner was charged—when he was charged the knife was on the desk, and he said in French, "That is my knife"—that was the larger one—the inquest took place on September 5th—after it was over I was with the prisoner and Mr. Pembo, when the prisoner made a statement, which Mr. Pembo interpreted, and I took down in my note-book—(Read:"We were four of us Anarchists frequenting Jung's house; deceased used to give us instructions as to our movements. Two were to start for Brussels last Saturday or Monday, but only one could go at the time, and that was the man Dotts. I think he is a Gennan, aged about 25, about my height, and he started for Brussels to try and murder the Czar, who is due to come to France. This man has been specially sent by Jung to await the arrival of the Czar, and another man, a Swiss, was to go and join him. I did not know the name of the Swiss, but he is the father of two children, and lives in Soho. Jung used to pay for the lodging of Dotts. I do not know the name of the street, but it is on the other side of the water, and I have shared his lodgings for six days. The fourth man is known under the name of 'Gustave, the Anarchist', and he lives in a street, No. 40, of which I do not know the name, but it is near to Victoria, on the other side of the water, and they change the omnibus horses almost next door to it. There is another Anarchist whose acquaintance I have made when frequenting the house of Jung. He is a native of St. Malo, and is a watchmaker by trade, and the deceased has, or had, his tools, as he was going to send him away also. On the morning of the murder the deceased made out an invoice for £10 10s., and said that he was going to cash it, and give me the money in order to dress myself decently for the job he wanted me to do. He said to me, 'All the misery of the Transvaal War is due to Mr. Chamberlain; we must make an example of him. You are going to wound him seriously, though without taking his life.' I made the acquaintance of Jung through Dotts. One day, after I had left my work at the Cafe Monico, I was talking to a girl opposite the Swiss Cafe. Soho, when Dotts, who happened to know the same girl, took part in the conversation. After a time the girl left us, and Dotts asked me to go and have a drink with him. I casually told him
that I had lost my occupation, and he said, 'It is very stupid of you to work; come with me, and I will take you to a house where you will get plenty of everything without having to do any work.' He then took me to Jung's house, and introduced me to him. will swear to every word of this statement. (Signed) MARTIAL FAUGERON"—I saw the piece of iron at 4, Lower Charles Street, on September 3rd—it was standing underneath the bench in the left hand corner of the room, looking towards the window from the door—I did not examine it on that day—on September 6th I went again to 4, Lower Charles Street—I saw the piece of iron in just about the same place as I had seen it on September 3rd—I examined it—I saw it was dusty before I moved it; when I touched it the dust soiled my hands—I replaced it again then; I noticed there were stains on it—I took it away on the 12th—I kept it till September 27th.
Cross-examined. The whole of the prisoner's shirt was not saturated with blood—I did not refer to the iron at the Police-court on September 11th because Mr. Pembo advised me not to—my report continues. "At this time the two warders who were in charge of the prisoner stated that their cab was waiting, and that they must go; hence the reason of the conversation ceasing. As stated in other reports on this matter, the prisoner does not speak English; therefore any information we required we could only obtain through and with the assistance of the interpreter. Thinking this information might have been important, we at once went to New Scotland Yard, and saw Inspector Quinn, of the special branch, but none of the names in question were known in the office. During the time the prisoner has been in custody, and throughout this conversation, he could not or would not give any particulars of names or addresses or any other material upon which we could make any inquiry, although professing to be anxious to assist us in every possible way"—the prisoner said he was helping us by telling us of Dotts and other things—I was present at the house on the day of the funeral—I did not go to Finchley with it—there was a considerable crowd—I was in charge of the police—there were two or three coaches in the procession, and three or four people in each—I only followed to Upper Street, where the police were dismissed—I noticed some newspapers in the workroom; they were put over the blood on the door—I did not raise them—I did not see a linen bag there—I had only seen the deceased once before—I did not make a list of the things in the room which had blood upon them.
BENJAMIN MORGAN (Detective Inspector, G). I went with Inspector Green to this workshop on September 6th—I was present when he found the iron—it was standing under the bench in the left hand corner of the room, looking from the door—Green showed it to me; it had two or three stains on it, apparently blood, and it was covered with dust—I should say it had not been moved for some time—I searched the room, and particularly the bench, where the deceased had been working, and also the chest of drawers—I did not find an invoice or a cheque referring to any sum of money, or any document of the kind, or any bill made out to anybody for any work—I did not find anything to suggest that the deceased had belonged to a dangerous gang or class.
Cross-examined. I looked all over the room for a piece of paper—there
were some old newspapers on the floor—we did not find this gun metal watch underthem—I searched through the papers—the papers were adhering to the floor through the blood—I did not detach them—we reported the case, and the gentleman conducting the prosecution said he did not think the piece of iron had any bearing on the crime, and we did not call evidence in respect to that—I was not called before the Magistrate or the Coroner—I should say that two days would not be sufficient to make the iron as dusty as it was.
Cross-examined. I did not raise the paper from the floor.
The prisoner's statement before the Magistrate:"What I have to say before the Jury I can say here, therefore I wish to say it. I wish to state how I made the acquaintance of the deceased. About six weeks ago I was standing in front of the Cafe Suisse, near Piccadilly. I had been out of work for a few days then, and I met there a woman whose acquaintance I had made in France. While I was speaking to her another man, who happened to be acquainted with her, joined in the conversation. After a few minutes the woman went away and left us. The man with whom I was left took me for a walk for about half an hour, and then we came back together to the Cafe Suisse, where we had a drink. I told him I had just lost my situation at the Cafe Monico, and I should like to find some work. He said, 'What do you want to work for? You can live in London without work; I can take you to a house, where three of us are in the habit of going, and which we are in the habit of calling "God's House." There you will find everything you may possibly want, provided only that you promise its owner to do as he directs.' He left me then, but made an appointment to meet me there on the morrow at 2 o'clock. I met him at 2 o'clock next day, but he was not alone; he was accompanied by two others. He said to the other two, pointing me out, 'This young man I am going to make acquainted with the president of our society.' The two newcomers left me after some time, and I started with my new acquaintance, and we came by'bus to a spot near the house of the deceased. When we reached the workshop of the deceased I was introduced by my companion, and the deceased said he was very pleased to make my acquaintance. He asked me where we came from, and I said, 'We Came from the French quarter by 'bus.' He pointed out to me that it was absurd that some people should have their pockets full of gold, whereas others had no money at all, and he added, 'There must be equality for everybody.' He asked me if I could read or write, and on my answering in the negative, said, 'You must come and see me often, when I will teach you a good many things.' Then, in order to show his pleasure to Dotts, the man who took me to the house, he gave Dotts £1, and gave me 15s. He saw us to the door, and then told me, 'Come here as often as you possibly can; you can also come of a Sunday, but if you don't see me at the workshop don't knock at the door.' I have been to his house five times in all. The third time I was there a youngster came and called the deceased; he excused himself by saying he was wanted elsewhere, and I must go back to him the following day. Every time I used to go to his
house he spoke to me always in the same station. The last time I was there, last Tuesday week, the 3rd of this month, I met him standing at his door. After remaining on the doorstep for five or ten minutes at the very outside, be asked me to come inside his workshop, and said, 'Either this will be the last time you come here, or you will be able to come as and when you please.' When we were inside he asked me not to speak too loudly, and began mentioning the name of Chamberlain and the Transvaal War. He said, Don't you think all the misery of that war is due to Chamberlain, and that he deserves to be stabbed, just to feel a little of the misery he inflicts on others?' He added,'I am not rich myself, but I will undertake, through intermediaries, to guarantee a fortune to the man (un brave) who will do that deed.' He then took bold of my hand, and pulling out a drawer, he showed me that he had made out an invoice for £10 8s. or £10 10s., and he said, 'This amount will be placed at your disposal, so that you may dress yourself decently, in order to accomplish the end in view.' On that he sat down and said, 'It is wonderful bow I have changed within the last three years. Nevertheless, don't be afraid, you won't be alone in that business; you will have the help of a Swiss who is the father of two children, You won't see Dotts any more, because he has left last night, in company with another, to go and accomplish their duty, and I hope you will do the same, with the help of the other man I am going to give you.' He said, 'I mentioned Chamberlain to you; what do you say to that?' I answered, 'I could not do it.' Then he said, "I must have handed you about £5 in money since you have been in the habit of coming here; give me back my £5, and then we will be as good friends as if nothing bad happened. 'I told him that I had spent the money, and he knew that I had no money. The deceased then said, 'You must give me the money, or you won't leave this place.' The deceased then went towards the door, to close it, and in the meantime he armed himself with a piece of iron in the form of an anchor. He then said that he was quite old enough to kill somebody, considering that his children were grown up and were working for their living. He thereupon threw the piece of iron, towards me, and while dodging the blow I slipped on something and fell under the counter. When I was on the ground he came threateningly towards me, and it was then that I pulled out my knife with my left hand, opened it with my teeth, and gave the blow. When he was approaching me the second time he said, 'A good many others like you have done me before, you rascal,' and these were the last words he spoke. I say that I committed the crime, and I plead guilty to it, but I add that when I committed the crime I was on my legitimate defence; I never intended to kill him. Unfortunately I gave him a blow on a vital part. I regret it very much, not for the deceased, but for his family. That is all I have to say, and, according to my idea, I have rendered a great service to Europe."
CHARLES PEMBO . I live at 8, Argyll Place, Regent Street, and am the official interpreter to the North London Sessions—on September 3rd, about 7.45 p.m., I was called to the City Road Police-station—I saw the prisoner and several police officers there—I was told the charge against the prisoner
by the inspector, and I interpreted it to him; he made no reply—while I was interpreting the charge this white-handled knife was produced by a police constable, and the prisoner said in French, "That knife is mine"—I was present at the inquest—Mrs. Jung gave evidence, which I interpreted to the prisoner as she gave it—she said in English that she saw the prisoner run out of the door; I interpreted that to the prisoner, and he said, "Yes, it was me who ran out"—after the inquest I was in the yard out ride the Court at Clerkenwell—the prisoner was in a room in charge of two warders—I went in, and the prisoner asked me if I knew when he would appear before a jury—I told him that before appearing before a jury he would have to appear once or twice before the Magistrate—he then said, "I wish to let you know how I became acquainted with the defunct"—he began the statement which has been read—I asked him if he objected to its being taken down by the police—he said, "No; I wish it to be taken down in writing; I will sign it and swear to it"—I translated what he said word for word, and I saw Inspector Green taking down from my dictation—on September 11th, before the Magistrate, this small knife was produced—the prisoner disclaimed proprietorship of it—he said, "The one with the white handle is mine; the other does not belong to me; I never saw it before"—he was then asked if be would make a statement in the usual course—he did so, and I translated it sentence by sentence while the Magistrate's Clerk took it down—the statement just read is the one—on September 3rd, at the station, I asked the prisoner whether he had been for a long time in England—he said for about two months only, and that he had left the military service in France only a short time ago; that he had served in the Marine Artillery; that he was a hairdresser by trade; that he came to London to find work in that line, failing which, he accepted the offer to act as under-waiter at Monico's Cafe; that he lost his situation there after four or five weeks, and he was looking for work when the occurrence in question happened, and that he had been running errands and frequenting railway stations in order to obtain jobs—I asked him where he had been sleeping—he said he had had no domicile for several nights, but that the night before, that was September 2nd, he had slept in a lodging-house, where he had had to pay 6d. for a bed—he gave his age as 23.
Cross-examined. The prisoner claimed ownership of the white-handled knife twice, to my knowledge.
LESLIE HADEN GUEST . I am a registered medical practitioner—my address is now in North Wales—I used to live at 89, Goswell Road—on September 3rd I was called to 4, Lower Charles Street—in the workshop I saw the deceased lying on the ground on his left side, with his face turned away from the door—his left arm was curled up under his head, his right arm was hanging loose by his side; his body was still warm, but he was dead—there was a very considerable quantity of blood round the upper part of his body on the floor—after pulling away his working smock I saw a wound on the right side of his neck about half-way between the jaw bone and the collar bone, and 3in. in length—I only made a short examination then, which was corroborated by my subsequent examination—it was an incised wound penetrating all the tissues of the spinal column, including the internal jugular vein, the common carotid
artery, and penetrating the trachea—it was a very severe wound indeed, and must have been inflicted with considerable violence—it could have been inflicted with the larger blade of this knife—I saw blood on other parts of the floor, and also on the stool—I did not notice the drawer or the window—when I got there the room was darkened—I cannot say from the condition of the wound what position the deceased was in when the blow was inflicted—I saw no signs of a struggle in the room—a man who had received such a blow as this would not be capable of standing for long—he might stand or run for, at the outside, two minutes—he could run until he dropped dead—I made a postmortem examination next day—the cause of death was loss of blood—there were no other injuries of any kind.
By the JURY. My own opinion is that the wound was inflicted from above downwards.
Cross-examined. I should suggest that the wound was from without inwards—it was below the level of the prominence in the front of the throat—it was the largest artery in the neck which was severed—the blood from that artery would spurt out very forcibly—there was no blood immediately round the wound when I got there, although there was blood in the wound—the blood which had come out had trickled backwards over the back of the neck; that would suggest that that part of the neck was lower than the rest, but the quantity there was very small, and it might have welled up out of the wound—there would be trickling, after the man tell down—there was a clot of blood in the wound; that would not distend the edges of the wound—the wound was deeper towards the inner end—if the skin were tight, the knife would rip it up—I think the edge of the knife was directed towards the inner line—the blood near the window might have been shot out of the blood-vessel—the room was so small that blood spurting anywhere, wherever the man was, might have reached the walls and possibly the ceiling—I did not see any on the ceiling—I think the deceased was leaning over the prisoner when the wound was inflicted.
Re-examined. I think it more probable that the wound was inflicted when the prisoner was standing over Jung, not Jung over the prisoner.
By DR. O'CONNOR. I think a man could inflict a wound like this if he was lying as the prisoner describes his own position, but not without difficulty; I do not think it probable in this case.
JAMES SCOTT . I am Medical Officer at Holloway—the prisoner was detained there after September 4th—I got a request from him to write a letter for him—I went to his cell and wrote this letter for him in French at his dictation, and he signed it—I forwarded it to the Director of Public Prosecutions, at the prisoner's request.—(This, being translated, was addressed to the Director of Public Prosecutions, and stated that he had learned that the police had not found the piece of iron which the deceased had thrown at him; that it remained near the deceased's body after his death; that it was in self-defence that he caused the death of the deceased, and that, if he was taken to the scene of the murder, he would point out the size and shape of the piece of iron, and, if necessary, draw a sketch of it.)
showed it to the prisoner—I speak French, and when I showed the prisoner the iron he said, "That is the iron I referred to in my statement before the Magistrate at Clerkenwell Police-court"—he then made this statement in French', which I took down and he aligned—(Translation read: "Jung and I were in conversation at the bench in front of the window at which he was working, and this conversation continued till about 3.30 p.m., when the dispute arose between us. In the course of the dispute Jung asked me to return to him the money which he had advanced to me at different times to the amount of £4 18s., viz., 15s., 47s., 15s. and 21s., and I told him I had no money. It was then that Jung went to the Workshop door, which he closed and put his back against, and then for the first time I saw this iron, which, as I have before stated, was lying behind the door. We had come to very high words, and Jung was very angry. He then picked up this iron and came towards me as I was standing by the bench, close to the spot where Jung had been working, and he threw the iron at me, and it fell on the floor underneath the bench, close to where he had been working at the extreme corner of the room from the door. When he threw the iron at me, I to avoid the blow, slipped down on to the floor on my right side, with my right arm underneath me, and as he was following me in a threatening manner I took the knife from my outside left-hand jacket-pocket with my left hand and opened the blade of the knife with my teeth, and as he was leaning over me I stuck the knife into his neck. He then fell back on to the floor, the blood pouring from his neck. I then got up from the floor, opened the door, and rushed out into the street, followed by some person shouting, and later on I was stopped, and taken in charge by the policeman. I cannot read either French or English, and I do not know what was on the invoice or cheque to which I have referred in my statement before the Magistrate beyond what Jung told me. Jung had previously opened the first drawer in a chest of drawers near the door, and he took out of it the paper which I have mentioned; he doubled it up and held it, so that I could see it, and said to me, 'I have thought of you,' and I replied to him, 'Then you work for us.' Jung said, 'No, no; it is an advance, and I shall be repaid.' Jung told me that the paper he held in his hand was for £10 8s. or £10 10s., and that if I called upon him at 10 o'clock or 11 o'clock the following morning or the afternoon, I should have the money. But when I refused to do what he wanted me to do, he asked me to return to him the money he had already advanced, and, as I have before stated, the quarrel then began. Jung then put the paper back into the same drawer, and shut the door, and commenced the attack upon me. When Jung gave me the sums of money I have mentioned he always paid me in coins, and never at any time any paper. The only person who ever went to Jung's house with me was the man Dotts, whom I mentioned in my statement before the Magistrate, but I never knew where he lived, and I do not know where he can be found. This has been read to me ill French, and it is all true, and I have signed my name to it as being true."
Cross-examined. This is the first time I have been heard in this case in Court—I have not visited the workshop—I have lived five and a-half years in France.
—WRIGHT. I took this piece of iron from the last witness, and submitted it to Mr. Guest.
L.H. GUEST (Re-examined). I examined this piece of iron—there were stains upon it—two of them yielded crystals showing the presence of blood.
The prisoner, in his defence, on oath, said that when he struck the deceased he did so in his legitimate defence, and repeated the facts as given in his statements. He admitted that he had deserted from the French Army in 1899, and was condemned to five years' imprisonment in France, for abuse of confidence, falss declaration, and for being the bearer of false papers. He also stated that the words in his statement "We were four of us Anarchists," were incorrect: and that he was not an Anarchist.
BENJAMIN MORGAN (Re-examined). I have been within the last hour to 4, Lower Charles Street, and have brought back with me the top of the bench in the work room (Produced)—it is the one which was in front of the window.
GUILTY .—Recommended to mercy by two of the JURY.— DEATH.
OLD COURT.—Wednesday and Thursday, October 30th and 31st; and Friday and Monday, November 1st and 4th, 1901.
The SOLICITOR-GENERAL, MR. SUTTON, MR. MATHEWS and MR. BODKIN Prosecuted; and MR. AVORY, K.C., and MR. FULTON appeared for James, MR. LEYCESTER for Davies, and MR. C.F. GILL, K.C., and MR. MUIR. for Coram.
