CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD MAY 5TH, 1902.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
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OYER AND TERMINER AND GAOL DELIVERY
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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, May 5th, 1902, and following days,
Before the Right Hon. SIR JOSEPH COCKFIELD DIMSDALE, Knt., M.P., LORD MAYOR of the City of London; the Hon. Sir EDWARD RIDLEY , one of the Justices of His Majesty's High Court; Sir HENRY EDMUND KNIGHT , Knt., Sir JOSEPH RENALS, Bart.; and Sir JOHN VOCE MOORE, Knt., Aldermen of the said City; Sir FORREST FULTON, Knt., K.C., Recorder of the said City; JOHN POUND , Esq.; FREDK. PRATT ALLISTON, Esq.; and THOMAS BOOR CROSBY, M.D., other of the Aldermen of the said City; ALBERT FREDK. BOSANQUET, Esq., K.C., Common Sergeant of the said City; LUMLEY SMITH , Esq., K.C., M.P., LL.D., Judge of the City of London Court; and JAMES ALEXANDER RENTOUL , Esq., K.C., Deputy 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.
CENTRAL CRIMINAL COURT
DIMSDALE, MAYOR. SEVENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, May 5th, 1902.
Before Mr. Recorder.
(351) DENIS ANTHONY MAYALL (20) and GEORGE ROBERTS (23), to stealing a suit case and other articles, the property of the London and North-Western Railway Company, also to stealing a portmanteau and other articles, the property of the London and North-Western Railway Company, also to stealing a case and other articles, the property of the London, Brighton and South Coast Railway; [Pleaded guilty. See original trial image.] Mayall also PLEADED GUILTY to stealing a a kit bag and other articles, the property of the London and North-Western Railway Company, also a suit case and other articles, the property of the London Brighton and South Coast Railway Company, having been convicted at Marylebone on March 4, 1898. The prisoners were stated to be members of a very clever gang of thieves, some of whom were now in penal servitude. MAYALL, three years penal servitude ; ROBERTS, two years hard labour. —
(352.) ARTHUR JOHNSON (26) , to stealing a diamond pendant and other articles, the property of Kathleen Haliday, having been convicted of felony at Clerkenwell on October 3rd, 1899, as Robert Arthur. (Another conviction was proved against him.) [Pleaded guilty. See original trial image.] Twenty months' hard labour —
under the influence of drink—I got into conversation with four men—McCarthy was one of them—I cannot swear positively to O'Shaughnessy, there was a man very much like him—I paid for drink for them—we had several drinks, and about 10 o'clock the manager refused to serve us—we left the house, we went about fifty yards, and into the centre of Buckingham Palace Road—I was pushed down by some of the men, my pocket was turned out, and about 14s. or 15s. was stolen—I had a sovereign in a small pocket—that was not taken—I cannot say if either of the prisoners were there when I was pushed down.
HENRY ELLERINGTON . I am a hackney carriage driver, No. 5397—on Saturday, April 12th, about 10 p.m., I was sitting on my cab outside the Grosvenor Hotel and opposite the Victoria public-house, I saw the prosecutor rolling in the road with three others—he was very drunk—McCarthy picked him up, took him round the corner, and came back towards the station—I knew McCarthy well—I did not see him come out of the public-house with the others—I did not see O'Shaughnessy there, there was a man similar to him, but I can swear he was not there—the man who was there was not so tall as O'Shaughnessy.
WILLIAM DEVENISH . I am a decorator, of South Lambeth—on April 12th, about 9.45, I was in Buckingham Palace Road—I saw the prisoners come out of a public-house with the prosecutor and another man—they went into the middle of the road—I did not know any of them—they all fell to the ground—I went up and got hold of O'Shaughnessy—he slipped behind a cab and got away—I picked up the prosecutor and assisted him to his feet—I then went towards Victoria to see if I could see a constable—I saw McCarthy hold the prosecutor down by his shoulders—they all ran away, and I saw some silver in McCarthy's hand—I was among them in the middle of the road—both the prosecutor's pockets were turned inside out.—I went to Victoria Railway Station to call a policeman, and as I was returning with one past the Grosvenor Hotel, I saw the prosecutor running as well as he could and McCarthy running after him—I said to the constable. "That is the man," and he caught him—that was about a minute after I had seen him—McCarthy was on the ground with the prosecutor, and O'Shaughnessy tore his coat—I do not agree with the cabman—the prosecutor said to the constable, "That man has done me for over thirty bob."
Cross-examined by McCarthy. You did not help to pick the prosecutor up and put him against the railings—you picked up some money—you were arrested near the Shakespear.
Cross-examined by O'Shaughnessy. Your coat was torn in running away.
By the COURT. I saw O'Shaughnessy again on April 21st at the police-station, and picked him out from twelve others—I should say he is about 5 ft. 6 in. or 7 in.—some of the men from whom I picked him out were about as tall as he is—I did not recognise him by his height but by his face.
were turned inside out—Ellerington said, "That is the man who was robbed, and that is the man who robbed him"—McCarthy was walking after the prosecutor, who was trying to run—I got hold of McCarthy and handed him over to a private individual while I went after the prosecutor—when I caught McCarthy he said, "I have just come from the boozer"—I said "What boozer"—he said he was just coming from the Shakespear—I caught the prosecutor up and I asked him what was wrong with him—he said, "They have done me for about thirty bob, governor, that is one of the men," pointing to McCarthy, "but he did not put his hand into my pocket"—McCarthy said he did not know anything about it except that he was just coming from the Shakespear—at the station the prosecutor refused to sign the charge-sheet owing to finding a sovereign in his watch pocket—when about to be searched McCarthy said, "It is no good searching me, I have got no b----pockets"—I took his two coats off him and in the watch pocket of his trousers I found 9d. in bronze and 2s. 6d. in silver—on April 21st I saw O'Shaughnessy in the Plumbers' Arms—he is supposed to be a scaffolder—I said, "I want you"—he said, "I have been expecting you, governor, but you have made a b----mistake this time, I was miles away buying meat in York Street with my missus"—York Street is about a 1/4 of a mile away—on the way to the station he said, "Well, you have got to prove it"—I took him to the station—he said he should want a fair identification—I said he should have everything fair and just—I placed him with eight others similar to himself—there were two others quite as tall as he is—Devenish identified him; the cabman could not.
Cross-examined by McCarthy. You did not say you had 3s. 6d. in your possession when I arrested you.
Cross-examined by O'Shaughnessy. You did not say to me in the Plumbers' Arms that you had met Detective Sergeant Jones and asked him whether he was looking for you, or that he said, "No, Bill, I know you don't do business that way."
By the COURT. I know Detective Sergeant Jones—I have known O'Shaughnessy for years—the Sergeant may have told him that he was not looking for him—he would know O'Shaughnessy.
McCarthy's Defence. "I was there, but I had nothing to do with the robbery."
O'Shaughnessy, in his defence on oath, said that he and his wife went to York Street, and that he paid a man 1s. that he owed him, that he went into the Duchess of Clarence with the man and his wife and his own wife, and stayed there till closing time, and only went out to get a piece of meat at the butcher's.
Evidence for O'Shaughnessy.
CORNELIUS CAREY . I am a labourer of 28, Littleton Street—O'Shaughnessy was in my company on April 12th from 7.45 till 9.30 p.m. in the Duchess of Clarence—I left him for about an hour while I went shopping—when I returned he was still there—I asked his wife to have a drink, and we stayed there till 12.30 or 12.45. when I left him—the Duchess of Clarence is about ten minutes from the place where the prosecutor was robbed.
Cross-examined. I did not see O'Shaughnessy between 9.30 and 10.30 p.m.
J. MOULD (Re-examined.) I have not got any torn coat here—O'Shaughnessy is wearing the same coat now as he was wearing when I arrested him a week after the robbery.
NOT GUILTY .
MR. ROBINSON Prosecuted.
ARTHUR THACKER (342 N.) At 11 p.m. on April 10th, I was on point duty at West Green Road, Tottenham—the prosecutor came up to me and made a complaint—I saw Foster and Sheldrake just leaving him—I went to Stamford Hill and to the Gate House public-house, where I saw Foster and Sheldrake standing outside—I asked them where the other one was—they said they did not know—I asked the prosecutor to go inside—he went in and said, "He is not there"—he went into the four-ale bar and there pointed out Whitworth—I told all the prisoners I should take them to the station—the prosecutor said, "That is the one who has knocked me down and robbed me"—Whitworth did not say anything—he did not say "All right, what have I done?"—on the way to the station P.C. Adams took this stick from Whitworth—it was sticking out of his pocket it is a piece of a walking stick—the prosecutor walked behind the prisoner all the way to the station—Whitworth did not say anything at the station in my presence—he had had a glass or two but none of the prisoners were drunk—I saw nothing of the occurrence, I was on point duty quite half-a-mile away from the Gate House.
Cross-examined by Foster. I saw your hand was just leaving the prosecutor's when I first saw you—I do not know if you were shaking hands—he gave you 2d. for a drink which I found on you at the station—I asked you where Whitworth was—you said you did not know.
Cross-examined by Sheldrake. I do not know how long I was talking to the prosecutor—he was not drunk—you were going across the road when I came up—I did not say you were standing five yards away—I did not hear the prosecutor say he would summon Whitworth for assault—at the Gate House he said, "That is the man Whitworth, who robbed me."
GEORGE SEAR . I am a ship's steward and live at 14, Lawrence Road,. Tottenham—on April 10th, about 11 p.m., I was in High Street, Tottenham, with Minnie Green—I was not in employment—I met the three prisoners—I knew them before, but I only knew Sheldrake slightly—Whitworth pulled me by the arm and said, "Here, George"—and struck me on my face twice with his fist—I understood that "George "meant myself, because he pulled my arm—I fell, and when I got up he pulled a stick from his pocket and struck me on the top of my head—I fell down, and he got on top of me and took a silver match-box from one pocket and 22s. in silver from the other pocket—he then got up and ran away—the others stood there, Sheldrake on the other side of the road and Foster about two yards away—they did not assault me—I said to them, "I do not
know what you have done this to me for, I have never done you any harm—Foster said, "We did not know it was you or we would not have done it"—he said that he had had some drink—I said I should go down to the point and see the constable on duty—I went towards West Green Road—at the corner, Foster and Sheldrake came up to me, and Foster asked me for 2d. which I gave him for a drink—a policeman came along and I reported it to him—Foster and Sheldrake went up the road towards Stamford Hill—the policeman, and I went after them to the Gate House, and I saw Foster and Sheldrake standing outside—I said, "That is two of them"—the policeman took hold of them and asked me to go into the public-house to find Whitworth—I went in and saw him talking to a female—I said to the policeman, "That is the other one," and he arrested him—on the way to the station I saw Whitworth messing about with his pocket, and a policeman who was walking behind took that stick from him—that is the kind of stick I was struck with.
Cross-examined by Foster. You left me at the corner of West Green Road in rather a friendly manner—you went away—I turned round and saw the policeman—I had complained of having been robbed—at the Gate House you said, "You are not going to charge us, are you?"and I said "Yes, you were all together and you were all in it"—I said you had not struck me, but that you were there—I had borrowed the 22s. that night—I do not remember having drunk with you—I have seen you about—I have treated you—you have not demanded money from me, but you have asked me for money.
Cross-examined by Sheldrake. You were about twenty yards from me when I was assaulted—I did not say at West Green Corner"I could take a summons out against you but I would not do such a thing"—I found out that I had been robbed when I got off the ground—I did not say at the Gate House that I was not going to charge you and Foster, or that I could fight just as well as Whitworth and would fight him in the morning.
Cross-examined by Whitworth. I do not remember your asking me for a cigarette during the day of April 10th, I do not remember seeing you till the evening—I was playing with two boys outside a public-house, I was not fighting them—two gentlemen may have pulled the boys away—I went inside the public-house—I was not drinking with you there—I did not go into the side bar with you—I was not drinking out of the pots, I did once.
By the COURT. I am sure he is the man.
MINNIE GREEN . I am a barmaid at a public-house in Tottenham—on April 10th I had been out, and as I was returning home I met the prosecutor—he and I and another man walked along the road together—while we stood at the corner three men passed us—I could not identify them—I know them now—they passed us and said something to the prosecutor-then one of them turned back and struck the prosecutor with his fist—I saw a second blow, and the prosecutor was knocked into the road—I did not see anything more.
Cross-examined by Foster. I did not see anybody else near the prosecutor when he was struck—the other two men walked on.
EDWARD ADAMS (179 N.) On April 10th, about 11.15, I was walking along near the Bull public-house, Tottenham Green, in plain clothes—I saw the three prisoners together—Sheldrake walked into the middle of the road followed by Foster, who said to Sheldrake., "We were b----fools to do him down, he is a decent fellow to treat us"—they then went down the road—Whitworth came across to them, and they hurried off down the road towards Stamford Hill—I received some information and went back—at West Green Corner I saw the prosecutor talking to P.O. Thacker—we all went to the Gate House, Stamford Hill, and saw Foster and Sheldrake standing outside—Foster said to the prosecutor, "You are not going to charge us, are you, George?"—he said, "I shall"—he asked Foster where the other man was—he said, "I have seen no other man with us to-night"—the prosecutor went inside the public-house and said, "There he is talking to a woman"—Whitworth could hear what he said—I took the prisoners into custody—on the way to the station I saw a stick poking out of Whitworth's pocket—he said, "You b----well are not going to take that"—I took it from him—I searched Sheldrake—I found nothing on him—Foster had 2d. on him—I arrested Whitworth 15 or 20 minutes after the prosecutor was robbed—there were other people in the bar—I do not know if they were his friends.
Cross-examined by Foster. You said you did not know where Whitworth was—I am sure you said "We were b----fools to do him down"—I do not know if the prosecuter is now under remand for cruelty to his wife and children—you went quietly to the station.
Cross-examined by Sheldrake. I had not seen the prosecutor when Foster said that you were fools to do him down.
GEORGE SEAR (Re-examined by Foster.) I do not know if it has anything to do with this case if I am now under remand for cruelty to my child—that man who has just gone outside is my father-in-law, and is trying to do me a lot of harm—I charged four men with highway robbery some time ago—they were discharged by the jury—they were tried here.
Foster, in his defence on oath, said that he met Whitworth on April 10th, and was seeing him home because he was not quite sober, when they met the prosecutor, and-Sheldrake came up and Whitworth spoke to him, but that he did not know what it was about; that he and Sheldrake walked on; that he heard somebody call out "Alf"; that he turned back, and the prosecutor said he had been knocked down; that they all went down to the policeman on point duty; that the prosecutor said, "I could get out a summons for him in the morning"; and the constable said, "I should not do that, I should see him in the morning when he is sober and tell him about it"; that the prosecutor had not said anything about losing anything then; that the prosecutor gave him 2d., and they shook hands and said good-night; that he and Sheldrake went to the Gate House, where they were arrested, and that he did not know what they were arrested for till they were going to the station, when the policeman told them.
Sheldrake, in his defence on oath, said that he met Foster and Whitworth; that Whitworth went towards the prosecutor, who they met; that he walked on; that he heard a scuffle, and heard the prosecutor call out "Alf"; that
Foster went back, and the prosecutor said he had been knocked down; that they all went to the policeman on point duty, and stood talking for about 10 minutes; that the prosecutor never said anything about losing any money; that he and Foster went to the Gate House, where they were arrested, and that he had never robbed or assaulted the prosecutor.
Whitworth's Defence. "I was drunk, I do not remember anything about it. I never saw the stick before the police court."
A. THACKER (Re-examined.) The prosecutor said he had been robbed when he first came to me.
GEORGE SEAR (Re-examined.) It is about two years since I was at sea—I have been a clerk at Tilbury since then, I left there last August—since then I have been working in a warehouse in Houndsditch—I stayed there six or seven weeks—I am now working on the Midland Railway—I have been there for a fortnight—I was not doing anything from October till I went there—the man who lent me the money is not here, but I have had a letter from him asking for it.
NOT GUILTY .
NEW COURT.—Monday, May 5th, 1902.
Before Mr. Common Serjeant.
356. ALFRED HAMMERSTON (17) PLEADED GUILTY to stealing while employed under the Post Office, a post letter and three handkerchiefs, the property of the Postmaster General. Three months' hard labour. —
(357). PERCIVAL HOWELL BROWN (24) , to stealing while employed in the Post Office, a letter containing postal orders for 10s. 6d. and 2s. 6d., also a letter containing postal orders for 5s. and 1s., the property of the Postmaster General. [Pleaded guilty. See original trial image.] Twelve months' hard labour. —
(358) ALBERT EDWARD VERNON to stealing while employed in the Post Office, a letter containing a dividend warrant, also a letter containing a cheque for £5 10s., the property of the Postmaster General. [Pleaded guilty. See original trial image.] Twelve months' hard labour. —
(359) WILLIAM EDWARD COLLINS (26) , to three indictments for forging and uttering the endorsements on cheques for £5 2s. 1d., £33 13s., and £30, also to two indictments for stealing letters containing cheques; from pillar boxes, the property of the Postmaster General. [Pleaded guilty. See original trial image.] Four years' penal servitude ; and
MR. COHEN Prosecuted, and MR. PURCELL Defended.
GEORGE HAMMOND . I have been a cook on board ship—I was sixteen years in the Army and was discharged with a pension—I live at 17, Arthur Street—on April 3rd, about 11.15 a.m., I went into the saloon bar of a public house opposite the Star and Garter, Peter Street—I was quite sober—the prisoners and two others were there (I saw them first at the corner of Sedgwick Street)—when I went in Messenger asked me
to drink—I said that I could not as I had not got the money, I was going; to the post office to draw my money—he said, "I will take a walk with you"—the two prisoners and two others went with me—we walked to the post office in about twenty minutes and I drew my pension, £2 10s. in gold, 2s. in silver, and 2d. in copper—Messenger went in with me and the other three remained outside—they knew what I went in for—we then all went to the Pensioners public-house and had a drink—we all left together and I gave the prisoners a shilling each because they said that they were out of work, and gave the other two sixpence each—I met an old soldier who asked me to have a drink and the six of us went to the Hospital public-house but did not stop long—I took a bus to Victoria and the four got on also—we all got off at the corner of Orchard Street and went into the Star and Garter—I said "I will come in with you but I have had enough drink."I called for a pot of ale for the four—it was then not quite 12 o"clock—Routledge said "Stand a drop of whisky"—I did so and Routledge asked me to drink, I took it up but thought they wanted to drug it and refused to drink—they then got me down on the ground—Routledge was on one side—I had eight hands on me—three or four women were there but they did not touch me—one man had his knee on my back and another got hold of me by my neck and his knee on my right side—my waistcoat was torn open, this is it (Produced)—they took all my money—I kept it in my waistcoat—they have torn one side of it—the gold was in one pocket and the silver in another—I was on the ground about two minutes and got up and saw them rushing out into Peter Street, and I missed all my money and part of my papers—I shouted after I got up but not while they were assaulting me—the people behind the bar did not come to my assistance—Messenger had given me this card (Produced) in the morning and said, "I shall have plenty of money in my pocket by 12 o'clock," and I thought he was a book-maker—they did not break my bones or draw any blood.
Cross-examined. I left home at 8.15, and my first drink was at the Shad wick, opposite the Star and Garter—I had only got 1d.—I went to two other public-houses before going to the Star and Garter and after going to the post office—all four men were strangers to me—I drank ale and a. drop of whisky—I did not give the two ladies anything or order a quartern of whisky for them—one of them did not put her arms round me and dance with me in the middle of the bar—I can swear that it was Routledge who got hold of my throat and had his knee on my back—only us five were in the compartment and the two women—when I fell, all the people ran out, women and all—I went straight to the police station and went with the police to see if we could find the thieves, and saw Routledge in the Elephant and Castle—he said, "Come and have a drink, old man" I went and told the policeman and he was taken, it was then 6 o'clock—it is a mistake to say that it was 2 o'clock—I am sixty years old and do not recollect as well as I did.
Re-examined. I only went into the Elephant and Castle once on the Thursday, and that was at 6 o'clock or 6.15.
Street—on this morning about 11 o'clock I went into the bar and saw Routledge and Hammond there and two women—I did not see Messenger—Routledge frequents the house—George White, the master's son, came in—I did not see Hammond speak to the women—if they danced with him I must have seen it, the compartment is only as big as the jury box—I heard Hammond shout "Help," and saw him coming towards me and the men in the bar running away—I did not see Hammond on the floor—his waistcoat was torn.
Cross-examined. When I went into the bar sis or seven people were in the compartment with the two women—I did not see Messenger there—he is not a stranger to me.
CHARLES HARVEY (Detective A.) On April 3rd, about 9 p.m., I went with Sergeant Watts and Hammond to the Elephant and Castle, Peter Street—if Hammond says it was 6 o'clock he is mistaken—he pointed out Routledge and said, "That is the man who held me by the throat"—I said, "Are you sure"—he said, "Yes, positive"—that was inside the bar—Routledge said that he did not know anything about it—I said, "I shall take you in custody for robbing and assaulting this man"—on the way to the station he said, "I don't know anything about all this, I have not had 2d. in my hand all day"—I read the charge to him—he made no reply and gave no address.
Cross-examined. I first saw Hammond in the morning, and arranged to go round with him later at 7.30—he looked into public-houses and came out and reported to me—he went into the Elephant and Castle and came out and said that the man was there—he had been there before and did not see anybody—I was not far away, but did not see Routledge go in.
ALBERT YARD (Detective A.) On April 3rd, about 10.30, I went with Watts and Hammond to the Elephant and Castle and saw Messenger inside—Hammond pointed him out—I said, "I shall take you to the station for being concerned with the Brighton Slasher in committing a robbery this morning on a man named Hammond at the Star and Garter "'—he said "This is all right, what have you got me for"—I told him—he said, "I had better have stopped indoors than to have been dragged for this lot"—he was placed with nine other men at the station and Hammond identified him—he said, "I deny it, I can prove where I was"—I found four betting cards and Hammond gave me one—Messenger said at the station,"I gave him that card this morning, I went with him to the post office and gave him the card on the way"—I also found on him a pocket-knife, sixpence, and 2 1/2 d.
Cross-examined. I used this book of notes before the Magistrate and read what I have read to-day—Hammond having pointed out Messenger, I put Messenger with nine other men for Hammond to identify him—I have been in the police six years—Routledge is better known in that neighbourhood as the Brighton Slasher—Messenger did not say, "It' is the first I have heard of it, I have been having a sleep"—he said to Hammond at the station,"That betting card you have in your hand I admit I gave you on the way to the post office."
G. HAMMOND (Re-examined). I went with the two tecs to the Elephant and Castle—I was not near him when he was arrested at 10-30—I did not point him out at all before I identified him at the station.
Routledge in his defence, stated upon oath that he met Messenger and Hammond in the Elephant and Castle; that there were eight men and two women; that Hammond was very jolly and asked him to drink and paid for ale and whisky, and some rum for the women; that he was larking with the women and danced into a corner, and all of a sudden he called out "Help," and the women and some of the men ran out, and he thought it prudent to go, but that he never touched Hammond, and did not go with him to the post office to draw his pension, and never saw him till he came into the Star and Garter.
Messenger, in his defence, stated upon oath that he went with Hammond to the post office and gave him one of his betting cards, and left him at the Star and Garter, promising to meet him at 3 o'clock at Whitehall Place, as he was going to bring a man to make a bet, and that Hammond was not assaulted while he was there.
ROUTLEDGE— GUILTY .
He then PLEADED GUILTY to a conviction at Clerkenwell on December 19th, 1899.
(See page 548).
MESSENGER— NOT GUILTY .
OLD COURT—Tuesday, May 6th, 1902.
Before Mr. Recorder.
362. EDWARD SMITH PLEADED GUILTY to breaking and entering the shop of Alfred Roberts and stealing a pair of opera glasses, his property, having been convicted of felony at Clerkenwell on February 7th, 1899, as George Smith. Fifteen other convictions were proved against him. Eighteen months' hard labour ; and
(363) JOHN WILLIAM ROBINSON , to forging and uttering receipts for 1s. 7 1/2 d., 1s. 7 1/2 d., 1s. 5d., 1s. 7d., 3s. 6 1/2 d., and 1s. 8d., with intent to defraud. [Pleaded guilty. See original trial image.] Two months in the second division.