GEORGE RICHARD GRIER . I am a captain in the Army Service Corps—since October, 1899, I have been stationed at Hobbs' Point, Pembroke Dock, at the upper end of Milford Haven—at Hobbs' Point there are offices of the Army Service Corps—Davies was employed there under me—he was a corporal, with the local rank of sergeant—there are also offices at Hobbs' Point of the Army Ordnance Department—large quantities of ordnance stores are kept there of every description—there is a wharf attached to the stores for the purpose of trans-shipment of goods—there are a number of forts in Milford Haven for which stores from time to time are required—immediately outside Hobbs' Point there is a place called Neyland—there is a steam ferry between Hobbs' Point and Neyland which belongs to Coram & Co., whose offices are at Neyland—for some years they have held the water transport with the Army Ordnance Department and the Army Service Corps—they had the transport of stores from the Ordnance Wharf at Hobbs' Point to the different forts—I knew Coram and James; I had to see them on matters of business—I went to their offices occasionally—I think James might be called Coram's managing clerk—nobody else was in the office, to my knowledge, except Coram and James—they sat in separate rooms—Davies was employed as clerk under me in charge of the office duties—under Davies
there was a civilian clerk, named Hopkins—it was the duty of the Army Service Corps to arrange for the transp ort of stores both by land and by water—the requisitions for stores from the forts went to the Ordnance Department, where an issue note was made out—I believe it was the duty of the person making out the issue note to specify the goods, and their weight or measurement—they also made out a carrier's note, and the person making out that, should specify on it the goods, and their weight and measurement—it was not their duty to put in the carrier's name—the carrier's note was then sent to us without the carrier's name—the carrier's notes would come into Davies' hands—he would be acquainted with the contractors who held the various contracts for transport, and it was his duty to fill in the contractor's name—he should then enter in a book, called Army Book 226, the particulars of the carrier's notes—there would be the date of the receipt of the note, the goods, the weight or measurement, the carrier's name, and the destination—he should then bring me the book and the carrier's note, and my duty would be to see that the voucher was entered correctly, and to put my initials into the book—I would take the book, and Davies would call out the particulars on the notes to me—he would then send the carrier's note to the contractor, whose duty it was to carry the goods—I believe the notes were generally forwarded by passing them to Coram's ticket collector on the ferry, to send across by the next boat—it was not Davies' duty to take the notes across—it was no part of his duty to go across to Coram's office without my permission, during business hours—I remember him only going over on one or two occasions; that was with my permission—the contractor's bargeman, or captain of the steamer, or whoever received the carrier's note, would then take it to the wharf for the purpose of loading the stores, which would be done by the Army Ordnance Department—the carrier's note would tell the contractor's bargemen where to take them—it was his duty to get the consignee's receipt for them—he would get the receipt on the carrier's note, which was kept as a voucher until the account of the contractor was sent in to our department—Coram's accounts were sent in quarterly, and when they were sent in there should be the whole of the carrier's notes making up the items of the account—they would come into Davies' hands, and it was his duty to examine the accounts and check them by the vouchers and to see whether the charges made were in accordance with the contract, and to see if a proper rate was being charged—the conditions of the contract were so much for the ton or 40 cubic feet measurement—the goods would be charged by the weight or measurement; whichever was the most would be charged—if any query arose on a bill it was Davies' duty to bring it to my notice, and also if there was any difference between the accounts and the various entries in Book 226—he would also enter the amount of the account with the carrier's name and date in a book called the bill book—he would then bring the bill book and the account to me, and my duty would be to see that, it was entered up into the bill book correctly, and to sign the account—the bills are made out on forms supplied by the War Office—when I certified the accounts as "correct in all particulars," all I knew was that the bill corresponded with the bill book, and that Davies told me it was
all right—I did not know if the entries were right or wrong, except as regarded the rate, which I carried in my head—as a matter of practice, I did not look through the vouchers when making out the account; I did now and again—it was not Davies' duty to summarise the vouchers—Exhibit No. 3 is a voucher for some cases of fuses, and underneath their weight and measurement I find a list of 12 other items which correspond with a number of sub-vouchers, which were summarised on this sheet—it was not Davies' duty to do that, but it saved the trouble of looking through the sub-vouchers—I did not look through the sub-vouchers—I think Davies explained that it would save a number of entries in Book 22G, so he lumped them together—that was not light—I did not order him to alter it, because I did not know that it was not right—he informed me it had been done on some previous occasion—the accounts were forwarded to Devonport, and if the accounts were over £100 they were forwarded from there to London—payment would be made by the War Department at Devonport if they were under £100, and from London if over £100—I believe payments were made by pay warrants direct to Coram—it was not Davies' duty to measure goods which were loaded on the barges—if any stores arrived without any note at all, it would be his duty to measure them and to obtain a carrier's note as soon as possible from the consignor, whoever he might be, to cover the transport—the word "covering" would be written on the note—About the end of April or the beginning of May last there was a query in reference to one of Coram's accounts; it was in regard to a bill for £96 3s. 4d., up to March 31st, 1901—I pointed out certain alterations to Davies in the vouchers, which increased the weights by altering the figures of the stores carried—he could not say whether the whole of the alterations were his or not, but those that were his he had made because the weights given by the Army Ordnance Department were incorrect—he said he had been in the habit of measuring the stores with the assistance of the Army Ordnance foreman, named Law, and had so discovered the discrepancy, and that he had altered the weights, so that Coram should be correctly paid—the alterations in this bill were all in the same direction, to get more money for Coram—Davies said the stores were at the Ordnance Wharf, and that he had measured them there after they had been placed on the barge—to a certain extent I accepted that as an explanation of the suspicion of fraud which was arising—I said a great deal to him, but I cannot remember all I said now—I went through the account for £96 3s. 4d. item by item, after which I went to Coram's office; I think it was in the earlier part of May—I saw Coram there, and called him outside the office into a sort of yard—I had not seen James that morning before I began to speak to Coram—I told him that various alterations had been brought to my notice in the account for £96 3s. 4d., which involved over-payment to him by the Government, the weights in the items having been increased—I said I had seen Davies, and had asked him for an explanation, and that Davies had said that the weights had been altered to include the excess weight which he had found on the barge—I said I was most anxious to get to the bottom of the matter, and asked him if his bargeman could assist me by throwing any light on the matter—he said, "Let us call James; he manages all
these things for me"—he called James out of the office, and I repeated to him what I had said to Coram—James said the weights were charged as they were received from Davies, and, from what their bargeman had told them, they had carried hundreds of tons for the War Office more than what they had been paid for—so far as I remember, I left them then—I went and saw Coram once wore—I do not remember if it was after the matter of the target had been found out—at a later date I told Coram that his contract was to be stopped—I also had after the bill for £93 3s. 4d., some queries about a bill for £180 7s. 7d., up to June 30th, 1900, in which the target is included—I should think the charge for towing a Richardson Record target from Hobbs' Point to Popton would be about £2 or £3—when this bill came before me with the queries I asked Davies how he came to pass the charge for towing as a charge for freight—he said it had escaped his notice when he examined the bill—on the bill it is entered as 163 tons 32 ft, which, at 5s. a ton, would be £41—after that I met James casually outside the railway station at Neyland—at that time I did not know that the War Office tug Drake had towed the target—I asked James how he came to make such an enormous charge for towing the target to Popton, and I mentioned the amount—he said he regarded it as a fair charge under the terms of their contract, and that as no query had been raised, he gathered that the War Office had admitted the charge as fair and reason able—the account had been paid then—I do not think I said any more then; I had to catch the steam ferry at the time—I expressed my surprise that he should have done so—in the account for £180 7s. 7d. the charge is made for freight, and not for towing, which would mean that it was carried on board a barge—the targets are frameworks of wood which float in the water and are towed up and down by tugs, to be fired at by the forts—this is a photograph of one (Produced); you could not get them on a barge; they are not taken to pieces—I saw Davies again about the matter, and asked him how he came to pass the charge, and he then said he had passed it as a fair and reasonable one under Coram's contract—not more than two weeks elapsed between the time I saw James, and when I saw Davies the second time about it—I cannot remember having had any conversation with Coram about the target—when the questions about the account for £180 7s. 7d. arose Coram's contract was stopped—that was about the middle of May, 1901—I wrote to him about it, and saw him afterwards—I told him I had orders not to employ his firm any longer in conveying stores, in consequence of the inquiries made into his accounts and the discovery of the over-payment which had been made to him—he said he was unaware of any over-payments having been made, but if any had been made he was ready to refund them to the public—I had suggested that to him, and I suggested that he had letter write and do so—I never suggested to him that he had been paying Davies anything—after my conversation with him I heard something about the Drake having towed the target—I told Divies that I had been informed that the Drake had towed the target—he said he was confident that the service had been carried out by Coram & Co., and that the other clerks in the office were aware of that fact—in May I called upon Davies to make some explanation of these
alterations—he made this report voluntarily on May 30th, 1901—(This stated that the toted tonnage shown on each of the vouchers of the account for £96 3s. 4d. from Coram was correct, and had been measured by him; that he had carried out that duty since relieving Sergeant Ashby in 1899, and that he was usually assisted by one of the A.O.D. subordinates; that he was most careful in taking the measurements, folly understanding that upon them the contractor was paid; and that he did not superintend the loading or unloading of the barges, and, therefore, did not know what stores were upon them.)—a little while after that Coram & Co. wrote a letter to the General Commanding the Western District, Devonport, dated June 7th, 1901—(This dated that Captain Grier had informed Coram & Co. that he was no longer to employ them in conveying by barge any stores to or from the forts in Milford Haven, and that a sergeant had been placed under arrest for falsifying their carriers notes, so as to enable them to be paid for stores in excess of what they had carried, and that the assumption was that the sergeant had received a pecuniary benefit from them for so doing; that they emphatically denied having any monetary transactions with him or any other servants of the Government, and courted the fullest inquiry; that they accepted the carrier's notes, altered or unaltered, and that their accounts were made out according to the weights shown thereon; that they had no means whatever of knowing whether the notes were correct or not; that their bargemaster had repeatedly reported that he believed they (Coram's) were carrying a large quantity of stores for which they were not paid, as he was not getting carrier's notes for them; that they trusted the order would be reconsidered, and that if it was right or wrong they would agree, on a fair adjustment, to refund any overpaid amounts, where it was rightly shown that the alterations or errors were unjustly made.)—up to that time I had never heard that stores were being carried by Coram for which they were not paid, or that the weights on the carrier's notes were inaccurately shown—it wag no part of Davies' duty to write a memorandum to Coram unless it bore my signature—Exhibit 20 is in Coram's writing—(Read) "Bill for hire of steamer. £114 passed for payment yesterday. You will have to render another one for two days on this month, 1st and 2nd. Bill for £104 odd transport passed for payment this day. C. E. DAVIES, Corporal A.S.C."—in the corner is written "Corrected account received August 18th, 00, J. A. C."—those are Coram's initials—I remember an account for £104 odd being passed from our department to the War Office about July, 1900—it was subsequently reduced to £95 2s. 11d.—that is one of the accounts which are being inquired into in this case—when the bill for £96 3s. 4d. came back I went through it with Davies—Exhibit 4 is the one; it is for £96 3s. 4d., rendered by Coram & Co., and is made up of 91 carrier's notes—Exhibit 3 is one of the vouchers of the bill for £96 3s. 4d.—on it there is a summary of the other vouchers in the account—the red ink figures are in Davies' writing—Exhibit 5 refers to the carriage of 80 boxes of ammunition—the green forms are kept for explosives, and the white ones for ordinary stores—the measurement here is 14 tons 20ft.—I notice that the 1 in the 14 has been inserted, making the 4 tons 20ft. into 14 tons 20ft.—the 1 is in a different colored ink—the weight of ammunition is well known—it is carried by dead weight, but it is customary to put in the measurement in the Army
Ordnance Department; I do not know what for—I see the 14 tons 20ft. is carried to the summary of Exhibit 3, and included in the total—Exhibit 6 refers to a quantity of cartridges—the amount of weight has been altered from 5 tons 10ft. to 15 tons 10ft., and the increased amount carried to the summary on the other sheet—on Exhibit 7 I find an entry relating to 360 Lyddite shells, weighing 26 tons 8cwt. 2qr. 18lb.—I see the 2 has been inserted before the 6, making the 2 into 26—Exhibit 9 is also a carrier's note for 360 Lyddite shells—there is a summary on that, and it is in Davies' writing, and the weight is entered as 26 tons 8cwt. 2qr. 181b.—the 6 has been inserted there—Exhibit 10 is a carrier's note for explosives; the summary on it is in Davies' writing—the note itself refers to a quantity of skeleton cases—the measurement is 18 tons Oft. 6in.—the 1 in the 18 appears to be inserted so as to make 8 into 18—on the same exhibit there is a voucher, No. 3a—the measurement against it is now 19 tons 18ft.—Exhibit 11 is the voucher 3a of that summary—it is for a quantity of cases of cartridges, the measurement being 19 tons 1ft. 8in.; the 1 has been inserted before the 9, making 9 into 19—Exhibit 12 is a carrier's note for 360 loose Lyddite shells, the weight against them being 26 tons 18 cwt. 2qr. 181b.; the 2 in the 26 has been altered, making the 6 into 26—Exhibit 13 is a carrier's note for 710 skeleton cases; the measurement is 29 tons 31ft. 7in.—I notice that the 2 in 29 has been altered into 3, making 39—the summary on the note is in Davies' writing—opposite the words, "Voucher No. 1," I find the same figures—I say the same about them—the 2 has been altered into a 3, and that increased amount has been added to the total weight on the summary—the first item of Exhibit 14 refers to "Stores," the measurement of which is now 48 tons 20ft.—Exhibit 15 is Voucher No. 1, and refers to a lot of loose targets, Portsmouth Pilot, without super-structure, 48 tons 20ft.—the figure 4 has been altered from 1 to 4, making 18 into 48, and that increased amount has been carried into the summary in Exhibit 14—in Exhibit 4, which is the account itself, the increased figures have been charged—I find that the total number of tons added is 110, which at 5s. a ton is £27 10s.—that account has not been paid; it has been rendered—Exhibit 2 is a carrier's note, No. 819, for 58 sets of tent bottoms, and in the bill for £180 7s. 7d. opposite No. 819 I find 87 tons are charged for—in Exhibit 2 I find there is an alteration from 57 tons to 87 tons, the extra being charged for in the account—I know of no return for the measurement of the Artillery towing target, mentioned in Exhibit 1—there were matters of Land Transport as well as Water Transport in our office—the Land Transport forms are on buff coloured paper, and are headed "Requisition for Transport (other than Sea Freight or Passages)"—Exhibits 40 and 41 are on Land Transport forms, and are carrier's notes, which are directions to the bargemen as to where the goods are to be taken—it says on the form, "Barge required to be at Hobbs' Point," at such and such a time, "to remove the above from thence to Haven Forts"—the bargemen would not know where to go as regards the forts; there are about five of them—my signature is on these documents, as the officer requiring the transport—Davies brought them to me, and when I saw the buff coloured forms I noticed that it was unusual to use them, and asked why he
had done so, as they were not for sea freight—he said the stores shown on them were stores for which transport was required, but for which he had received no carrier's notes—he said there was a precedent for the buff forms' use—I also signed them twice more, once as officer in charge of transport and once acknowledging the performance of the above duty—Davies assured me it had been carried out—at that time he was thoroughly trusted by me, and I took his word for it, without making any inquiry—I say the same about Exhibits 52, 53, and 54, which are similar buff coloured forms, except that on 52 and 53 I have not signed as to the service being performed—they purport to be signed by J. Law—in October, 1900, it was my duty to prepare Forts Popton, Hubbertson, and South Hook, for the Carmarthen Artillery Militia; they were going there for practice—it was my duty to see that sufficient bedding was at those forts, and on October 3rd I made a demand on the Ordnance Department for a sufficiency of bedding; it was required very urgently—I found that Coram's barges were not available on that day, and I arranged with them for the hire of a steamer for that day—I cannot say who I arranged it with now; their charge was £5 per day, which was then the usual charge, owing to the rise in the price of coal—Davies knew I was engaged in the transport of bedding—Exhibit 60 is the form made out in his writing for the steamer to be at Hobbs' Point at 2 p.m. on October 3rd—the stores were loaded partly on the steamer and partly on board the department pinnace—the steamer towed the pinnace to the forts—in the ordinary course a bill for £5 was sent in by Com, and Exhibit 59 is the warrant for payment—the bill for the £5 is in Davies' writing—Exhibit 61 is Coram's bill for £127 17s. 11d. up to October, 1900—in that bill I find the particulars of a carrier's note on buff coloured paper; Exhibit 62 relating to 47 tons 10ft of bedding, beds, etc., to be removed from Hobbs' Point to Forts Hubberston, etc., for use of the Carmarthen Artillery—that is in Davies' writing, and is charged for in the bill—Exhibit 63 is another buff-coloured carrier's note for 40 tons 18ft. for carriage of bedding to Fort Popton—that is in Davies' writing—that is the bedding which went down to the forts in the steamer on October 3rd—that bill has been paid and the service charged for the second time—Exhibits 64, 65, 66 and 67 are carrier's notes, and are summarised on Exhibit 64; they relate to beds, blankets, and bolsters from Pembroke Dock to Popton, Hubberston, and South Hook—only one set of beds and bedding went down to those forts for the Carmarthen Artillery in October, and that was the set which went down in the steamer and the pinnace—the total charged is £127 17s. 11d. and paid for—in Exhibit 65 the weight of the beds and bedding is 22 tons 16ft 2in.—the 1 in the 22 has been altered, converting 12 into 22—on Exhibit 67 I find an item of 19 tons 9ft. 7in.; the 1 has been put in front of the 9 making 9 into 19, so that in the third time of charging there is an addition added—in calculating the overcharge in the bill of £127 17s. 11d. I find it is £86.
Cross-examined by MR. AVORY. I cannot remember that I noticed any alteration in the vouchers before a query was made—I should have made a comment if I had noticed it, and if the alterations had been nitialled by either the consignor or the consignee—Davies said that in ome cases the notes had been altered so as to include goods for which
there had been no carrier's notes, and he said that he had on some occasions found stores on the wharf for which he had no carrier's notes, and that he had accordingly measured them and included the weight in the carrier's note that he had—Coram and James did not say anything about Davies having altered the vouchers for which there were no carrier's notes—there was great pressure of work last year in moving goods about, and also the early part of this year, but not so much—I have not been to Coram's office more than a dozen times altogether—I believe Coram's son takes part in the business; I do not know what part—I did not have any conversation with him on business subjects—I cannot say which room be was in—I understand that the target which I spoke to James about had been carried—I knew it would be impossible to carry it on a barge, and I must have said so to James—I believe £41 would have been a proper charge if it had been carried, but I have not weighed it—there was no special contract for towing goods by Coram—I did not consider James' explanation reasonable—I did not say to James, "Why, the target was never carried at all; it must have been towed"—I had no time; I had the ferry boat waiting for me—I say now that Coram never did any service of carriage or towing this target—I do not remember James calling the captain of Coram's steamer to us when I was talking to him—I do not remember James saying, "Here is the captain of the steamer; he can tell you all about it"—I know the captain well; his name is George Macken—I know all Coram's men—Macken did not say in James' presence that he remembered the target quite well, and towed it back to Hobbs' Point after it was damaged—I do not know if anybody ever hit the target; that is not part of my work—it is a long way from my office when it is being fired at.
Cross-examined by MR. LEYCESTER. The work Davies was doing last year was, I believe, formerly done by Staff-sergeant Ashley—he would be a much older and more experienced man than Davies—I went there in October, 1899—I cannot say how long Davies had been there then—he was a lance-corporal when I went there—I do not know if he was receiving 3s. 6d. a day—I never heard of any general order that targets should only be towed by Government tugs—Davies always insisted that, according to his own recollection, this target was towed by Coram—we should not send a barge for a small amount if a carrier's note came from the Ordnance Department—they would accumulate till we got a large load, which would be about 30 tons; in the meanwhile the carrier's notes would remain in the A.S.C. office—when we had got a load the carrier's notes would not be pinned together, and a sub-voucher would not be pinned to them—I cannot say that has never been done, but it is not done as a general rule—we had a lot of trouble with the documents—I know goods were sent off without carrier's notes; I cannot say very often—the 58 sets of tent bottoms would weigh 57 tons—I cannot say if they were sent away without any issue note or carrier's note—I am not prepared to deny it—Davies never took the carrier's notes across to Coram, to my knowledge—he might, perhaps, have done so; if so, it would be in cases marked urgent—it may have happened that the carrier's notes were not sent to Coram, but were handed to the age man by the Ordnance Wharf f reman—it was not a common practice—the poin✗ting of the carrier's notes was done by the
clerk—I do not know if there would be an issue note for goods brought back to the wharf from the forts; it does not concern me—carrier's notes would come to my office from the officer commanding the force consigning the goods—they ought to come before the goods—I cannot say that they generally came after, if at all—if a carrier's note was made out after goods had been sent away the note would be sent to the consignee for signature, and would be sent back to me and then sent on to the carrier—in some cases no measurement would be put in them, in which case it would be Davies duty to measure the goods—it was my duty to check the bills, but an officer there had not the time to do it; it would be absolutely impossible for me to do so; I have hundreds of vouchers—I do not think I can swear with certainty that I never noticed any of these alterations before they were brought to my notice—goods were not allowed to accumulate to 10 or 20 tons when there were mistakes and then put on to a carrier's note; that was not done, to my knowledge—there would be no difficulty in Davies getting the buff forms; they were in the office—he said they had been used before—I was in command there, but I did not know much about it—I had come in from the retired list—I do not remember that there was a large amount of other goods besides bedding sent in October to the forts—I was responsible for sending the bedding—I do not know that a lot of it was taken to the wrong forts, or that some of it was brought back to the wharf without being unpacked—I am not aware that it was Davies' duty to pay the crew of the Drake—the money would pass through his hands sometimes if it was not convenient for the master to cash the cheque; it was about £12 a week, and the money for the detachment of the A.S.C. would pass through his hands—I do not know if that would be £12 a month.
Cross-examined by MR. GILL. I understood that Davies' explanation for altering the figures in the notes was that it was to cover the transport of stores for which there had been no carrier's notes, and also to cover the cases where the correct charges had not been shown—I was at the office every day—most of the goods ordered were described as urgent—if the goods were urgent, the bargemen would take them without a carrier's note—the bedding for the Carmarthen Militia was sent back some weeks later—I knew that Coram had the business of a coal merchant and a railway carrying business, and that he held several public positions—James and Coram said that they considered they had been carrying stores for the Government for which there were no carrier's notes—I saw Coram again I think in May, and told him there had been several queries about the alterations in his account—I did not suggest to him that he should write a letter to the Government—he did not submit a letter to me of which I struck some part out; he wanted to show me a letter, but I would not look at it—I remember suggesting to him that he should write a letter; I did not see the necessity of my seeing it.
Re-examined. Davies never told me he had altered the carrier's notes before this inquiry; if he did so, he ought to have brought it to my notice, and it would have been my duty to have initialled it, or seen that it was initialled—altering the notes would make a difference in the tissue copies in the Ordnance Department—before May, Coram or anybody on
his behalf, never made any complaint that they were carrying goods more than for what they had been paid, or that they were carrying goods with out carrier's notes, nor did they ever ask me for carrier's notes for anything they had carried previously—if goods were carried without carrier's notes, it was usual to supply carrier's notes for covering, so that there would be no necessity for altering the existing carrier's notes at all.
THOMAS AVORY CUMMINGS . I am a foreman in the Army Ordnance Department at Hobbs' Point, Pembroke Dock—when one of the forts in Milford Haven' required stores, a requisition was sent in to the Army Ordnance Department, an issue note being sent, containing the weight and capacity of the goods, which are weighed and measured by one of the men under my directions—we took a press copy of the issue notes, which we retain—the carrier's note is made out in the Ordnance Office, and a press copy taken of it there, and in respect to weight and measurement it should be a duplicate of the issue note—if the carrier's note was altered after it leaves our office it would, of course, cease to correspond with the press copy—the duty of providing the transport is the duty of the Army Service Corps, and the carrier's note is sent there; while it is there the goods are taken down to the wharf to be ready for loading, which is then done—the bargeman gives the notes to the wharf foreman, who checks the goods as they are loaded; then the carrier's note is taken away by the bargeman, the foreman getting a receipt from him—we should have no press copy relating to goods coming from Fort Popton to the dock—I produce all books containing press copy issue notes with regard to the ledger stores, as I kept them—I have compared them with the carrier's notes; they correspond, except that one has been altered in relation to the carriage of tent bottoms—on page 524 "57 tons," that has been altered in the press copy to 87 tons in indelible pencil—the carrier's note has also been altered from 5 to 8—at the end of June last year I received a requisition as to towing a Richardson target to Fort Popton; that was lying on the wharf in sections—it was put together soon afterwards—I made out the issue note entered at page 460—the original sheets are kept at the War Office—they go there to vouch the accounts rendered to them—the stock is checked by the ledger to which the issue notes are posted—I delivered neither more nor less than is on the vouchers—we are continually stock-taking, almost every week all the year round—I did not specify upon the note the weight or cubical contents of the target, because the target would be towed to its destination by a Government vessel, as had been done every year before, free of charge—a short time afterwards, in consequence of what Corporal Abbott told me, I caused the target to be measured—we found it to be 362 tons 32ft.—I inserted it on the copies of the vouchers in the office, the press copy, and the original issue note, other copies going to the Ordnance Office, what we call our office: the office of the foreman of fort ordnance—there are three documents, one original and two copies, which the War Office require—I inserted it in two, but not in our own copy—I never saw this carrier's note before the inquiry—Davies filled in "Coram & Co." upon it—that would be filled in in the Army Service Office, and it would be his duty, or that of any other clerk.
Cross-examined by MR. LEYCESTER. There would be a carrier's note whether the target was conveyed by a Government boat or by carriers, with a view to giving the necessary orders to the master of the boat—the issue note is made oat before goods are sent out in nearly every case, unless the stores are urgently needed—that is done by letter—58 tent bottoms were delivered on a verbal order at their destination before the requisition arrived, and the copies made out—they were already on the wharf—we had orders to supply them at once—that is a large lot—I said before the Magistrate that the carrier's note had not been made out; that is correct—I do not deal with receipts—they keep a record at the forts.
Cross-examined by MR. GILL. Last year there was pressure during the camping season, bub not more than any other year.
Re-examined Despatch of stores is exceptional without the documents, and then we give them at the office the weights and measures, so that they can make out the carrier's note without delay—there is a memorandum on the issue note showing that at page 570, Book II. in my writing—the carbon system has been done away with, and these are press copies—the record is that the stores were handed over on such and such a day.
JOHN ABBOTT . I am a lance-corporal in the Army Ordnance Corps, stationed at Woolwich, but previously at Hobbs' Point, in the Army Ordnance Office—my duty was to make out carrier's notes for goods received from Cummings, except the carrier's name—I specified the goods to be carried, and their weights or measurements, as they appeared on the issue notes—then I press-copied the carrier's notes, and handed them on to the Army Service Corps—Exhibit I is for a loose target, artillery, towing Record—when I made that out I did not insert the measurement figures—there were none on the note—the note was sent on to the Army Service Corps—Davies brought me the carrier's note this same morning—he said he required the weight or measurement—I told him the weight was not required, as the War Department vessel, the Drake, was going to take the target—he said he required it for a return—I then obtained the information from Cummings, and in consequence wrote upon it "163 tons 32ft.," as it is now—I put it through the press copybook again—I wrote the words, "Measurement," "Tons," "Feet," and "Inches," before Davies filled in the name of the carrier—I was on the wharf when the target was towed up by the Drake about the first week in July—Exhibit 2 relates to 58 sets of tent bottoms complete—I made out that carrier's note from the issue note received from Cummings—I press-copied it at page 527, Book 4—I wrote 57 tons—there now appears a pencil alteration making it 87 tons—I had no knowledge of that alteration till after this inquiry—this book was kept in the Ordnance Office, to which Davies had access—his pay was about 3s. 6d. a day—he was a rank higher than I—my pay was 2s. 3d.—I shared a room with him for a period—I have seen Davies go to and from the ferry, from Hobbs' Point to Neyland—I noticed he had £10 or £12 in gold—I have noticed a man come from the ferry and inquire for Davies—one occasion was September 25th last year—he inquired of me, and I sent for Davies—Davies went to see him—that evening in our room I noticed Davies had £10 or £12 in gold—that was when I was sharing quarters with him.
Cross-examined by MR. LEYCESTER. I first heard of this inquiry about May this year—I did not know that Davies had the money to pay the crew of the Drake, nor the Army Service Corps Detachment—I knew he had a bicycle—he kept it at Neyland—the distance to Neyland by road is more than five or six miles—I could not say whether it was 15 to 20—I lived with Davies five or six months—I went to Neyland once—it costs 3d. return—his going there never struck me as extraordinary till after this inquiry—I saw Davies in company with a number of people, but not with a sandy man—Davies counted the money before me—there was no disguise about it—I did not know that the Drake had to make a monthly return.
Cross-examined by MR. GILL. I remember Davies speaking to a man about 35, freckled, and wearing a straw hat—he was not at all like Coram—the target when hit and damaged would have to be towed back and repaired, and then towed back again.
By the COURT. I saw Davies with money two or three times—I thought it was a considerable sum—I did not say anything to him about it, because it was not my business—we were very intimate.
WILLIAM CRABB . I have been the mate of the tug Drake since April, 1900—part of my duty is to keep the official log—turning to July 4th, 1900, I see in my writing a record of towing a Record target from Hobbs' Point to Popton, where the coxswain of the Royal Artillery took possession of it—I received no carrier's note, nor any document connected with the target.
Cross-examined by MR. GILL. I only remember towing the target once.
WILLIAM TWIDLE . I am coxswain of the Royal Artillery boat's crew attached to the Drake—I held that position in July, 1900, when I took the Record target in tow at Hobbs' Point—I took a line, made it fast to the target, and then back to the vessel, and proceeded with the vessel afterwards, when it was secured on the slip afloat—Law, of the Ordnance Department, was at the slip at the wharf—I signed this receipt for the target in the book produced—the entry above my signature is "No. 6 Target, Richardson pattern, July 4th, 1900"—I took it down to Fort Popton; then I took a line ashore from the vessel, then the gig, and put it alongside the wharf, and turned it over to Bombardier Bedford.
ALBERT EDWARD PARSONS . I am a master gunner in the Royal Garrison Artillery—in July last year I was in charge of Fort Popton—I signed a requisition for an artillery towing target, Richardson pattern, for practice through the armament officer—I was at the fort when the target was brought—I did not see it brought—I saw it the same morning—this is not my signature on Exhibit 1, "Consignee, A. E. Parsons, Master Gunner, Royal Artillery"—I do not remember having signed any paper in connection with the target—in June I saw Davies at the barracks at Pembroke—he said this business of his being placed under arrest would have blown over had it not been for the Richardson record target, and he assured me the target had gone by Coram's barge—I said, "You must be mistaken"—he said, "Coram & Co."—I do not think I used the word "barge," only that Coram was instrumental in taking it down.
Cross-examined by MR. LEYCESTER. Goods were brought without carrier's notes, but the notes invariably followed; I have no recollection where
the carrier's note did not come eventually—I said that if Coram's barge had brought the target, that would be shown by the carrier's note accompanying it—I do not remember signing a carrier's note for stores brought by the Drake.
Cross-examined by MR. GILL. When the target came to the fort two companies were there for firing practice—No. 27 Company had been there about seven years, and No. 9 Company—they fired at the target two days, and then from Fort Popton—the target was towed about sometimes by the Drake and sometimes by a hired boat—the target was damaged and repaired on the beach at Fort Popton, which had charge of all the targets, but they could be used at any fort for practice—only one Record target came to Popton at any time—we had Hong Kong targets to fire at in position; they came down in pieces, and were set up or towed—I know of two Richardson targets—the targets were taken back to Fort Popton after being repaired at Hobbs' Point—I can only speak actually of the first—both were damaged.
Re-examined. Only one Richardson target was taken from Hobbs' Point to Popton, which arrived at the fort about July 4th—the second one sent was in September, for practice.
HENRY BEDFORD . I have been a bombardier in the Royal Garrison Artillery at Popton since the beginning of 1900—I remember the arrival of the Richardson record target; I went down to the Drake to receive it from the crew of the gig of the Drake—it remained until it had been fired at, and having been knocked about, it was taken back to Hobbs' Point to be repaired—I received no paper with it—I signed no paper in connection with the reception of the target.
Cross-examined by MR. LEYCESTER. I only remember receiving goods without a carrier's note on one occasion—I said at the Police-court, "On one or two occasions," and then I signed a slip of paper with the list of goods on it—the slip was taken away by Coram's bargemen.
Re-examined. I gave a written receipt for the goods, to take the place of the carrier's note.
THOMAS FASSON . I am a sub-conductor in the Army Ordnance Department—I accompany ammunition and explosives—the books of the department are in my keeping—between June and July, 1900, there was one Richardson Record target at Hobbs' Point—I produce the bill of lading of the Lord Wolsey for that target—that is a War Department vessel—it brought on August 19 th a target to the slip at Hobbs' Point—before that it was at Devonport—the one on the wharf that went away in July we got back from Popton at the end of the season, the latter end of September, after the other target had arrived—the practice continued till the end of August—taking the account for £96 3s. 4d., and looking at Exhibit 4, the press copybook of the carrier's notes, Book 14, page 100, I find a press copy of Exhibit 5—in the book the measurement is 4 tons 20ft.—on the note it is altered to 14 tons 20ft.—in the same book, at page 65, I find in the press copy of Exhibit 8 the weight given is 16 tons 8cwt. 2qr. 18lb., in the noteit isaltered to 26 tons 8cwt. 2qr. 18lb.—at page 171 the press copy of Exhibits gives 16 tons 8cwt. 2qr. 18lb., in the note it is 26 tons 8c wt. 2qr. 18lb.—at page 185 I find the press copy of Exhibit 10 gives the measurement of skeleton cases as 8 tons 6in., the note is altered to
weight 18 tons 6in.—at page 187, Exhibit 11, the alteration is from the measurement of 9 tons 1ft. 8in. to 19 tons 1ft. 8in.—I signed that note as the issuer—I had no knowledge of that alteration—the weight of 140 cartridges of that kind would be about 9 tons—they run in uniform sizes—at page 190, Exhibit 12, the weight in the book, 16 tons 8cwt. 2qr. 18lb., is altered to 26 tons 18cwt. 2qr. 18lb.—at page 214, Exhibit 13, the measurement, 29 tons 31ft. Tin., is altered to 39 tons 31 ft. 7in.—at page 278, Exhibit 15, the measurement, 18 tons 20ft., is altered to 48 tons 20ft.—the alterations represent £27 10s., that is 110 tons at 5s. a ton—the next account, Exhibit 24, is Messrs. Coram's bill for transport for £98 17s. 7d.—looking to Book 4, which includes the press copy of carrier's notes of that bill, I find at page 367, Exhibit 25, the weight is 1 ton 1cwt. 1qr. 24lb. in the book, and the measurement brought out is 6 tons in the note—it is a new entry—at page 368 of the same book, Exhibit 26, 23 tons 14cwt. 1qr. in the book is added 3 tons measurement—the initials "A. T. C." are where Cummings has put the correct weight—at page 370, Exhibit 27, the measurement in the book of 1 ton 31st. 6in. is altered to 4 tons 31ft. 6in.—there is nothing unusual in a number of carriers' notes on the same day—the stores go to different forts—at page 476, Exhibit 29, to the entry of 8 tons 16cwt. 1qr. 4lb. is added 15 tons of measurement, and those 15 tons have been charged in the bill—it was Cummings' duty to put both weight and measurement on the voucher—in Exhibit 30 a number of carrier's notes are included in the same bill—one item is 136 pieces of tent bottoms—in the same book I find at page 496 the correct weight is set out of 3 tons 1 cwt. 1qr. 6lb., but there is a measurement added of 50 tons 36ft.—2 or 3 has been converted into 5, and in the addition of the column 5 has been altered to 7, or 58 to 78—taking the correct measurement and the proper method of charging, the excess is £9 3s. 4d. on the bill of £98 17s. 7d.—Exhibit 31 is a bill for £95 3s. 11d. to July 31st—that wag originally for £104 10s. 3d.—this exhibit is of the same character, and includes a large number of vouchers—in Exhibit 32, at page 245, the measurement is altered from 12 tons 12ft. to 22 tons 12ft.—Exhibit 33 is another carrier's note in the same bill at page 287—that is altered from a measurement of 7 tons 12ft. 2in. to 13 tons 12ft. 2in.—against the alteration from 7 to 13 are the initials "J. A."—the vouchers, show addition of 2 tons, 1 ton, 2 tons and 1 ton in the items 1, 3, 4 and 8—the "legs" are for the soldier's forms or benches—1 ton has been added to 1 ton 5 ft.—at page 295, Exhibit 34, the weight 3 tons 7 cwt. 3qr. of skeleton ammunition is altered to 12 tons measurement