MR. J. P. GRAIN Prosecuted, and MR. ELLIOTT Defended.
GEORGE SIDNEY CLIVE . I am a Captain in the Grenadier Guards—on September 30th I left Thorpe Station on the Great Eastern Railway—my Luggage was despatched by a fast train, after mine—I arrived at Liverpool Street Station at 2.7—I missed from my luggage, my suit case—it and its contents are valued at about £60—it contained some clothes and jewellery—this pin and these studs and links (Produced) were in it—this dress suit is mine—the case had my initials on it, "G. S. C."—this note-book was also in it—I communicated with the Great Eastern Railway authorities—I next saw these Jinks about the middle of January, and the suit about three weeks ago.
KATHLEEN HIARD . I live at 10, Warren Street, Tottenham Court Road—I previously lived at Millbank Street, and the prisoner lodged with me there—he had a separate room there, and also at Warren Street—he was lodging
with me on March 25th when the officers came—I pointed out the prisoner's room to them.
Cross-examined. He was with me fourteen or fifteen months—I do not know if a man named Harris ever came to see him—I do not know a man named Harris.
Re-examined. Men came to see him from time to time—I do not know a man named Roberts.
FREDERICK WEST (Police Sergeant.) I was instructed by Inspector Drew to make certain inquiries, and on March 25th I went to 10, Warren Street, Tottenham Court Road—I saw the landlady, who pointed out a certain room—I went to the room—the prisoner was not there then—about four or five hours afterwards he came in with George Roberts, who was convicted here yesterday (See page 537)—I followed them up to the prisoner's room—when the prisoner saw me, he said, "Halloa! Mr. West, what is up?"—I told him I was going to arrest him for being concerned with another man in custody for stealing luggage from the railway station—he said, "I will admit I have been with Harris (See page 416), but I do not see how you can connect me with it"—Roberts heard all that—he did not say anything—I arrested them both, and took them to Vine Street Station—I left them there and returned to the prisoner's house with Sergeant Clark—I searched the room, among other things I found twelve pawn tickets—these are ten of them, these are the two others, and they relate to the dress suit and the pearl pin—the dress suit was pawned in the name of John Hummell and the pin in the name of John Harvey, of 12, Millbank Street—I did not mention Harris's name to the prisoner—he has been convicted.
ALFRED CLARK (Police Sergeant.) I went with West to search the prisoner's room—I was with him when he found these pawn tickets—when the prisoner was charged at Marlborough Street on April 1st he said, "I was at Kempton on September 30th, and won £15 on a race at 2 o'clock—I got 12 to 1, and the bookmaker I can bring to prove it"—there was no racing at Keropton Park on that day.
THOMAS JONES . I am assistant to Messrs. Attenborough—a pair of links were pawned with us and two sets of studs—I recognise the prisoner—the police communicated with us—I was taken to the police station on, I think, March 26th, and identified him from among about twelve other men—he pledged these studs and links with me on October 17th—this is the duplicate pawn ticket, "Pledged by Mr. G. Harvey for Mr. Hamilton, 10, Palace Street"—he had not pawned any articles with me before—these links were first pledged by Mr. Hamilton, and taken out by him about a week before the prisoner came—Hamilton was alone when he came—the prisoner asked for the same amount on them, and said he brought them for Mr. Hamilton—I recognised the links—he did not say if he was a friend of Hamilton's—I advanced the money—I saw Hamilton here at the March Sessions, under the name of Woodley—I believe he got twelve months' imprisonment (See page 341) for stealing from railways.
Cross-examined. The prisoner may have redeemed the links after Hamilton pawned them.
Re-examined. When Hamilton pawned the links I gave him a ticket, and whoever redeemed them produced the ticket.
EDWARD TAYLOR . I am assistant to Mr. George Smith, of 163, Brompton Road—I produce this dress suit—it was pledged with us on October 1st for 10s. by John Hummell, of 4, Stirling Street—I issued this duplicate to the person on pledging it.
FREDERICK BARRETT . I am a ship owner of Margate and Grimsby—one afternoon in November I travelled from Waterloo to Clapham Junction—I gave my kit bag in charge of a porter—when I got to Clapham Junction it was missing—its value with its contents is about £25—amongst the contents were these two shirts and two pairs of socks.
ROBERT SHARP (Detective C.) I served a copy of additional evidence on the prisoner on March 16th at Holloway Prison and notice of a previous conviction—he replied, "All right, I shall give it to my solicitor."
FREDERICK WEST (re-examined.) I was present at the north london sessions on february 22 nd, 1900, when the prisoner was convicted of larceny from the person, and sentenced to twelve months' hard labour.
the prisoner, in his defence on oath, said that he had been private secretary to a gentleman; that he first met harris in june or july last in the criterion, and thought he was in a stockbroker's office and in a good position; that one night harris was wearing the pearl pin, and he (the prisoner) said how much he admired it, and a little time afterwards, when he lent harris 25s., he gave him (the prisoner) the two pawn tickets, and that he redeemed the links and studs and pin; that harris gave him the ticket for the dress suit, as he (the prisoner) had not got one, that the shirts and socks were found at his room because harris often changed his clothes there and had left his own shirts and socks there, taking some of his (the prisoner's); that he did not know harris had had eighteen months' imprisonment for stealing a bag till about september 26th, but that harris then denied it, and that he did not know the articles were stolen.
GUILTY of receiving recommended to mercy by the jury, believing him to have been the dupe of harris and roberts he then
PLEADED GUILTY to a conviction of felony at clerkenwell on February 20 th, 1900. the police stated that the prisoner was the leader and founder of the gang the jury then withdrew their recommendation to mercy five years' penal servitude. The COURT commended the police.
NEW COURT.—Tuesday, may 6th, and
THIRD COURT, wednesday, May 7th, 1902.
Before Mr. Common Serjeant.
MR. COHEN prosecuted, and MR. PURCELL defended.
FREDERICK WHALE . My father keeps the star and garter, peter street, westminster—on april 3 rd, about six o'clock, I was behind the bar, and saw both the prisoners with a cripple named burnett—and about 8.10 I saw routledge put his hand in burnett's pocket and draw it out—i caught hold of his collar over the counter and burnett called for help—i served them and burnett paid with a half-crown—i gave him 2s. 2d. change—i had to let go of routledge and run for a policeman—i went to the end of the bar and blew a whistle—i was absent about five minutes, and when I came back none of them were in the bar.
Cross-examined. I was alone in the bar and there were about fifteen people there in three compartments, and I had to serve them all—i knew sheekey by sight but did not see him do anything.
JOHN WATTS (police sergeant A.) on april 3 rd I saw sheekey in the elephant and castle, great peter street—called him out and the inspector read the charge to him—he made no reply—the prisoners were put with eight other men and the prosecutor identified them both.
the prosecutor did not appear, and a telegram was received stating that he was in St. george's hospital, although present here yesterday.
ROUTLEDGE— GUILTY .
He then PLEADED GUILTY to a conviction of felony on december 19th, 1899, at clerkenwell, and twenty-two summary convictions were proved against him seven years' penal servitude.
SHEEKEY— NOT GUILTY .
MR. COHEN prosecuted, and MR. PURCELL defended.
WILLIAM LYNCH . I am a furniture porter—on april 8th I was in the star and garter and saw routledge there (see last case)—the barman had him by the neck across the bar—i went to the barman's assistance, and routledge hit me on the head with a glass—i could not see for blood—i was trying to get out of the house, very nearly stunned, and met sheekey at the door—i do not know whether he struck me or whether I was hit at all after I was hit with the glass.
Cross-examined. I was not in the same compartment as routledge and the cripple, and could not see what happened in their compartment, but I heard him say, "i am being robbed," and went round there—i do not think there were fifteen in the compartment—no one said to rout-ledge, "don't do that, ted, as he has been here to see my brother"—there was a good deal of noise—routledge was the nearest man to the cripple—i had seen routledge before but did not know him well—i saw him a week before and he threw a glass at me—that did not increase my friendship for him—i went into the compartment to take the cripple's part—i do not think I hit routledge accidentally—i do not know whether he called out "hold him back"—i never saw sheekey in the compartment but met him as—I was going out—I had not a glass in my hand—i do not know whether sheekey got a cut on his head—i met him inside but I pushed
him down outside and the blood on his head was from my head when I threw him out at the door—I said before the Magistrate, "Sheekey got his head cut when I shoved him down."
FREDERICK WHALE . The evidence I gave before is correct—when I was holding Routledge over the bar Lynch came to my assistance and there was a fight between him and Routledge—I saw Lynch bleeding but did not see how it was caused—I saw Sheekey in the bar but did not see him do anything.
By the COURT. I saw Sheekey strike Lynch with his fist on his face.
Cross-Examined. When the cripple was being held by Routledge I did not hear anyone say, "Don't rob him, Ted, he has come here to see my brother"—I did not see another man come into the compartment with Lynch, directly Lynch came in I went up stairs and blew a whistle for assistance—directly Lynch came in he went up to Routledge and caught hold of him by his shoulder and they began fighting at once—I saw him draw his hand out of the man's pocket—he did not hold out his hand to the man with the cripple and say,"See, I have got nothing"—Routledge struck first—I did not see Lynch with a glass in his hand, he went towards the door of the compartment and Sheekey met him at the door, but what happened after I went to blow the whistle I do not know.
By the COURT. I saw Routledge taking his hand out of the cripple's trousers' pocket in this way and bring it out like this (Describing the act)—Sheekey was there all the time.
ERNEST ROCK CURLING . I am House Surgeon at Westminster Hospital—on the night of April 3rd I saw Lynch there, he had four scalp wounds, two large ones which were serious and two smaller ones—one was on his forehead over his eye which blinded him for the time—he was perfectly sober—I found some small pieces of glass in the wounds—the prisoner also came to the hospital and was seen by my assistant who is not here.
Cross-examined. My assistant prepared him for my inspection, but I did not see him because he left the hospital.
JOHN WATTS (Police Sergeant A.) I arrested the prisoner on April 3rd about 10.30 at the Elephant and Castle, with Messenger—there were several others there—I called him outside and said, "Sheekey. I am going to take you into custody for wounding a man named Lynch"—he said, "Well, what I can say about it is he has put it on me, look here," pointing to blood on his trousers—Lynch said, "Why that is the blood when you fell on me."
Cross-examined. Sheekey had got his head bandaged—he said that he had been to Westminster Hospital—he was still wearing the bandages on the remand.
The prisoner, in his defence, stated upon oath that he was in the middle compartment till Routledge halloaed out for help, and could not see what went on; that he ran round and stood at the door and saw two or three men holding Routledge, Lynch being one; that he caught hold of him by the arm and tried to pull him away, and got hit on the head with a glass, but saw no one with a glass in his hand; that he did not hit Lynch on his head; that he went out and fell and went to the hospital, and was
afterwards arrested, and was then three weeks in the infirmary.
NOT GUILTY .
MR. CALMONT HILL Prosecuted.
GEORGE GIBBS . I am a labourer of Whitechapel—on April 13th, about 11.30 p.m., I was in the middle of the road, and three men came up behind me—one took hold of my arm and held me and the other two, the prisoners, rifled my pockets and took 4s. and a bed ticket—I asked them for the ticket and they gave it back to me—a detective said, "Have those men been robbing you?"—I said, "Yes"—the prisoners were detained opposite the London Hospital—he brought them to me and I identified them, and they were taken to the station—I had lost sight of them.
Cross-examined by Higgins. I did not say that I could not recognise you—the ticket was No. 195—I remained with one detective who left me with a friend of his, and another detective brought you to me.
Cross-examined by Johnson. I am sure you are one of the men who rifled my pockets—I was sober—you walked away on the opposite side to me and I lost sight of you.
Re-examined. I had an opportunity of seeing them when they gave me the ticket back.
WILLIAM BROGDEN (Police Sergeant X.) On the morning of April 13th I was in Whitechapel Road, and saw the prisoners outside a place called Wonderland with another man not here—Gibbs passed them, and the three followed him, and the other man put his arms round his neck and the two prisoners rifled his pockets, one on each side of him—I seized Johnson about two minutes afterwards and another officer seized the other—I said to Johnson, "I am going to take you in custody for robbing that man"—he said, "I know nothing about it," and simulated drunkenness—Gibbs went with me—I never lost sight of them—I found 3s. on Johnson.
Cross-examined by Higgins. You crossed the road—I did not arrest you on the London Hospital side—the robbery took place at the corner of Mount Street—I waited two minutes for the detective to return—I wanted to be certain where the prosecutor would be—I did not ask the detective what was the matter, I knew that—immediately you were arrested you tried to hit the gentleman on his head with a large beer bottle, but he got it and threw it into the road.
Cross-examined by Johnson. A private individual stopped with the prosecutor—he was asked to come to the Court, but he said he did not want to have anything to do with It—I found a florin on you.
HENRY DESSANT (Detective H.) I was with Gibbs, and saw the two prisoners and another man—I followed them—the prisoners stood outside the Wonderland, and the prosecutor passed them—they followed him to the corner of Mount Street—the third man held him, and the prisoners searched his pockets—I took Higgins in custody—he became very violent, and pulled a bottle out of his jacket pocket and raised it to his head—I took it from him—I found on him £1 in gold, some silver
and 6d.—he said nothing—the prosecutor's coat sleeve was torn out—he appeared very much upset—he might have been drinking, but he appeared to be ill—he had no hesitation in identifying them.
Cross-examined by Higgins. I took you at the corner of East Mount Street, where the prosecutor was waiting for me with a private individual—I did not take you to Vallance Road—Sergeant Rotherham did not say, "What is the matter?"—the third man was much younger than you—I did not say, "What have you done?" you did not give me time—you were carrying the bottle in your pocket—the Magistrate asked Gibbs which of you gave him the ticket, and I think he said it was you—he had it in his hand when I went up—I may have lost sight of you for a few seconds, but the sergeant was following you.
Cross-examined by Johnson. It was 12.30 when I first saw you, and about 12.45, when the robbery took place.—Gibbs had the ticket in his hand, and said, "This is all they have left me—you hurried away to the urinal and were arrested together—I told a private individual to assist Gibbs because he seemed very ill—if we had taken you before we should have stood a chance of losing the prosecutor—I was not in Gibbs' company—I followed you because I suspected you.
Evidence for the Defence.
MICHAEL RYAN . I am a bootmaker of 116, Old Montague Street, White-chapel—on Saturday, April 13th, at ten o'clock, I saw Higgins at the Weavers' Arms—we went upstairs where the lead was held, and he put 2s. in the plate—we came out and went to Whitechapel Road to a public-house next door to the Victoria Home, and had half a quartern of rum between us—I asked him for some of his money, to mind it, but he said, "I am all right"—I left him talking to a soldier at 11.30.
Cross-examined. I am his stepfather.
Huggins' Defence. I saw the prosecutor fall, and heard a man halloa out, "I have been robbed. "I saw Johnson taken, and said, "You have made a mistake."I was arrested within 30 yards of my own door. I swear that I know nothing of the robbery.
Johnson's Defence. I gave two men a drink out of my bottle and heard something fall, and was taken to the station. If they never lost sight of us, why did not they take us on the spot and not go yards away? This is a false charge.
GUILTY . They then
PLEADED GUILTY to previous convictions.
HIGGINS, at this Court on November 22nd, 1897, when he was sentenced to three years' penal servitude, and JOHNSON at Clerkenwell on February 18th, 1895. Four other convictions were proved against HIGGINS and five against JOHNSON HIGGINS— Seven years' penal servitude ;
JOHNSON— Five years' penal servitude.
MR. GEE Prosecuted.
THOS. THEOBALD (Police Sergeant). I am stationed at Southend—I was on duty there in the High Street on March 11th about 11 a.m., and saw the prisoner Mayo was driving a light chesnut pony—Jones and a man named Cox were in the trap going towards the Old Town from London—I next saw Jones on April 19th in High Street, Chelmsford, and charged him with being concerned with Cox and others in stealing a pony and trap, the property of Mr. Dawson, on March 10th—he said, "I don't know anything about it, but I ought to be locked up for being in their company"—on April 17th I saw Mayo with twelve other men at Clerkenwell Police Court, and identified him.
Cross-examined by Jones. I did not say to you at Chelmsford, "You will get off as well as Harris did. "
GEORGE ERNEST PHILLIBRON (Essex Constabulary). I am stationed at Prittlewell—on March 12th, between 6 and 7 o'clock, I was in Prittlewell Broadway, and saw the prisoners with Cox and Harris standing round a light chesnut pony with harness on, opposite the Blue Boar public-house—there was no trap—Harris rode away on the pony—I followed to the Railway Tavern and saw the same pony in the stable—I examined it and locked it up—immediately afterwards I saw Cox and Harris and the two prisoners in East Street—I said to Harris, "I believe you stabled a chestnut pony this evening at the Railway Tavern"—he said, "Yes, I did, and a good thing too"—I said, "Whose pony is it?"—he said, "I don't know."—I said to Cox, "Does this pony belong to you?"—he said, "No"—I said, "You were driving it this morning"—he said, "What has that to do with you?"—I said to Jones, "The pony must belong to you"—he said, "Yes, it is mine, I bought it and paid for it"—I said, "Where?"—he said, "Up the road"—I said, "Have you a receipt?"—he said, "No"—I said, "I am not satisfied, I shall detain the pony and harness on suspicion of being stolen."—I next saw Mayo at Islington police station and picked him out from a number of men—I have no doubt he is the man—I went to 49, Francis Terrace, which was represented to me as being their lodging, but did not find them.
Cross-examined by Jones. On March 12th I called you out of the Blue Boar—you said, "Are you satisfied I was not there?"—I said, "Yes," but that referred to another case about which I was making inquiries, and not with regard to the pony and trap.
JOHN SUTTON . I am barman at the Railway Hotel, Prittlewell—on March 11th, about 8 p.m., Jones came into the bar and asked if I could put a pony up for the night—I went out, it was a bright chesnut pony fresh clipped—he put it up in the name of Clapper Harris—I knew Harris by that name—he said, that he would be round by 7 a.m. but I did not see him again till he was at Islington police station, where I identified him—I have no doubt about him.
Cross-examined by Jones. I do not know who took the pony to the stable.
Cross-examined by Mayo. I think I saw you there.
£21 10s., safe at 36, Rydal Mews, and missed them at 12.30, when the police came and informed me—I have seen them since at Southend—I value them at £21 10s.—Mayo used to stable a horse in the same mews, and he once came to my stable to borrow a whip.
Cross-examined by Mayo. On March 12th I went to your house with a detective, and spoke about buying a horse—I wanted to know where you were—I told your wife that I wanted you to buy a horse for me, that was my excuse—I saw you afterwards and said that I would give you 50s. if you would give me information where they were, and I gave you a drink—the next time I saw you was six weeks afterwards.
Re-examined. That conversation was on the Friday following my loss on the Monday—I thought he was likely to know something about it.
By the COURT. When I said I would give him 50s. for information he said that if I went there on the Sunday night he would let me know, but I did not go—he did not say he would come to my place.
CHARLES WALTERS (Police Sergeant N.) On April 9th, about 5.30 p.m., I saw Jones at Chelmsford police station and told him I was going to take him for being concerned with Cox and others in stealing a pony and cart from Rydal Mews on March 10th—he made no answer—I said, "Do you understand?"—he said, "Yes, I understand"—on the way to the station he said, "How did Cox get on?"—I said, "He had seven years at the Old Bailey yesterday, and when he was sentenced he said that you Raffy Jones went down the mews and stole the pony and brought it down to him at Stratford, and afterwards went to Southend with it"—he said, "He will say anything to get out of it, I have never been in trouble before, do what you can for me, I should not have been with them if I had not been drunk"—I took him to Islington station—on the night of April 16th I arrested Mayo at 14, Wellington Place, Clerkenwell—I said, "I want you to come to the station"—he said, "What for?"—I said, "You will, if detained, be charged with Cox and others in custody with stealing a pony and cart, and harness from 36, Rydal Mews, on March 10th"—he said, "I can prove where I was at that time"—I said, "The prisoner Cox stated that Raffy Jones took the horse and brought it to him at Stratford, and then went to Southend together"—he said, "I have never been to South-end in my life, let me go round and call my father and mother"—he was taken to the station and next morning placed with nine more and identified by Phillibron, Round, and Theobald—Jones was also identified—Mayo was afterwards charged and said, "All right, sir"—in the cell afterwards—he said he wished to see me—I went to him—he said, "If you will get me out I will take you to the man who stole it, I know all about it, I do not know his name, but they call him Shrimp."
Cross-examined by Mayo. I did not say to you in the cell, "You know all about it, why don't you tell, you often got a bit of gold off me"—you said if I could get you out you could tell me a lot of things about stolen horses—I wrote this note of what you said at the time, and the inspector was at my side.
Evidence for Jones.
REUBEN HARRIS . I was indicted for stealing the horse and trap—I saw Jones at the Blue Boar, Prittlewell, on the Wednesday after it was stolen—about 11 a.m., me, Jones, a stranger, and Cox rode down the street—Jones got out against the Great Eastern Station at Southend, me and Cox and the stranger rode as far as the London Hotel, Jones came and asked us and we had a drink at the hotel, and in the afternoon I saw Jones at Prittlewell driving a knife-grinding barrow—I got up, and we drove back to the Blue Boar at Prettlewell, where we met Cox, who asked me to take the pony and put it up—Cox went away with the pony with some old man and brought it back with the harness—I am speaking of Dawson's horse and cart that were taken from Wilmington—I first saw them outside the Blue Boar—I knew Cox by seeing him three years ago, and Jones, but not the other man—Cox had got the trap—we drove it and asked a butcher whether he would buy it—I have been acquitted of stealing it—I do not know who stole it—I did not know it was stolen—I am innocent—I was tried with Cox—I did not ask about the pony—Cox used to go out on Sundays with winkles and oranges—he had a horse and trap—he had no stable—I put the pony up, and came back, that is all I know.
Jones received a good character.
Evidence for Mayo.
SUSANNAH GRIFFITHS . I live at 14, Wilmington Street, Margaret Street, Clerkenwell—Mayo is no relation—he lodges on the top floor with his wife—he lodged there in March—I was sitting up for my daughter, and let him in on April 10th—I remember a gentleman coming for him while he was in bed to arrest him—it was some weeks before that—I remember the 10th because I went to a benefit on Saturday night the 8th—I let him in at 10.50 p.m. on 10th, and saw no more of him till the next morning at 9.30—my daughter came in directly after him—the next morning as he was going down stairs he asked the time, I told him just 9.30—he was very late on the 11th, and came home at twelve o'clock—on the Wednesday morning my husband had to wake him at five o'clock, but he did not get up, and he went out at 7.30—he returned about 8 or 8.15 p.m.—my room is near the door, I cannot help seeing them come in and out—on the Thursday I was at work at a laundry—they send for me when they want me.
Cross-examined. I occupy the parlour—I am the landlady's deputy, having been the longest tenant.
CHARLES WHITMAN . I am a packing-case dealer of 442, Church Street, Clapham Road—Mayo was over at my place once or twice in March—he sold a horse for me in March—he sold two horses for me—I cannot remember the dates—he was straightforward, and brought me the money—I have known him about two years—I have never known him charged with theft.
ROSINA MAYO . I am Mayo's mother—I live at 41, Roswell Street, Clerkenwell—he came to my shop on Wednesday, March 12th, and asked me for a penny to buy tobacco—he was only there a few minutes—I remember it, because I asked him if he remembered the 11th was his Uncle Bill's birthday—I was examined before the Magistrate.
Cross-examined. The sales at Aldridge's are on Wednesdays and Saturdays.
JAMES TRIG . I am a seller at Covent Garden—I saw Mayo about 11.30 on a Wednesday at St. Martin's Lane—Lewis's trotting horse was sold on a Wednesday—I saw him that morning—the horse was in the catalogue—I saw him later in the day—I see him at every sale on Tuesdays or Wednesdays.
JOHN COOPER . I am a general dealer, of 10, John's Mews, Lisson Grove,—I attend Aldridge's sales on Saturdays, and mostly on Wednesdays to buy—Lewis's trotting horse was sold on a Wednesday—I have seen Mayo there most Wednesdays—I believe the trotting horse was sold in March—Mayo takes the horse home to the person who buys.
Jones, in his defence, said that he was at Aldridge's sale on Wednesday, March 12th, when Lewis's trotting horse was sold, and that he was innocent of stealing the pony and cart, and had never been to Southend.
NOT GUILTY .
MR. ARMSTRONG Prosecuted.
POLLIE STYLES . I am manageress for Tom Musson, a pastry confectioner, at 94, Huntley Street, Tottenham Court Road—about a fortnight before Easter I supplied the prisoner with goods to the extent of 5s. 9d.—I sent in a bill—he wanted an account—on March 25th he brought a cheque for £25—I could not change it—it was written on paper—he took it away and said he would get it cashed at his club, that he had just received it from his uncle, and that it was perfectly safe—on Saturday, April 19th, he brought this other cheque for £13 10s., written on paper [on the Bedford Branch of the London and County Banking Company, Limited, for£13 10s., payable to"D. Watson, Esq.," signed "Andrew R. Lawson," crossed "London and South Western Bank, Finsbury Branch," and marked "No Account"]—I went into my parlour to cash it, but found Mr. Musson had taken my cash away—I told the prisoner I could not change it, but that I would keep the cheque and pass it through my bank—he became excited, and said he would make me pay for this—he went away after we had fetched a policeman—I sent the cheque to Mr. Musson, 104. Stroud Green Road, to pass it through his bank.
Cross-examined. You asked me for £5 or £6 on account, and I told you I could not—I had not got it—I told you I would give you a receipt, but you would not wait for it—you said you would call on the Monday morning afterwards—you called about 8.30 or 8.40, and asked me to stop the cheque as you had seen the man who said he had no account, and that you had come to pay the 5s. 9d., and would I return the cheque—I said I could not do so as Mr. Musson had it—you wrote to me on the Thursday, April 24th,
and on the Friday—one is in pencil, and the other, on Friday, a few lines.
Re-examined. On the Monday morning he said he got the cheque from a friend, not from his uncle, and said, "Do not pass it through the Bank as I have stopped it."
BERNARD BARTON . I am sub-manager of the London and County Bank, Bedford Branch—"Andrew R. Lawson," the signature on this cheque, is not a customer—he has never been so—the cheque was returned marked, "No account"—I know nothing of the prisoner—we received no letter from him to stop it.
Cross-examined by the Prisoner. I do not know "R. Lawson."
JOHN DAVIES (Detective Officer). I arrested the prisoner on April 25th—I showed him this letter, and asked him if it was his writing, and if it was the letter he sent to Mr. Morgan, a customer with whom he had been dealing—he said, "That is my handwriting."
ADOLPHE VANDENHAUTE . I am a baker, of 32, Charlotte Street, Fitzroy Square—I had known the prisoner several months before he left this cheque on February 11th—he asked if I could oblige him by cashing it (Dated February 17th, 1902, on the National Bank, Limited, 13, Old Broad Street. "Pay Guy Watson, Esquire, or bearer, £6 10s. 6d., Andrew W. Lawson," and returned by the London and County Bank, Limited, Tottenham Court Branch, as post-dated, and marked "Please say on what account drawn.")—I asked him-if he knew the party he got it from—he said, "Yes," and I cashed it—I took it to my bank and it was returned on the Saturday in the same week—I saw him every day—on the Tuesday I told him that the cheque had been returned post-dated, and marked "On what account drawn," and that we must find the drawer—I did not then suspect the cheque—he seemed quite surprised, and said he would look for the man—I asked him how he came by it, and he said he had it through a betting affair connected with boxing—I said, "I shall want my cash"—he spoke about his mother, and said if he could find his uncle in the City he would get some money, and he said a lot of things—I next saw him at the police-court.
Cross-examined. You did not tell me to come to you if anything was wrong, or I would not have cashed it—you gave me your address, 25, Charlotte Street—we went to a public-house together—I took the cheque to Scotland Yard, and they did the rest—as soon as you knew the cheque was wrong I could not get to see you—I think you called at the shop—I saw you one evening and said if the cheque was wrong I would go to the police about it, and you answered, "Do not go to the police, because I am looking for a situation, the people will think I have something to do with the police, and I am sure to lose the job"—you said that your mother was in Cannes or Paris, and you did not know her address—25, Charlotte Street, is a lodging house.
Re-examined. He said "Lawson may be dead, I cannot find him"—he said he used to see him in a public-house frequently.
Evidence for the Defence.
has been in trouble—the prisoner has never been out of the neighbourhood since this cheque affair—he has Jived in Charlotte Street for the last two years and some months—his wife is my friend—in February I was living at 3, Markham Street, Dorset Square—I have been to see Mrs. Watson, and the prisoner has been there till about a fortnight before I came here.
The prisoner, in his defence, said that he did not write the cheques, that everybody knew his name and address, that he did not run away, and he had been rewarded for helping the police, and that he could not forge the cheque if the drawer was not in existence.
He then PLEADED GUILTY to a conviction at Clerkenwell on September 21st, 1897, in the name of Percy Watson, of obtaining money by false pretences. Eighteen months' hard labour.
MR. GANZ Prosecuted.
(The evidence was interpreted to the prisoner.)
HENRY SPONG . I am foreman to George Attenborough and Sons, 193, Fleet Street, pawnbrokers—on April 14-th, between 11 and 12 a.m., the prisoner came into the shop—he was very excitable—I gathered from what he said that he had lost the ticket of a pledge—I told him in English that he would have to make a declaration before a Magistrate, and he went away—about 3 p.m. he came back—I was writing at the counter—he came facing me and brought a bronze—as he had been before and was rather a nuisance I motioned him to take it away—he struck me in the face to the bone with this dagger—the police were sent for and he was given in custody—I have known him nearly twenty years as a customer and seeing him about.
THOMAS CLARKE . I am an assistant at Messrs. Attenborough's, 193, Fleet Street—I remember the prisoner coming into the shop about 3 p.m. on April 14th—I did not take much notice as I had seen him before, till he talked so excitedly that I looked up and saw him stab at the prosecutor in the cheek twice, I think he only reached him once.
CHARLES WOODS (231 City). On April 14th, about 3 p.m., I was called to Messrs. Attenborough's and took the prisoner into custody—I took this dagger from his right hand—the prosecutor was bleeding from the left cheek—I took him to the station—he was charged through an interpreter—I searched him—I found on him some curios, a few bronze coins twenty pawn tickets, a few letters, and some small articles.
JAMES SCOTT . I am the doctor at Holloway Prison—I have had the prisoner under my observation, and since April 15th he has been in a.' restless, excitable condition the greater part of the time laughing, shouting, or emotional and could not be made to conform to the rules—I could not get him to talk in language I could understand sufficiently to judge of illusions but his conduct was that of insanity rather than shamming.
to give notice that he might be dangerous—I made sure he was off his head.
GUILTY, but not responsible for the act. To be detained during His Majesty's pleasure.
MR. HUTTON Prosecuted.
GUILTY . Twelve months' hard labour.
The prisoner stated in the hearing of the Jury that he was guilty.
A previous conviction was proved against him. Six months' hard labour.
THIRD COURT.—Tuesday, May 6th, and
FOURTH COURT—Wednesday, May 7th, 1902.
Before J. A. Rentoul, Esq., K.C., LL.D.
(374). WILLIAM HENRY ALLEN was again indicted with ALBERT CAMP for conspiring with other persons to steal goods the property of Alfred Stedall, their master. They stated in the hearing of the Jury that they were
ALLEN— Three months' and Nine months' hard labour , to run concurrently
CAMP— Six months' hard labour.
(375)— JOHN BAXTER (30) and DOMINICK McCAFFERY (27) , to breaking and entering the shop of Sidney Charles Game, and stealing a bill stamp and 9s., having both been convicted of felony at St. Mary, Newington, Baxter on July 13th, 1898. and McCaffery on August 10th, 1898— [Pleaded guilty. See original trial image.] Five years' penal servitude each.—
(377). PERCY WALKER (19) , to stealing a sack and a quarter of a cwt. of horse provender, the property of Charles Rapp, his master, having been convicted of felony at West Ham on February 24th, 1900— [Pleaded guilty. See original trial image.] One month's hard labour ; and
(378) ROBERT HODGSON (21) , to stealing a piece of lead piping and a brass union affixed to a building belonging to William Surry, after a previous conviction— [Pleaded guilty. See original trial image.] Twelve months' hard labour.
MR. A. E. GILL and MR. GRAHAM CAMPBELL Prosecuted.
with his brother John and a person named Bangle—John picked up a piece of pork from a butcher's shop and handed it to Patrick, who gave it to Bangle, who put it under his coat—I spoke to Constable Barber and we crossed the road—I arrested John and another constable arrested Bangle—Patrick walked away, then rushed through the crowd and struck Constables Dixon and Cully who were assisting me to take John to the station—I directed Dixon to arrest the prisoner because he was concerned with the other men—Dixon seized the prisoner, but the crowd interfered, and he was forced away—I saw Brown 329 X, cross the road towards the prisoner, who made towards him—I saw Brown fall, and Dixon rearrested the prisoner, and Mills, who is employed by the tram company, was taken to the station—a few minutes later I saw Brown at the station with his leg broken—the three men were brought before Mr. Lane and Mr. Bros, and John Kelly and Bangle were dealt with—the prisoner was not drunk, but he had had a glass.
ARTHUR DIXON (553 X) I heard a police whistle—I saw Richards with John Kelly in custody—I assisted to take him to the station—in the High Street Patrick rushed into the crowd and struck out right and left—he struck me on the head, and I lost my helmet and whistle—Richards told me the prisoner was wanted for being concerned in stealing pork, for which John had been arrested—I arrested Patrick, but the crowd forced him away from me—I next saw him a little further down the street in Brown's custody—I went towards him to re-arrest him, but he rushed towards me and took a running kick at Brown, who fell—a tram man went with me to re-arrest him—as I closed with him he kicked the tram man twice—with assistance we got him to the station—he was very violent all the way—he might have had a glass, but he was sober.
GEORGE CULL (400 X.) I assisted Richards and Dixon to take John Kelly to the station—I noticed Brown go towards the prisoner to arrest him—the prisoner ran towards Brown and kicked him, and Brown fell—Brown said, "He has broken my leg"—he made an attempt to get up, but fell again—the prisoner was sober, he may have had a glass—I had seen him a few minutes previously to the stealing—he seemed sober.
WILLIAM HENRY BROWN (329 X) On the night of March 8th I was on duty in Church Road, Acton—I heard police whistles and went in that direction—I saw Richards with John Kelly in custody, surrounded by a crowd, and Patrick Kelly walking away—he afterwards came into the crowd again from behind and struck at the constable and the sergeant, who were taking John to the station—he said, "Go it, Johnnie, they can't take you"—then he turned to me and said, "You f----g bastard, I will kill you stone dead. "and made a run at me, and kicked me on the right leg just above the boot-top—I fell—on trying to rise I found my leg broken—I shouted, "Pick me up he has broken my leg"—I was picked up and taken to the station, and from there to the hospital, where I stayed till I attended the court on April 22nd—the prisoner was sober.
SAMUEL JOLLY . I am a registered medical practitioner on the staff of the Acton Cottage Hospital—Brown was brought there on March 9th suffering from a fractured leg about 4 or 5 in above the ankle—it was
badly broken and swollen, and there was a large amount of extravasated blood under the skin all up the leg—a great deal of violence was necessary to produce the fracture—I have heard the evidence—the kick described would very likely cause it—Brown was six or seven weeks in the hospital under my care, and I have seen him once or twice since—he will be unfit for duty for six months at least.
The prisoner's statement before the magistrate:—"I know nothing about it. I was very drunk." He repeated this in his defence, and added that he was very sorry the constable's leg was broken.
MR. LEYCESTER Prosecuted.
ARTHUR DIXON repeated his evidence and added':—As Mills came to my assistance I caught hold of the prisoner who deliberately kicked Mills on the left side and caused Mills to double down, when Kelly again kicked him on the left shoulder—I assisted to get the prisoner to the station.
THOMAS MILLS . I am a pilot in the service of the London Tramways Company, Limited—I regulate the cars in the interlacing lines—on, March 8th I heard police whistles blowing—I went in the direction of the sound, and found several officers taking John Kelly and Bangle to the station—I saw the prisoner rush and strike right and left at different officers and disappear amongst the crowd—lower down the road by the local offices, he rushed and gave Constable Brown a ferocious kick—I made a grab at him and toppled over—I was kicked on my left side which doubled me up, and he caught me again on my left shoulder—seeing the constable on the ground I went to his assistance and helped to carry him to the station—there was a discoloration on my side and arms, and I suffered pain for several weeks—I was off duty the best part of a week.
GUILTY "of a brutal assault."
Six other convictions were proved against him. Three years' penal servitude. The Court commended Mills for his manly conduct.
MR. GODWIN Prosecuted.
SARAH EASTMEAD . I live at 16, Harrington Streets—on April 18th I was in the Junction Road facing the railway station—the prisoners put their hands in my pocket, took my-purse, and carried me and put me in a water trough—not a creature was near—I told a constable I found at the corner—I afterwards identified them at the station from other men without any difficulty.
Cross-examined by O'Brien. My clothes were wet—I did not blame a gentleman.
Cross-examined by Topping. I have not made a mistake.
Town—on April 18th I was in the Junction Road about 1.10 a.m.—I heard a woman scream and rushed across the road—I saw the prisoners rush out of the Crescent and go in the direction of an archway—then I saw the woman get out of the horse trough—I saw a constable coming up the Junction Road, no one else.
Cross-examined by O'Brien. The two men were about ten yards from the trough—the woman was then getting out of the trough, the light shone on her.
MARK PINNICK (481 Y.) I was on duty in the Junction Road on April 18th about 1.10 a.m.—I heard a scream, "Police!" "Help!"—I saw Eastmead standing on the footway at the corner of Wadham Crescent, the water was running from her clothing over the pavement, and she appeared exhausted—from information I received I followed the prisoners into a common lodging-house—they were walking fast—when the woman gave me information they were not in sight—she gave me their description and the direction they went in—there was not a soul about then—in the lodging house I told the prisoners I should arrest them, and take them to the police-station for identification, for stealing a purse from Sarah Eastmead, and afterwards throwing her into a cattle trough at Wadham Crescent in the Junction Road—they both denied it—shortly before arriving at the police-station O'Brien admitted being there, but said he knew nothing about it—Eastmead identified them without difficulty.
Re-examined. The prosecutrix was not intoxicated, she might have had a glass—she was excited—I believe the prisoners saw me before they reached the lodging-house as they turned into a mews—I found nothing on them—they had been drinking.
The prisoners' statement before the Magistrate:—O'Brien says, "I am innocent of what the lady says. "Topping says, "I can prove where we were at 12.40 a.m.; we were walking home, coming along the road quickly."
The prisoners, in their defence, repeated their statements, O'Brien adding that on seeing the prosecutrix she had accused another man of the assault.
NOT GUILTY .
MR. BODKIN and MR. LEYCESTER Prosecuted; MR. RANDOLPH appeared for the Foglios, and MR. SYMMONS and MR. GANZ for Chapo. The evidence was interpreted to the prisoners.
WILLIAM HOLDEN (356 E.) I was in uniform on duty on Sunday, April 13th about 11 p.m., in Warner Street, Clerkenwell, near Hatton Garden and the Italian Colony—Rumsey was a distance away—I saw a drunken man lying in the roadway—I tried to get him on his legs—as I stooped to assist him I was pushed in the back and fell on to the man—when I got up I saw a large number of Italians pushing one another about and shouting on the pavement—I saw Aleggo in the crowd—Rumsey came to my assistance—Aleggo pushed him in the chest—Rumsey took him into custody—Rumsey was knocked down—I went to his assistance—I took hold of
Aleggo—he struggled very violently—I was pushed by the crowd, who were trying to get Aleggo from my custody—I blew my whistle—Vincenzo struck me on my left ear—Smith 379 E came up and endeavoured to arrest him, but he was lost in the crowd—I was struck another blow near the eye—I still held Aleggo—going up Eyre Street I was struck at the back of the head—I then saw 379 E arrest Vincenzo—he had some difficulty in taking him—I blew my whistle—Aleggo drew my left hand to his mouth and bit my fingers—Pollard, a civilian, got my hand out of his mouth—I found I was bleeding from the side of my face—when I had got Aleggo within about fifty yards of the station assistance came—I was exhausted from loss of blood—Dr. Miller attended me at the station—I have been on the sick list ever since—I did not know the prisoners—I did not draw my truncheon—truncheons were drawn—the crowd was very disorderly—several constables were in plain clothes and about half a dozen in uniform—Aleggo had been drinking, but was not incapably drunk.
Cross-examined by MR. RANDOLPH. The crowd increased to about 200, mostly Italians.
JOHN ALEXANDER MILLER . I am Divisional Surgeon of Police, of Percy House, Percy Circus. I examined Holden—he was suffering from a severe contusion on his left temple and eye, caused by a blow from the fist or something—there was an incised wound an inch long to the bone where the scar is now—there was a slight wound on the back of his head—his left ear was much swollen, and there was an incised wound under it, about an inch long, passing upwards and inwards, through the cartilage of the ear, which would bleed freely, and there were two slight incised wounds on his right ear from cuts—a pocket knife would do it—the third finger on his left hand was severely lacerated exposing the bone on both sides, and torn away probably in getting the finger out of the mouth—he was very exhausted—he will not be fit for duty for another fortnight or three weeks.
FREDERICK RUMSEY (355 G.) About 11 p.m., on April 13th, I was in Warner Street with Holden attending to a tipsy man—Holden was pushed over him—some people, chiefly Italians, got round and behaved in a disorderly manner, pushing each other about and shouting—someone struck Holden behind his head, the back of his right ear—Holden tried to arrest the man, but the crowd prevented him—Aleggo struck me on my right eye—I had not known him—I seized him by the collar—I was struck another violent blow on the right side of my jaw and knocked to the ground—he got away—I got up—Holden took him—he behaved very violently—Vincenzo struck Holden behind his head with his fist and then a second blow towards the back of the head before he was arrested by Smith 379 E—going through Eyre Street with Aleggo I heard Holden shout and I saw his finger in Aleggo's mouth.
Cross-examined by MR. RANDOLPH. I did not draw my truncheon—I saw one drawn.
ALFRED SMITH (379 E.) I was on duty in uniform, and I heard a police whistle—I saw Holden and Rumsey struggling with Aleggo and Vincenzo strike Holden twice behind his left ear while I was pushing through the crowd—he turned back in the crowd—I went after him, and then to the
assistance of Rumsey and Holden—on the way to the station passing through Eyre Street Vincenzo rushed out on the left of the crowd and struck Holden at the back of his head—I took him into custody—he was very violent—I was struck several times in my back.
Cross-examined by MR. RANDOLPH. I had to use my truncheon to get through the crowd.
Re-examined. I have been in the force 10 1/2 years—in this division—it is a rare thing to draw the truncheon—the prisoners were very violent and the crowd disorderly.
ALFRED POLLARD . I am a book binder, of 19, Eastern Street, Rosebery Avenue—I was in Eyre Street a little past 11 p.m. on April 13th—I heard a police whistle—I saw a crowd of about 200, chiefly foreigners—I saw a constable on the ground and his finger in Aleggo's mouth.—I knocked Aleggo's arm away and he released the constable's hand—he was very violent, three constables were trying to hold him—afterwards in Eyre Street I saw the other two prisoners—I saw Chapo strike a policeman and rush back in the crowd once or twice—I received blows, one on the side of my face, and one which made a tooth very loose, and I was struck on my back several times—more constables came up—Chapo was arrested and taken through Eyre Street—I assisted to take Aleggo to the station—I saw Vincenzo tear in and out of the crowd and strike the police.
Cross-examined by MR. RANDOLPH. All was excitement.
Cross-examined by MR. SYMMONS. The prisoners were strangers to me—I am not mistaken, I saw them.
HERBERT SHUTTLEWORTH (175 E.) I was in Rosebery Avenue on April 13th, about 11 p.m., in plain clothes—I heard a police whistle—I ran to Warner Street—I saw Holden and Rumsey with Aleggo in custody—I saw Vincenzo strike Holden on the left side of his head and rush back into the crowd—I tried to get through the crowd to assist the constables—Vincenzo came through the crowd and struck a constable—Smith arrested him—on the way to the station Chapo kicked me on my right side—he shouted, "Get out you f----g English bastard"—Aleggo kicked me on my back and side several times—he was taken into custody by me and No. 292—I received several other blows—the crowd was very disorderly and rough.
WM. SMITH (290 E.) I was in Gray's Inn Road on April 13th about 11.15 p.m.—I saw a crowd round Rumsey and Holden, who had Aleggo in custody—other officers had Vincenzo in custody—I saw Chapo about a quarter of an hour after I arrived—I saw him kick Shuttleworth several times in the back—Shuttleworth arrested him.
Cross-examined by MR. SYMMONS. The kicks were very violent.
FRANCESCO CURA . I live at 26, Great Bath Street, Clerkenwell—on April 13th I was at the police station—I speak Italian and English—I heard the prisoners' replies in Italian to the charge—Aleggo said, "I was on my way home when I was pushed by a person unknown close to the policeman; the policeman turned round and charged me, I done nothing. "Vincenzo said, "I was coming home, I saw a crowd, I ran to see what was the matter in the mob, a lot of policemen went and charged me, I have done nothing."
Chapo said, "I was in Spaglioli's, a shoemaker's shop, playing at cards; I heard a noise, I came out through Warner Street to go to Clerkenwell, Mount Pleasant, I saw a mob; I was with Dominico Cura, son of Veechi Cura, who was with me while I went up; while I was crossing a policeman caught hold of me; he said 'You have to come,' I come without any further asking"—I translated statements afterwards to the best of my recollection.
WILLIAM WELCH (Police Inspector E.) I was on duty at the police station. Gray's Inn Road, on Sunday night, April 13th, when the prisoners were brought in and charged—they were searched—nothing was found on them—I do not know them.
The prisoners, in their defence, repeated on oath their statements at the station.
Witnesses for Chapo.
Cross-examined. Chapo was not in the fight—he asked me what was up—I did not see a policeman on the ground, I saw one being pushed about.
Cross-examined. I did not know Dal Chapo before—the first time I saw him was when he was arrested. Dal Chapo received a good character.
NOT GUILTY .
VINCENZO FOGLIO— Guilty of a common assault. Four months' hard labour. ALEGGO FOGLIO— Guilty on ull counts. Twelve months hard labour.
MR. EVANS Prosecuted.
FRED GARNETT (197 K.) On April 19th, about 10.10 p.m., I was off duty, standing at my street door, 7, Souter Street, Limehouse, and heard a noise proceeding from Dodd Street, 15 yards away.—I went there and saw Sullivan strike Manley on his mouth with his right fist, and put his hand under Manley's coat—I ran towards them, and they ran away—I caught Sullivan—Smith got away, but I arrested him two hours later on at the Eastern Hotel—I searched them, and found 1s, 6d. silver and 11 1/2 d. bronze on Sullivan, and 1s. 0 1/2 d. on Smith—they made no reply to the charge—I have made enquiries about Manley, but he has not been seen since.
Cross-examined by Smith. I swear you were with Sullivan.
Witnesses for Smith.
Cross-examined. We were drinking in the bar at the Eastern Hotel from 8 till 12 p.m.
in the Eastern Hotel, and he was in my company up to the time he was arrested.
Cross-examined. I know it was 9.30 p.m., because we knocked off work on account of the rain.
FRED GARNETT Re-examined. Smith got away out of sight, and I arrested him two hours later—I did not lose sight of Sullivan—Smith was leading by about 4 yards—I am sure of Smith, as I have known him for several years, and when I arrested him in the public-house the last two witnesses were not there.
Guilty of assault and attempted robbery. They then
PLEADED GUILTY to previous convictions, SULLIVAN at the Thames Police Court, on December 23rd, 1901, and SMITH on December 27th, 1901. Six month' hard labour each.
MR. HENDERSON Prosecuted.