T. CUMMINGS (Re-examined). The 90 cases of skeleton cartridges "950 p." would be about 6 1/2 tons—12 tons is excessive.
T. FASSON (Continued). At page 336, Exhibit 35, the book measurement is 29 tons 20ft. 9in., in the note it is 59 tons 20ft. 9in.—16 tons 20qr. is altered to 46 tons 20qr. in the book to make the 59 total—it is dated July 18th; the stamp is July 19th—I signed that note—I had no knowledge of the alteration—Exhibit 36 is another voucher, No. 1190, of the same bill—to the measurement of 20ft. is added 1 ton—Exhibit 37, Voucher 947, the measurement 25 tons 8ft. is altered on the note to 35 tons 8ft.—Exhibit 38, Voucher 1064, to the same account, is for 72 cases of skeleton cylinder cartridges—the measurement of 4 tons in the
exhibit appears as 14 tons 36ft. in the note—it does not figure in the book because we did not make the issue note; we received it in the store—the correct measurement of 72 cases of skeleton cartridges is about 4 tons 36 ft.—in the same carrier's note there is an entry of Gig W, 22 tons measurement—the gig boat lettered W was between 6 and 10 tons—Exhibit 39 is another voucher—it refers to 21 circular tents and poles—that is not in the book—3 tons 23ft. is about correct—pencilled on the exhibit is 5 tons 5ft. measurement—3 has been altered into 5 in the tons column—Exhibits 40 to 41 refer to the bill for £95 3s. 1ld.—on Exhibit 40, which is on the buff-coloured form, I find 17 tons 7cwt. of ammunition entered, and 10 tons 12ft. 9in of light goods, without specification of what the goods are—in No. 1238, bill 31 is charged 17 tons 7cwt. heavy, and 10 tons 12ft. light—that is a note for "Cartage from Hobbs' Point to Haven Forts, and return with stores"—I have been through the stores receipts, ledgers, and books of the Ordnance Department—I have not been able to find any trace of goods specified in Exhibit 40 as having been issued out of the store or carried—I find three carriers' notes at pages 379, 380, and 442—the weight would be about 10 tons—in Bill 31 I find no entry relating to them—Exhibit 41 is a similar form of land transport, showing 38 tons 14ft. light goods and 17 tons 6cwt. 1qr. heavy, transported on July 17th from Hobbs' Point to Haven Forts—no goods are specified—in Bill 31 I find 38 tons 14ft. of light charged for, and 17 tons 6cwt. 1qr. heavy—the measurement is shown correctly but the weight is generally above—I have searched and been unable to trace the light goods—there are a number of press copies of carriers' notes at pages 346, 349, 366, 368, 369, 373, 376, 380, 382, each for small quantities of stores—the total measurement given is 7 tons 28ft. 7in.—in Bill 31 no one of those is included—those are copied for dates about July 27th, for the period covered by the bill for £95 3s. 11d., to July 31st, and are not included in the bill—looking at Exhibit 45, that is a similar bill for £179 18s. 5d. to September 7th, 1900, and with a number of vouchers, Exhibits 40 to 51, which are all carrier's notes on buff-coloured forms for land transport, and are included in the bill—the body of the notes is Davies' writing—there is bo specification of the kind of goods—I can find no trace of them in the books—Exhibits 47, 49, and 50 refer to tents—those notes represent a total, at 10 tents to the ton, of 1,420 teats, or 142 tons—between August 16th and September 4th; 1900, the period covered by the three notes, the ledgers are kept by the ledger clerk, and the items have been checked with the vouchers—there were nothing like 1,420 tents at Pembroke—the largest number about that time was about 150—we were very short; we had nearly every tent out—Exhibit 52 and Exhibit 53 are buff-coloured forms of a similar kind, and tht amounts are charged in the bill for £1,188—they are signed "J. Law, A.O.D."—the body is in Corporal Davfos' writing—looking at Exhibit 54, I do not know the writing of the signature "J. Law"—it is a similar bill—I can find no traces of the transactions represented by 52, 53, and 54—in the period preceding September 7th I find in Book 3 of the Press Copy Carrier's Note Book, at pages 375, 381, 419, 426, and 427, notes 4ft, 44, 47, and 51, for small amounts, totalling about 2 tons 17cwt. 3qr. 27lb.—in Bill 45, for £179 18s. 5d. none of those notes are include—the body
of the carrier's note ought to be filled up by the person who requisitioned the transport—Exhibit 61 is a bill of the same kind for £127 17s. 11d. to October 15th; it is Davies' writing—Exhibit 62 is included in it—62 to 67 are sub-vouchers; they are all joined to one voucher—in 64 I find the three cases carried out at 57 tons 7in.; that is the total of the three notes 65, 66, and 67—Exhibit 69 is a buff-coloured form for stores from the Hobb's Point slip—no stores are specified, but there are 33 tons 10ft. heavy, and 64 tons 18ft. light—I do not know where they were to be dropped—it, is charged in the bill; it is signed "J. Law"—the body is in Corporal Davies' writing—Exhibit 70 is similar, and has similar directions to the bargemen to collect stores—that is charged in the bill—Exhibit 71, a bill for £218 0s. 3d., to December 31st, 1900, is of the same character—Exhibit 72 is a carrier's note from Popton to Hobbs' Point of 240 tons 9ft. 6in.—the measurement of each article is not given; it is lumped together—Cummings makes it 111 tons 17cwt. 11in.—Exhibit 73 is a carrier's note for goods from Hubbertston to Hobbs' Point for similar goods, without the measurement of each article being specified, of 112 tons 18ft. 9in.—the correct measurement of similar goods is 74 tons 20ft. 3in.—each of those carrier's notes has been charged for in the bill at larger amounts—Exhibit 74 is the carrier's note for eight cases of ammunition, "B. O."; the correct weight is shown, 9 tons 15cwt. 6lb.; the correct measurement of that is 7 tons 35ft. 8in.—on the carrier's note is 18 tons 12ft. 1in.—in the bill £218 0s. 3d. is the increased measurement charged for—Exhibit 75 is a carrier's note from South Hook to Pembroke of a quantity of stores, without the special measurement of each article being stated, the total being lumped together as 220 tons 17ft. 5in.; that is the amount charged in the bill—the correct measurement of similar quantities of goods is 108 tons 25ft. 4in.—Exhibit 76 is another note in which the total measurement is lumped together as 180 tons 19ft. 3in., and that is charged in the bill; the correct measurement is 71 tons 14ft. 11in.—the overcharge is £94 4s. 8d.
Cross-examined by MR. LEYCESTER. The buff forms were signed by Captain Grier, as the officer of requisition—I would not accept Davies' writing—Cummings worked out seven overcharges; I can state that they are correct—it might save time to lump small amounts, but that is not allowed—I do not find one issue note agree with the buff forms—if stores are taken to forts, and others returned, I would expect to find them in the ledgers—I would not expect to find carrier's notes of goods coming into wharf, but they would be in the vouchers from the persons who sent the goods to us, and we can trace the dates in our books—on one or two occasions I measured for myself—I was not present when Cummings worked out the figures, but he worked them out by the same tonnage—I measured the gig or cutter, but I did not come to the tonnage given in the note—I measured the goods packed on a barge with a guard, and tarpaulin put over—they were packed when turned out on to the fort—they would come back packed more loosely, and take more space—the correct measurement in Exhibit 39, which is in the note 21 tons, is 3 tons 23ft. 6in., but I am inclined to think Cummings has made a mistake, inasmuch as I think 6 tons came back for exchange, being storm damaged; therefore, they would not come back in bags or anything—an ordinary tent has a pin bag and a
number of pins—if the tents were damaged, and sent to be repaired, they would not send back the pins; we simply change the tent—they go about six to the ton.
T. CUMMINGS (Re-examined). I have made a correct calculation of the measurements in Exhibit 39.
JOHN ABBOTT (Re-examined by MR. LEYCESTER). I find on Bill 33, a total, which was 7 tons 12ft. 2in., is 13 tons 12ft.—the initials "J. A." against the 13 are my writing—I do not know anything of the initials "J. B." being put against that.
Cross-examined by MR. GILL. The vouchers are checked on the hill by Captain Grier, who signs it—the collector at Devonport checks him; I believe Colonel Knocker, the paymaster, checks him, as at folio 100—if Captain Grier received a document like Exhibit 40, it would put him upon inquiry—the document was passed, and the bill was paid—the document is countersigned, to show that Captain Grier has pained it as correct—it is approved by the staff officer of the transport—we were rather busy last year.
CHARLES WAREHAM HOPKINS . I am a civilian clerk in the Army Service Corps at Hobbs' Point—I went there on February 24th, 1900—carrier's notes came into Davies' hands or mine, whichever was there—if it came to mine I would show it to Davies and enter it in Book 226—I have examined the carrier's notes—I find a number of cases where the entries appearing in Book 226 have been altered—for instance, 4 tons 36ft. has been altered to 14 tons 36ft.—I kept the book—Davies made entries in my absence—I find the initials "C. E. D." put against many of the alterations—I had no knowledge of those initials before this inquiry—examples are in Book 13 of Book 226, Exhibit 12 of February 19th, 1901, relating to 360 loose shells, where 57 is made into 87, 15 into 35, and 25 into 35—I produce five bills in which there are overcharges, in that for £98 17s. 7d. of £9 3s. 4d.; in that for £96 3s. 4d. of £32 17s. 6d.; in that for £179 18s. 5d. of £130 13s. 1d.; in that for £127 17s. 6d. of £27 10s.; and in that for £218 0s. 3d. of £99 6s. 9d.—referring to a book in the Army Service Department, I am able to say that, with one or two exceptions, the whole of the original carrier's notes on the pages given by Fasson were received in my department.
Cross-examined by MR. LEYCESTER. I summarised sub-vouchers into one voucher—the alterations made are obvious to anyone looking at them—the figures are not scratched out—I am not aware of last year's pressure causing trouble in getting the carrier's notes to the Ordnance Wharf—I know of no instance—my duty was to enter them in the book after signature, put them in an envelope and send them to Coram & Co.
JAMES LAW . I have been civilian foreman at the wharf at Hobbs' Point since August, 1899—part of my duty was to see to the loading of vessels and barges, and to check the stores by the carrier's notes—I kept two books—one was a receipt book, which was signed by the person taking goods away, and one was the Rough Book for entering large consignments—both books are signed by the bargemen who take goods away—goods received from the bargemen are sent to the stores—the shipping note accompanying them is sent to the Ordnance Office—I remember the Richardson Record target being on the wharf in April of last year—under my
orders it was put together on the slip—it was taken away by the Drake—I first saw a carrier's note with regard to that target when this inquiry had begun—I have seen Corporal Davies about the wharf from time to time—he was with Coram's bargeman occasionally—after the inquiry, about May this year, Davies came to measure the goods after they had been put in the barges—that happened 20 to 50 times—Davies had never done that before the inquiry, to my knowledge—Davies told me there was a row about the last bill sent in by Coram & Co. for £96 3s. 4d.—he told me he thought I would have squared it up in the best way I could, so as to get him out of the row—he said if I did not help him to get out of the row I might drop into it myself—on one occasion afterwards he asked me whether I had been to see Coram—I told him "No"—he said I ought to go over and see him; it would be all right—I said I did not do business that way—he said if I would help him to square it up he would give me £5—that was to be by showing more stores had gone than really had gone—I said No, because my receipt book would not allow me to do that—he said we would have to square it up the best way we could—it is not the fact that a considerable quantity of stores have been carried from Hobbs' Point to other forts without carrier's notes—I have seen Davies on several occasions crossing by the ferry to Neyland, where Messrs. Coram's premises are—it is about eight minutes' sail, and costs 3d. return—he would go away during working hours—the signatures "J. Law" upon the Exhibits 52, 53, 69, and 70 are not my writing—I know nothing about them—(52 and 53 were in pencil, and 69 and 70 in ink.)—I have never seen these buff forms used by Coram's bargemen for water transport.
Cross-examined by MR. LEYCESTER. There is no telephone from Hobbs' Point to Neyland—there is a telegraph office in both towns—the ferry runs backward and forward throughout the day—Davies did not tell me he was investigating the books to see how the difficulties had arisen—he did not ask me to help him to investigate the books—I cannot investigate books by calling 27th the 7th of last June—I kept the dates of receipts in one book—we began a new system of books in July last year—I said on the first occasion before the Magistrate that I had seen Davies measuring goods before the inquiry began, and that he never told me what he was doing—I had a conversation with Cummings on leaving the Court—I now say I had never seen the measuring going on before 1901.
JAMES GRAY . I am one of the principal clerks in the War Office—part of my duty is to make out warrants for the Payment of contractors' bills—I made out the order for the payment of Coram's bill for £180 7s. 7d.—it was forwarded from London—the bill has been paid.
G. R GRIER (Re-examined). The bedding provided for Forts Hubbertston and Hook is still on charge—it has not come back—the bedding delivered at Popton came back on October 15th, 12 days after delivery.
Cross-examined by MR. GILL. I got my information from the ledgers—I did not keep the books.
WILLIAM HENRY MARTIN . I am employed at the headquarters at Devonport—I produce a letter dated June 7th, gent by Coram & Co., to the General commanding the Western District, and the reply of the 10th. (Exhibit 22, stating that the matter had been submitted for consideration.)
HENRY MICHAEL RICK . I am manager of the London & Provincial Bank at Pembroke Dock—James had a deposit account—Davies had an account—Coram & Co. had a business account—I produce certified copy of Davies' account, Exhibit 81, extracted from the ledger, and vouched by me as accurate—it was opened by the payment in of £40 10s. in cash on March 25th—against that were drawn cheques which left a balance of 11 guineas, which was drawn out by cheques—by about June 6th the whole amount was drawn out—a cheque book was omitted to be debited and put right at the end—I also produce a similar certificate of the business account of Coram & Co. from January 1st, 1899, to September, 1901 (Exhibit 2)—to this account were paid and credited from time to time War Office orders—on October 2nd, 1899, a War Office order was credited for £204 17s., and a cheque drawn and debited to Coram & Co. for £15 on April 14th; on April 18th another was credited in red ink, and another on June 23rd for £146 5s.; on June 21st a cheque was debited of £20; on August 30th, 1900, another War Office cheque was credited for £95 3s. 11d., and on October 5th one for £179 18s. 5d.: on October 6th £50 was debited; on December 13th a War Office cheque for £177 17s. 11d. was credited, and a cheque for £20 to selves was debited; on February 1st, 1901, a War Office cheque for £218 0s. 3d. was credited; on February 5th a cheque to selves for £17 10s. was debited; on June 8th a War Office cheque for £167 5s. 4d. was credited; and on June 20th a cheque to selves for £10 was debited—the cheques to self were cashed in notes for the larger amounts, and in gold for amounts of £10 to £15—I know the prisoners' writing, and recognise their writing in the exhibits, including the bills and the receipts, and the signature "Thomas Coram"—I have been in Messrs. Coram's office.
Cross-examined by MR. AVORY. James' deposit account consists of two entries, a payment in of £240 in March, 1899, which I have heard was the proceeds of his sale of a house through a building society, and he drew out £40 in January this year—it was at interest—he had no current account—I knew him personally—I understood he was Coram's servant—James had no power to draw on the business account, nor sign "Coram & Co.," nor endorse cheques.
Cross-examined by MR. GILL. The certified copy of the account is a reproduction of the pass book—it would contain more information—the War Office cheques are not specified in the pass book—Coram & Co. were coal merchants and carriers—their credit balanced from £3,000 to £6,000.
Cross-examined by MR. LEYCESTER. The Army Service Corps had an account at our bank—the cheques were signed by Captain Grier, and cashed by Davies—I did not see anything about wages; they were simply made payable to dates.
G. R. GRIER (Re-examined). Davies would possess money, for the payment of the Army Service Detachment; three members of the Army Service Corps do that—he would cash the cheque and pay the money away the same day—he would not be entitled to take the money to his room—the men of the Drake were paid four times a month, and the fourth payment would be a little more money.
EDWARD MACDONALD . I am a clerk in the Post Office Savings Bank, London; I produce a certified extract from the books of Davies' account there—it was opened on October 3rd, 1899, with £10, and sums were paid in of £1 10s., £4 4s. 6d., £12, and several sums of £20, up to February 6th, 1901—the rest is made up of interest—£29 10s. 5d. and £21 16s. 9d. were transferred from that account to the Local Loans account, or Government Stock—on March 23rd £40 was drawn out of that account; it was paid on March 25th.
WILLIAM LUTHER SILCOX . I am a bicycle deader, of Water Street, Pembroke—on September 29th, 1901, Davies bought from me a bicycle for £15 4s.—he paid £3 that day, and the balance, £12 4s., on October 6th—both payments were in gold.
FREDERICK JOHN TALLETT . I am a jeweller, of 14, Diamond Street, Pembroke Dock—Davies has been a customer since about Midsummer, 1900—Exhibit 78 is a copy of the entries in my books of purchases made by Davies, specifying rings, brooches, and jewellery of various kinds, and jugs, basins, and things of that sort—they came to £31 198. 6d.; the payments were made by cheques of May 11th and 31st this year.
JAMES STOCKLEY (Detective). On August 14th last I received a warrant from Bow Street for the arrest of James and Davies, and on August 20th I went to Neyland—I went to Coram's office and saw James—I read the warrant to him—I told him who I was, and that I was going to arrest him on a warrant for unlawfully obtaining a security worth £180 7s. 7d. from the War Office, and that I was going to arrest him in connection with Corporal Davies—I told him he would be taken to London and charged—he said, "I do not understand what you mean by obtaining £180 7s. 7d."—I said, "That was the amount of the cheque paid to Messrs. Coram for their account for the quarter ending June last year, which included the charge of £41 for taking the floating target to Fort Popton, a service which it is suggested was never carried out"—he said, "I know nothing about that; we make out the accounts from the carrier's notes, and if we had not received a carrier's note we could not have charged for it. I am only a paid clerk; Mr. Coram attends the office, and makes out his own accounts, and writes his own letters. I am manager, and only make out the accounts and write letters in his absence, I have no authority to sign cheques. Mr. Coram sits in the office from morning until night, and if anything has been done I have not benefited by it. The head of the firm is the person who ought to answer for it"—later on, when Mr. Coram saw him, he said, "Mr. Coram will have to come to London and get me out of this"—he produced the press copybook, and said, "You can see who does the business"—he showed me letters in it in his own writing and in Coram's writing—that same day I went to the barracks at Pembroke Dock, where Davies was in
military custody—I read the warrant to him, and told him he would be arrested—he said, "It is a pity the people who started this business are not in it"—while I was at the barracks Coram came—I did not see him in Davies' presence—in consequence of something that was told me, I asked him if he wanted to see me—he said, "No, your name is not James"—I went away then—next day I brought Davies and James to London in custody—Coram was not in custody at that time—as we alighted from the train at Paddington I saw Coram—I knew he was in the same train; he had come to the carriage window and spoken to James once or twice coming up—at Paddington James asked if he might speak to Coram—I said he might, and took him up to him—James said to him, "I suppose you will find me bail?"—Coram hesitated a moment, and said, "I will see about it, and let you know"—on August 22nd I received a warrant at Bow Street for the arrest of Coram—I saw him at Bow Street Police-court; I read the warrant to him; he was charged, and made no reply—I do not know if the three prisoners had an interview at the Police-court between the 21st and 22nd—Davies and James had not been before the Magistrate on August 22nd—in the course of my inquiries at Pembroke I received Exhibit I with a number of other vouchers—I noticed it had not been folded, and that it was perfectly clean; the others were dirty, and had the appearance of having been folded up and put into an envelope—it came to me through the Treasury from the War Office.
Cross-examined by MR. MUIR. There was a bundle of quite 100 vouchers tied up with the bill—I only saw a letter book at Coram's office; I saw no books relating to any business at the office; I did not look for them—when I arrested James he left a note on his desk for Coram—the first time I saw Coram was at the barracks, about an hour after I had arrested James; he did not see James then—I saw James writing a note telling Coram he was going to be taken away by the police, and, I think, asking Coram to come and see him—I had been at Pembroke Dock about a month—I did not make any search for books when I arrested James; I did not think I was justified in doing so.
Re-examined. I was down at Pembroke Dock about this matter, not in the ordinary course of business.
WILLIAM GOUGH (Police Sergeant). I was with Stockley on August 20th, and on August 22nd I went to Coram's premises at Neyland Point—the only offices there, apart from the railway office, are Coram's offices—I searched his office—I found Exhibit 20 there, "Bill for hire of steamer, etc."—on August 23rd I saw Coram and James on their arrival at New Milford Station—I asked Coram for the keys of the safe—in his presence and in James', I searched the safe; they were on bail then—I found a press copybook in which all the accounts had been copied—that is the only book I could find in connection with this case—I said to Coram, "Have not you any day book, cash book or ledger, as I cannot find them any where?"—he said, "No, the only book we keep is the press copy account book; there in no need for any other books; we make our bills from the carriers' notes, and then press copy them," or words to that effect—I said, "How do you make out your accounts for this
business?"—he said, "The bills are made out from the carrier's notes, and then copied in the press copybook."
Cross-examined by MR. MUIR. I found books relating to the general business of Coram & Co.—I found no cash book or ledger—I found books relating to the railway part of his business, but I did not go into them—they were principally note books, so far as I could see, containing memoranda of the business done—the means of transit between the dock and the railway is Coram & Co.'s ferry—I was given to understand that they owned a number of tugs and barges.
MR. AVORY submitted that there was no case to go to the JURY against James, as he was only a clerk, and that there was no evidence to show that any of the alleged alterations were in his writing; that even if he had known that there were alterations, that was not evidence of a crime; but there was no evidence to show that he did know of any alterations. The SOLICITOR GENERAL contended that there was evidence that James knew of the alterations, as Captain Grier had asked him how he came to charge £41 for towing the Record target, and James had said that he thought the charge was a fair one, and that Coram had said that James knew about the April account. MR. JUSTICE BIGHAM ruled that the case must go to the JURY.