SIDNEY HERBERT EVANS . I am a hosier of Station Parade, Hampstead. On March 14th the prisoner called and asked me for some circulars that I had issued for business purposes, as he said he wished to get up a descriptive article to put in the St. James' Review, which had a circulation of 2,000 in the district. He brought a proof of the article next day and read it to me, and I approved of it. He then said it was usual to take 100 copies of the Review on approval of the article, and I gave him a signed order for 100 copies; he asked me for half the cost, £1 5s., which I also gave him, believing his statements to be true. The order was to include the article on my business at 6d. per copy. The address which he gave of the paper was 406, Mansion House Chambers, E.G. Having heard nothing more of the prisoner up to the April 7th, I wrote to St. James' Press, Mansion House Chambers, and the letter was returned through the post marked "Gone away."On April 7th I went to that address and was told that the prisoner had left there about the middle of March, and that letters coming there for him were forwarded to Wood Green. I then went to his house at 3, Granville Gardens, Wood Green, the prisoner opened the door and I said, "You are Mr. Charles Douglas. "He said, "No, he is not in, I am Mr. George Douglas. "He admitted that he had been in Hampstead on March 14th, and I again taxed him with being Charles Douglas and as having received money from me for the St. James' Review, but he still denied his identity. At the time I gave the order he said nothing about my not receiving them until he had obtained 2,000' subscribers. He promised to deliver them the first week in April.
Cross-examined by the Prisoner. I consider I was misled in the first place by the papers not being delivered to date, and in the next place that there is no paper called the St. James' Review—you did not say anything about a special number—the specimen you showed me had the word "Monthly"on the cover, and if I had not seen it I should not have
given you the order—I took it to be a monthly publication—I did not look inside the book.
Re-examined. There was no printing or publishing business of any kind being carried on at 406, Mansion House Chambers—this is the receipt he gave me: "Editorial Office, St. James' Press, Mansion House Chambers, in account with Sidney Herbert and Co., for 100 copies of St. James' Review to include article and half-tone block of premises, £2 10s., By payment on account, £1 5s., Charles Douglas. "
MAUD GATLIFFE . I am a typewriter at 406, Mansion House Chambers, E.G.—I do not know the prisoner, and had not seen him until I saw him at the police court—I received letters addressed to him at the St. James Press, and St. James' Review, 406, Mansion House Chambers, which I forwarded to his private address, Granville Gardens, Wood Green—he never carried on business at Mansion House Chambers, he simply used it as an address—he wrote and asked me if I would receive letters for him.
ALFRED PITT . I am an agent of Kelly's Directories, Limited—I produce a letter received from the prisoner on June 24th, 1901, asking that the address of the St. James' Review should be inserted in the Post Office London Directory, as being at Mansion House Chambers instead of 71, Fleet Street—we replied that it should be done—we also received an outside sheet of the St. James' Illustrated Review—I did not notice the price of it but saw the word "Monthly."
HENRY FOSTER . I assist my father a laundryman, at 144, Fleet Road, Hampstead—the prisoner called at our premises the first week in March, and handed a card to my father with "St. James' Review, Editorial Department," on it. He was shown over the premises and made some notes.—He came again on March 20th and read an article which he had written about our business, which my father approved of—I then wrote an order at his request for 100 copies of the St. James' Review at£2 10s., and paid him 25s. on account—we have never received the proof which he promise us nor the 100 copies.
Cross-examined. You produced a copy of the St. James Review, and gave us to understand that the copies would be similar to it.
WILLIAM LIONEL VIVIAN . I am a provision merchant, of 15, Grand Parade, Muswell Hill—the prisoner called at my shop on December 11th, and said he wished to write an article about our business to insert in the St. James' Review—he produced an old copy of that paper—at his suggestion we had a photo taken of the shop to illustrate the article, which we sent to him at Wood Green—he said the article would appear at the beginning of January, and he afterwards wrote saying that it would not appear until the end of January—we ordered 50 copies of the paper when he first called, and I paid him 15s. on account, believing what he said was true—not having heard from him I wrote to him in February but got no reply—I then went to his address on April 7th at Wood Green and saw his wife, who said that Mr. Douglas was not at home—I told her I had called to see him about the St. James' Review and she said she would ask him to write to me.
Cross-examined. Neither I nor my brother had seen you since the day
you came to the shop and made the agreement—I did not take a photo to your house, I sent it by post.
Re-examined. He wrote the article in the shop—I gave him the particulars and promised to send a photo later on—we never received a proof.
—BALLARD (Detective Sergeant S.) I arrested the prisoner on a warrant on April loth for obtaining money by false pretences from Mr. Evans, and from subsequent inquiries I charged him with the other two offences—in reply he said, "That's all right"—I found on him two magazines called the St. James' Review, dated Midsummer, 1901, and July, 1898 respectively, with the word "Monthly"on the cover, and I found on him a pocket-book and 5d. in coppers—he described himself as a journalist—I have made inquiries, but can find nothing about the St. James' Review ever having been in circulation.
The prisoner, in his defence, said that he had been engaged in the publiccation of a number of papers having for their aim the advertising of tradesmen's businesses, and that he only published them when he got a certain number of subscribers; that he did not put the St. James' Review forward as a monthly publication, and that it would have been published if he had not been deprived of his liberty.
GUILTY . Judgment respited.
OLD COURT.—Wednesday, May 7th, 1902.
Before Mr. Justice Ridley.
MR. CLARKE HALL for the Prosecution, offered no evidence.
NOT GUILTY .
MR. BODKIN Prosecuted.
CHARLES BURRIDGE (Police Inspector, X.) On April 20th I gave the prisoner notice in writing to attend at St. Mary's Hospital—she did so—Mr. Curtis-Bennett, a Magistrate, was present, and in his and the prisoner's presence the deceased made a statement which was taken down in writing—the prisoner cross-examined the deceased.
ANTHONY BIRCH . I am house surgeon at St. Mary's Hospital—the deceased was admitted there about 5 p.m. on April 20th—he was in a state of collapse and was suffering from severe burns—he had some shreds of clothing on him which were nearly burned away—I cannot say if the burns were those of paraffin—later in the day his condition was very serious, and I communicated with the police as I thought he could not survive—I was present during his examination—he died that evening about 8.45—his death was due to exhaustion and shock resulting from burns—the examination was at 10.30 a.m.
MARGARET ELIZABETH TWYFORD . I am the wife of James Twyford, a painter, of Bolton Road, St. John's Wood—the deceased was my father—he had been living with the prisoner for three and a-half years—on April 20th I went to St. Mary's Hospital where I saw my father—next day I saw him lying in the mortuary.
The Deposition of Daniel Grady read. "I live at 87, Malvern Road, Willesden. Unfortunately she is not my wife, I am not married to her. I met the female prisoner about one o'clock yesterday afternoon outside the Chippenham public-house, at the corner of Malvern Road. I bought the food that was wanted for the house, and took some clothes out of pledge. I had a few drinks at different public-houses. The prisoner had one with me. I went home about four o'clock in the afternoon, and came out about five o'clock. I was sober then. I then went and had a drink at the Cambridge public-house with a young man I work with. I do not know his name, and then went with him to the Shakespeare and had another drink. I went for a walk up to the High Read, Kilburn, and got home between ten and eleven o'clock alone. The prisoner was at home in bed. I was sober then. I pulled my coat and vest off and lay on the top of the bed. I do not think the prisoner was sober, or she would not have done what she did, the prisoner got out of bed and was going to strike me with the tongs on the top of the head. I tried to defend myself by pushing her off. She picked up the lamp which was standing on the table she threw it at me and covered me with flames. I don't know exactly what time, but I think it was between half-past three and four in the morning. I tried to put the flames out myself, but I could not, so I ran down the stairs, someone in the house, whose name I do not know, put a piece of carpet round me and put it out. This was done by a man and woman, both strangers, the police came after that, and they brought me straight here to the hospital, all through the day there had been a little quarrelling between me and the prisoner, nothing very much, we have often previously quarrelled, I am not exactly a teetotaller, I work hard, I made fifty-two hours last week as a plasterer, and my wages amounted to £2 5s. 10d. I gave the prisoner 25s. yesterday, besides money during the week, about one shilling a day." Cross-examined by the Prisoner. "The prisoner got my suit of clothes out of pawn for 10s. 2d., I don't remember whether I was in the Chippenham at ten minutes to twelve last night, I did get a can of beer from there, a pint and a half. I drank some and took some home, I was at home before ten o'clock. I got on the bed without waking the prisoner. I did not take the lamp up and throw it at the prisoner, and then she threw it back at me, it's a lie, I am not a terrible drunkard, I do get drunk sometimes, about once a week. I am always jolly with it, but she always upsets me, I suffered six months' imprisonment in America for assaulting my wife, she died whilst I was in prison, she met with an accident not caused by me. I am quite sure I was sober when I went home last night, I did not strike the prisoner outside the Chippenham last night, I never hit the woman at all she hit me."
PHOEBE WATKINS . I am a widow living at 87, Malvern Road, Kilburn, and am the landlady there—the deceased and the prisoner came and lodged there on April 12th—they took the first floor back room—they occupied it together with a little girl—they behaved quietly while with me—I saw no signs of drunkenness—on April 19th the deceased went out about 6 a.m. and returned about 6 p.m.—I did not hear him go out again
—the prisoner came down to see me in the afternoon—she was perfectly sober—I did not see them again till 3.30 a.m., when I heard a noise of quarrelling—I got up and listened—I heard some screaming—I rushed upstairs and saw a man coming down with his clothes all ablaze—I wrapped a carpet round him and called for assistance—a lodger came and helped me, and Inspector Smith came.
SIDNEY SMITH (Police-Inspector X.) About 4.10 a.m., on April 20th, I was in Malvern Road—I heard cries of "Police"—I went to 87, and saw the deceased standing at the door much burnt about his face, neck, and head—a scarf round his neck was actually burning then—I attended him, and, from what he said, I went upstairs to the first floor, where I saw the prisoner—I took her downstairs—the deceased said in her presence, and pointing to her, "My wife picked up the lamp and slung the lamp at me, it was alight, about ten minutes ago"—she replied, "He came in and threw it at me, did not you?"—he replied, "No, I did not"—on the advice of the divisional surgeon the deceased was taken to the hospital—at the police-court the prisoner said something, but I did not hear what it was.
THOMAS EDWARDS . I am superintendent of the Willesden Fire Brigade—on April 20th, at 4.12 a.m., I was called to 87, Malvern Road—the whole house had not taken alight—I saw the deceased at the door with the inspector—the prisoner was there—I went to the back room on the first floor—it was in a disordered state—there was some crockery broken and chairs and tables disarranged—I asked the prisoner how the fire was caused—she said, "I will tell you all about it; he has been on the drink; he came home and threw the lamp at me on the bed, and I threw it back at him."—I looked at the bed—there were no signs of a lamp there—it was on the floor—there was a smell of paraffin in the room, but none on the bed—I found a pair of tongs lying near the pillow on the bed—on the floor, near the window, I found the base of a lamp—there was no globe—this is the broken chimney—I also found the broken reservoir on the floor between the window and the table—there was the appearance of water having' been thrown on the walls—these clothes (Produced) were partly burned, and smelled strongly of paraffin—the bed-clothes were not burned—the edges of the pillow were, near where the tongs were lying—if water was thrown about it would make things worse.
HENRY DELLOW (Police Sergeant 24 X) About 5 a.m., on April 20th, I took the prisoner into custody at Malvern Road—I did not tell her the charge—on the way to the station she said, "He threw the lamp at me, and I threw it back at him."
The Prisoner's statement before the Magistrate. "He has been very cruel to me during the four years I have lived with him, it is seldom he is out of drink. The first time he was sober while we were together was the week before he came home and threw the lamp at me, and I picked it up and threw it at him, he was standing at the window."
The prisoner's Defence. "He threw the lamp at me on the bed, and I
threw it at him—it did not explode because it was on the bed—I did not do it with the intention of hurting him."
GUILTY under great provocation, Three months in the second division ,
NEW COURT.—Wednesday, May 7th, 1902.
Before Mr. Recorder.
BIRKETT, SIMMONDS and LOMAX PLEADED GUILTY .
Mr. C. Mathews for the prosecution stated that the prisoners had obtained altogether£21,000.
BIRKETT— Eighteen months' hard labour.
SIMMONDS— Four years' penal servitude.
LOMAX, Five years' penal servitude.
Mr. Mathews offered no evidence against GIBSON.
NOT GUILTY .
(There was another indictment for forgery against the prisoners.)
MR. MAY Prosecuted, and MR. SANDS Defended.
AUGUSTE SCHREIDERMAN . I am a donkey-man and have been on a British ship—on April 29th I was walking along Cable Street, Shoreditch, about 12.30 p.m., with two young women named Freeman and Riley—the prisoner Samuel came from the other side of the roadway towards me—he asked my young lady something about the Jews—I told him there were plenty of Jews in London, and he struck me—I hit him back—Moses came from the other side of the roadway half a minute after his brother and started fighting—Samuel put his arms round me and held my hands, and Moses put his hands in waistcoat pocket and took out three sovereigns and two rings—he first put his hands in my coat but could find nothing—when he had robbed me he hit me—they then let me go and I went for a policeman—I left the two women with the prisoners—I brought a policeman back and I found Freeman laying on the ground in a pool of blood—Riley was crying and had a black eye and injured lips.
Cross-examined. I have known Riley three years—she is my young lady—she lives with Freeman—there was a sailor behind me—he had been a friend of mine on board ship—the row did not occur opposite a fried fish shop,. I do not know whether there is one there—there was a fight—I did not see that man (Levy) there—when I hit Samuel his brother struck me—then they struck me together"—Samuel put his arms round me, I did not tell the Magistrate that it was Moses—Moses put his hands in my pocket—I told the Magistrate what I have said now—I did not knock Samuel down.
Re-examined. Samuel did not fall down—I did not see anybody present besides my ladies, the prisoners, and my sailor friend—I asked him to come to the Court but he said he could not as he was going to sea the next morning—he was not in my company—he was behind me—he saw the fight but did not stop it.
LEAH FREEMAN . I live at 17, Albert Street, Shoreditch—on April 29th, about 12.30, I and Alice Riley were with the prosecutor in Cable Street, Shoreditch—we were walking along quietly and some fellow came up to us and said, "What is the matter with the Jews"—nothing had been said about Jews—my friend replied, "What do you mean? I there are lots of Jews in London, in fact there are two in the company now"—with that Samuel struck prosecutor, who returned the blow and knocked Samuel to the ground—he got up and struck the prosecutor again—it was Moses who put his arms round the prosecutor—when they let him go the prosecutor went for a policeman—I said to Moses, "Why do not you go away"—he struck me in the face and I fell down senseless—when I came to my watch and chain and a brooch were gone—my friend picked up the watch and chain; I lost my brooch—I had seen both the prisoners two or three times before in Wells Street—they often interfered with us—Samuel did not touch me, it was Moses—the next morning they came to our house and nearly broke the lock off the door by knocking so hard.
Cross-examined. When the prisoners came to our house Samuel said he had got somebody else's cap and wanted his own—he was told if he wanted his cap it was at Leman Street Police Station—the row occurred close to a public-house just after closing time—there were not a good many people about—there is a fried fish shop just there, but I do not know Levy as keeping it—I do not know him—I do not know Mr. Murphy—Samuel got the worst of the fight, Moses pinned his arms round the prosecutor's waist, and when they let him go he found his watch and chain all right, but said he missed two rings and three sovereigns—both the prisoners went away—when the prosecutor went for a policeman I screamed, and said, "Why don't you go away, we are not interfering with you"—I was then struck and prisoners ran away down a court—I found my watch and chain close to where I was knocked down—I had been with prosecutor a long time—we were not singing, we were humming a coon song—it was not a sheeney coon song.
Re-examined. Moses struck me across the nose and my nose was split.
ALICE RILEY . I live at 17, Albert Street, Shoreditch, where Leah Freeman lives—I was in Cable Street on April 29th with her and the prosecutor about 12.30—we were going along after closing time from the London Music Hall—we were humming a song—Samuel came up and said, "What is wrong with the Jews?"—we had said nothing about Jews—we said, "We have said nothing about Jews, there are plenty of Jews in London and there are two here '—with that Samuel struck prosecutor and prosecutor struck him back—then Moses started to fight the prosecutor and got his arms round his neck somehow—while Moses was holding the prosecutor I did not see Samuel do anything—they were all in the fight—after Moses let the prosecutor go he said he had lost £3 and two rings—then he went to fetch a policeman and I got struck in the lip—I have been under a doctor—Moses struck me—he also struck Leah Freeman on her nose and knocked her down on her back—then Moses said to his brother, "Run," and they disappeared through a court.
Cross-examined. There were the prosecutor, Freeman, Emily Bird,
and myself in company—I did not see anybody else—a man behind us blew a whistle but he was not in our company—we had been to a music hall—we were not singing a Yiddish coon song but a song called "The Honeysuckle and the Bee"—I saw everything that Samuel did—he first attacked the prosecutor, and then the prosecutor knocked him down—then Moses came up and put his arms round the prosecutor to prevent him hitting Samuel again.
JAMES SKIPPER (273 H.) I was on duty in the neighbourhood of Cable Street on April 29th—the prosecutor told me what had happened—there were several persons there—I saw Freeman and Riley—Freeman had a slight mark on her mouth Riley had a mark on her eye—the prosecutor and the two women were perfectly sober—the prisoners were not there.
Cross-examined. I saw no pool of blood there—I heard a whistle and when I went to the spot—the prosecutor was there and about a dozen other people—the two women gave me the names of the prisoners—we found them some hours afterwards.
JOHN GILL (Sergeant, H.) On April 30th I arrested Samuel about 5 o'clock and told him the charge—he said "All right,"—later on Moses came to the station in consequence of a message I sent him—I told him the charge—he said, "All right"—he was wearing this cap which I took away from him—he said he picked it up in the rush when he went away, and thought the prosecutor had got his cap—the prosecutor afterwards handed it to me—it is marked "M. Falk "inside*.
Samuel Falk, in his defence, said that he was in Cable Street with his brother on the night in question, going home, but did not strike the prosecutor or take anything from him.
Moses Falk, in his defence, said that he saw the prosecutor knock his brother down, and went to his aid and fought the prosecutor, that he might have hit the women in the scuffle, but did not take anything from them nor from the prosecutor.
Evidence for the Defence.
JAMES MURPHY . I am a carpenter, of 81, Cable Street, near where the row took place—I was looking out at the window about 12.30 p.m.—I saw the three ladies and three gentlemen coming along with the prisoners behind—one of them, I could not say whom, said something about Jews—one of the prisoners at once said, "What about the Jews?"—before another word was said one of the sailors struck Samuel—Moses then struck one of the others and knocked him down—the man ran away and left his cap on the ground—the two prisoners walked down North East Passage—it was not possible for Samuel to touch the prosecutor's pockets—it all happened in a second—Moses did not take anything.
Cross-examined. I know both prisoners by sight—I am not related to them—I did not catch what was said about the Jews—the prosecutor first struck Samuel—I did not see Samuel on the ground, he staggered when hit—the man who had been knocked down got the policeman—Moses struck everyone who came in his way—I saw it all clearly from my top window.
—about closing time, 12.30, I saw the three men and three girls pass—I did not see either prisoner take anything from the prosecutor.
Cross-examined. Someone said something about Jews and then the row began—I have had no conversation with Sergeant Gill—I was standing at the doorway of my shop.
THOMAS HOLYBONE . I live at 44, Shepherdess Walk, E.C. and am a road engineer out of employment—I was in Cable Street—there were not many people there—I saw a man strike Samuel, and Moses took it up—I I did not see either prisoner take anything out of the prosecutor's pocket.
Cross-examined. I saw Moses strike a woman in the face and knock down—I did not tell the policeman what had happened as it was no business of mine—the two prisoners walked away—I do not know the prisoners, although I have seen them before and "passed the time of day with them"—I never saw the girls before.
AUGUSTE SCHREIDERMAN (Re-examined). I was paid off from my ship six months ago at Cardiff—I was never in Cable Street before—I was paid £6—I bought the rings in Russia—I left the other money at home—the money was in my right waistcoat pocket and the rings in paper in the same pocket—I was quite sober, I am a teetotaller.
JAMES SKIPPER (Re-examined). The complaint was made by the prosecutor of being assaulted by two men and losing three sovereigns and two rings—he told me that at once and preferred that charge against them at the station.
NOT GUILTY .
OLD COURT.—Thursday, May 8th, 1902.
Before Mr. Justice Ridley.
MR. MATHEWS and MR. A. GILL Prosecuted, and MR. STEPHENSON Defended.
The offence was committed by the use of instruments to procure abortion, and the evidence is unfit for publication.
GUILTY of Manslaughter. Seven years' penal servitude.
MR. MOORE Prosecuted.
BERT FAVOUR . On April 13th I was with Mitchell and Piggott at the Berkeley Arms, Stanford, about 11.30—we knocked for about two minutes and got no answer—I saw the prisoner coming down the wooden steps coming out of the loft—he said, "I have caught the place on fire, and I cannot help it"—I asked him if there were any cattle there—he said, "Yes, two horses"—I looked through the door and saw a rack—we broke the doors open and the people of the house came down—the prisoner remained while the fire was put out—he was sober—it must have been burning half an hour when I saw it.
from the loft—he said that he caught the place on fire and could not help it—we asked him if there were any cattle—he said, "Yes"—we broke the door open and eventually the fire was put out—it had just begun when we went in—our attention would not have been drawn to it if he had not told us—we could not see it from outside—I do not know whether he had any business there.
HARRY PIGGOTT . I went with Burridge and Mitchell to the Berkeley Arms, and saw the prisoner come from the loft—he pulled the door to behind him and he said, "I have set the place on fire, I could not help it"—I asked him if there were any cattle there—he said, "Yes"—I saw a lighted gas lamp shining through a window before the prisoner spoke, but did not notice one outside—we drove the horses into the yard.
ROBERT BURRIDGE . I am ostler at the Berkeley Arms, Stanford—on April 13th I was aroused from sleep about 11.30 or 11.45, I unlocked the stable door—three or four people were shouting,"Fire, the place is on fire"—I rescued the horses—the fire brigade put the fire out—I know the prisoner, he has done a day's job for my master, cleaning pots, but not regularly—he did nothing in the stable—I locked the stable door and all the doors at 8 o'clock—I am sure the door at the top of the steps wasp locked—I had some of the keys with me and some I had not—I went to the coach house to put my bicycle in, but did not see the prisoner there, and did not notice whether the door was locked then—it has a very strong: latch lock, they would have to break it to get in—I locked it at 8 o'clock—the prisoner had not been sleeping on the premises—I cannot say where he lives.
LESLIE WRIGHT HOPKINS . I am proprietor of the Berkeley Arms, Stanford—on April 13th I was called up and went down and helped to put the fire out—I saw the prisoner there—he has worked for me—I never gave him permission to sleep in my loft, but the key has been left about very recklessly—there is only one lock to the loft and stable, there is a box-lock to the loft door and a padlock on the stable—I do not know where the key was for some time—I did not see it on that night, but I believe the fireman had it, he found it upstairs, I believe—the door was broken down when I saw it—if the prisoner had slept in the loft when working for me it was not with my permission—I do not know where he lives—he was always very honest and faithful to me—I have lost £100 over the case, but if he was there why does he not say so.
THOMAS RAY (Policeman C.) On the night of April 13th I went to the Berkeley Arms and saw flames coming through the roof of the stable, and the three last witnesses getting the horses out—they described a man whom they saw leaving the loft, from which description I found the prisoner and brought him back—they identified him, and I told him I should charge him with setting the place on fire—he said, "I have not been near the place to-night," but his hands and clothes were covered with hay-seed and he smelt of burnt hay—I found this pipe and matches on him, he was not smoking it but it had been alight—I had never seen him before.
Ray—the witnesses identified him, and said that they went to the house to get a drink, thinking it was a night house, and knocked at the door and saw the prisoner coming from the lofts, who said, "I have caught the place on fire, I could not help it"—I asked Mr. Hopkins if he would charge him—he said, "No"—the prisoner said, "I have never been near the place"—I found hay-seed on his back.
The Prisoners statement before the Magistrate. I plead not guilty, while the fire was raging I tried my best to get the horses out oft he stable."
Examined on oath. "I was passing the Berkeley Arms and noticed the stable was on fire, I went and kicked the door of the house to wake somebody up, and the noise I made kicking brought the ostler down, who unlocked the stable, and I helped to get the horses out: I was never in the loft; I never said "I caught the place on fire."I slept the night before last by the side of the road. "
R. BURRIDGE (Re-examined). I do not know who knocked me up, but I know the prisoner was one—there were four chaps there.
NOT GUILTY .
NEW COURT—Thursday, May 8th, 1902.
Before Mr. Recorder.
MR. RAWLINSON, for the prosecution, offered no evidence.
NOT GUILTY .
MR. MACASKIE, K.C., for the Prosecution, offered no evidence.
NOT GUILTY .
MR. GANZ Prosecuted.
CAROLINE SEWELL . I am the wife of Henry Sewell, of 85, Bride Street—the prisoner has lodged with us some years—about six weeks before this he had influenza, and I nursed him—he had since been strange in his manner—on March 17th, about 5.30 p.m., he went into the kitchen from the back room where we were talking together, and came back with this knife (Produced) and stuck it into my neck—I got to the door and told a little boy to fetch a policeman, and then I lost my senses—I was in a hospital for five weeks, but am quite well now.
HARRY BARNS . I am ten years old and live at 85, Bride Street—on March 17th, about 6 p.m., I heard Mrs. Sewell cry out, and went to see what was the matter—she asked me to fetch a policeman which I did—she was smothered with blood—the prisoner came to the stairs and said, "Go and fetch someone I am nearly dying"—he was not bleeding.
door in the passage, with a large wound on the left side of her throat, and another on the right side of her throat—I obtained some linen and bandaged her—the prisoner came running along the passage and I seized him—he cried out, "Oh, my throat is cut"—I handed him over to Murray, and they were both conveyed to the hospital.
EMILY BARNS . I am the wife of William Barns of 85, Bride Street—Harry Barns is my son—I found the knife produced in the back-room, wet with blood—about six weeks before this I heard the prisoner say that he would cut the prosecutrix's blooming head off—he had been ill with influenza.
FRANK BARNS . I am house surgeon at the Great Northern Hospital—on March 17th the prosecutrix was brought in suffering from a severe wound in the left side of her neck—there was a good deal of hemorrhage; it might have been caused by the knife produced—I examined the prisoner on the same day, he had a wound in his throat which also might have been caused by the knife produced—it was not dangerous—he seemed very depressed and would not answer.
JAMES SCOTT . I am medical officer at Holloway—I have had the prisoner under observation about four weeks,. but have detected no signs of insanity—there was no indication either of his being addicted to drink.
GUILTY on the second Court. Twelve months' in the Second Division.
MR. BURNIE Prosecuted.
RICHARD HUNT . I am a coal porter, of 8, Paradise Road, Bethnal Green—I have lodged with the prisoner's mother between nine and ten years—I have known him sixteen years and have always been on good terms with him—On March 24th he came home from India on furlough from his regiment—about eight o'clock that evening I had returned from work and after washing myself I went to the looking-glass and saw the prisoner coming towards me with a razor in his hand—I turned round and he put his arm across my forehead and cut my throat with the razor; he made another slash at me and cut the back of my neck—I was in hospital a fortnight.
ELIZA MOTTRAM . The prisoner is my son—on March 24th the prosecutor returned from work and my son spoke to him about his work—I was standing with my back to the fire and saw the prosecutor run out of the
room with his neck bleeding; it was all done in a moment—my son has always been steady and quiet—I noticed that he was strange in his manner on Monday, and he complained of his head on Sunday—he had had sun-stroke and enteric fever in India.
ARTHUR FROST (24 J. R.) On March 24th at 9.35 p.m. I was at the corner of Paradise Row and the prosecutor came to me covered with blood and made a statement—I took him to the station and sent for a doctor—the prisoner also came in to the station, and Hunt said, "That is the man who did it," pointing to the prisoner, who replied, "I wish I had killed him," and produced this razor from his overcoat pocket—I took Hunt to the hospital, where he was detained.
ROBERT WRIGHTON (147 J.) On March 24th at 9.45 p.m. I was on duty at the station, when the prisoner walked in about five minutes after Hunt had been brought in—I asked the prisoner what he wanted, he said, "I done it; I wish I had killed him, this is what I done it with," taking the razor produced from his pocket—he seemed very strange in his manner—he was charged with attempted murder and said, "I am sorry."
JOHN BATE . I am surgeon of J. Division—I examined the prosecutor on March 24th and found him suffering from a wound on the back of his neck about 3 1/2 inches long, which might have been caused by a razor—there were two other superficial wounds on his throat in a dangerous locality—I then saw the prisoner, he was in a dazed condition and did not seem to realise that anything had happened—I asked him why he had done it—he said he did not know he had done it, but was very sorry if he had, or words to that effect—he also made a rambling statement about someone having told him that the prosecutor had said something nasty about his, the prisoner's mother—he said he had suffered from headache for some days past, and that is what one would expect to find in a man who had been some time in India and had had sunstroke.
RICHARD BRETTELL . I am a lieutenant in the first battalion East Surrey Regiment stationed at Kingston—the prisoner is in the first battalion and went out to India to join the regiment in March, 1895—he was in my company there from January 1898 to March last year, when I returned home leaving him there—I have no recollection of his ever having gone into hospital with sunstroke, but it is possible he might have had what is called a touch of the sun and also malarial fever, as almost everybody does who goes out to India—he always had one of the best characters in the first battalion and is very highly respected.
JAMES SCOTT . I am medical officer at Holloway Gaol—I have had the prisoner under observation since March 25th—at first he was in a dull and confused mental condition; that seems to have cleared off, and since then he has been smart and intelligent, and has shown no indications of insanity.
The prisoner's statement before the Magistrate: "Since my return from India I took very much to drink, and I do not remember anything of the occurrence.
GUILTY on the second Count, but that he committed the act in a fit of temporary insanity. Discharged on recognizances.
NEW COURT.—Friday, May 9th, 1902.
Before Mr. Recorder.
MR. TUDOR Prosecuted and MR. HUTTON Defended.
The age of the girl was 15 years and 6 months, and as she appeared older, the Jury found the prisoner
NOT GUILTY .
MR. TUDOR Prosecuted, and MR. BURNIE Defended.
MARY FISKER (interpreted). I am a lady's maid, at 19, Port and Road—on March 31st, after 5 p.m., I left my mistress's house safely locked up, and no one in it—I returned between 7 and 7.30, but was unable to open the front door with the key—I heard the scullery open, which is underneath in the area—my master and mistress and the other servants were at the seaside—I looked down the area and saw three men coming out—there are nine steps to the back door, and three to the front—it was dark—I seized the third man by his arm, and the second man passed behind me running—I only saw his face superficially—I turned my back to the garden wall, and then saw that there was a third man, that was the prisoner—I saw his face, he took one step inside the garden gate—he was one step from me, he pushed me and got away—I followed the one I had seized about one hundred yards, passing about six houses—I shouted for help and followed the prisoner who walked across the road and joined the people who had assembled on the other side—I walked up to him and said in English "You were in"—he turned round to the people near him and said that I must be drunk—a gentleman came up, and as the prisoner wanted to walk away he said that he must wait till the police came—I have been in England a year and a half—my employers are Germans—I lost sight of the prisoner for the moment that I was running after the other one; when I caught sight of him again he was crossing the road, and I saw his face and recognised him as the man I had seen in the area—I never lost sight of him any more—I went back—to the house with some people who were standing there—I tried the front door again but could not get in, and afterwards found that it was bolted—the lock inside had been forced away—nothing was stolen.
Cross-examined. The houses have two floors and a basement, with three rooms on each story and a ground floor—the garden in front is not very large—the men ran up from the scullery—I was rather excited, I naturally wanted to retain the prisoner and he wanted to get free; I stood still and had a good look at him—he was still standing in the garden when I got to the gate, and the other was running away—I saw this one as by a glance at the
gate—I went a fast as I could after the other man calling "Police!"—I did not get more excited as I followed him in the centre of the street—I was not crying, but I was excited and my voice was perhaps affected.—I spoke half English and half German.
Re-examined. I first saw the prisoner's face at the gate door.
GEORGE WILLIAM CLUTTERBUCK . I live at 35, Portland Road, about eight houses from No. 19—on Easter Monday, March 31st, about 7.30, I was near the house on the same side and heard cries; I ran out and saw Mary Fisker holding the prisoner on the other side of the road about six houses from No. 19—she was speaking broken English and German—from some few words of Germans I knew she was charging the man—I was left with the prisoner and she went to the house—he said that she was drunk and was railing with another man at the gate—he asked me to have a drink—there was a crowd when I went out, two or three grown-up people and about eight children—I think the prisoner was dressed as he is now, but I do not recog-nise the tie.
Cross-examined. The prosecutrix was very excited and was crying—I I asked the prisoner his name, he said "Smith, George Smith"—it was about ten minutes before the constable came.
WILLIAM MEATH (517 M.) On Easter Monday I was called to Portland Road, Finsbury Park, and saw the prisoner standing with several gentlemen—I was told that No. 19 had been broken into, and that the prisoner was seen to come out; he said that he had not been there, and that she must have been drinking—he gave his name George Smith, but refused his address—I took a photograph of the house—I walked down the street the next morning and found a jemmy in the front garden of No. 29—an entrance had been effected by forcing the front door, the marks correspond with the jemmy—No. 29 is in the same direction as the two men had run away, but the prisoner would not run past.
He then PLEADED GUILTY to a conviction at Clerkenwell on March 9th, 1891, in the name of Joseph Tyrrel, and seven other convictions were proved against him. Seven years' penal servitude. THE RECORDER ordered a reward of£3 to be given to Mary Fisker for her courageous conduct.
MR. JOHNSON Prosecuted.
EDWARD FLYNN . I am a seaman from Gravesend—on May 2nd I went into a public-house in Whitechapel and came out and went into a coffee tavern—I was then going home, but the two prisoners and another man jumped on me—I had some money on me, but I had none when they left me—I went with an officer to the station and charged the prisoners.
ALICE CREMIN . I live at 1, Red Lion Street, Holborn—on May 2nd I went into a public-house at the corner of Osborne Street, Whitechapel, with Flynn, and saw the two prisoners—I went into a coffee-house, and when I came out I saw six or seven persons, the prisoners are two of them—they rushed at Flynn—Payne caught hold of him, and I saw him pass some money behind him.
Cross-examined by Payne. You had your hand on the gentleman, and the money fell—you passed some to somebody else.
GEORGE ELLIOTT . I am 13 years old, and live at 7, Henneage Street—on May 2nd, about 10 p.m., I was in Osborne Street, and saw Flynn surrounded by about half a dozen chaps—the prisoners are two of them—Payne put his hand in Flynn's pocket—the officer rushed up, and he dropped some coin—the officer took him across the road, and he put one hand behind him and handed something which chinked to somebody.
Cross-examined by Jameson. You came across the road and took the money out of his hand.
CHARLES HALSEY (19 H.) On May 2nd I was on duty in Whitechapel Road at 9.30, and saw Flynn and a woman in Osborne Street and three men following them—they went into a coffee tavern, and came out and walked in the middle of the road, and the two prisoners made a rush at Flynn—Jameson seized him by the throat, and Payne put his hand in his left pocket and then handed some coin to Jameson, some of which dropped on the ground—I made a dash at him, but he dodged me—I took him and took him to the station—the third man got away.
FRANK DENNIS (277 H.) On May 2nd, at 9.30, I was in Osborne Street, and saw three men run at Flynn, the prisoners are two of them—I assisted in taking Payne, and an hour afterwards I arrested Jameson, and told him the charge—he said, 'All right, governor, why did not you take the other, and not put it on me?"—12s. was found on him, among which was a half-sovereign—the boy picked him out from eight others.
Payne's Defence. The constable caught me and said I handed the money away—how could I do that, I was twenty yards away.
Jameson's Defence. I stood there, and the officer let me go, but afterwards he arrested me—there were two constables there, but they never said a word to me—they afterwards fetched me out of a public-house—the boy is uncertain.
PAYNE then PLEADED GUILTY to a conviction of robbery with violence on September 12th, 1899, and three other convictions were proved against him; he had been sentenced for the robbery to eighteen months hard labour and twenty lashes . Nine previous convictions were proved against Jameson. Five yearseach in penal servitude.
OLD COURT, Friday and Saturday, May 9th and 10th—and Monday, May 12th, and four following days.
Before Mr. Justice Ridley.
BROWN PLEADED GUILTY to the uttering.
MR. CHARLES MATHEWS and MR. LEESE Prosecuted. MR. OLIVER and MR. LOCKWOOD appeared for Devenport, MR. BODKIN and MR. HUMPHREYS
for Brown, MR. LEYCESTER for Freeman, MR. ELLIOTT and MR. FITCH for Gibbons, and MR. KEMP, K.G., for Hurley.
STEPHEN HENRY FRY . On February 5th I was in the Whippet Club, Adelaide Street, Charing Gross—Devenport and two other men came in, one of them was Thomas Brown—a game of cards was played, and Devenport lost £2 or £3—Brown spoke to me, and then handed to me what purported to be a £5 note—I took it to a man named Laws, who changed it—I handed the change to Brown, and he handed at least £1 to Devenport, probably more—I had known Devenport for the better portion of a year—I had only seen Brown on two or three occasions before, and nearly always with Devenport—Brown or Devenport invited me to accompany them—we left the Whippet Club, and went to the Tivoli Restaurant in the Strand, where another note, purporting to be a £5 note, was changed—it was actually handed by a man named Levy, who was with us—we then all four went to a club kept by a man named Bartenshaw in Southampton Buildings—from there we went to Mooney's wine shop in Holborn, where another note, purporting to be a £5 note, was changed—Levy was the actual hander of the note also—when Levy changed the notes he took them from at least five others which he had in his hand—we all went outside Mooney's, when the other three hailed a hansom, saying they were going north—they turned up Gray's Inn Road, and I got on the next omnibus—On February 6th I was again at the Whippet Club about 6 p.m.—I saw Mr. Laws there—he made a statement to me, and produced a note which I had handed to him the night before, at least, he said it was the one—I took a note of its serial number, the note number, and the date—I had not looked at it on the 5th, it was given to me doubled up, and I knew it could not be for less than £5—I had not the slightest suspicion with regard to it—I had some further conversation with Laws on the 6th, and during it Parr's Bank was mentioned—we then went to the Bull public-house in Devonshire Street, Bishopsgate Street, where I expected to find Brown, he had been manager there—we did not find him, he had left on the previous Thursday—I knew that Devenport lived at 63, Mark House Avenue, Walthamstow, and that he invariably returned home by a late evening train from Liverpool Street to St. James' Street—that is how I became acquainted with him—Laws and I waited at Liverpool Street Station till 12 a.m. train had gone, then I left Laws and went home to Hoe Street, Walthamstow—next day I went to Devenport's house—I did not find him at home—I met Laws at St. James' Street Station at 11 o'clock—we waited with the object of seeing Devenport, when Ex-Inspector Walter Outram of the City police came along, who I knew—I spoke to him, and we all went into the Coach and Horses—Laws showed the note to Outram, who looked at it—I made a statement to him in reference to it—I went out for a few minutes, and while I was away the number of the note was given to Outram—an appointment was made that I should meet Outram at 11 a.m. next morning—then Laws and I returned by train to London—that evening at 11 I again attended at Hoe Street Station—I did not see Devenport—I went to his house, and he came downstairs into the front parlour in his
night clothes—Lawes had written to him the day before, and, I believe, had told him about the note—Devenport said to me, "What does Lawes mean about this note you changed for Tommy Brown?"—I said, "They say the note is a bad one"—he said, "Do you mean it has been stolen?"—I said, "No, it is a bad one altogether"—he said, "I will send a telegram to Tommy Brown to meet us at the Unicorn public-house, Bishopsgate Street, at 2.30 this afternoon, and if you will come back for me we will go up together"—I was not present when the telegram was sent—I went back for him, and we went to Bishopsgate Street by train together—Brown was not at the Unicorn, and we went to the Bird Cage in Columbia Market—we got there about 3 p.m.—I told Devenport that Lawes had said the note had been taken to Parr's Bank, and that the cashier there had been unable to definitely announce it a bad one—on the way from the Unicorn to the Bird Cage he said all of a sudden, "It is a bad one, it is one of a parcel of 100, we are going now to see the man who enabled us to pay for them; Walter Brown has taken 50 out of the 100, and he is sending them to South Africa; the other 50 is a three-handed deal between Walter Brown, Tommy Brown, and myself; we got rid of 17 yesterday; we dropped one at every public-house on the way home from Hurst Park; we never had a single one questioned, and it was like handing out tracts—he said his share was a third in the deal—he said he had not been mug enough to put a note down himself—I did not know who Walter Brown was—(One of the Jurors was here requested by the Court to leave the box. Another Juror was called, and the Jury being resworn, the witness repeated his former evidence and continued.)—at the Bird Cage he left me, saying he was going to see Walter Brown—he returned in about two hours with the person he called Walter Brown, and a person whose head was heavily bandaged—in Brown's presence he said to me, "I have been telling Walter Brown that the note cannot be pronounced a bad one by the chief cashier at Parr's big Bank"—and speaking to Brown he said, "I have been telling Fry that we got rid of 17 at Hurst Park yesterday, that we dropped one at every public-house on the way home, that it was just like handing out tracts, and we never had a single one questioned"—he then produced four notes—I handled them—two were undoubtedly good, and two I judged by the initial letter and the serial number to be bad ones—I said of the bad notes, that either of them seemed much better than the one I had changed, which was the fact—Devenport said if the chief cashier could not tell about that one, what about these that were better—he said they invariably carried a good note and a bad one when changing notes, and not more than one bad one at a time—I had made repeated requests for the £5 which Lawes was out of, and an arrangement was made that if I took Lawes to the long bar at Liverpool Street Station, at 7 o'clock, Devenport would return us the £5 on our handing him back the £5 note—he asked me on no account to tell anybody what he had been saying to me—he and I, Walter Brown and the bandaged man then all left together—I left them in the Hackney Road, and went to the Whippet Club—I saw Lawes, and with him about 7 p.m. went to what I believed to be the long bar at Liverpool Street Station—we waited till close upon 8 o'clock, but Devenport did not come—we
went to the platform where the trains start for Walthamstow, I saw Devenport—there was some conversation with regard to the note, and he said, "Give me the note and I will give you the gold"—he was hurrying for his train, and as Lawes was finding the note in his pocket book he was counting the gold into my hand, something was handed to him by Lawes which was believed to be the £5 note—it turned out to be a special contract note—the train started and Devenport went away, and Laws found he had made a mistake with regard to the document—that night I was again at the Whippet Club, and I saw a Mr. Nadel, who carries on a tobacconist's business downstairs, I had some conversation with him in reference to the note and I handed it to him—I saw him again later, and he handed me a small portion of it only, and he made a statement as to what he had done with the rest. In the evening of February 9th, I went to Devenport's house and had a long conversation with him—he had often told me he could not be brought into the business himself, as he was not mug enough to put down a note himself, I told him that a man like him might give good reasons for putting six or seven down, but that to speak of such numbers as he had been speaking of was perfect madness, and it would be sure to be brought home to him, and that it was perfect madness to take one to a club like the Whippet Club, and I told him that it was not what one would have expected of a person, to place it with his friends, and that if he had such things he had the world for his market, and I could not conceive him doing what he said he had done—I was referring to his having passed a forged note through my hands—I asked him what I was to do, I said, "I am sure to be recognised as being with you, what excuse am I to make," he told me to find a reason, and used a very coarse expression—I told him that to my knowledge he was committing the most serious crime known to the commercial world, and that the law of conspiracy would touch him, because I knew what the law of conspiracy was as I had been charged myself—I was charged here with conspiring to obtain money by false pretences, at this Court on November 5th, 1897, and was sentenced to three years' penal servitude—I became free on January 25th, 1900—I became acquainted with Devenport about a year after that—I have only met him two or three times in the club, he was only a mere acquaintance—I told him that the Whippet Club note had been burned, and he declined to believe it—I promised I would get the piece I had seen, and return it to him—I told him it was a good thing it was destroyed, because Lawes within my knowledge had given Outram the number—I do not think I made a bit of impression upon him in dissuading him from the course upon which he was set—on leaving the house I went to see Inspector Outram, and made a statement to him—I made an appointment to see him the next day, Monday the 10th, and in consequence of what passed between us, I met Chief Inspector Davidson on the 11th, and made a statement to him—a further appointment for Wednesday the 12th was made at which I was introduced to Inspector Sagar, and we came to an arrangement as to what was to be done in the future—that same evening I was in the Peacock in the Minories, where I saw Devenport, I had arranged to meet him there and return him the piece of the note,
so that he could show his co-partners that it had been destroyed—he said, "You had better get rid of some of these notes"—I said, "Well, I will consider the matter"—he said, "Well, I will see my man and see how many I can let you have"—I said, "If the notes you can sell are up to the specimens you had on the Saturday night, I have no doubt I shall be able to do them"—those were the two he showed me at the Bird Cage—he said they had paid 30s. per note, and the expenses of travelling, the horse and trap and drinks, had averaged less than 5s. per £5 note, and that up to that time they had got rid of twenty-seven out of the fifty, that they had been enabled to pay the expenses to which they had been put but that they were nothing in pocket, and that the money had been paid to Walter Brown—he said he was not inclined to part with any parcel of less than 100, but he did not think he could obtain more than 200, and that 30s. per note was what he was paying for them himself—I told him I would endeavour to find a principal who would go into the business—we then arranged to meet next morning at his house—I then saw Davidson and made a communication to him—on all occasions I made a full and complete communication to the police of what was being done or was intended to be done—when I telephoned to the police I used the name of "Good"—on February 13th I saw Walter Brown at the Bird Gage, I did not speak to him, but I made an appointment with Devenport, who was with him, to meet him at Liverpool Street Station at 6.30 p.m. the same evening, when I told him I was not accompanied by my principal, because I could not find one, but that if he would go on and put it in train I would wait for him till 7.30—he said he had to go and see his man at 7 p.m.—we left the station together, went into the long bar at the Railway Tavern, Liverpool Street—then he went into Ward's, the hosier's, at the corner of Wormwood Street, and bought a pair of gloves, then he looked through the window of Smith's oyster bar in Bishopsgate Street as if he expected to see somebody, and then he jumped on to an Elephant and Castle 'bus going in the direction of London Bridge—at 7.30 I returned to Liverpool Street Station—he came soon afterwards—he said he had seen his man, and had the matter in training, but that he would not definitely order the goods until he had seen my man—he said he thought his man could supply 200 at 30s. each to him—I said I would bring my principal along in the course of next day, Friday—next day I saw Devenport at the Peacock when an appointment was made for Saturday, February 15th—I met him there, and Thomas Brown was also there—Brown made an observation to Devenport, which showed he knew of the business afoot between Devenport and myself—I said, "How is it that Brown knows about this deal, I thought it was between you and myself, and I did not know Brown was to know anything about it?"—Devenport said, "Brown must come into the business, because I have good reason to fear that on my return home to-night I shall be arrested: last Friday at Hurst Park I gave a runner named Ginger Murray one of the notes, and he took it to a bookmaker named Billy Foots; Foots saw that it was a bad one, and told Ginger Murray to bring me to him, and now it has subsequently got to the knowledge of Detective Walter Scott of the