Evidence for Coram.
DENIS JAMES DONOVAN . I was called before the Magistrate—I am captain of the Government vessel, Drake—I carried Government stores on her—I have frequently had buff-coloured notes given me for carrying stores on the Drake—I have had white carrier's notes, like Exhibit 7 given me for the purpose of collecting goods by the Drake—when I have got to the place I was directed to by the carrier's notes I have frequently found the goods had already been removed by Coram's vessels, and the foreman would put on the carrier's notes "Gone by barge," and return them to me—I would sometimes take them back to the office, and sometimes take them on board—there are a lot on board still.
Cross-examined by MR. LEYCESTER. A monthly return had to be made of the work done by the Drake.
Cross-examined by the SOLICITOR-GENERAL. In some cases I got carrier's notes to take goods from Hobbs' Point, and when I got there I found they had gone by barge; somebody had handed them over to Coram.
By the JURY. The crew of the Drake got their pay by the week; when there were more than four weeks in a month they got a little more the last week—it was supposed to be paid on the 7th, 14th, and 21st, and the last day of the month, but when I was going to Hobbs' Point I would telegraph, and ask for a cheque to be made out in Davies' name, so he could draw the money, and I would pay the men—the account would be on the 7th, 14th, and 21st about £14; the last payment would be, perhaps, £20.
James, in his defence, on oath, said that he did not know that any alterations had been made in any of the carrier's notes; that he never made a farthing out of any of the overcharges; that he had never been a party to making any overcharge himself, that he had never given Davies any money, and that he never got anything from Coram except his pay of £1 10s. a week.
Davies, in his defence, on oath, said that he admitted all the alterations he had made; that when he did not get carrier's notes for goods carried he altered the notes he had already got to meet the tonnage; that he had never received a penny from Coram or James, and that the money in his bank was what he had saved from his wages.
Witnesses for Coram.
GEORGE MACKEN . I have been employed for 30 years in the same employment, first under Mr. Jackson and then under Coram, as engineer and master of one of Coram's tugs—Coram's steamers are employed in towing barges about Milford Haven—I remember towing targets for the Government; one we towed was a Hong Kong target, and one was a Richardson target—I towed the Hong Kong target sometimes from Popton, and sometimes from South Hook—I would not be certain if I towed it from Hobbs' Point—I towed it from fort to fort while they were shooting at it, and I towed it back to Hobbs' Point—that was in the summer time, I cannot remember the date—I remember towing a Richardson target; we towed it to Popton, and made it fast to the buoy; we towed it with the Pembrokeshire—I had a boat's crew in attendance while we were towing it—I do not know what boat's crew it was; one of the crew was named Keen—I cannot fix the date of it at all—it was in the middle of the summer in last year—last spring I remember seeing James talking to Captain Grier; I was coming back from my dinner; Captain Grier was in his carriage—James said, "Here is the captain of the boat; he will tell you all about it"—Captain Grier asked me if I had towed the target—I said, "Yes"—a few days after that I was crossing the ferry, and Captain Grier asked me did I remember the date, I told him no—I have seen the Drake towing a Richardson target last year—there were two Richardson targets—I cannot say if they towed the same one that I did.
Cross-examined. I do not keep a log—I make no record of the business I do—I believe I had the order to tow this target from our office—I did not see a carrier's note for it—I see Parsons' name on this document (Exhibit 1), as having received the target—I never asked him to sign it, or got any receipt from him for the target—I told 'my employers at night what work I had done during the day—I never got orders in writing, Only by word of mouth—I did not take the Richardson target on board; we could not carry it on our deck—I have towed a Richardson target from Hobbs' Point to Popton—it would take an hour—I do not know if £41 would be a proper charge for that—I never heard how much was charged for towing.
JAMES KEEN . I am a gunner in the Royal Artillery; I have been 13 1/2 years in the service, and I have been at Pembroke Dock since March, 1900—I attend here upon subpoena—I was one of a boat's crew that went with the Pembrokeshire, when she towed a Richardson target from Popton to Hobbs' Point—it had been damaged on the beach by storm, and got broke up—a boat's crew would consist of four men and a bombardier—at the latter end of August, 1900, a target was taken back again from Hobbs' Point by the Pembrokeshire, and my battery fired at it the same day; the 21st Company, Western Division, fired at it—Macken was our
skipper on the Pembrokeshire—1 was with him several times when targets were towed—there were two Richardson targets, to my knowledge.
Cross-examined. Coram's men towed a Richardson target from Hobbs' Point—I was not there when it started—I saw it come in to Popton; that is all I saw—I do not remember a Richardson target being towed in July by the Drake—I said in my statement, "About a fortnight before the 13th Company commenced practice, which would be about the middle of July, 1900; I saw a Richardson Record target being brought up the Haven by the War Department vessel, Drake"—that is quite right—I know of Coram's people towing a Richardson target from Hobbs' Point down the Haven—I said in my statement, "I never knew Messrs. Coram & Co.'s launch to tow a Richardson target down the Haven"—I signed that statement about October 15th.
Re-examined. Sergeant Stockley took the statement from me; he put a number of questions to me; we were alone for about an hour the first time, and then he came again, and I was with him for about 10 minutes then—I answered his questions to the best of my belief; he took them down, and I signed them.
JAMES WILLIAMS . I live at Neyland, Pembrokeshire—I have worked on barges there for the last 37 years—I have been employed by Coram, and by his predecessors in the same business—I have carried Government stores on the barges; there were about 10 altogether—during the summer of 1900 I was very busy taking stores from Hobbs' Point to the different forts, and from one fort to another—I have often carried goods without carrier's notes; I carried them without notes most frequently from the forts to Hobbs' Point—I took any goods which I was told to take—Davies would kick up a lot of row because the measurements were wrong—I was getting too few goods—I used to complain to Law, and I spoke to all the master gunners at the Haven forts—I have spoken to Davies about it—I have taken ammunition from one fort to another—I have been sent to a fort sometimes, and have been told I had come to the wrong one—I have reported that to James and to Law—he would measure the barge, and send me after Davies—I have spoken to Davies about not having carrier's notes, and he has said he would send them—when I spoke to Law he has altered the carrier's notes himself—I remember a quantity of bedding going down to Popton last year for the Carmarthen Militia from Hobbs' Point—there was a great pressure of work then, more than I have ever seen before—I took a load of clean bedding down to the forts about a week before October 3rd, and I brought it back after the Militia had gone; it had not been unpacked when I brought it back, and I also brought back some which the Milford Haven had taken down—I received no carrier's notes for bringing the stuff back—during 1900 I took many tents down the harbour to the different forts—the Glamorgan and Cardigan Militia were at South Hook—I took the tent-boards down afterwards; they were not allowed them at first—I brought back all the tents that I had taken down, eight and 10 one day, and 10 or 12 the next—there were times then that I did not have carrier's notes—I reported that to Davies, and I think he said he would send them over to the office—when I took stores from one fort to another, and had no carrier's note, the master gunner who sent them would make out a carrier's note and give it to me
to get signed after I had left them; sometimes they were made out on slips of paper—I saw a pinnace unloading bedding while the Milford Haven was unloading.
Cross-examined. As a rule, I got a carrier's note when I took goods from Hobbs' Point, but very often I did not—I kept no record of what I carried—I told James I had carried a quantity of stores without a carrier's note—he would not give me a slip of paper to take back to get a carrier's note—I have gone to the department, and got a carrier's note sometimes when I had carried goods without one—I never knew of Davies altering a carrier's note in my presence—I never saw a carrier's note again after I had given it to James.
By MR. AVORY. When I got a slip of paper from a master gunner I would give it to Law to get a carrier's note—if I went to the office with a slip of paper I would give them to James.
Re-examined. I am not much of a scholar; I can read a carrier's note—I had other work to do besides Government business—I have brought empties back from the forts to Hobbs' Point; they would be stowed on board anyhow, sometimes with a carrier's note and sometimes without—I did not go to the forts every day.
RICHARD CHILDS . I have been employed by Coram & Co. for the last 28 years, and have sometimes been in charge of one of their boats—I remember taking bedding to Popton last year; some of it was on a steamer, and some of it in a pinnace—that was by Davies' orders—I had no carrier's note—there was too much for the pinnace, and we took what the pinnace could not take—there was an artillery corporal in charge of the pinnace—the bedding was distributed at the different forts.
Cross-examined. I do not know if the steamer that towed the pinnace was hired for the day.
Coram, in his defence, on oath, said that he never altered a voucher; that the accounts were sent in with the vouchers as they received them; that he knew they were carrying goods without carrier's notes, and in excess of the measurement, but that he did not complain, as it would have been no me; that he had no personal knowledge of the matter of the Richardson target; that he had never been alone with Davies in his life; that he had never paid him any money; that he did not see the vouchers themselves, as James called out the items to him, and he would then make out the accounts
JAMES— NOT GUILTY . DAVIES and CORAM— GUILTY . They received good characters.—DAVIES, Nine months in the second division. —CORAM, Eighteen months' hard labour.
766. CHARLES WILLIAM INMAN (50) PLEADED GUILTY to that he, being entrusted as an attorney with £100 and £70, with direc tions in writing to apply the same for certain purposes, did unlawfully convert the same to his own use and benefit; also to having been entrusted with a power of attorney for the sale and transfer of certificates of 100 shares in the Missouri, Kansas, and Texas Railway Company, and with 50 shares in the Louisville and Nashville Railway Company, did unlawfully convert the same to his own use and benefit.— Nine months' hard labour.
MR. CAMPBELL Prosecuted.
JULIA GUIRY . I live at 123, North Woolwich Road, Silvertown—I am the widow of Michael Guiry—he died on September 14th at that address at about 6 a.m.—he was taken ill that day fortnight, August 31st—he was a ship's fireman—his wages were 30s. a week when he was by the ship at home, and £5 a month when he was at sea—he was at sea most of his time—his age was 35—he was taken ill with severe diarrhoea, sickness, and pains in his stomach—I gave him milk, soda-water, castor oil, gruel, and some rum—he was on the steamship Ohattan—he was not better on September 5th, and on the Thursday I went for a doctor, Mr. Head, between 6 and 7 p.m.—I saw this board in the window: "A. W. Head, Surgeon-dentist and Accoucheur, Drug Stores: late Dr. Moir"—I believe Dr. Moir is in a lunatic asylum—I left a message—I thought he was a doctor—he came a few minutes after I got home—I had never seen him before—he asked me how long my husband had been ill, and what he complained of, and then he examined him with a stethoscope—he never complained of his lungs—I did not know he had tuberculosis—he had been ill with dysentery—the prisoner tapped him about the stomach where he complained of pain; he said it was evidently a case of phthisis, and ordered poultices on the stomach and back, where he complained of pain—he ordered turps, but we had none in the house, and I asked if mustard would do, and he said, "Yes; it will do as well"—the Seamen's Hospital is about 20 minutes' walk—I went with the prisoner to Barnwood Road—it was an empty parlour, with no furniture in it, only just a few bottles on the sideboard—he handed me some papers; he asked me if I could read—I said, "Yes"—he said that those were his testimonials—he said that he was reduced in circumstance?, and said, "I have seen better days; I have known what it is to sleep on a silken couch; I have run through three fortunes; I have slept on the veldt, and now I have no bed to lie on"—(Read:"The Lodge, Brymbo, near Wrexham, North Wales. I have much pleasure in stating that Mr. A. W. Head acted with me as my assistant for over three years. He is well up in general practice, in surgical, medical, and midwifery, also in pit and steel works, aloo general practice. ALEXANDER CREIGHTON, M.D."—"27, East Road. This is to certify that Mr. A.W. Head was my assistant in the years 1885, 1886, 1887, and gave me entire satisfaction in all his professional duties, likewise to my patients. FRED J. MONEY, M.D.Lond."—"Turner Road, Limehouse, E. I have much pleasure in stating that Mr. A. W. Head acted as junior assistant for me, locum tenens, in 1870. CHRISTOPHER COWARD,L.R.C.P., etc." And "Mile End Old Town Infirmary, Bancroft Road. We certify that Mr. A. W. Head acted as dispenser and dentist in 1870 for three months as locum tenens. He gave entire satisfaction to the medical staff. THE CHAIRMAN OF THE BOARD.")
—I read the testimonials—he gave me some medicine and a powder; I went back to my husband—the prisoner said he would call again before bed time—the first time he called was between six and seven; he came again at eleven; my husband was a little better t✗en—he examined him again in the same way—I told my husband how the prisoner was placed, and he took pity on him, and when he came again, after he had examined him, we get into conversation, and my husband said, "Let him go upstairs, and sleep there for the night"—he slept there for a fortnight; we did not like to tell him to go—the next morning be saw my husband about seven—he knocked at the door and asked how the patient was—I said he hid had a better night; he felt his pulse; he said his temperature was reduced, and that he would get better—he gave him some more medicine—the prisoner said he was going out to look at a house, as the neighbourhood was very rough in the Barnwood Road, and that he had taken a house in the Clyde Road, and was going to look after it, that he would have some furniture on the hire system, and have it fitted up as a surgery—when he came back he brought these medicine bottles and this board (Produced), and a tea kettle—he asked if I would put the board up in my window; I said "Yes," and I did so—I think the prisoner saw my husband three times that day; each time he came in and out he always went in and saw him—in the evening he told me my husband was very ill—he said that his temperature was very high when he first came, but he said it was much reduced in the morning—he said he would pull him through, that he would get over that, but that he could not possibly live longer than November, as the right lung was entirely gone and the left was affected, but he would be out in the kitchen in a few days—he continued to attend my husband—he got worse—in a few days I telephoned for Dr. Macdonogh—Dr. Mitchell came—I did not go to Dr. Macdonogh first—I met Mr. McGirty, who said he knew a man in the neighbourhood; I should give him a chance; he was with Dr. Moir, and he was the nearest—when I was going to the telephone for Dr. Macdonogh the prisoner asked me how my husband was—I said that he was no better, and that I was going to send for another doctor—he said, "Very good, I will, make notes, and I will meet Dr. Macdonogh"—he made these notes on notepaper of what he had been treating my husband for—(Read: "The case of Michael Guery. Age 36. I was called by Mrs. G. about 9 o'clock in the evening, Thursday, September 12th, to see him. I prescribed.") (Then followed a prescription: "Apply pure mustard poultices to lower part. Pulse about 90. Temperature 100. Heart feeble, left lung blocked, and right lung not so bad. My idea or opinion was that it was a true case of phthisis, and the patient so emaciated. He had been in the Seamen's Hospital for dysentery, and he drank heavy. Two days after he was dressed and got up in the next room. Mrs. Guery called in Dr. Mitchell, whom I met, and showed him the prescription. He said, 'Go on with it.' I had to go to see about my eyes. Mrs. Guery called in Dr. Hill twice on Thursday, as I was in London. I assented. I saw the man die about 6 o'clock on Friday morning. They had let my bedroom, so I left on Friday, 7 o'clock in the morning. I laid out 3/6 V.N.; 10/6—14/-")—my husband had been in the Seamen's Hospital 18 months previously—he drank, but was not a heavy drinker—he put his clothes on and came out in the
kitchen—the notes are an accurate description of what he did—Dr. Mitchell and I went into my husband's room—he examined my husband—the prisoner told Dr. Mitchell he was an M.R.C.S., of the Charing Cross and London Hospitals, and that he had just returned from the front—Dr. Mitchell said that we had better go into another room and talk; then he told me my husband was very bad, and that I could not do better than continue with Dr. Head's treatment for him—when my husband came out of the Seamen's Hospital 18 months ago he had recovered from dysentery—Dr. Mitchell never came again, and I never sent for him; I trusted to Dr. Head—my husband died on September 14th—Dr. Head attended him till I sent for Dr. Hill—he saw him frequently; if he came in there✗four times during the day he always went in and sounded him, and felt his pulse—he was very kind and attentive—he seemed to do the best he could—I was present when Dr. Mitchell examined my husband's chest with a stethoscope, the same as Dr. Head had done, but he cut it short, and said Dr. Head was qualified, and could attend him, and left the room—on September 13th my husband seemed to be sinking fast—I told the prisoner on September 12th that I should send for Dr. Humphreys—he said I could send for whom I liked, but I could not get any better treatment for him—he covered up the medicine bottles and said, "Do not tell Dr. Humphreys I have been in attendance"—I said that I certainly should—I sent for Dr. Humphreys—he was not at home; I believe he was here on a case—I then sent for Dr. Hill—they are both in the neighbourhood—they are few and far between—in the afternoon, when Dr. Hill examined my husband, he told me he was afraid he was dying—his examination was the same as the others, except that he had a thermometer—Dr. Mitchell had that—Dr. Hill came twice that day—my husband died the next morning—Dr. Head was in the adjoining room—he came in and out, and asked how he was, and when he was in such violent pain he gave me a little phial and said, "Give him that"—it was to ease the pain, but I did not give it to him; I thought he was past that—the prisoner never told me there was anything wrong except lungs—I only paid him 6d.—he asked me for money on the Friday morning, and said he could not give attendance and money; he had paid a lot of money for his education—I said I could not give him any money, his board and lodging had done that duty—when he was in at our meals he shared in them—I gave my husband the medicine the prisoner directed, except that in the phial—I emptied that away to make him think he had drunk it—I applied to Dr. Hill for a death certificate, but he refused to give me one—I first discovered the prisoner was not a registered medical man when I went to Dr. Hill for the certificate—these are the bottles he brought from the unfurnished room—he told me to go to Mitchell, the chemist, to get them made up.