City Police, who was on duty there, and Brown will now have to come into the business in case I fall"—Brown said, "I know I mey even better than does Devenport, because he used to use my house"—he probably referred to the Bull public-house—"and if what Devenport fears may happen should occur, I can manage it just as well as he"—I think that was the first time I heard the name of I mey from either of them—I subsequently asked who he was—they showed me some samples of notes they had bought to show my man in case he had turned up—there were at least four notes, it may have been five—I looked at them—Brown borrowed an envelope from the landlord of the Peacock and placed the notes into it, the envelope was gummed down, and a cross made on the back, and then Devenport or Brown handed it to the landlord and asked him to take care of it until they called for it next day—the landlord did not know what was in the envelope—we made an arrangement to meet at the Horns at Kennington at 1.30 next day, where I was to take my principal—I went then to Fenchurch Street Station and then home to Leyton, but before doing so I saw Outram, and also made a statement to Davidson—I met Davidson next day at 10.30, and learned that I could have a principal next day, Monday—I then went to the Horns and met Devenport and Brown at 1.30—they drove up in a buggy and Devenport's trotter—I told them I could not get a principal that day, but that they might take my order on his behalf for 200 notes, and we made an appointment for 6 p.m. next day, Monday, at the Ship in Finsbury Pavement—my principal was to be charged 50s. per note—as they were leaving Devenport said they would drive direct to their man in the Kennington Road, and get him to cable to Spain and order the notes, and that he would expect them to be in London on the Thursday, and not later than the Friday morning—I gave them an assurance that I should be accompanied by my principal on the Monday—later on Sunday I saw Davidson, and on Monday evening, February 17th, a little after five. I was introduced to my so-called principal, Mr. Sammes, a jeweller of Ilford—he lent his assistance to the police in this matter—I attended at the Ship with Sammes at 6.30—as we approached Devenport crossed the road, and I said to him, "This is my merchant friend, Mr. Sandes"—Devenport said, "Wait a moment"—he went across the road, and appeared to take something from a person standing on the other side of the road—he returned to us and handed me an envelope, and said, "These are the samples, take your man away somewhere where he can look at them on the quiet"—the envelope had a cross on the back of it, and was a similar envelope to that handed to the landlord of the Horns the day before—Sammes and I took a hansom cab and went to Masons Avenue—I stayed in the cab while Sammes went in search of the police, the envelope remaining in my possession—I handed it to Davidson, who came in a short time with Sammes—he went away with the envelope—Sammes rejoined me with the envelope, and we drove back to the Ship—I left Sammes in the cab, and went inside the Ship, where I found Devenport and Brown—I said, to Devenport, "My man is outside"—he came out and Sammes invited him into a cab, and Devenport said to me, "Go and tell Brown to wait at least an hour for me, and I will
come with you"—I told Brown, and then we all three got into the cab and drove to Finsbury Square—Sammes said to Devenport, "I thought at first you were having a game with me, and these were genuine £5 notes, but they have been submitted to the examination of experts, and I know now they are bad."—Devenport said, "Yes, they are good, but they are not nearly so good as you will find the bulk to be."—Sammes said he was prepared to buy any quantity at the price mentioned by me, 50s., if they were up to the sample—Devenport said he could have certainly about 200, and I would not like to swear, but I rather think he said there were some more, I think 1,500 was mentioned, of which he could get about 200—Sammes said I was his agent in the matter, and he would be glad if Devenport would let me know as early as possible when the business could be carried through. Something was said about two days, but I do not remember now by whom, I think Devenport was to let Sammes know in two days when he could deliver them—by that time it was known that the delivery could not take place before Thursday at the earliest—when we were in the Peacock on Saturday, February 15th, when the four notes were shown to me, I said they looked so much better than the others I had seen, as they were absolutely new while the others had been creased—they were given back afterwards to Devenport by Sammes, but Devenport said about them that they had made a mistake in the engraving, and that he had known some years before a Mr. May who had been a member of the Bank of England, and that Mr. May had pointed out that in the good £5 notes there was a white dot in the old English "i," about half way up the "i," and in the "f "in "For the Governor and Company of," the tail of the "f" was left in an incomplete state, but in the bad notes the "f "had been completed and the dot on the "i" was absent—he said he had drawn attention to the fact and that an alteration would be made in the plate—later he said that the original intention had been that the notes should not come out till the Lincoln Handicap, which was on March 17th—and he also said, "But there are some teners being got ready, which will be ready for Lincoln"—on the Monday night I parted from Devenport with Sammes, and later on I was in communication with Davidson—on Tuesday, February 18th, in consequence of a message I got, I went to the White Bear in King William Street, and about 11.15 a.m. Devenport came in—he beckoned me out, and we went to the Monument Station, opposite which we joined Brown—Devenport said he was going down to see his man at his private house, and we all three went over London Bridge—we went by the electric train to Kennington, and by tram up the Kennington Road—opposite a house in Kennington Road Devenport alighted—Brown and I proceeded a little further and then alighted and went into the Ship, where' within a short time we were rejoined by Devenport—he said that his man was out, but that he had seen his wife and had made an appointment to dine with them that evening at 7.30—we returned to the Peacock and made an appointment to meet next morning—on leaving the Peacock I went and met Outram, and sent him for Davidson—he and Sagar came, and after making arrangements with them I went to Blackfriars Bridge by train, where I waited till Davidson
and Outram rejoined me—we then all three drove down the Kennington Road and I pointed out to them the house at which Devenport had called, it was No. 189—on Wednesday, the 19th, I saw Devenport at his house—I asked him if he had dined with his friend the night before—he said no, but he had seen him and that we could have all the bulk that were left, about 1,150, but that he was afraid no business could be done because there were several others after them, and his man had put the price up to £2 per note to him—he said, "I have had a letter in which you see he says that we can have the 1,150, but they will be £2 a note "and he handed me a letter in an envelope addressed to himself—I read the letter, and it said what he had told me—I asked him to let me have it to show my principal and tell him the price would be £3 instead of £2 10s.—Devenport had said they would be £3 each—when I asked him for the letter he said, "You see there is a postscript which says, 'Please destroy this letter,' so you must let me have it back," and I promised to do so—it was not signed—it had no address upon it, but I recognised the writing as his own—it commenced, "Dear Pal"—I had no doubt that it was Devenport's writing—I was to return it to him a little after six that night at the Tower Bridge Hotel—I showed the letter to Davidson and Sagar, it was at that interview that Devenport told me that I mey Cohen was so angry at his having called at his house in Kennington Road, that he proposed to leave his lodgings there next day, and that he had declined to see Devenport any more in the business, because he heard there was a warrant out for him (Devenport) for the Hurst Park note, and that in future appointments to complete the business would have to be made between I mey and Brown, and not Devenport, and that I mey had arranged to meet Brown at the Shepherd's Bush Station of the Tube Railway on the following Thursday, when he hoped to be in a position to let Brown know when he would deliver the notes and make arrangements for the delivery, examination, and payment—Brown was to take the place of Devenport—I received the letter back from the police, and kept my appointment at the Tower Bridge Hotel, where I saw Devenport and Brown, I gave the letter to them and it was burned—then another appointment was made for 3 o'clock next day, when I was to meet Devenport in the King Lud, in Ludgate Circus, and I was to take him to see my man whose office was in Imperial Buildings, which is just opposite—I went with Devenport from his house to the Tottenham Court Road Station of the Tube railway, where we arrived at 12.30—Brown arrived about 1.15, after he was supposed to have seen the principal at Shepherd's Bush Station at 12 o'clock—I heard from Brown that I mey had not kept the appointment at Shepherd's Bush, and it was decided we all three should go to I mey's house at 189, Kennington Road—Devenport called there afterwards and overtook Brown and myself, who had strolled along together—Devenport told us that the land-lady had said that I mey had left the house, and had gone to Hastings Devenport and Brown then suggested that they should go to I mey's solicitor, Mr. Kemp, at 143, Holborn Bars—as we were going Devenport thought we were being followed, so we alighted from our omnibus—we were going to Mr. Kemp to get him to telegraph to I mey to make an
appointment with him—when we alighted we parted for a time, I rejoined them, and we all got on a 'bus to Chancery Lane, I to keep an appointment with Sammes, and they to go to Mr. Kemp's office, to try and get an appointment with I mey next morning—I rejoined them at the King Lud, and took Devenport to see Sammes at 30, Imperial Buildings—Sammes said to Devenport, "Fry tells me we can have 1,150, but the price has gone up to £3."Devenport said, "Yes, that is so, there are several others after them, I will tell you what I will do for you, I will split 5s. of my profit and you can have them at £2 15s. "Sammes said, "All right, I will let you know, if you can call back to-morrow, but I am very sorry you have raised the price as I had instructions to complete the deal"—next morning Devenport, Brown, and I went to Mr. Kemp's office—we could get no news of I mey, and it was arranged we should go to his daughter's, at 6, St. John's Street, Market Place, Finsbury—Brown inquired at the door, Devenport and I remaining a little way off—Brown rejoined us and said the telegram was still lying there—we went to the Peacock, and then Devenport and I went to keep the appointment at Imperial Buildings—we found Sammes there, and he told Devenport that he was instructed to complete the deal for the 1,150 notes at £2 15s. per note, and he showed him several bags of gold which he had—it was hoped the delivery would take place next day, Saturday, but Sammes left the arrangements of any appointments that might be necessary, with me—I returned with Devenport to the Peacock to find Brown, who was told what had passed.—Devenport and I then went to Rossaman Street, Clerkenwell—opposite the business kept by Devenport's sister is the Red Lion—as we passed it I said, "Let us walk over and have a drink"—he said, "I would rather not, because Tommy Brown and I are friends of the landlord, and Tommy came up with a local ice cream merchant and changed a note over the bar when the landlord was out, and I do not think I will go in there"—about 7 o'clock I returned to the Peacock where I found Brown—I left with him, and as we were walking along Houndsditch he suddenly left me and darted across the road and joined two men—he went away with them—I waited about half an hour, and as he did not return I walked back to the Peacock—I found Devenport there, Brown returned shortly afterwards, he was accompanied by another man, and directly they entered the bar Devenport ejaculated,."It is our man," and jumped up, and the man never got into the door because Devenport and Brown went out with him—the other man was I mey Cohen—I only knew him from seeing him, there is no doubt that it was he—they remained out of the Peacock about fifteen minutes—Devenport came back and said to me, "Come out and see our man"—I went out—he simply said he had not seen me before—I said, "no, I did not think we had met"—he said, "Devenport and Brown tell me you have a man who can deal with 1,150, how is it you have a man who can do with such a large number of notes?"—he mentioned no price—then I told him the tale that had been agreed upon by Davidson and myself—I told him that Sammes was acting for a Paris banker who was deficient in his accounts, and was anxious to obtain as many £5 Bank of England notes as he could, at their face value, to
place among his other securities before he went into liquidation—I mey rather cross-examined me—he said, "Have you seen to-day's papers and this evening's papers?"—I said, "Yes"—that was the day the matter was first mooted in the press—he said, "There is a statement in the press which purports to be given on the authority of one of the Bank officials, that the police authorities are on the eve of making a great haul, I am afraid your man has been giving us away"—he did not seem to understand how anybody could safely dispose of such a large number, and he viewed the whole story with great suspicion—after Devenport and Brown had left he said a lot more—it was just in the balance whether he would go on or not—he said he would let Brown know at 1 o'clock on Saturday, at the Peacock, whether he would go on or not—I went to the Peacock when I left him that night, and saw Devenport and Brown—Brown said that I mey would not be seen in Devenport's company, because it was too dangerous, and that he only would do the business with him, Brown, and he would send a message if he was going on, or meet him, Brown, next day in the Peacock at 1 o'clock.
Saturday, May 10th.
STEPHEN HENRY FRY (Continued). On February 22nd I was with Brown in the Peacock awaiting the arrival of I mey, who did not come—on February 23rd I was at Devenport's house, and he told me he might receive a telegram from I mey at any moment—on the 25th I went to Mr. Kemp's office in Holborn to inquire about I mey—Brown was expected to attend there but did not—I saw Devenport again both on February 27th and 28th, but he could give me no information with regard to the missing I mey Cohen, and I never succeeded in holding any further communication with I mey Cohen—on March 1st I again saw Devenport, and he asked me to work out some prices to compare with some he had made with regard to what 1,150 notes would come to at £2 and £2 15s. per note, and as the result of my calculations I saw him write the last figures on this document (Produced) "£862 10s."—that would be the difference between £3,162 10s. and £2,300, the proposed cost price, and he then said that he made his figures slightly different—on March 3rd, at midnight, I was with Brown at Liverpool Street Station, and shortly afterwards Wyndham came up—Brown then said to me in Wyndham's hearing, "I have been asking Wyndham whether he could enable us to find I mey, and he tells me that I mey has gone away, but that he can do more for us than I mey could"—I said to Wyndham, "Is that so?"—he said, "Yes, it is, I mey was never trusted with more than a few notes at a time. Brown tells me that you have a purchaser of 1,150, and I can get as many as you require, if you come with me now I will take you to my man"—I said to Brown, "Let us go"—whilst we were talking Devenport came up, and Brown told him to go away, and said we would overtake him—Devenport walked a way, and I saw no more of him that night—Wyndham, Brown, and myself took the 12.15 a.m. train to Coburn Road Station—on arriving there we turned into the Mile End Road, walking towards the City—Wyndham stopped outside a house which I now know to be Durban House,
No. 453, Mile End Road—he went inside, and shortly after returned and said, "Alf is not at home, but I have seen his wife, who knows as much about the business as he does, and she says we can have up to £6,000 worth,—I have made an appointment for him to meet you at the Royal Hotel, Burdett Road, at 10 o'clock to-morrow"—Brown and I left Wyndham, and we drove to Brown's house at Stratford—I then left Brown and went and saw Ex-Inspector Outram first of all, and with him went to Chief Inspector Davidson, arriving there at 4 a.m. on March 4th—at 11 o'clock that morning I went alone to the Royal Hotel, and there met Wyndham—he said, "I have been to my man, but he is in bed, as he did not get home from his club until 8 o'clock this morning, I could not wait for him, as I want to go to the Races, but I have arranged for him to meet you at the Bodega in the Strand at 7.30 this evening, it would be most convenient to his man, as his offices were in the neighbourhood"—at that time I did not know Hurley, nor did I know that he lived at 453, Mile End Road, and had an office at 9, Adam Street, Adelphi—whilst Wyndham was still with me, Brown arrived, and repeated his previous statement to me, and then went off to Gatwick Races—later in the day Brown and I saw Devenport at the Peacock, and told him of the appointment for that evening at the Bodega—I suggested keeping the appointment by myself, as if we all went together it might frighten them off the deal—Devenport was very angry, and said that if there was any business to be done he would be the person to do it, or he should see there was none done at all—on arriving at the Bodega at 7.30 we saw Wyndham and a man named Fitzey Gibbons, whom I had never seen before—after our arrival Wyndham went out and came back in a few minutes and said, "They have arrived," or"They are outside"—Devenport and Wyndham then went out, and returned in half an hour, and then we went towards Daly's Theatre—Wyndham and Devenport kept looking about to see that they were not being followed—I asked Devenport if he had done any thing—he said, "Yes, I think I have fixed the business up—they tried to discourage me, but I have overcome their objections, and I have made an appointment to meet them at 11 o'clock to-morrow morning at the King Lud, and I believe that we shall be able to complete the business by about 2 o'clock in the afternoon, I want you to get your man to his office by 10.45, so that I may have five minutes' conversation with him and satisfy myself as to the arrangements for their delivery, examination, and payment"—we all five went to Daly's Theatre, and on leaving there we went to the bar of the Crown Hotel, Charing Cross Road, where Devenport said to Wyndham, "I thought you said there were too many in this business already, and now you have been and told Fitzey"—Wyndham waved the objection away by saying, "Oh Fitzey knows all about the business"—then Wyndham, addressing me, said, "Now, Fry, tell us all about this business, and what it means"—I repeated the tale that we had a man in Paris who was a buyer of 1,150, and Gibbons said, "I don't understand how any man can possibly do with such a quantity, because there is sure to be a row sooner or later, and what is your man going to say when he is asked where he got them from? besides, these things cannot be examined in a public-house; how do you
propose to examine them I have heard no scheme that I consider practicable for their transfer from their present holder to the buyer"—he asked me more than once if I was quite sure my man was all right—Devenport said he had made arrangements for their being taken from the cloak-room by myself, that I would take them to the office in Imperial Buildings, where they could be examined quietly, and that the money was to be paid either there or at the Safe Deposit in Queen Victoria Street—£3,000 was said to have been deposited there, but at another interview £1,500 only was mentioned—I mentioned that the weight would be rather heavy, and Devenport said, "You need not bother about that, because I have made all the necessary arrangements for getting the money away"—then Gibbons said to me, "Do you know Davidson?"—I said, "What Davidson do you mean?"—he said, "The Chief Inspector of the City Police"—I said, "I should rather think I do; I know them all, but why do you ask me this question?"—he said, "Well, about half an hour before you turned up, Wyndham ran right into him in the Strand, and we did not like the look of it at all"—we then left the Crown, and whilst walking along Brown said to Devenport, "Fitzey appears to be putting Wyndham off the deal; if I were you I should let him know a little more fully how you mean to manage the business"—we went into the Gaiety Buffet, and Devenport said he proposed coming up in the morning with his trotter and buggy, that Brown would bring a portmanteau, and that if he was attempted to be followed driving his trotter nothing could possibly do so except a bicycle, and if that persisted in following him he would be sure to notice it—he said that he had seen my man on three occasions, and that if he were willing to run the risk the others ought to be able to stand upon his assurance—Devenport and I then went on to Liverpool Street Station and took the train to Hoe Street—on the way Devenport told me that when he went out of the Bodega with Wyndham he had seen two men whom he alluded to as the fat man and the lean man, and that he was confident the business would go through, and he asked me again to be sure and have my man there at 10.40 the next morning—I saw Devenport again next morning and we drove up from Walthamstow to the Unicorn, Bishopsgate, and I told him that Mr. Sammes would be unable to keep his appointment at 10.45, but would be there at 12.45, and that if the notes were found to be in order the money would be handed over against the cloak ticket room—I then left and Brown who had arrived got into the trap with his portmanteau—as I was leaving Devenport asked me not to arrive at the King Lud until 11.15, as he did not wish me to meet his men—I arrived at the King Lud at that time, and Devenport came there and told me that the business was not progressing at all satisfactorily, that his man had learnt during the night that I mey Cohen had considered the business too dangerous to proceed with, and they were very suspicious of it, and he was afraid that the business would not go through after all—he said, "I have left them over there," meaning the Bodega opposite, "talking it over, and I am now going back to them," and he went back—about half-an-hour after he returned with Brown, and said, "The business is off and they have gone away; I am sure it was the largeness of the number
that has frightened them off the deal"—at 3 p.m. Devenport and I saw Mr. Sammes—he told Mr. Sammes that he could get 200, and at intervals of two or three days a further 200 or 300, so that in the course of ten days they would have the whole of the parcel of 1,150 notes, and that that course of procedure would inspire confidence, and that he should like the business to be done somewhere else because he thought we were being followed, and it was then stated that Mr. Sammes had a room at the Gannon Street Hotel in the name of Sanderson, and that he would see Devenport there in future—Mr. Sammes said he had come for the express purpose of completing the deal, and had brought the balance over and above the £3,000 required—he said to Devenport, "Here it is in these bags; cannot you get me the equivalent of this gold in notes to-day?"—Devenport said, "No, I cannot"—on March 6th, at 8.45 p.m., I again saw Devenport, and he said he had just left Wyndham's man, who had told him that Wyndham could have as many notes as Wyndham required, but that the business would have to be done as between Wyndham and himself, and that he had arranged that the business should be completed on Saturday, as that would be most convenient for Wyndham, as there was no racing on that day, and he asked me to make an appointment so that I could take him up to the room at the Cannon Street Hotel to see my principal—the next afternoon, Friday, I took Devenport to see Mr. Sammes at 3 o'clock on Friday at room 62, Cannon Street Hotel, and he told Mr. Sammes he had arranged to get 200 notes, that he was then going down to see Walter Brown from whom He would get £150, and to a Mr. Rees, of Poplar, from whom he hoped to get the balance, because he had to pay for the notes before they were delivered to him—on Saturday, March 8th, about 4 p.m., I took two small parcels of notes which Brown had handed to me to the Cannon Street Hotel, room 61, next door to room 62. where I saw a number of the City Police, who took the numbers of them and handed them back to me—I then went back with Devenport to room 62, where I handed the notes to Mr. Sammes, who said to Devenport that the business could be completed in a cab, anywhere Devenport suggested, and Devenport suggested that at 7 o'clock we should arrive in a cab outside Coburn Road railway station of the Great Eastern Railway with the money to pay for the notes, £250, and that Devenport should call later in the evening at Cannon Street Hotel for the balance of £300, making the purchase price £550 for the 200 notes at £2 15s. per note—when the cab arrived at Coburn Road it was arranged that Devenport would have the notes either with him or in the immediate neighbourhood, that he would hand them to. Sammes who could take them up into one of the lavatories, examine them, and if he found them correct, come back and hand over the £250 for them—Mr. Sammes and I accordingly arrived in a four-wheeled cab at 7 p.m that evening at Coburn Road Station—Devenport came up and said, "Back in a few minutes"—he went away and returned in two or three minutes, and gave two small packages to Mr. Sammes, who then left the cab and Devenport got in—Mr. Sammes returned to the cab and said, "They are all right, Fry," and to Devenport he said, "You had better hold these until Fry pays you," and at that moment the cab was surrounded
by the police, who took possession of the notes—I saw Chief-Inspector Davidson directly after the capture and accompanied him to 3, College Street, where I saw Wyndham and Gibbons in the custody of the police.
Cross-examined by MR. OLIVER. I came out of prison on January 21st, 1900. since when I have earned money by writing magazine articles, and I am now engaged in some translations—I was not a member of the Whippet Club in Chancery Lane—I have been there, but not for the purpose of gambling—it was a gambling club, but since 1897 I have never had a shilling on a horse or a card—after I found the note that I changed was bad I did not say to Devenport, "If I knew where to get notes like this I would take care that my wife and family should not live in one room," or anything remotely resembling it, and Devenport did not reply, "If what you say is true, I would not have one of them on me for a thousand pounds," or anything remotely resembling it—the only thing Devenport ever said resembling that was that he was never mug enough himself to put one down—I never suggested for a moment that I would get rid of the bad notes for Devenport.—I say that before March 4th I endeavoured to prevent Devenport from entering into this business and entirely deny that I am more or less responsible for Devenport's present position.
Cross-examined by MR. LEYCESTER. I have never made a single note during the whole course of this business, and I have given practically the same account here as I gave at the police court—the only times I ever saw Wyndham at all in regard to this matter was on the night of March 3rd and the two interviews on March 4th.
Monday, May 12th
S. H. FRY (Continued.) Brown was not present when Devenport said he had been down to Wyndham's and had seen the 200 notes in his side-board.
Cross-examined by MR. ELLIOTT. When I found that the note given to Laws was bad I did all I could to dissuade Devenport from going on in the course he had begun—when the police requested me to assist them 1 said I was the last person on earth willing to get anybody into trouble—my conversation with Devenport lasted two hours—he never thought he was running one iota of a risk—I desired to act in a friendly way to him—he said, "Why, Levy himself never knew these notes were forged, he thought they were good notes, but they had been stolen from somebody's jug—he used the word "jug," I know—I only saw Gibbons once and that was on March 4th, and up to that time the whole of the proceedings had gone on without his personality entering into them at all—in the first conversation I had with him he expressed doubt about the scheme and it was at that interview that I said, "Fitzey seems to be putting Wyndham off the deal.'
Re-examined. In the Bird Cage, Gibbons destructively criticised the means which it was proposed to employ of conveying the notes from their present holder to my principal and for their payment, and he expressed distrust of my principal—Devenport himself told me that he had been the owner of public-houses—I know it also from others—he told me that
about three years ago he failed for a considerable sum—he said he had been in and out of fourteen public-houses—he had not been pursuing any business since his failure—he had been incapacitated by an accident whilst driving his trotter, he collided with one of Pickford's vans, and he wrote a letter to an insurance company about it—I did not notice anything the matter with him at the time of his writing the letter.
WALTER OUTRAM (Ex-Police Inspector City). On February 7th I was in St. James Street, Walthamstow, and saw Fry and Lawes—our meeting was quite accidental—I knew Fry, I was engaged in his case—he made a statement to me and showed me what was supposed to be a £5 note—I asked Lawes to give me the number on a slip of paper which he done—this, is the original paper, the number is E 75299, dated February 8th, 1890—I made an appointment to see Fry next day, and in the meantime saw Davidson—Fry did not keep his appointment, but I saw him on the Sunday when he made a statement to me—at my suggestion an appointment was made for him to see Davidson next day—Davidson could not keep the appointment, and another was made for him to see Fry on the 11th, when I introduced them—Davidson saw Fry again on the 12th, when. Sagar was there—between the 9th and 12th Fry placed himself almost entirely at our disposal—on February 14th I saw him again, first in the morning and again about 6 p.m., in Mason's Avenue, Coleman Street—he was introduced to Sammes by Davidson—Sammes and Fry left us—they subsequently returned and brought back an envelope which Sammes handed to Davidson—it contained four £5 notes, of which I took the numbers one E/74 and three of E/45.