JAMES WRIGHT HILL , M.B.C.M. I am a registered medical practitioner at 170, Elizabeth Street, North Woolwich—I first saw the deceased on September 13th at 2.30—I thought he was dying—he was collapsed, and almost pulseless—he was conscious—he complained of pain in the abdomen—I saw him again about 7 p.m.—I thought he would not live many hours—he was almost unconscious; the extremities were cold—the widow came the next morning for a certificate of death—when I
first went I took his pulse, which was slack—I did not know the cause of death, and I did not think I ought to give a certificate, as I might he covering an unqualified man—I heard he was unqualified—I made a postmortem examination on September 16th—the cause of death, in my opinion, was the formation of an abscess in the abdomen, overlying the right, kidney, setting up peritonitis as a secondary cause, and death followed from simple exhaustion—the abscess had been forming for at least a fortnight; it was as large as a cocoanut, containing at least 10oz. of pus—a competent medical man should have discovered pus at least a week before I saw the deceased—I do not think the swelling would have been detected when Dr. Head was called in—the inflammatory symptoms, the temperature, and everything pointed to, and would make one look for, the presence of pus—when once formed it could not be mistaken for anything else—if I had examined the abdomen on September 10th I should have diagnosed the presence or absence of pus—the swelling would be elastic—the proper treatment was immediate operat on—there was no evidence to show there had been dysentery—the symptoms Mrs. Guery describes would indicate intestinal congestion—the Medical Officer of the Seamen's Hospital has no such record—he was treated for phthisis and inflammation of the elbow—I should have recommended immediate operation, the only thing that could have saved the man's life—it would have prolonged it by causing an abatement of the symptoms—there was nothing to lead me to think there was any connection between the abscess I found and the tuberculosis—I should not be surprised at symptoms in the other portions of the body—the left lung contained numerous deposits of tubercle, and the lung was quite adherent to the pleura, indicating some old standing pleurisy—the right lung contained a few tubercular deposits—they were not so large as those of the left—there were not 12; that is a mistake—the state of the left lung was confined to the apex—both lungs were in a state of passive congestion, due to stagnation, as in the case of a person remaining in bed several days, which will induce slow circulation and set up passive congestion as distinct from active congestion, which has acute and inflammatory symptoms—there was no breaking down—in the prescription the five grains of Dover's powder contained a small quantity of opium—that would relieve the pain—then he prescribed five grains of quinine, which would reduce the temperature—that was all right, if he had kept to that treatment—for abdominal treatment the wife's giving castor oil would be bad—the only relief was by opening the swelling—as to discovering the abscess, you first of all have a history of the case from the widow—then one would take the temperature—that was formerly, before she thermometer was used, done as Head did it, by guess, but the doctors were educated by their sense of touch to get it better than we do by the use of a clinical thermometer—having localised the pain, I should have confined my research to that region, and ascertained if the swelling increased—if I had been told the man had suffered from dysentery, it would have made me think it might have been dysenteric ulceration of the bowels, which in its early stage would probably appear—in a later stage you get inflammation and a cellular swelling—I have known a case where a man lived eight days after ulceration of the bowels—this might have been mistaken for ulceration of the
bowels, and a local abscess formed, giving rise to the identical symptoms the patient had—if a man arrived at that conclusion I should not consider that criminal negligence, although he was wrong—if he had discovered dysenteric symptoms, he ought to have kept his eye or his examination directly to the part affected; if he had done so he was bound to have detected the presence of swelling sooner or later—talking of making one or two examinations of the stomach is nonsense—the man's emaciated condition would aid him to make the examination—I thin any qualified man who made the mistake the prisoner has, would be guilty of criminal negligence—a country practitioner might have overlooked the symptom—the most accomplished might make a mistake—then the postmortem examination discloses something different—the effect of having diarrh✗oea would be an effort of the system to get rid of it, to overcome the inflammatory symptoms—the bottles produced contain nothing good or ill—I gave him a pill to ease the pain—an operation only would have prolonged his life—he was not a good subject for an operation.
ARTHUR PEARSON LUFF , M.D., F.R.C.P. I am Lecturer on Medical Jurisprudence in St. Mary's Hospital. I have read the depositions in this case—I heard the last witness's evidence—the deceased's death, in my opinion, was due to a large abscess formed at the extremity of the right kidney, that led to blood poisoning, and that to general failure of strength and death—the symptoms of vomiting, diarrhoea, and abdominal pain would point to abdominal trouble, and indicate a necessity for a careful examination of the abdomen—a competent medical man would be able to discover abscess within a few days of August 31st, by September 5th, or certainly by September 7th—assuming abscess had been detected or suspected, there was absolutely no treatment but operation—a careful examination of the abdomen ought to have been made by the hands by percussion, or tapping of the fingers of one hand over the fingers of the other, by which you detect what is called the dull note over the abscess—that should be done daily, if not twice a day—twice a day is usual when we suspect abscess—an average medical man of 20 years' standing ought not to have missed it—it would be unskilful treatment for an average medical man to have missed an abscess of that size and in the locality where it is easily detected—emaciation would render detection much easier; the only difficulty is in very fat subjects—the result of the operation would have prolonged life, and most probably would have saved it—death at the operating table was unlikely; the abscess was in no vital part, though an operation is better performed at an hospital—the prisoner ought to have taken the temperature; that alone would have put him on the track of the abscess—the fact that the temperature was not taken was the greatest piece of negligence; and, secondly, there was no daily examination of the abdomen—I saw the copy of the prescription with the depositions—I think it is shocking that, without knowing the condition of the kidneys, that a dose of opium should have been given—no qualified medical man would dream of giving it—a perinephritic abscess can be discovered before death—a number of them nave been operated upon, and the patient recovered.
Cross-examined by the prisoner. The dose was not the maximum; no duly qualified medical man would give anything like the maximum dose
without ascertaining whether the kidneys are diseased—if they are diseased, in all probability it would kill him—a qualified mail would never give a dangerous drag without knowing the condition of the kidneys; to give 20 minims doses is absolutely wrong practice.
GEORGE ALVRIE MITCHELL , M.B.C.M. I live at 20, Albion Street, Hull—I am a medical practitioner and locum tenens to Dr. Macdonogh, of 441, North Woolwich Road—on September 14th I was called, to 123, North Woolwich Road—I arrived about 7 p.m.—Mrs. Guery and one or two people were sitting in the kitchen—I rode up on a bicycle, and pushed it into the kitchen—I was taken into the bedroom where the deceased was lying—the prisoner came into the room—he said, "I am Dr. Head"—I said, "Have you been waiting to meet me?"—he said, "No, I live here "—I said, "Are you a qualified medical man?"—he said, "I am an M.R.C.S., England"—I had no idea anybody was in attendance, or what the case was—be began a rambling statement; I could not follow him; he kept going from one thing to another—I proceeded to examine the deceased's chest—the prisoner kept talking, so I could not make an examination—I gave up, and began to move towards the door, intending to withdraw from the case, as I understood another medical man was in attendance—I withdrew—I saw no prescriptions, but the prisoner had papers in his hands which he kept shuffling about like a lot of cards—at the, time I withdrew I believed he was a duly qualified medical man—I did not examine the abdomen because I stopped my examination—I did not hear Dr. Head read his treatment, nor say to Mrs. Query, "Your husband is very bad; you cannot do better than, continue Dr. Head's treatment"—I said to her, "Your husband seems very bad"—she said "I am thoroughly satisfied with what Dr. Head has done"—I said, "Very well, you have a fully qualified medical man in attendance; you had Better continue with him"—what Mrs. Query said is incorrect.
Cross-examined. I said, "Well, Mrs. Query, you called for me; I value my time; I must charge for a special visit," and I charged 5s.—ske did not say, "I think 1s. 6d. is quite enough"—she seemed to think 5s. over-much—site did not suggest some other sum—I got no sum—doctors charge in the East End 1s. to 5s. or 10s.—I am sure you mentioned that you were an M.R.C.S., England.
GEORGE EDWARD HILLEARY . I live at Bleak House, Stratford—I am His Majesty's Coroner for the County Borough of West Ham—I held an inquest on the body of Michael Guery on September 17th, 1901—a summons was issued for the prisoner's attendance on September 23rd, 1901—he did not attend—he was arrested on October 3rd, 1901—he gave evidence after being duly cautioned—I read it to him; the first of the three pages I handed to him—(Read: "I am an unqualified medical assistant. I have had 41 years' experience, 21 dispensing, and 20 as a dentist. I put up board produced at No. 20, Barwood Road. I am not a registered dentist. I have only been at Barnwood Road four days. On Thursday, September 12th, I went to North Woolwich Road, and saw deceased. He was very bad. Both lungs were blocked. I discovered that with my stethoscope. Left was perfectly solid. Right was better than the left. Pulse was very feeble, and heard too. Temperature I gussed at 100. I gave him prescriptions mentioned in paper produced
(signed). My opinion is that the man had phthisis. His wife told me he had been drinking. I examined the stomach, and found in places on the right hand side it hurt the patient. I ordered mustard poultices, and thought he was going to have peritonitis. I have never seen a case of perinephritic abscess, and do not think it would be discovered until after death. I have made hundreds of postmortem examinations. I showed Dr. Mitchell the prescriptions; I have shown the Jury. I was not half drunk at the time. Dr. Mitchell came. In return for treatment of the deceased I received board and lodging. I did not tell either Mrs. Guery or Dr. Mitchell that I was an M.R.C.S. I told Mrs. Query that I had been with Dr. Moir 20 years. I did not tell her that I was unqualified. I do not remember that Dr. Mitchell asked me whether I was qualified; I certainly did not make the answers he suggested. I was so bad with my own eyes that I was glad to have another medical man. I examined the abdomen on the first visit, and I was in attendance on the deceased for a week. I only made one or two examinations of the stomach. I thought his trouble was all lungs. My examination was very careful. The patient complained of pain in his stomach. The medicine was always the same. I got my medicine from Mitchell, the chemist. I thought my medicine was doing him good. He got up and had his trousers on. I never detected the presence of an abscess. There was no external enlargement. The man was terribly emaciated. Stomach at no time was distended. I do not think I could have discovered presence of abscess until after death. I should say left lung might clear up. I personally never operate. If I had a case I should refer it to the hospital. I am capable of judging whether an operation is necessary. I never dreamt of an operation in this case. I never took his temperature. I have not had one for eight months.")—Dr. Moir was a medical man in practice in the parish—I do not think he has been there for some years.
NORMAN CAREW KING . I am a clerk at the General Medical Council Office, 299, Oxford Street, London—I have made a search in the Official Medical Register—the defendant is not, and never was, a registered medical practitioner—I have made a similar search in the Official Dentists' Register—I find he has never been registered—he could be proceeded against under the Medical Act for practising without a licence if he holds himself out to be a doctor.
Cross-examined. You wrote as a dentist in 1869, not as a medical man, but the Dentists Act was not passed till 1878—dentists then in bond fide practice would be recognised—that has nothing to do with the Medical Register.
EMMA LDXFORD . On a Saturday morning in September last I saw the prisoner because I had windy indigestion—he gave me some medicine—it made me very bad—this is his writing—I noticed him write "Dr. Head" on the top, but did not notice the direction—(This was "Dr. A. W. Head, 123, Forth Woolwich Road, and Clyde Road").
The prisoner's statement before the Magistrate: "I did not recognise the abscess. I thought it was phthisis. I did not think there was an abscess
of the liver, as there was no enlargement of the liver whatever. Dr. Mitchell was called in, a qualified medical man, and he never recognised it, and did precisely the same thing as I did."
The prisoner, in his defence, stated that he never said, and that his board did not state that he was a qualified doctor; that he did his best for the deceased, and obtained his drugs from Mitchell's, a chemist, in Victoria Dock Road.
NOT GUILTY .
The JURY wished to have it put on record that no effort should be spared to make it impossible for unqualified men to jeopardise the safety and health of the public by indiscriminate treatment.
768. HENRY TAYLOR (22) PLEADED GUILTY to feloniously uttering 10 forged postal orders, each for the payment of 1s. 6d., and CHARLES ROBSON (20) and EDWARD JONES (22) to being accessories to the said uttering; ROBSON and JONES also to receiving 110 printed forms of postal orders, the property of the Postmaster-General, knowing them to have been stolen; ROBSON and JONES also to forging and uttering a postal order for the payment of 2s.; ROBSON having been convicted at Bristol as Charles Jacksonon October 10th, 1899. Seven other convictions were proved against him. Eighteen months' hard labour. JONES to a conviction, of felony at West Ham on April 17th,1896. Thirteen other convictions were proved against him. Eighteen months' hard labour. TAYLOR, Discharged on recognizances. —And
Before Mr. Commissioner L. Smith, K.C.
WILLIAM HALLETT . I am an engineer, of 14, Webb Street, Plaistow—on Sunday, September 22nd, about 10.20 p.m., I was standing outside the Peacock public-house in Freemason's Road with a Mr. Levick—I saw about 60 persons at the corner of the street, about 12 yards off—I saw a man pushed down, and heard Thomas say, "Don't you think it is a shame to shove a man down like that?"—the prisoner said, "I will serve you the same," and shoved him down—he struck him in his face—he stood out and punched him—I saw three men kicking him—I jumped on a 'bus and went home—they appeared to have been talking as friends—they were sober.
Cross-examined. I heard a mamsay, "The idea of you talking to my wife like that"—two ladies were there.
990 GREEN, Mayor.
WILLIAM LEVICK . I am a shunter, of 119, Freemason's Road, Custom House—I was in the Freemason's Road on this Sunday night, and saw a man knock another down—Thomas said, "I think it is a shame to knock a man down like that"—the prisoner said, "You can have the same," and knocked him down—he hit him with his fist, and he fell flat on his back, and his, head went on the pavement with a hard bang—I am sure Thomas was sober—I think the prisoner was sober—Thomas was carried away—he was picked up by, I think, two or three men.
HARRIETTE MARIA THOMAS . I am the wife of Edward Thomas, of 42, Borough Road—he was a dock labourer—his age was 37—on Sunday, September 22nd, he was sober when he left home about 7 p.m.—between 10.30 and 10.45 p.m. he was brought home by two or three men unconscious—I sent for a doctor, who examined him—he had a bad cut on his forehead, which was bleeding, and a lump on the back of his head, and blood came from his ear—he remained unconscious and in bed till September 25th, when he was taken to the infirmary—on the 26th I saw him at the Asylum at Dagenham—he knew me—I have seen him three times a week—he is getting on nicely, I believe.
ERNNEST VALLENCE . I am Medical Officer at West Ham Union Infirmary—I saw Thomas on September 25th—he was suffering from acute mania—he had a bruise on his forehead, and several bruises on different parts of his body, legs, and arms—the wound on his face might have been caused by a blow—there was no bump or fracture on the back of his head—concussion of the brain is possible without a surface wound—a bump might soon disappear—I ordered his removal to the infirmary, and the next day, the 27th, he was removed—be was in a state of manis, and could not control himself—there were no old bruises—I considered they were done by himself—there could be concussion of the brain by his head having knocked against the pavement, without the skull being fractured.
WILLIAM READER HANBURY . I am Medical Attendant at Dagenham lunatic Asylum, Shadwell Heath, Essex—Thomas was brought in on September 27th—he was extreme y weak, and had a bruise on his forehead over his left eye, and bruises on his body, legs, and arms—he was suffering from acute mania, and was restless and uneasy—he was put to bed—he remained in a state of acute mania a couple of days—then the effect of the blow was going off—he is still in the Asylum—he is convalescent, though very weak, and hardly able to walk—he may not be able to work again, though he may get right mentally.
ARTHUR FENNER (243 K). About 7.10 on, September 27th I was, in plain clothes at Plaistow Railway Station, and saw the prisoner—I said, "You know who, I am?"—he replied, "Yes; is the, man dead?"—I said, "No; I want to take you into custody for assaulting the man Edward Thomas Sunday evening, the 22nd"—he, said, "All right"—on the way to the station he said, "I admit I hit him; we was having a game of 'tip it' he was playing two farthings; we got outside had a word or two, and I struck him"—when the charge was read to him at the station he said, "I admit hitting him."
Prisoner's defence: I was playing tip it with coins, when one man accused the other of cheating and one, man knocked the other down, and it him. GUILTY of a common assault .— Three months' hard labour.
WALTER LEPINE . I am a builder, of 22, College Street, Homerton—on October 7th, about 3.15, I was walking up High Street, Stratford, picking a walnut, and when opposite the Chemical Works I saw the prisoners linked hand-in-hand—Evans got in front of me, and Tavner behind—I felt a tug at my watch chain, and immediately turned and punched Evans on his mouth—I was wearing a gold chain, and a silver watch was in my pocket—I had on a small coat, the same as this, and this overcoat, with the top button buttoned—when I struck the man on the face the chain (Produced) was hanging—it had been drawn though the buttonhole—the watch could not be got because it was pinned inside—Tavner came up in a fighting attitude—I received a blow from Evans on the side of my head—I was trying to protect myself—Tavner said, "I don't think we shall be able to do it; give him the upper cut," and I received a tremendous blow on the left cheek—I do not know whether he fell, or I tripped him up—Evans was kneeling down when the police came and took them into custody—my face was bleeding, and I was excited—the constable said, "What is it?"—they were taken to the station—they were sober, and so was I.
Cross-examined by MR. WARBURTON. I am fairly muscular and taller than the prisoners—the thoroughfare is a crowded one, but not that afternoon—there was a lot of traffic in the road—my undercoat was buttoned—Tavner was not partly drunk, and did not run against me—they were angry—I never saw Evans take off his coat—I had £9 and the watch upon me, which were left intact—the chain cannot come oft the watch without using a pair of, pliers—it was put on four years ago by a watchmaker—it has not been broken—I said before the Magistrate, "I was in no doubt about charging them; I said to the police, 'Take those two men'"—after we had got three or four yards I told one constable the charge.
JOHN HAROLD . I am a carpenter, of 125, Shrewsbury Road, forest Gate—about 3.15 p.m. on Monday, October 7th, I was in High Street, Stratford—I saw the prisoners when I was opposite the Chemical Works, on the other side of the road, knocking the prosecutor about—I tried to get across the road, but could not on account of the traffic at first—when I got across the police came up and took them—I saw them striking at the prosecutor.
Cross-examined by Evans. I did not see you take your coat off.
HERBERT LUCY (310 K). I was on duty in Stratford High Road about 3.15 p.m. on October 7th—I saw people running towards Howard's factory, and followed—I saw the prisoners, and the, prosecutor with his Chain hanging down—the prosecutor said, "I wish to give these two men into custody for attempting to steal my watchand chain, also for assaulting me"—he had marks on both cheeks—I took the prisoners into custody—they were soher—Evans had his coat off.
Cross-examined by MR. WARBURTON. I have made inquiries about them—they bear good characters—they were returning from work—they are employed regularly—the thoroughfare is crowded at all times—that
time was about the busiest—I was on fixed point duty on the other side—I could see the people running across.
THOMAS BOBRITT (K 278). I went with Lucy to where the crowd collected—I took Evans to the station—Lepine said he had attempted to snatch his watch, and had assaulted him by striking him on his face—Evans said, "Yes, and the b——l——s——I would hit him again"—he had no coat on.
Cross-examined by MR. WARBURTON. His coat was brought on—the prisoners have excellent characters—they work at fishmongers' shops—Evans was wearing a light shirt.
JOHN PATTERSON (K 84). I was in charge of the station when the prisoners were brought in and charged—Evans feigned being drunk; he fell against the dock—I took the charge of larceny from the person and violently assaulting the prosecutor—Evans said, "I did push up against him; he hit me, and I hit him back"—Tavner said, "I did not hit him; I merely fell against him."
Cross-examined by MR. WARBURTON. I did not notice any smell of drink—there was a smell of fish—I have made inquiries of three employers, who are willing to take the men back.
TAVNER, in his defence, on oath, said that he was sober, but Evans was drunk, and they were walking arm in arm, when Evans lurched against the prosecutor, who struck Evans in the face, and there was a quarrel; that he never said, "I cannot do it myself; give him the upper cut." EVANS, in his defence, on oath, confirmed this, and added that he struck the prosecutor in self-defence.
NOT GUILTY .
MR. PETER GRAIN, for the Prosecution, offered no evidence.
NOT GUILTY .
Before Mr. Justice Bigham.
COLERIDGE and MR. ELLIOTT Defended.
MARY HISCOCK . I live at 82, Ann Street, Plumstead—I was engaged by the prisoner to act as cook at the Drill Hall at Woolwich, my father being employed as waiter there—I was first there in October, 1899—at that time the deceased was there in residence—she left in December, 1899—I left before she did—I was re-engaged to perform the same service in July, 1901—the prisoner was then living at the Drill Hall alone—at the beginning of September I heard that the deceased intended to return, and she did return on Saturday, September 14th, from Eastbourne,
where she, had been in service—I do not know if the prisoner and the deceased occupied the same bedroom for the first few days, but they were on very good terms—I did not see anything to show that there was other than good feeling till Friday, September 20th—on that day I arrived at the canteen at 7.30 a.m.—I did not sleep there—between 9.30 and 10 a.m. I heard the prisoner and his wife quarrelling—she said she wanted to send out for some groceries, and he said she wanted it to give to her son—during the day they did not seem to get friendly at all—I used to go away about 1 p.m. and come back about 3.30 p.m.—I did not return till 5.30 that afternoon—they were still on strained terms—my father asked the prisoner if he had been up in the officers' dressing-rooms—he said, "No", but he thought he knew who had—when I come back at 5.30 the prisoner asked me if I had opened the dressing-room windows—I said, "No", and he went into the kitchen and asked the deceased what she meant by telling him a lie—he said she had no business to go to the dressing-rooms, as they were nothing to do with her—she paid she would go if she liked—he paid, if she did, he would put her out—she said that, as he had asked her to come back, she intended to stay—the dressing-rooms are used at all times of the day; the windows are supposed to be shut on account of the swords—there was a discussion on the Saturday about the deceased cleaning the brass plate outside the door; the prisoner said his wife wanted to see a man out there, and not to clean the plate—on the Friday evening I stayed there till about 9.30; they did not seem to get any more friendly before I left—the next morning I returned about 7.30 a.m.; they did not seem any different when I saw them together—about 9.30 a Mr Tricker brought some rather large pieces of furniture; I opened the door for him, and he asked for Mrs. Mills—I asked him to go up to the canteen door; he went up, and I think my father opened the door—I heard the prisoner say he would not have the furniture brought in; Mrs. Price said she would have them brought in the Drill Hall way, as she had bought and paid for it—I think it was taken away—when it had gone I went into the billiard-room—I heard voices in the kitchen as if they were quarrelling; I could not hear what was said—as I was going through the dining-room I heard the prisoner say, "I will stick this through you," and I heard the rattle of a sword, as if it was being put back into a scabbard; that was about 9.45 a.m.—I had seen a sword in its scabbard in the bar just outside the kitchen the previous day—I went into the kitchen; the deceased was talking to me, and the prisoner told me not to take any notice of her, as she was a bad woman, and would make me as bad as she was herself—the deceased said she knew she had done wrong by going away, but she was sorry for it—I was going home just after 10 a.m.; that is not my usual time to go home—I went into the kitchen to clean some silver, and the prisoner asked me to get him some soap to wash with; I told him there was none downstairs, but I would get him some—he said he would go upstairs and wash—he went up, and after a short time he came down, carrying a rifle—he sat with it at the bottom of the stairs leading to the kitchen—the deceased was in the kitchen—the prisoner said to me so that she could hear, "If it was not for studying you, Mary, I would shoot Mrs. Price"—the deceased said, "Don't study Mary; do it"—he said, "All right"—he took the sight cap off—he was about to put the rifle to his shoulder,
and I ran in between them—Mrs. Price screamed and ran out into the porch leading to the kitchen—I was standing just beside the stairs when I ran between them; we were all in the kitchen—the prisoner went into the bar then with the rifle—I do not know what he did with it—I went home about 11.30 a.m.; I did not hear anything more between them—I returned just before two, as the prisoner sent for me—I found the deceased sitting in the kitchen crying; the prisoner was in the bar—I did not hear them speak—I did not notice the rifle after my return—the prisoner went upstairs from 2 till about 3.30—the deceased was downstairs during that time, getting tea ready in the kitchen—when the prisoner came down I went out for about 20 minutes; I returned about 4 o'clock—I did not hear anything between them—about 5 o'clock the prisoner told me to go home—I said I would stop and help Mrs. Price wash up—she said, "You need not stop"—the prisoner said I was to go home and he would do the washing up himself—about that time two teas were ordered for the officers' mess—Mrs. Price said she could manage them herself—the prisoner said, "You stay, Mary, and see my teas are sent in"—Mrs. Price and myself got them ready, and I told the prisoner they were ready—he said, "Your father will take them in, Mary"—my father took them in—Mrs. Price wanted to hand the tray to father; I asked her to let me hand it, as I knew what a jealous man the prisoner was; Mrs. Price pushed past me and gave it to father—the prisoner was jealous of any man—he looked very unpleasantly at my father then—I asked him what he looked like that for, and said, "Do you think my father is the attraction"—he said, "It is not your father's fault, Mary; it is Mrs. Price's"—Mrs. Price and I remained in the kitchen, and the prisoner went outside the kitchen door; he could hear what was said—Mrs. Price said, "Don't upset yourself, Mary; he is not worth it"—the prisoner said, "Ain't I? I will soon make short work of you"—I was standing by the dresser, and Mrs. Price was standing by the table, with her back to the fire-place, and sideways to the canteen—I had heard the name Williams mentioned in the morning by the prisoner—I do not think I heard what was said; I only heard the name—it was after the affair of the sword—I heard Mrs. Price say, "You promised me when I came back you would not mention that name"—I did not hear him say anything after that—about five minutes after the prisoner had said to his wife, "I will make short work of you," and while we were standing in the kitchen I heard a shot—Mrs.Price screamed, reeled back, and fell down by the gas stove—I screamed, and ran out into the canteen—I did not see anybody there—I fainted then—when I came to, I was sitting in the corporal's room.
Cross-examined. The deceased came back because the prisoner desired it—I heard that Mrs. Price went away with Williams—when she came back she wasto take over the cooking; she had nothing to do with the officers' quarters; I was to do them—during the whole of the last two days they were perpetually at odds—she answered the prisoner back when he spoke—I know the prisoner's son—he was there on the Friday; he came in about 9 or 9.30 a.m.—I saw Him there on Saturday; he came about 9.30 a.m.—I knew nothing about the furniture till it was delivered—I heard the prisoner say that it was unknown him that it had been ordered—I did not hear the prisoner come into the kitchen on the Friday
morning, and ask his son what he wanted 1s. for—I did not hear anything that young Price said—the prisoner came into the kitchen, and said he would not give the deceased the shilling she wanted—the interval between the last conversation and the firing of the rifle was about five minutes—I was standing by the dresser in the kitchen rolling up an apron during that five minutes—the prisoner was sitting outside the kitchen—I could not see him—Mrs. Price was washing up—if she had looked round she could have seen him—she was never violent—I did not hear anything said during that five minutes.
Re-examined. This is a plan of the kitchen in the canteen—this is the dresser I was standing by—I had seen Williams at Woolwich after the return of Mrs. Price—the canteen is at the headquarters of some Volunteers—the officers came there during September before 6 p.m.
CHARLES HISCOCK . I am father of the last witness, and am a waiter at this Drill Hall—I was engaged by the Canteen Committee—I served under the prisoner—I knew him and his wife when they lived there together—I remember Mrs. Price going away and then coming back—they seemed all right after her return on September 14th up to September 20th—I did not hear them having words on the Friday—I was there at times during Friday—I was there on the Saturday—I heard words between them about 11.30 a.m. about the delivery of some furniture—I heard the deceased say, "You have got me back now, and you will have to keep me, the last time I went away I went with nothing; the next time I mean to go with something"—that took place between 9.30 and 10 a.m.—the prisoner said, "Go away, or I will push you away," or words to that effect—she said, "I dare you, I defy you"—that same morning the prisoner said to me, "I am sure I shall shoot her, Charlie; I am sure I shall"—I told him not to talk so foolishly—that was about an hour and a half after the dispute over the furniture—about 5 p.m. on the Saturday I told the prisoner two teas were wanted for the officers—he said, "All right; take them in; Mary will get them ready"—my daughter soon afterwards came and told him they were ready, and he told me to go and get them—I got them and took them into the mess-room—when I left the kitchen the deceased and my daughter were there—I went from the mess-room into the bar—I saw the prisoner sitting on some boxes—a sergeant came in and asked me for some money—I did not leave the bar—I heard the report of a rifle about two or three minutes after I had seen the prisoner sitting on the boxes—I did not hear any voices between the time I went into the bar and the shot—when I heard the shot I was going to get over the counter, when my daughter came in—she said, 'He has shot Mrs. Price"—I went into the kitchen and found Mrs. Price lying there—I went to the door of the dining room and told the officers that Mrs. Price was lying in the kitchen shot—I believe the prisoner was in the dining-room, but I did not see him—shortly after the police came on the scene.
WILLIAM STANDING . I live at 7, Vincent Street, Canning Town—the deceased was my sister—I believe she married the prisoner in 1878, but I was in India then—I used to visit them at the canteen—the last time I saw them before September 21st was about the second week in July at the canteen—on September 21st. I got two telegrams—the first came about 2.30 p.m., while I was at work, and the second
about 5.30 p.m.—I had just got home—in consequence of the second one I went at once to the Drill Hall at Woolwich—I got there about 6.40—I went into the bar—I had not been there a minute before I heard the report of a gun—the servant came running out, and I saw my sister lying down in the kitchen—I saw the prisoner in the officers' mess—I said to him, "Hulloa, Jack, have you finished her at last?"—he turned round and said, "I have found out a lot since I saw you last"—I have never spoken to the prisoner since—(The first telegram was:)"Come at once, I am at canteen. SISTER." The second:"I am at the canteen; come to night. SISTER.")
HENRY JAMES NORMAN . I am a schoolmaster, of 64, Jervis Road, Plumstead, and am a captain in the Royal West Kent Volunteers—our headquarters are at this Drill Hall at Woolwich—I was there on September 21st—about 6 30 p.m. I heard a shot; I went into the kitchen and saw the prisoner there with a rifle, with smoke coming from it, in his hand—I said, "What have you done, Price?"—he said, "I have shot my wife; she compelled me to do it"—I took the rifle from him, and then went into the bar in consequence of some screaming which I heard there—I went back to the kitchen, and saw Mrs. Price lying on the ground—she died in the course of a few minutes.
Cross-examined. The prisoner was at camp this year—he is a notoriously well-behaved man, and much trusted in the regiment—I have known him since February—I do not know how long he has been known in the regiment—I was transferred from one battalion to another last February—I remember when he was attached to the canteen in 1899, but I was only a casual visitor to the mess then—I know why he resigned in December, 1899; it was because of the awkward position he was in with regard to his wife, and because she had run away—I saw him after September 14th—he seemed to me to be labouring under some trouble—when I spoke to him he seemed to have something preying upon him.
THOMAS CHAPMAN (314 R). At 6.30 p.m. On September 21st I was called to the Drill Hall, where I found the prisoner detained by the officers of the corps—I took charge of him—he said, "It is all right constable; I did it, and I won't put you to any trouble; I did it with a rifle"—he handed me this loaded cartridge (Produced)) and said, "I did it with one like that"—I saw this rifle (Produced)) in a corner of the mess-room—I took possession of it—the prisoner said, "That is the one I did it with."
Cross-examined. He was very nervous and excited when I arrested him, and his mouth was twitching.
CHARLES LANGTREE (Inspector, R). About 6.45 p.m. on September 21st I went to the Drill Hall, Beresford Street, Woolwich, and saw the deceased lying on the floor of the kitchen—the prisoner was in the officers' mess-room, detained by Chapman—I told him I was going to take him into custody for murdering his wife by shooting her; I cautioned him—he said, "I shot my wife to-night about half an hour ago; we have been separated 18 months; she came back to live with me about a week ago"—I saw the rifle, and had the magazine examined; it contained this empty cartridge—the prisoner was taken to the station and charged; he made no reply—I searched him; in taking his belt off, he said, "You need not be frightened of me, Sir; I will see it through now."
HARRY MORTIMER WISE . I am a medical man, of 23, Plumstead Road—I was called to the Drill Hall on the evening of September 21st, where I saw the body of the deceased—I examined her, and next day made a postmortem examination—I found a bullet wound, which was the cause of death—it lacerated the heart in part of its passage—I also found this nickel case (Produced) in the body—the shot was not fired sufficiently close to leave any mark on the body.
FREDERICK UNDERDOWN . I live at 12, Denham Road, Plumstead, and am a machinist and a private in the 3rd West Kent Volunteers—on September 7th I was rifle shooting with the prisoner at Gravesend—on my return I left my rifle with him at the Drill Hall—it was unloaded—this is the rifle.
Cross-examined. It was the annual competition—I shoot on the average about nine shoots a year—I think September 7th was the fourth time this year—it is my habit to unload my rifle before leaving the ground, and I have no doubt that I followed my usual course on September 7th.
HENRY HOLFORD . At 9 p.m. on September 21st I went to the prisoner's quarters at the Drill Hall—I found these five cartridges in a drawer in the top room (Produced))—I also found some letters, some of them addressed by the prisoner to his wife, and by the wife to the prisoner.
JOHN JAMES MURPHY . I am a major in these Volunteers, and live at Plumstcad—in December, 1898, the prisoner came to the canteen as steward, and his wife as cook—he remained till December, 1899; then he left and returned in February, 1901—his wife made application to come back, and she was allowed to do so on condition she did not go into the bar—on September 7th the prisoner would presumably be served out with 24 cartridges, but being a sergeant, he would take three packets, which would be 30—he fired 24 in the course of a competition on that day—this is the ammunition—the nickel case taken from the body of the deceased is a nickel case stripped from a bullet.
Cross-examined. The prisoner has been a thoroughly honest, trust-worthy, and respectable servant while he has been in the regiment—he was bound to be a confidential servant by virtue of his position—he discovered an intrigue which his wife was carrying on; he followed her and Williams one night; there was a fracas in the square, and as he was in uniform he felt he had disgraced himself, and he thought he ought to leave—the officers gave him a testimonial when he left—I saw his wife as a servant about the place—I do not know if she was a temperish woman, except what I heard—there were occasions when Williams was in the bar—he is a bandsman in the corps, and was in the habit of using the canteen—on one or two occasions officers have been sent for by the prisoner to make peace between them—I have charge of the prisoner's accounts—I know he was worried over them—while we were in camp he undertook the duty of mess steward, and also the responsibility of running the canteen—he was very anxious about his money, being in open camp, and he found out towards the end of the week's camp he had lost £10—as he usually slept with his money on him, he concluded the money was stolen from him on the only occasion that he slept undressed—I know that was worrying him when he came back—he met his wife at Woolwich in July, but I did not know it till this case came on—I saw him after his
wife came back—his manner was then what I should describe as a state of tense nervousness; he never seemed comfortable; he seemed to forget things; if you sent him for two things he would bring back one; he seemed to have something on his mind—I was at the Drill Hall on September 21st about 15 minutes after this happened, but not before.
Re-examined. Williams is at Woolwich now—he has been dismissed from the corps; he may have come back to the quarters without my knowledge, but not as a member of the battalion—I think he was very worried domestically; he had to find a housekeeper, and while his wife was away he b✗d to get anybody he could, and probably pay through the nose for their services, and at the same time he had not the comforts.
CHARLES HISCOCK (Cross-examined by) (LORD COLERIDGE). I said in my statement, "I wish to add that Mrs. Price tantalised her husband very much during the day, and frequently said he was worthless"—that is correct—I was present when she said that—I think my daughter was present as well—my daughter did not give me letters from the deceased to give to Williams.
Re-examined. I heard the deceased say the prisoner was worthless both before and after the prisoner said he would shoot her—I was upstairs on the Saturday afternoon.
By the COURT. I never received any letters from the deceased addressed to Williams.
Evidence for the Defence.
MATHEW AUDSLEY . I am sergeant-instructor of the 3rd Volunteer Battalion of the West Kent Regiment, stationed at Woolwich—I have known the prisoner about two years and a half—during the last six months I have noticed a great change in his manner and demeanour—before that he was always very cheerful and bright; after that he was crying, and always telling me of his troubles with his wife—on September 21st I was in the bar about 10 a.m., and saw him there—he was crying on the counter of the bar—his head was on his arm, and he was sobbing very bitterly—I put it down to his troubles—during the last fortnight he had cried to me three or four times—I said, "What is the matter now, John?"—he said, "Oh! she has worried me to death"—I used to try and console him in his trouble—he used to confide in me a great deal latterly—he did not give me any particular reason; I asked him the reason—he said, "I do not know, I do not know"—I said, "Buck up, old boy," and he did seem toget better—I next saw him about 6.30 p.m.—I had just dismissed a class of young officers—I called for the prisoner, as I always did—he said, "I am here"—I asked for some biscuits and cheese and a glass of ale—his girl, as he calls her, brought them—I saw that the prisoner's eyes were bulging out—he came from the kitchen, I believe—I then put 3d. on the counter; he would not take it; he said, "I do not want any money"—I called to the waiter who was in the bar, and said to him, "You put that 3d. in the till, and tell Price have paid you"—he then left me, and went round to the kitchen, I think
—when he left the bar he seemed still to be depressed in spirits—he did not tell me how he felt; he could hardly speak to me.
Cross-examined. I knew the prisoner's wife was not living with him at first; she had gone from him for a little while—I think she kept worrying him for money—I said to him, "Why don't you get a divorce from the woman?" his troubles were because of her claims for money—he knew what sort of woman she was, as he had to keep her—it was very inconvenient for him her being away from the canteen, because he had to pay others for the work she would have done—I know she had written to him to ask him to take her back, and he told me he had consented to do so—she came back on the Saturday, I believe; I did not know it till the Tuesday—I occasionally went into the canteen from the Tuesday to the following Saturday—I saw the prisoner doing his work there, but not in the same spirits as he had done it before—when I went into the canteen at 6.30 on the Saturday I did not see the prisoner sitting on some ginger beer boxes—I saw him; he seemed very strange; he was not crying—his voice was husky.
EDITH HAWKES . I am married, and live at 51, Brookhill Road, Woolwich—I have known the prisoner and his wife about nine years—I remember him when he was servant to a Captain Taylor many years ago—he was always a well-conducted and sober man—I remember him being steward at this canteen, and his wife being cook in January, 1899—I occasionally helped them—she was not a very good-tempered woman—they did not have any quarrels at that time—I remember her leaving him in December, 1899, and going to live with Williams at 14, Brookhill Road—I was not living at 51, Brookhill Road then, I lived about 10 minutes' walk away from them—I remember the prisoner going back again to the canteen in March—I went to assist him as cook and housekeeper—I did not see anything of the deceased from March to July, 1901—I met her one day in the road at Woolwich; she said she had left Williams, as they had had a disagreement, and had gone to her brother, William Standing, in Canning Town—she came to the canteen quite unexpectedly on July 3rd—I asked her what she came for—she said, "My place is where my husband is"—I said, "Very well; you stay, and I will go; most certainly your place is where your husband is"—the prisoner was waiting on the officers in the officers' mess; he came in, and he looked like someone who had received a great shock—when he saw his wife he asked her why she came, but I cannot remember her answer—she went upstairs with him—he asked her to leave; she said she could not go that night; she had such a dreadful bad headache; she could not go out to look for a room that night—she stayed there that night, and next morning she wanted to assist me in doing the work; I refused, and said I would not work with her—she tried to cause a disturbance; she said I was only a woman, the same as her—she went out to get a room in the neighbourhood, and she left on the evening of the 4th—she wanted me to agree to her staying there, and not let the officers know—I knew the officers had forbidden her there—she was in the bar the following Sunday with the prisoner—I did not see her, but I heard her—I left my service there as cook on July 9th on account of Mrs. Price coming to and fro—the prisoner was then in a very excited state; at
times his head was very bad, but after Mrs. Price came back it was worse—he did not go to bed at regular hours; it was a great bother to get him to bed—I have seen him sitting in the kitchen crying at 3 a.m.—when he was in that state he said he thought his wife would drive him mad—he said that before and after his wife returned—I did not see him in the street between July 3rd and 9th—he was always a very respectable man.