Cross-examined by MR. LOCKWOOD. I had never spoken to Devenport before this case—Fry was charged with forging and conspiracy.
Re-examined. That was in connection with some offices at 77, Bishopsgate Street, connected with the outside Stock Exchange.
WILLIAM LAWES . I live at 12, Warmington Road, Herne Hill—I am out of regular employment—on the evening of February 5th I was at the Whippet Club and saw Fry there, and afterwards I saw Devenport with Brown and Levy—a game of cards was played and Levy and Devenport took part in it—Brown did not play—I saw him talking to Fry—Fry brought me a £5 note which afterwards turned out to be spurious—I noticed that Brown had a small roll of notes in his hand—I cannot say if this is one from the roll—I changed it into gold and put it into my pocket—I had no other notes there at that time—I handed the gold to Fry and he handed it to Brown—I heard Devenport ask Brown to lend him some money—he had lost at the game—Brown threw down some gold—a short time afterwards Fry, Devenport, Brown, and Levy left the club—later that evening I looked at the note which I had received from Fry—my suspicions were aroused, and the next day I sent it to Parr's Bank, through a friend of mine, Mr. Clarke, he brought it back, and in consequence of what he told me I saw Fry in the afternoon—I made a statement to him about the note and went with him to find Devenport and Brown—we were not successful, and consequently we went to Liverpool Street Station to find Devenport—we did not see him there, and together we went home to Walthamstow
—on the next day I saw Fry in the morning—he went to Devenport's house, but he was not to be seen—after that, when walking with Fry, we met Outram—I think Fry actually showed him the note—we were in a public-house, I do not know the name of it—I took the number of the note and gave it to Outram—later that day I made efforts to see Devenport—I was not successful, and I wrote a letter to him which I handed to Fry—the next day, February 8th, Fry was at the Whippet Club in the afternoon—we went to Liverpool Street Station, and at 8 o'clock we saw Devenport—I asked him if he had got the £5 for the note which I changed with his friend—he said, "Yes," and asked if I had the note—I said, "Yes"—his train was in the act of starting, and there was a good deal of hurry—he handed Fry £5, which Fry gave to me, and I intended to hand to Devenport the spurious note, but by mistake I handed him a pawnbroker's contract note which was on white parchment and folded up in my pocket-book with the note—the train being on the move, Devenport went away in it, and on my leaving the station I found out my mistake—I then handed the note to Fry, and we both returned to the Whippet Club—below the club, but on the same premises, there is a tobacconist's named Nadel, and, as we passed into the club, I saw Mr. Nadel in his shop.
Cross-examined by MR. LOCKWOOD. I was sitting down watching the playing at the Whippet Club—I was a member—I did have some proprietary interest in it—I have not now, it is not in existence—to become a member you filled up a form which went before a committee, and you were elected or rejected—I have seen Fry there a good many times playing at cribbage—as far as I know he was a member—he was not playing on February 5th—it was quite unintentional that I gave Devenport the contract note it was very much like a £5 note when it was folded up.
JOHN STANLEY O'MALLEY . I am a cashier at Parr's Bank, Charing 'Cross Branch—early in February what purported to be a £5 note was brought to me—I do not know the man who brought it—I examined it, I was not perfectly sure of it—I did not take the number, and I handed it back to the man who brought it. (This was the note destroyed by Mr. Nadel.)
ALEXANDER NADEL . I am a tobacconist—my premises are underneath the Whippet Club in Adelaide Street, Strand—I had known Fry for some months before February, and early in that month he came to my shop and made a statement with regard to a £5 note, and the next day he produced what purported to be a £5 note—I was busy then, and only just looked at it—I put it on one side for the time, and later on I looked at it—I came to the conclusion that it was bad—I thought I would wait and give it back to Fry, but as he did not turn up I burned it, leaving a corner of it to show him that I had destroyed it—he came in a little later and I showed the corner of the note to him—I kept the fragment six or seven days and then destroyed it.
THOMAS HENRY MURRAY . I am a commission agent, of 6, Heiron Street, Lorrimore Road, Walworth—I was at Hurst Park races on February 7th—I saw Devenport there, he asked me to take him 6 to 4 on Scotchman the Third—I said, "There is Billy Foots," and I took the bet—I went to
Foots—Devenport gave me what looked like a £5 note—Foots gave me £1 in exchange for it—Foots afterwards called me to him, and in consequence of what he said I went and found Devenport—I took him back to Foots, who said to him, "This is no good to me, I want another one for it—he said, "All right, I will go and bring it to you"—he came back and said, "You had better have that no bet"—Foots said, "I want my money"—Devenport went away again he was supposed to get the money but he never came back—the horse did not win.
Cross-examined by MR. LOCKWOOD. Devenport was alone the whole of the time—I did not see him with anybody the whole afternoon—he did not say where he got the note from.
ANNIE RAND . I am now a barmaid at the Junction Tavern, Raynes Park, but on February 7th I was employed at the Imperial Hotel, Richmond—in the evening of that day two or three men came in—one of them was Thomas Brown—they called for drinks—they paid in cash—they asked me if I could change a £5 note—I referred them to the governor, Mr. Newton—I saw him change a note—I cannot say which of the men gave it to him.
SIDNEY FRANCIS BROOKS . On February 7th I was at the Imperial Hotel, Richmond—three men came in—I saw one of them hand a £5 note to the barmaid, as I thought, but it was Mr. Newton, who cashed it—to the best of my belief Devenport was one of the men.
Cross-examined by MR. LOCKWOOD. I would not pledge my oath that Devenport was one of the men.
FRANK NEWTON . I am manager at the Imperial Hotel, Richmond—on the evening of February 7th, Miss Rand called my attention to some men in the saloon bar—what purported to be a £5 note was handed to me, which I changed into gold—there was some conversation between me and the men—I think that is the note, it is numbered E/45 43175—the house would be on the road from Hurst Park to London.
JOHN BERELSTEIN . I keep the Fox and Hounds at Upper Richmond Road, Putney—I was in the bar on February 7th, about 12 p.m.—Devenport, Tommy Brown, and Walter Brown came in—Tommy Brown gave what was supposed to be a £5 note to my wife—she asked me if I had got change for it—she handed it back to Tommy Brown and he handed it to me—I changed it, it is numbered E/74 54217—I paid it to Mr. Custance for tobacco—I gave the change to Brown and he put £1 on the bar for cigars—I received some information from Mr. Custance with regard to the note and I afterwards identified it at Messrs. Freshfield's.
Cross-examined by MR. LOCKWOOD. I have known Devenport six or seven years—I was surprised that he was connected with such a thing—I thought he was a respectable tradesman."
DELLA LOUISE PINCHIN . I am a barmaid at the Thames Hotel, East Molesey—on February 7th I took what purported to be a £5 note in exchange for drink—I cannot swear to the note—Thomas Brown handed it to me—a big burly man joined him after he had been in the house three or four minutes—I handed the note to Mrs. Tagg, the proprietor's wife.
bank, East Molesey—this note, No. E/45 43128, was paid in on February 8th by Mr. Tagg's clerk—I cashed it—I had some doubt about it—I subsequently sent it to our London agents. Messrs. Williams, Deacons, from whom we received an intimation that it was a forgery.
CHARLES FEIST . I keep the Peacock in the Minories—I have known Devenport a couple of years, and Thomas Brown a little longer—he was manager of the Old Bull in Bishopsgate—I have seen Devenport and Brown together frequently—they used the Peacock almost daily since I have been there—I do not know I mey Cohen—since February 10th I have seen the other two almost daily with Fry—on Saturday, February 15th, Fry, Devenport and Brown were in the house, and Brown or Devenport asked me for an envelope—I gave them one, and they all went into the dining-room of the house, where they were out of my sight—after a short time they came out and handed me the envelope to take care of until the following day—it was fastened up when I had it—I do not know if it contained anything—I was busy and put it into my coat pocket hanging behind the door where it remained till next day—next morning they drove up with a horse and trap, which I believe was Devenport's—it was a good horse—they asked for the envelope which I gave them—they said they would come back, they went away in the trap driving towards Tower Bridge—they did not come back that day—after that day they continued to use the house and I constantly saw Fry in their company.
Cross-examined by MR. LOCKWOOD. I knew nothing against Devenport.
Cross-examined by MR. LEYCESTER. I never saw Freeman or Wyndham in the house at all—I cannot remember if Fry was there on the last Thursday in February.
CHARLES CLARKE . I live at 33, Connaught Street—I was at the Whippet Club about mid-day on February 7th—I saw Lawes there—he showed me what purported to be a £5 note—he made a communication to me and I went to Parr's Bank and showed the note to the cashier—I took it back to Lawes—I did not take the number of it.
EDWIN KINGCOMBE SMITH . I am managing clerk to Mr. Edward Kemp, a solicitor, of 143, Holborn Bars—Devenport was a client of ours, and he introduced Thomas Brown and a Mr. Wilson—I saw Wilson twice—he lived at 6, St. John's Street, Market Place, Finsbury—he told me that was his sister's address—I saw him first about a fortnight before March 3rd—he had a claim against the London, Chatham, and Dover Railway for lost luggage, and I saw him about that—I last saw him on March 3rd—I do not know what has become of him—I have written to him several times, but I have got no reply—I remember Devenport and Brown coming to the office on February 20th—I have ascertained that a telegram was sent to Wilson—it was not done with my knowledge—this telegram is in the writing of Burrell, a messenger in the office—Mr. Kemp refused to allow a telegram being sent but the clerk afterwards sent it without our knowledge—Read, "Be at my office to-morrow, 11, important, Kemp"—
Wilson did not come till March 3rd, and then in response to a letter from me to the same address—I have seen Fry several times.
Cross-examined by MR. LOCKWOOD. Devenport had been our client for 2 1/2 years—I never had any suspicion or doubt about his character—I knew nothing against him.
GERTRUDE ANNIE SHEARMUR . I live at 189, Kennington Road—it is a lodging house, and my mother is the landlady—I know Devenport, he came two or three times about the middle of February—I answered the door to him—he inquired for a Mr. Burnes, who was staying in the house—Mr. Burnes was out on each occasion that he called—Mr. Burnes left about February 20th—he had left when Devenport last called.
WILLIAM SAMMES . I am a jeweller, of 41, Cranbrook Road. Ilford—on Monday, February 17th, I accidentally met Davidson in Basinghall Street, and had a conversation with him, and later the same evening I was introduced to Fry—it was the first occasion I had ever spoken to him—that same evening I went with Fry to the Ship in Finsbury Pavement—outside the Ship I saw Devenport—that was the first time I had seen him—Fry introduced me to him as his principal, who could buy forged notes or other securities—it was said that my principal was on the Continent, and could get rid of any amount of notes—50s. per note was mentioned as the price I should have to pay—Devenport then left us and went across the road—he returned with an envelope, which he handed to Fry, and said that there were four notes in it, but that they were not the best specimens he could show him—I said I must take them and examine them privately before I could do any business with him, to which he consented—Fry and I drove in a cab to Mason's Avenue, Coleman Street—I left Fry in the cab and went and found Davidson, Sagar, and Outram—we went into an office in Coleman Street—I told Davidson Fry was in the cab, and he went and took the envelope from him—he came back with it—it was opened in my presence—it contained four bank notes—the particulars of them were taken by the police—we rejoined Fry, the envelope was returned to him, and he and I drove back together to see Devenport—I remained in the cab while Fry went into the Ship—he came out with Devenport—I cannot swear if I had the envelope in my possession then, either Fry or I had it—I suggested we should drive into Finsbury Square—we all three did so—we stopped the cab—we remained in it—I said to Devenport that the samples were all right, and if he could deliver the bulk according to the samples we could do business at the quoted price—he said he thought he could deliver 200 at once, and that he thought he could deliver up to 1,500—I said I would communicate with my people on the Continent and would let him know the result, but that it would take three or four days—he said he thought he could deliver by then—I said that Fry was my agent, and I would leave the matter in his hands to make arrangements—we parted then—on February 20th, at the request of Davidson, I went to a room on the second floor at 13, Imperial Buildings, Ludgate Circus, about 3 p.m.—Fry and Devenport came in—Fry said, "I have brought him here to explain," meaning Devenport—they had put the price up to 60s. per note—I said, "I have already advised my people that they can be
bought for 50s."—he said, "Very well, I will split the difference, and make it 55s."—I said I would communicate with my people on the Continent and let him know the answer—he said he had 1,150 in a cloakroom in the City of London which could be delivered immediately—he meant at a railway station, but he did not say where—I said I would let him know if we could take the lot, and that I thought we could complete the deal directly we got the reply—the notes were to be paid for in cash—I said I had £1,300 in gold in the Safe Deposit in Queen Victoria Street, which would be ready to pay for the notes, and that the balance would no doubt be forthcoming—it was not the fact that I had any sum deposited—next day, at 3 p.m., I was again at Imperial Buildings—Devenport and Fry came in—I asked Devenport if he had brought the notes—he said no, he had not been able to get them—I said my principals had advised me to buy the whole 1,150—I had £150 with me in three bags—I had got it from the police—I showed them to Devenport, and told him the amount of gold that was there—he said he could not deliver the lot, but he said he thought he could deliver them in parcels of 200—I said it was a matter of very considerable importance to me, having advised my people that the lot were ready—he said he could not get the thing ready, or something to that effect—I said to Fry, "Will you be willing to go on the Continent at a moment's notice?"—he said, "Yes"—that was in the event of the notes being handed over—I said I would leave the matter in Fry's hands to arrange with Devenport as to when and where I could get the notes—that first deal went off—on March 5th Outram called at my house and gave me a message—I was shortly afterwards called up on the telephone, and about 3 p.m. I again went to Imperial Buildings, where I saw Devenport and Fry—I said, "Well, Devenport, have you got the business ready?"—he said no, and that on account of what had occurred in the papers his people had got nervous, and that if it had not been for that the deal would have been done long ago—I said, "I am here with the money, it is a dangerous game carrying all this money about with me, I should like the deal done quickly"—he suggested that he should deliver 200 at a time—I think I assented to that—he said he was afraid of being watched at Imperial Buildings—I said I thought it was getting dangerous—Fry said, "By the bye, have you still got your room in the Cannon Street Hotel?"—I said, "Yes, had we better not meet there?"—Devenport agreed to that—he said he could deliver the whole 1,150 notes in a week in small parcels—that was the last meeting at Imperial Buildings, and on March 7th I went to room 62, Cannon Street Hotel, where I had an interview with Devenport and Fry—I said, "Now, Devenport, have you got this business ready for settlement?"—he said he had not, but he had 200 ready for immediate delivery—he said he had a difficulty in getting the money to pay for them—that he could get £150 from Walter Brown, and he suggested I should find the balance of £250—I said, "No, you can't have my money without notes"—he said that a Mr. Rees, of Poplar, would be sure to let him have the £250 to-morrow—on Saturday, March 8th. I received a telephone message, and I went to Liverpool Street by the 9.33 train—going through Broad Street I saw Devenport—I passed him, and in Throgmorton Street
Fry overtook me, and in consequence of what he said I went to room 62, Cannon Street Hotel, where in a short time I was joined by Devenport and Fry—Devenport still could not get his money, and he wanted me to pay the £250 for the purpose of getting the notes—I would not listen to that, it was cash against notes with me—he said he could let me have twenty-one or twenty-three immediately, and that he had sent Tommy Brown to get them—I said such a small parcel was no earthly use to me—I saw them again about 2 p.m.—Devenport said he was still unable to get the money, and he asked me again to help him—he said he had seen Walter Brown and Tommy Brown, but that he had not seen Rees—I said I could not let him have the money without the notes, as I would not take the responsibility on my own shoulders, but I would communicate with my people in Paris by telephone—he said he had come from Wyndham's—that he had seen the notes in Wyndham's sideboard, where he kept his spirits—that there were every one of 200, as he said there were, that they looked lovely, and that Wyndham would not part with them without the money—Devenport said the 200 notes could be taken up or delivered at Coborn Road Station—an appointment was then made for three o'clock at the same place—just before three I was in room 61, once with Fry and once without him—I saw Davidson and a number of police officers there—Fry produced nine notes—I examined them with the police, the numbers were taken and the notes handed back to me—later on I was in No. 62, and Fry and Devenport came in—I produced the nine notes and said, "There are only nine, you said there were eleven"—there had been twentythree originally, they had been reduced to eleven, and then dwindled to nine—Devenport said something to Fry to the effect that there had been twenty-three, but they had been reduced in some way—he said the bulk was better than the samples—the first arrangement was that they should be handed over at Imperial Buildings, or at the hotel, and the latter one that they should be handed over at Coborn Road Station—but at that interview Devenport said his people would not bring them into the City—he then proposed that I should go down to Coborn Road Station with the money—he would meet me at the station, and if all was right he would go round the corner and get the 200 notes—I was to take them up stairs to the railway station and examine them in the lavatory—turning to Fry he said, "That is how I did it with I mey"—after I had examined the notes I was to come down to the cab, if all was right we could go round the corner and settle the deal by my handing him the full amount of cash against the notes—after meeting him at three o'clock I said I had been in communication with my principals and they had given me instructions to go on with the buying of the notes—I understood he had been unsuccessful in getting the £250 which he was out of—I kept the nine sample notes in my possession until I handed them over to the police—the appointment at Coborn Road was to be at 7 p.m.—I drove there with Fry in a four-wheel cab—Detective Landy was present in the lavatory when I examined the 200 notes that I had taken from Devenport—on returning to the cab it was surrounded by the police and the arrest effected.
Cross-examined by MR. OLIVER. I had never seen any of the men before
February 17th—I had known Davidson a great number of years—when I met him on this evening he told me he was on a difficult job, but he did not tell me what it was—I have never been engaged with him before—I assisted him in this case because he asked me—I neglected my business very much through this—there was no arrangement as to what I should be paid—I have not been paid anything yet—I knew nothing of Fry except that he was mixed up with this Jubilee seat business, but I did not know it was the same Fry who had been convicted until we got back to the Ship, On February 20th, when Fry brought Devenport in it was Fry who said, "They have put the price up to 60s."—but Devenport agreed to it—I do not think I suggested that we should split the difference—in my note here I have got down that Devenport said we would split the difference—when Devenport and Fry came in on February 21st, Devenport said he had not got the notes—I showed him the gold on that occasion because I wanted him to see I meant business—I thought he was going to throw the business over—I saw him again on March 4th—he said the man who had the notes would not part with them without the money—I did not then think Devenport was going to drop the whole matter"—when I said to Fry, "Are you prepared to go on the Continent "the business had been resumed—I am quite sure that Devenport said on March 8th that he had been down to Wyndham's—I should say that Devenport knew where Wyndham lived—I have not heard Devenport say that he would not carry one of these notes for a thousand pounds.
Cross-examined by MR. LEYCESTER. I saw Freeman twice outside the office at Imperial Buildings, I even spoke to him on one occasion—he was on the lavatory steps in Ludgate Circus—I do not know the date—I have mentioned that to Fry—I should say that it would be about February 21st or 22nd—I did not recognise him until I saw him at the Mansion House.
Cross-examined by MR. ELLIOTT. I never came in personal contact with Gibbons—I never heard his name mentioned.
Re-examined. I swear I saw Wyndham close by the King Lud—as I came out of Imperial Buildings he was standing on the steps of the lavatory opposite—he walked directly towards me and looked me all over.
S. H. FRY (Re-examined). Devenport took the nine notes and counted them, and said to Sammes, "You keep them with the rest"—he returned them to Sammes, and they remained in his possession until after the arrest—Devenport said "There should be ten, because there were eleven, and I know I told you there was one short."
WILLIAM WILLIAMS . I live at Cranbrook Road, Thornton Heath, and am head porter at Cannon Street Hotel—Inspectors Cox and Sagar came last March and engaged rooms No. 61 and 62 there, No. 62 in the name of Saunderson—they are bedrooms on the fourth floor—there is a door communicating—on March 8th I took Fry and Devenport up to No. 62—soon afterwards I received a communication from Davidson, and in consequence went to Cannon Street Railway Station, where I saw
Devenport and Fry in close communication in the waiting-room—I just passed through and back again—I reported the occurrence to the police—Fry and Devenport returned to the hotel and went up to No. 62—I saw Sammes leave the hotel about 5 p.m. that night—the police officers left about the same time—I do not remember seeing Fry and Devenport leave.