Cross-examined. I do not know the prisoner's writing—I think I should know his wife's writing—this letter (Produced) is in her writing—I do not know this other writing (Produced)—(The first letter was dated September 3rd, from Eastbourne, from the deceased, and directed to Captain Forsdyke, asking to be taken back, at her husbands request, as he could not get on without her; the second also from the deceased, dated December 10th, to the prisoner, asking if she could go back next week.)
FRANK EDWARD MILES . I live at 17, Beresford Street, Woolwich—last September I was living at the canteen with my wife and the prisoner—my wife was housekeeper to the prisoner—I used to help a bit now and then—we were not paid, we had our rooms free, and gas and coal—we went there about July or August last—I had known the prisoner about 12 months—when I first knew him he was bright and cheerful; I noticed a change in him when he came back from camp in August—I was not at Aldershot—he was very absent-minded, and used to sit talking to himself; he used to cry a lot—that went on till his wife came to the canteen on September 14th—the prisoner seemed very pleased and glad when she came—they seemed to be on good terms with each other till Monday, the 16th—he wanted to go out on business on Monday night, and she would not let him go—after that the prisoner seemed to be very friendly, but the deceased did not seem to be—I did not notice any other quarrel till the Friday night—they had a few words, but I went out when they started—I know he was locked out of his bedroom all Friday night by Mrs. Price—when I saw him next morning, about 7.20, he seemed to have been crying all night—I did not see him after that till 1 p.m. on Saturday in the bar, when he looked very much upset—Mrs. Price was in the kitchen—I saw him several times during the afternoon—he said to me, "Will you look after the bar while I go and have a sleep?"—that was about 3 p.m.—I said, "Yes, Mr. Price"—the next time I see him was about 5.45, in the bar—I did not see Mrs. Price then—I went across to the Duke of Edinburgh—I remained there till about 6.15—I saw the prisoner standing in the bar of the public-house—I had a few minutes' talk with him—the Duke of Edinburgh is about 60 yards from the canteen—the prisoner looked very strange, and his eyes were very much bowed—he asked me to have a drink—I had a drink—I said I was going to take my child down to its grandmother's—he said, "You don't want to do that; there will be nothing to upset him"—he remained in the public-house about five minutes—I left before he did—I was upstairs when he returned—I saw him in the canteen before the shot—he was sitting in a chair, talking and muttering to himself; he did not speak to me—that was the last I saw of him.
By the JURY. He could get what he wanted to drink at the canteen.
Cross-examined. He had a small port at the Duke of Edinburgh—he
did not have anything to drink at the canteen while I was there—he did not appear as if he had been drinking—I was going to leave the place, and I told him so—I do not know his writing.
FREDERICK DAVIS . I keep the Duke of Edinburgh, 10 yards from the canteen—I have known Price two years and a month, coming there—on Saturday, September 21st, about 6 p.m., he came in looking very much worried—I asked him what was the matter; he said that he was in trouble with his wife, and had come to have a chat with me—he left me at 6.15—I was very busy, and had no assistance—that was all he said, but as he left he said that he would come back later and have a chat with me—he did not do so—I have seen him every day since his return in March, about the canteen—he always seemed to be in trouble, something on his mind which he could not express—I did not notice whether he drank more lately than formerly—since I have known him he has been a very quiet man—I knew his wife, but only knew that she was a bad woman—her badness was not confined to the man Williams—I have seen her acting in a very improper manner with gentlemen in my bar-parlour, and ordered her out of the house.
Cross-examined. He came to have a little conversation, but did not drink then; he afterwards had two two-pennyworths of port wine—he evidently had been drinking when he came that evening, but not to excess.
By the JURY. He could not drink without my knowledge—I was in the bar, and served him myself—I do not know what he had had else-where—I have only once seen him intoxicated in my house.
ELEANOR MILES . I became housekeeper at the canteen about the end of July, and lived there with my husband—we had our rooms rent free—I had known Price about two months—when I first knew him he was a cheerful, bright sort of man—I remember his going away to Aldershot at the beginning of August—he did not seem the same man when he came back—he was not as cheerful as before—I remained with him down to Mrs. Price's death—I remember her coming on December 14th—he seemed pleased to have her back, and at first they got on very well together—that lasted up till Tuesday—I was hardly in the place up to Saturday—she wanted a looking-glass, and I told her where she could get one reasonable—I did not know that it was being bought, or was to be delivered in my name, but there was a parcel for me—I did not know that there was a disturbance between Price and his wife about the furniture coming in my name; I did not know they were purchased—there was a looking-glass or over-mantel, price 17s.—Mrs. Price asked me whether I had paid for it—I was sleeping in the house, and when I went down on the Saturday morning, about 8.30, Mr. Price was in the bar—he seemed very strange—Mrs. Price said something, and I asked him what it meant—he said, "I don't know"—I saw him again about 11 o'clock in the bar—he seemed down—I was going out, and I asked him whether he wanted anything—I went back in the middle of the afternoon, and went out again and returned, and saw him in the bar, but did not take much notice of him—I heard no conversation between him and his wife—that was the last I saw of him before I heard the shot fired.
Cross-examined. I was there on the Saturday morning when the
furniture came, and heard the row about it—I heard him say, "I will turn you out; you don't mark me"—after that I saw him at the canteen door—I went out for a time—there was some drink on the bar just as I was going out; it was port wine—that was 9.30 to 10 o'clock—when the looking-glass came in I said, "I know nothing about it"—that was the looking-glass which I had paid for on Friday, which I had bought for Mrs. Price the day before—I had got the money from her for that and some other articles of furniture, which were to go upstairs into their bedroom—he called out that he would not have it left; Mrs. Price went to the door, and it was taken away—in the course of the dispute he said, "I will turn you out"—after that I saw him take the rifle from behind the canteen door and go upstairs—I then went out for a short time, and returned about 10.30—I did not partake of any drink after that in the canteen—I had some port wine at 12 o'clock, and Price had some—Mrs. Price came into the bar while I was drinking, and he said, "What do you want?"—she said, "The same as that woman has got"—he said, "I only wish you were as good as that woman, or half as good, if you want anything, you must pay for it"—I did not see whether she got any drink—I went out shortly afterwards, and came back in the course of the afternoon—I did not notice the rifle standing in the canteen that afternoon.
HENRY JAMES BROUGHTON . I am a publican, of the Royal Mortar Hotel, Woolwich—I have known the prisoner about three years—I have never been to his house—I do not know his wife—for a week prior to September 21st I know the prisoner had been drinking—when he was in conversation he would sometimes appear to drift away from the subject—I did not notice anything exceptional about him during the week before the tragedy—he was not a heavy drinker, but he drank more than most people—I do not know if he had anything on his mind—we never went into private matters—I last saw him on Friday morning, September 20th.
COLONEL CHARLES DAVIS . I am stationed at Woolwich, and am in charge of the office at the gun factory there—I live at 172, Burridge Road, Plumstead—until three years and a half ago I was Colonel-commandant of the 3rd V.B. West Kent Regiment—I am now on the staff as honorary colonel—I generally call at the officers' mess about once a week—I happened to call there about 1.30 p.m. on September 21st to look at the illustrated papers—the prisoner brought me in the Illustrated London News—he seemed very strange; he stood at attention, and looked at me for some little while—he cast his eyes to the ceiling; I thought he was perfectly distrait; he seemed off his head altogether—he did not speak—I paid him for a small drink I had, and he brought me the change, and stood at attention again; then he took his tray up and went off—I have known him ever since he was first appointed as steward—I had never seen him like that before—he was a most efficient man in every way—he had a most excellent reputation with the officers and the men—I have not seen him since September 21st until to-day.
Cross-examined. I do not know if he had been drinking between September 14th and 21st; he did not appear to have been drinking on September 21st; he looked as if he had been crying, and his eyes looked all round the room.
MARY ANN DAVIS . I am the wife of Frederick Davis, the landlord of the Duke of Edinburgh—I have known the prisoner two years and one month; he is a respectable man—I should say his wife had a very bad character—I remember having a conversation with her outside the Drill Hall; I cannot remember the date—she said Mary Hiscock took letters to her father to give to Williams—I did not see the prisoner on the day of the tragedy.
JOHN GEORGE BRASH . I am sergeant-major instructor to the 3rd V.B. West Kent Regiment, stationed at Woolwich—I have known the prisoner for about three years—when I first knew him he was very cheerful and jovial—he did not seem to have any trouble on his mind then—I noticed a change in him in December, 1899—I heard of his family troubles—I saw him about 2.20 on September 21st at the canteen; he was sitting with his back towards the door, with his head resting on his knee—I asked him if a man I wanted was there—he said No, he had gone to his dinner—he seemed to be brooding—he had a haggard look about his eyes—that was the last I saw of him till after the occurrence.
GEORGE DOUSE . I the landlord of the Gun public house at Woolwich—I noticed that the prisoner had been drinking more for about a week before September 21st than formerly—I thought his manner was rather strange—I was with him at the canteen on September 21st about 1 p.m., and he asked me to come back again—I said I would see him at 6 p.m.—I went down to the canteen with a friend—I thought he was very strange and impetuous; he seemed all on the shake—up till quite lately he was a quiet fellow.
LIEUTENANT WILD . I belong to the Royal Artillery—I knew the prisoner intimately between 1883 and 1889—he was an exceedingly sober and quiet man—he is an artilleryman—carbines are issued to the mounted branches of Artillery, and also to garrisons, but are very rarely used—I cannot account for the prisoner being able to shoot as well as he did, as a rifle would be an unfamiliar weapon to him.
Cross-examined. I do not know if he had been in the habit of practising shooting.
EDWARD PRICE . I am the prisoner's son, and am in the 1st Depot Battery of the Royal Field Artillery—I joined the Army in December, 1899, because of my mother's disgrace—up to that time I had lived with the prisoner—when my mother lived at home she used to go out at night, and three or four nights a week I have been riding about London on my machine, looking for her—I have seen her going across Woolwich Common at 1 a.m. with another woman—after the Williams' affair my father was desirous of resuming relations with my mother, and one night he went down on his knees to her and asked her to go on better, but she only laughed at him—letters passed between them in September—he wanted to give her another chance, and wanted to have her back, if she would mend her ways—she constantly asked him for money, and he tried to get it for her, because he thought she might go on better, but she never did—I remember her returning on Saturday night, September 14th—when I saw her that night she said she had not come back to please my father, but she had come back to rob him, to get some money to send my sister to India with—my sister was going to get married; she was in
service then—my mother said the last time she went she went with nothing, but next time she went she meant to go with something—I told my father what she had said—I went again on Monday, and saw them again—ever since I can remember she has always nagged at him; she told him on Monday or Tuesday that he was not worth her notice, and that she wished him dead, so that she could do what she liked—I went down every day that week—my father seemed to be worried; one night he was crying; he went upstairs—I shut the place up, and then went up after him; he was still crying—I was there on the Saturday; I went about 9.30 a.m.; my father was in the bar, but he did not recognise me—my mother was in the kitchen, shouting—I said to her, "How is father going on?"—she said, "Bother him!"—I said he had not spoken to me, but just at that time some furniture came—mother tried to get it in through the Drill Hall—I went into the bar where my father was; he was sitting on the bar, with his eyes staring—I said good-bye to him, but he did not answer—after the terrible thing had happened the police sent for me.
Cross-examined. I wrote this letter to my mother on August 29th—she came back on September 14th to do cook's work—she said she was going to buy an outfit for my sister, and to rob father of the money for it, and then rob him again and leave him—they were not on good terms on the Monday—she was always nagging—my father did not appear to be drinking very heavily till the latter part of the week—he drank more on the Friday than he generally did, but he knew what he was doing—I do not know that he drank more than was good for him.
The prisoner, in his defence, on oath, said that he did not remember anything that occurred on the Friday or Saturday, except the recoil of the rifle after it had exploded; that he did not remember threatening his wife, or taking the rifle downstairs, or loading it; that he did not intend to shoot his wife, but that he knew he had done wrong by doing so.
JAMES SCOTT (Re-examined by) (MR. MATHEWS). I am Medical Officer at Holloway Prison—the prisoner was admitted there on September 23rd—since then I have had him under my observation—I do not consider him to be insane at present—I see no evidence that he was insane on September 21st—he said he had little or no recollection of the events of September 21st—he said he had a little recollection of the events of September 20th.
Cross-examined. I furnished a report to the Director of Public Prosecutions at his request—(This stated that when the prisoner was received at Holloway he was depressed, but not more so than one would expect under the circumstances; that he appeared to understand questions; that for the first few nights his sleep was broken, but that afterwards he slept better; that the witness detected no signs of insanity; that the prisoner's married life seemed to have been unhappy; that in December, 1899, he had proof of her infidelity, and that soon after she left him with Williams, which worried him greatly; and that at the time of this occurrence the witness did not consider the prisoner insane, or that he had been underwhilst observation.
The prisoner received a good character.
GUILTY .—Strongly recommended to mercy by the JURY.
Before Mr. Justice Bigham.
JESSIE BOOTH . I am a widow, and live at 52, Chancery Lane—I have known the prisoner and her children some little time—her little girl, Edith Elizabeth, was about 12 years old; her boy, Alfred John, was about 10—on Saturday, September 21st, she and her two children, came to tea with me in the afternoon—she was very fond of them, and an excellent mother—she has more than once said that she was in great, pain, and that it was no use going to hospitals or doctors, as they could do her no good—she complained of pains in her back; she sometimes said that she could not sleep, and was tired—she gave me the impression that she was tired and ill and depressed.
CHARLES THOMAS . I am a warehouseman, of 11, Southwark Street—I went there on September 23rd, about 8.15 a.m.—I rang the bell—the prisoner opened the door—I said, "Good morning"—she said, "Good morning; the latch was on"—she appeared as if she had slept in her dress, and to be ill.
OSCAR SUMNER . I am clerk to Low & Co., of 11, Southwark Street—on September 23rd, about 9.40 a.m., I was in the office on the first floor, and in consequence of something I heard I went on to the landing and saw the prisoner—she said she had murdered both her children—I said, "Good God! Never, Mrolmes!"—she said, "It is too true; I told my husband he never ought to leave me"—I went for the police—Constable Austin went with me to the third floor, and in a back room there I saw the two children—they were both dead; their throats had been cut—on the table in the front room I saw an ordinary white-handled table knife, smeared with blood.
DANIEL AUSTIN (250 M). On September 23rd, about 9.15 a.m., I was called to 11, South wark Street—I went upstairs with Mr. Sumner, and saw the prisoner—she appeared to be very dazed and tremulous, and was holding on to the banister rails—she said, "Oh! come up here, policeman; I have killed my two children!"—I went into the kitchen and said, "Where are the children?"—she pointed to the bedroom opposite, and then to this knife (Produced), which was lying on the kitchen table—there was blood on the handle—she said, "That is what I did it with"—there was also a Bible and this letter on the table—(Read):"What about the death of my darling Nell? Darling husband! I know I am dying, and cannot leave my darlings behind. I hope they will join my darling in heaven. My darling Nell, forget me, but I am mad God be with you!"—I went into the back room and found the bodies of the two children—Edith's body was cold; the boy's body was warm—his throat was also cut.
GEORGE GODLEY (Police Inspector, M). On September 23rd, about 10.10 a.m., I went to the prisoner's residence, 11, Southwark Street, and in the bedroom I saw the bodies of the two children—in the kitchen I saw the prisoner sitting on a chair; her hands were covered with blood—
I said, "Who did this?"—she said, "I did"—she was taken into custody.
JOHN LEWIS JACKEE . I am Surgeon of the M Division, and live at 67, Borough Road—on September 23rd, about 10.40, I was called to 11, Southwark Street, and saw the children; life was extinct in each case—the girl was lying on her back, with her throat cut by a wound about 3in. long, dividing all the tissues down to the bone; she had been dead two or three hours—the boy also had his throat cut; the longer wound was the deeper wound; there was also a cut on the right thumb—he had died only quite recently.
JAMES SCOTT . I am Medical officer of Holloway prison—on September 23rd the prisoner was received there, and from that date till now she has been under my constant observation—when she was admitted she was very depressed; her sleep was very bad for some time—she has improved to some extent; her sleep now is not refreshing—the depression is continued more or less continously—I have spoken to her a great deal, and she has told me a great deal about herself—she told me about the death of her child about seven years ago—she said that it was a great shock to her—she has arrived at her change of life, which is a critical period for women—I have formed an opinion as to what was her condition of mind on September 23rd; I think she was insane, and did not know what she was doing—I think she has practically remained in that condition until now.
GUILTY, but insane, and not responsible for her actions .— To be detained during His Majesty's pleasure.
Before Mr. Recorder.
MR. WOODCOCK Prosecuted.
WILLIAM JAMES RIDGWAY . I live at 67, New Church Road, Camberwell, and am a bookseller's assistant—on August 30th I went to bed about 11 p.m.—the premises were securely fastened—I was disturbed about 2.10 a.m. by a crash of something breaking—I listened a little while, then I heard a window open—I went downstairs, and went to the street door and opened it—I was confronted with another man, not the prisoner—I saw three china flower pots placed outside, and the back part of my bicycle was sticking out of a window—I struggled with the man—we got down as far as my garden gate, then the prisoner came out of my parlour window, from which the bicycle was protruding—he made for the gate—I released the other man and made for the street, as I did not want to have the two of them upon me—the prisoner came to the gate—he hesitated which way to run—he then ran to Caspian Street—there is a urinal there—he made a feint, and then ran to Westmacott Street—he went behind the railings of No. 90—I kept calling for assistance as I ran—I had only put on my slippers and my trousers—a constable came up, and I pointed out the prisoner—he was still lying in the garden of 90, Westmacott Street, under my observation—the policeman arrested him, and we went back to my house—the entrance had been made by breaking
the window and opening the latch, bat my wife had shut the window while I was away.
Cross-examined. I knew better than to attempt to arrest you, as there were two of you—I did not lose sight of you the whole time—anybody could have seen you while you were lying in the garden, but there was not a living soul about—you were crouching about 2ft. away from the pavement—you live quite close to me—you would have got home if you could.
CHARLES COOK (510 P). On the early morning of August 31st I heard shouts of "Police!" in Westmacott Street—I saw the prosecutor—he pointed out the prisoner crouching in the forecourt of No. 90—he rose up and said, "It is all right, governor; I am only here to do a kip"—I took him back to the prosecutor's house and then to the station—he used filthy language when he was charged.
Cross-examined. When I arrested you I thought you had been drinking—you did not point out footmarks under the prosecutor's window, and want them corresponded with your boots.
The prisoner, in a written defence, said that the prosecutor could not have seen the man who was running away all the time, owing to the turnings, and that, when he saw the prisoner lying in the garden, he thought he was the man he was after; that he (the prisoner) was not concealed at all; that he knew nothing about the affair; that he was only sleeping in the garden; that he was not a minute's walk from his own home, and was lying in the garden because he was overcome with drink.
W. J. RIDGWAY ((Re-examined). I saw the prisoner's face, and never lost sight of him the whole time.
GUILTY .—He then PLEADED GUILTY to a conviction of felony at Newington on November 9th, 1898, and ten other convictions were proved against him.— Five years' penal sevitude.
ADJOURNED TO MONDAY, NOVEMBER 18TH,1901.