THOMAS JOHN BROWN (the Prisoner). I have pleaded guilty to the counts charging me with uttering 200 counterfeit Bank of England notes—I was manager at the Bull Inn, Devonshire Street, Bishopsgate, up to January 30th—prior to that I had known Devenport, Gibbons, and Freeman for five or six months—I knew Freeman also as Wyndham and Gibbons as Fitzy—I have seen them at the Bull—Freeman and Gibbons used to come there together—Devenport was there oftener than they were—he was very seldom there with them, but I have seen him in their company—I thought they were racing men—on January 30th I saw I mey—I do not know what his real name is, I only know him as I mey—I do not know the name Cohen at all—I know he went by the name of Brown and Wilson—I saw Devenport with him on the 30th, and saw him give Devenport a Bank of England note—I do not know what its value was—I saw Devenport give it to Levey, who took it away and returned after a short time, and I saw him hand some gold to Devenport—he gave some of it to I mey, and offered 5s. to Levey—Devenport then stood drink to the party—later that day I saw Devenport, Walter Brown, and I mey cross Bishopsgate Street—I know Walter Brown as a manufacturer of boots at Kingsland—I think he lived at Putney—later that day I saw Devenport at Bishopsgate Street Station—we all went to the Prince of Wales after leaving the Bull—I was living at Stratford then, and therefore went to the same station as Devenport—I met him on the following Monday, February 3rd, in Bishopsgate, when he asked me to get into his trap, and we went to the Prince of Wales—as we were driving towards Islington Devenport said that he had some notes which he got in playing at cards off a mug, and he was going to change them—he said that I was to change them one at a time at public-houses—he did not say at that time whether the notes were good or bad—I believed them to be good—he gave me one at a time, three altogether—I changed each of them singly at a different public-house—I changed them by calling for drink and paying for it with them—I handed the change to Devenport—there was a third person in the trap, a man named Nash—we drove back to Bishopsgate, and Devenport and Nash took the trap home—I know Smith's fish shop, it is opposite Devonshire Street, and about one minute from Liverpool Street Station—we went inside the shop, and Devenport said, "Do you know what you have been doing?"—I said, "No"—he said, "Those notes were bad"—he said he had had twenty-five, but he did not tell me how many were gone—he did not say how many were still on him—he said they had not been paid for, and that he had got them from I mey—he did not say if anybody else was in this matter with him—after we had been in the fish shop a little time Walter Brown and I mey came in—they did not come in together—Devenport and I mey were talking about the notes, and
Devenport showed him the faults in them—I do not remember what they were—it was something by which he could tell if they were good ones—I mey said he would send and get the faults altered, and that there were some tenners coming—he did not say anything about the faults in them—a woman came into the shop to see I mey, and he went away with her—Devenport said it was Mrs. I mey—I arranged to meet Devenport the next day, February 4th, at Fenchurch Street Station, when I was to have twenty-five £5 notes from him—I mey was introduced to me at Smith's as Mr. Burns, and Devenport said he was a music-hall artist-at the meeting on the 4th Devenport was to pay I mey 30s. for each of the twenty-five £5 notes—I mey was to bring them and Devenport was to purchase them at 30s. each—Walter Brown was present when that arrangement was made—I was to change them afterwards, I suppose—I do not think I saw Devenport again that evening—on the 4th I met Walter Brown and Devenport at Bishopsgate Station—we went to Fenchurch Street,—where we me I mey—he gave the notes to Devenport, who went and looked to see that they were all right—Walter Brown gave I mey£1 10s.—I gave him £16—I had got that money from Ball's, the pawnshop, where I had pawned some things the same day for the purpose of raising it—Devenport gave he notes to Walter Brown, who took them to his boot factory, as far as I know—Devenport and I then went to the Prince of Wales—I owed Mr. Scott some money which I repaid him—I gave him two £5 notes and £5 in gold I had got £25 from the pawnshop—I paid Mr. Scott with good money—I saw Devenport on February 5th—we went to the Whippet Club with Levey—they both played:—Devenport lost—I remember seeing Fry there—at the Mansion House I saw Fry go into the witness box and heard him give his evidence—the story he related of the incidents which occurred at the Whippet Club on February 5th is accurate—after a time Devenport, Fry, Levey, and myself left the Whippet Club and went to the Tivoli, where a bad note was passed by Levey—from there we went to Burtonshaw's and then to Mooney's in Holborn, where another bad note was passed by Levey—Fry then left us and we three went in a hansom to the Yorkshire Greys, opposite the Holborn Town Hall, where we met I mey—he had two more chaps with him—we stayed there about an hour—before leaving I gave Devenport the money for the note I had changed in the Whippet Club—he had borrowed £1 from me, and I gave him the balance—he told me he was paying I mey£1 7s. 6d. for each of the notes—the first representation was that he was paying 30s.—we received back £3 and half-a-crown, which was a kind of rebate on the purchase—that was done because Walter Brown was there and he did not know anything about it, he thought it was 30s. and Devenport and I shared the £3 2s. 6d.—we cut it up—on February 6th I met Devenport by appointment in the City, and went with him to Walter Brown's manufactory near Columbia Market—we arranged to go to Hurst Park the next day and take the notes with us—Walter Brown was to bring them with him to Waterloo Station—on the 7th Devenport and I were there ready to receive them—we three went down to the races together—we saw I mey there—coming away from the course Devenport told me about passing the spurious note with
Billy Foots—then we made our way back to London, calling at every public-house we could, ostensibly to drink, but really to change notes—we changed eleven on that day—we called at an hotel at East Molesey, one at Richmond, and one at Putney—I mey started from Hurst Park with us, but he did not go far—he went home by train—on the morning of 8th I received a telegram purporting to come from Devenport, asking me to meet him at the Unicorn—I did so, and I heard there was some row about the note which had been passed at the Whippet Club—I then went to Walter Brown's factory and came to a settlement with him as to the notes which had been passed and as to what had to be paid to him—there had been another parcel of twenty-five notes which Devenport had got from I mey—we paid him £10 or £11 and received the balance of £1 10s. each—we made out that we had twenty-three still remaining out of the fifty—Walter Brown had the possession of them from February 8th to 21st—I was in Devenport's and Brown's company—I have heard the description given by Fry of the incidents of those days, and what I have heard is a truthful description—I was present when Devenport went across from the Ship and got the notes from the man standing at the corner—that man was Nash—he was Devenport's man—I believe those four notes were the same which we had enclosed in the envelope obtained from Mr. Feist—we put them in the envelope and asked him to take care of them instead of taking them away ourselves, because we thought it would be safer—I knew how the deal with the 200 notes eventually became a deal of 1,150—I saw I mey every day and reported to him the progress matters were making.—at first he was willing to come into it, but after a time he did not like it because he heard there was a warrant out for Devenport in connection with the note passed to Billy Foots—I remember a statement appearing in the Press with regard to spurious £5 notes—I mey said he did not like those statements—I do not know anything more about I mey—I do not know where he got the notes from—he said they came from Spain—on February 21st I remember darting away from Fry's side because I thought I saw I mey in Houndsditch—it was I mey—I took him to the Peacock, and Fry saw him outside—the result of that interview was that the deal went off, and as far as I know I mey went off too—we did our best to find him—we went to his solicitors and to his daughter's but we could not find him—what Fry has said with regard to the details is the truth—on March 3rd I was at Liverpool Street Station—I saw Wyndham there—I asked him if he had seen I mey—he said he had not—he asked me what I wanted him for—I told him I wanted some of the notes which were passed at Hurst Park—he said he thought he could get them as I mey lived at Bow—Fry was present then and I introduced them—I do not think I had seen Wyndham before then since he left the Bull—he did not say where he thought he could get the notes from—we all three went to Coborn Road by train—we went to a house in Bow Road which runs into Mile End Road—Wyndham did not say what he was going to do—he only said he thought he could get the notes—he went to a house in the Bow Road—he was away some little time—when he returned he said the man was not in and that he had made an
appointment for the next day at the Royal, at the corner of Burdett Road—then we all three walked towards Coborn Road—I think me and Fry got into a cab—I knew Wyndham lived at College Street then, which is quite near Coborn Road Station—next day I went to the Royal and found Wyndham and Fry waiting for me—Wyndham said the man had not been home all night and he had made an appointment for the same night at the Bodega in a turning off the Strand—he then left, saying he was going to the races—I do not know which—later that same day I saw Devenport at the Peacock—I told him about Wyndham and the appointment for that night—in his company and Fry's I went to the Bodega—as we arrived there I saw a man standing outside who I now identify as Hurley—I did not know him then—inside the Bodega we found Wyndham and Gibbons—Devenport and Wyndham went out together leaving the rest inside—they were gone almost half an hour, and a short time after their return we all five left and went to Daly's Theatre—we left the theatre shortly before the performance was over and called at a public-house near the Hippodrome—we were there an hour—the conversation was all about the notes—Gibbons did not like the scheme—he did not think that so many notes would be wanted—next day I met Fry and Devenport at the Unicorn—they had a leather portmanteau with them to put the notes in, which were to come through Freeman, and to be put into the cloak room at the station—the portmanteau was brought in Devenport's trap—he had a pretty fast trotter—he drove me with the portmanteau to the Bodega at Ludgate Hill, where I saw Fry go into Imperial Buildings—I saw Freeman standing on the opposite side of the road—after a time Fry returned to us, and Devenport and I went into the Bodega—we sat down at a table—Freeman and Gibbons came in and Devenport went and sat at their table—whilst they were conversing Hurley came in—Wyndham went and spoke to him—they went and sat at another table—then Gibbons, Wyndham, and Hurley left together by the back way—Devenport came to my table and we went across the road to the King Lud—as we were going he said, "The deal is off, and they won't let us have them"—he said they had seen I mey and he had put them off—we rejoined Fry in the King Lud and remained there talking to him—I do not remember making an effort to find I mey on that day—on the 7th I met Devenport at Liverpool Street—I had a conversation with him on Friday, the day before my arrest—he said he was going to meet me at Smith's at 7 o'clock—I went there—I saw Wyndham—he told me he would be able to get 200 notes to-morrow at 12 o'clock—we were to go to his house in College Street for them, and we were to take the money with us—he was going to sell the notes to us at £1 7s. a piece—he left shortly after—I went back to the Peacock and saw Devenport, and told him in Fry's presence of the arrangement I had made with Wyndham—as to what then passed Fry has spoken correctly—the notes were to be at Wyndham's at 12 o'clock next day, and on the Friday night I arranged to meet Fry and Wyndham on Saturday morning at Liverpool Street Station—we went to Cannon Street Station—I waited about whilst they went into the hotel, and on their return we all three went to Walter Brown's to get some money from
him if we could—we did not find him at home—I was told of an appointment made by Devenport with Sammes, that could not have been kept if we were to get to Bow Road by 12 o'clock, and therefore from Wormwood Street Post Office I wrote the telegram in Devenport's presence putting off the appointment—this is the telegram, "May be an hour late, sure to come"—Fry then left us and we went again to Walter Brown's—we saw him but could not get the money we wanted from him—we went back to Cannon Street Station—Devenport went into the hotel and came back to Fry—he told me to go to Walter Brown's and get the twentythree notes, the balance of the fifty—I went and saw Walter Brown but I only got nine notes—I brought them back and gave them to Devenport—I believe he gave them to Fry—they went into the hotel—Devenport; rejoined me—we again went to Walter Brown's in a cab—we did not get any money from him—we drove to a public-house near Wyndham's, and then went to 2, College Street where we saw Wyndham and Gibbons—Devenport said he could not get the money for the notes, and he asked Wyndham to bring them up to a public-house adjoining Cannon Street Station—he refused—Devenport said he would go back and see if he could make an arrangement to bring his man down to Coborn Road Station—that if he could do so he would take them to his man to see if they were all right, and give Wyndham the money when he got it—Wyndham took part in the conversation—Devenport and I returned by cab to Cannon Street and saw Fry—I waited in the station whilst Devenport went upstairs.—he returned and said that Sammes would be round at the station at. Coborn Road at 7 o'clock—when I left Devenport it was arranged I should go to Wyndham's house, get the notes and take them to Devenport—I got there about 6 o'clock and found Wyndham and Gibbons still in the same room—I told them that Devenport and his man would be round at the station at 7 o'clock, that I was to take the notes round to the station, and Devenport would bring the money round—they said that would be satisfactory, and Wyndham said that it would be best that I should take the notes round before Devenport arrived, because they did not want him to be seen coming to the house—I agreed to that—Gibbons produced two parcels from his inside pocket—he gave them to me and said, "Look at them and see if they are all right, you will find 100 in each parcel"—I. opened the parcels—I saw there were counterfeit bank notes in each, but. I did not count them—I put them into my jacket pocket—I went into Litchfield Road and then into Coborn Road—I met Devenport—I told him I had got them and I meant to give them to him—he said, "No, keep them a minute "and told me to wait on the other side of the road until Sammes came up—I did not know his name then—he said he would come and fetch them—I went to the opposite side of the road and waited a short time—I saw a four-wheel cab drive up—Devenport came across the road to me—I partly met him—he said, "Here he is," and I gave him the two parcels of notes which I had received from Gibbons in Wyndham's presence—Devenport went to the cab—I waited on the other side of the road—within a very short time I was arrested—next day I remember having some conversation with Gibbons at the Cloak
Lane police station—we were all four in different cells—we were all talking together—it was arranged I should say I got the notes off I mey instead of Gibbons, and we should say that we did not know the notes were forged until after we changed them at Hurst Park, and that I mey had come with us and given them to us one at a time for us to change, also that we were to say that I got the Whippet Club note off I mey—at that time I did not know or believe that I mey had gone—all these suggestions were untrue—this pocket-book is mine, and was found upon me at the time of my arrest—this is Fry's name and address in it—he wrote it down himself—below that there are some figures—they are mine—I made a memorandum in this book of the cost and profit of this transaction—I did that with Devenport and Fry—the result of that I put into this book.
Tuesday, May 13th.
THOMAS BROWN (Re-examined). I said yesterday that I had not seen Devenport between the Thursday and Monday, but I saw him on the following Friday—I was driving with him and another man named Nash—we were out till midnight—we had an accident about 11.30.
Cross-examined by MR. OLIVER. I left the Bull on January 30th because I was discharged at a moment's notice on that day—Devenport gave a note to Levy—I saw it—I did not have it in my hand—I cannot say if it was good or bad—I have known Walter Brown about nine months—he is no relative of mine—I had £50 or £60 when I left the Bull, which I had saved, but I could not get it at the time—I only had £10 or £15 ready—I owed £15 to Mr. Scott, so had to pawn my things—I pawned a diamond stud and a diamond ring and got £25 for them—my other money was in the Post Office Savings Bank—I had seen Fry before February 5th, but not many times—I lent Devenport £1 at the Whippet Club—he suggested we should go to the other club in Chancery Lane—I do not think he knew it—we went with Fry—Fry was playing cards himself at the Whippet Club—he did not ask me for any money at Mooney's—I did not lend him any—he did not say he had none—I only saw I mey at the Peacock once—then he was very angry about the way in which the negotiations were proceeding, and he said he would have no more to do with Devenport, but in future everything must go through me—I do not know if Devenport was too open in the matter—I mey said it was too dangerous to be seen with him—Devenport saw me talking to Wyndham at Liverpool Street Station—but until I saw him on the 4th he knew nothing about any appointment at the Bodega—on the Friday before the arrest Devenport and I had an arrangement to meet at Smith's fish shop—Devenport did not come—I saw Wyndham there—he agreed to sell certain notes at £1 7s.—Devenport did not know of any arrangement made between Wyndham and myself on that occasion—on the day of the arrest—Devenport and I did not see the notes the first time we called at Wyndham's—they were only produced the second time that I went—I did not see Wyndham produce them from the whisky cupboard—both notes that I made in my pocket-book were from Devenport's dictation—I believe that Fry also took down from
Devenport's dictation—I do not know if he wrote oat the figures—I was called over to put them down.
Cross-examined by MR. LEICESTER. I only knew Freeman by the name of Wyndham—I believe that is the name he was betting under—I heard the name of Freeman before this case commenced, but not long—when I met him in Liverpool Street Station on March 3rd it was by accident—I was going home to Stratford—he would be going to Coborn Road, which was in the same direction—I introduced him to Fry, and we all three went down in the train together—there was no conversation in the train about the notes—we got to Coborn Road before closing time, but I am positive we did not go into the Plough in Mile End Road—we were not having a last drink—Freeman did not say he would go out and fetch Alf—"Alf "being Hurley—I was on the opposite side of Mile End Road when Wyndham knocked at the door—I told him I was going house hunting next day—I meant I was looking for a public-house, not for a house to live in—I was looking out for a fresh job—he told me if I heard of anything likely I might let him know—I believe that was in Fry's presence—it was not in connection with that business that Freeman and I arranged to meet next morning—I went to the Royal Hotel next morning by myself—I was standing outside and I met Freeman there—we went in together—at that time he was proposing to buy a bicycle from me for his daughter—but we did not have any conversation about it that day—the arrangement that I should meet him on March 8th was not solely in reference to the question of purchasing the bicycle—I do not think we had any conversation about it at all that day—I went to his house with Devenport about 2 p.m I was with Devenport all the morning—I was with him the whole time I was in Wyndham's house—I did not see any of the notes then—they were not produced from Wyndham's sideboard.
( Owing to the serious illness of a shorthand writer, the completion of this days proceedings and to-morrow's, as well as the case of Foley, will be published in a supplement in next Sessions Paper.
Thursday, May 15th.
399. HENRY DEVENPORT, THOMAS BROWN , and FREEMAN LEVY were again indicted with feloniously being in possession of four £5 bank notes without lawful authority or excuse, knowing them to be forged, to which
Devenport and Brown PLEADED GUILTY .
MR. MATHEWS and MR. LEESE Prosecuted; MR. BURNIE Defended.
STEPHEN HENRY FRY repeated his former evidence and added—when Devenport and I were desirous of finding I mey Cohen, Levy said he knew him well, and promised us on several occasions to find him, and I went with him to different places to find him—we were then in treaty for 1,150 notes which I mey was to supply.
Cross-examined. I was in treaty with Devenport and Brown for the supply of the notes—I never had any conversation with Levy on that matter, and I never had any intimation that he ever knew any business was afoot
between Brown, Devenport, and myself, and Devenport often said, "Never let Levy know what we are trying to find I mey Cohen for"—I do not think Levy had anything to do with the conversation about the note at the Whippet Club, he must have seen me change the note there—at the Tivoli the barmaid told Levy that she would have to get change from the the manager—from first to last that would take at least five minutes—she offered to give him change in silver without going to the manager, but he chose to wait for the gold from the manager—while it was being got he waited at the bar—Devenport went to the other end of the bar and Brown said he was going to the lavatory—Levy and I stood close to the bar—I don't know who he got the roll of notes from—when I first saw them he took them from his pocket—I had a conversation with Devenport about the note changed at the Whippet Club—he said, "I have never been mug enough to put one down myself, why even Levy himself did not know that it was forged, he thought it was stolen from somebody's jug"—I have been informed that jug means a bank—I will not swear whether he said "stolen "or"taken," but I think he said stolen—he may have said from a juggins—I don't know what that means.
Walter Outram, William Lawes, Alexander Nadel, Lilly Wilkinson, Wilhelm Koenig, Francis Kissel, Charles Percy Mayers, Arthur Gresham Kirby, Henry Albert Morris, Charles Henry Buttege, Amelia Dickinson, Charles Dickinson, George Parkinson Jarrett, Alexander Goudge, repeated their former evidence.
DENNIS WALSH . I am manager of Mooney's public-house in Holborn—on February 5th I was in the bar and saw four men there—I took what purported to be a £5 note—to the best of my belief Devenport was one of the men—I can't identify the others—I took the note in exchange for drinks, and gave gold in return—on February 7th a messenger came from the Central London Railway and I gave him that note and £5 in gold for ten pounds worth of coppers—I next day went to Messrs. Glyn, Mills and Co., and identified the note—we have made the amount good to the Central London Railway.
Cross-examined. Devenport did not change the note but was one of the party.
MARGARET OTTAWAY . I am barmaid at the Old Red Lion public-house in John Street Road, Clerkenwell—on February 5th, about 11.45, three men came in and ordered drinks—I took in payment for them what purported to be a £5 note—it was handed to me by the prisoner, who was one of the party, and I handed the change to him.
JOHN COLLISSON (Detective Constable, City). After the arrest of the prisoner I searched his premises—amongst other things I found this deposit bank book in the National Penny Bank, this electric torch, life preserver, and key, as well as some pawnbrokers' duplicates—there was about £14 13s. to his credit at the bank.
JOHN DAVIDSON (Chief Inspector, City). I was present when Levy was arrested on March 8th at the Unicorn public-house—I said to him, "We are police officers, consider yourself under arrest upon a charge of being concerned with others in custody in forging and uttering £5 Bank of
England notes"—he said, "You needn't tell me the charge if you are police officers, it is sufficient"—I said it was my duty to tell him the charge and I continued to do so—he said, "I have had no forged notes unless my banker has given me any, I drew some money out of my bank this week, but I did not have any notes"—he was taken to the Cloak Lane station.
HENRY COX (Police Inspector, City). I searched the prisoner on March 8th—I found on him a Bank of Engraving note, £3 9s. 2d., some keys, a pair of gloves, and a pawnbroker's duplicate for a diamond ring.
Cross-examined. Bank of Engraving notes are not sold at shops, they are generally used by card-sharpers who flash them about going to race courses.
Cross-examined. We always pay our depositors in cash unless they wish otherwise—they can hare notes if they give notice for them—it would appear in the depositor's book whether he was paid in notes or not—the payments increased on January 29th.
MR. MATHEWS and MR. LEESE Prosecuted; MR. PURCELL Defended Wells.
The Prosecution offered no evidence against Freeman., and the Jury therefore returned a verdict of
NOT GUILTY .
STEPHEN HENRY FRY . Last February I met a man named Henry Devenport, and on February 8th he made a statement to me—I had an interview with him at the Birdcage in Columbia Market, at which a man named Walter Brown was present—two good and two bad notes were exhibited to me—on March 8th the arrest of Devenport, Thomas Brown, Wyndham, and Gibbons was effected, and 200 forged notes were taken possession of by the police.
Cross-examined by MR. PURCELL. On several occasions Devenport said to me, "I am not mug enough to do it myself, I get a mug to pass them."
ALFRED JAMES THORN . I am the son of the landlord of the Duke of York, Ampthill Road, Bow—between eight and nine p.m., on February 14th, the two prisoners came into the bar—I have known Southgate for about five years—they called for drinks which they paid for in cash—Southgate then asked me to change a fiver—this is the note, E/81 73999, it has got "T. G. Cook "on the back of it—that is the man I afterwards gave it to—I took it into the bar parlour and gave it to my father—he gave me £5 in gold for it which I laid on the counter and Southgate picked up—they left shortly after.
Cross-examined by MR. PURCELL Southgate carries on a wheelwright's
business, and his yard is in Coborn Road, which is 300 or 400 yards from my house—I know the Morgan Arms—it is nearly opposite Southgate's yard—the note was sent back to us a week afterwards as being forged—I did not hear Wells ask for change before Southgate handed me the note—there were other people in the compartment besides them—there were other people serving besides myself—I did not notice the conversation of the other people in the other part of the house—I did not see Southgate hand the change to Wells—he may have done so without my seeing it—he did not ask me if I wanted the man's signature—he asked my father, who came into the bar—I don't know if he had any other conversation with the men—I am not certain if I or my father put the change on the counter, I believe he came in after I had put it down—when Southgate asked my father if he wanted the signature, I believe my father said, "No, that is all right."
ALFRED THORN . I am the proprietor of the Duke of York—on the evening of February 14th I was in the bar parlour, my son came in and I handed him £5 in gold for what purported to be a £5 note—my son took the gold into the bar—I followed him a few minutes later—I saw the prisoners there—Southgate asked me if the note should be signed—I said it did not matter because I had known them for some time—to all appearances they were sober—I put the note into the safe—my son gave it to Mr. Cook for silver, who afterwards made a communication to me—in consequence of that I saw Southgate—he said he had not cashed the note for himself but for Wells—I saw him again after that in the street, but did not speak to him.
Cross-examined by MR. PURCELL. The men were sober enough to be served—I did not notice Southgate handing the cash to Wells—when I found the note was a forgery I went and found Southgate at his yard—I asked him if he could give me Wells' address—he replied, "I cannot do that as I do not know it, but I may see him in a day or two at the Caledonian Market"—I said, "Tell him I want him if you meet him."
Re-examined. I never got Wells' name or address from Southgate, or anything in reference to him.
THOMAS GEORGE COOK . I am agent for the Liverpool Victoria Legal Friendly Society, and live at Ampthill Road, Bow—on February 15th I received what purported to be a £5 note from Mr. Thorn in exchange for silver—I put my name on the back, and subsequently sent it to the sub-branch at 157, Mare Street, Hackney—I afterwards received notice that it was a forgery—Mr. Thorn repaid me the money.
WILLIAM FENTON JONES . I am manager of the Mare Street, Hackney, branch of the Liverpool Victoria Legal Friendly Society—on February 15th I received what purported to be a £5 note from Mr. Cook, our agent—I can identify it by the name T. G. Cook on the back—I paid it into the London and Provincial Bank the same day.
JAMES GLENDINNING . I am cashier at the London and Provincial Bank, Hackney—I received this note, E/81 73999 from the manager of the Liverpool Victoria Legal Friendly Society on February 15th—I sent it the same ay to our London agents, Messrs. Glyn, Mills, and Co., and received information that it was a forgery.
CHARLES HENRY BUTTEGE . I am cashier at Messrs. Glyn, Mills, Currie, and Co., Lombard Street—on February 17th we received this note, E/81 73999, from the Hackney branch of the London and Provincial Bank—on the same day it was paid into the Bank of England in a parcel—I received information it was a forgery, and got a receipt for it.
EDWARD POTTER . I am landlord of the Morgan Arms, Morgan Street, Bow—on February 14th I saw the two prisoners in the bar about 9 p.m.—this note, E/74 88503 was handed to me by Wells, who asked me to change it for him—I went inside and brought him out the gold for it—I asked him his name—he said, "You know me very well"—I said, "What is your name?"—he said, "F. Wells," or"Frank Wells," and I put "F. Wells" on the corner of the note in his presence, it is here now—they were having some refreshment when I came into the bar—I paid the note to Mr. Hayden next day—information came to me that it was a forgery—Mr. Hayden and me went to the London and Midland Bank, and as we went home I went to Southgate's house—he was not at home, but I saw him next day—I asked him if he could give me Wells' address—he said he was not aware of it, but he should see him, and would bring him over—a day or two after they both came in in the evening—I told Wells I had had notice from Mr. Hayden that the note was a forgery, and that I expected him to pay me the money—he said he would try, but he had not got the money, and he knew the man who he took the note from—that he came from Luton, and bought a lot of horses—that he (Wells) owed Southgate £2, and he wished to pay him, and that is why he asked me to change the note—he did not say then anything about changing another note at the Duke of York the same evening.
Cross-examined by MR. PURCELL. When Southgate brought Wells in I took Wells into an empty compartment—when I told him the note was a forgery he said, "I am very sorry; I was not aware of it, I will try and get your money back—I believe I can, I know the man I took it of"—my public-house is 50 or 60 yards from Southgate's yard.
Cross-examined by Wells. You asked me to give you the note back so that you could produce it to the man you got it from—I said I could not do that, because the Bank of England had it, but you could see it at the solicitors office.
ALFRED HARDEN . I am manager to Mr. Chambers, a dairyman of Coborn Road, Bow—on February 15th, I paid some silver and copper to Mr. Potter, and received this £5 note in return—I took it to the Bank in Whitechapel, and placed it to Mr. Chambers' account, a communication came from the London and Westminster Bank that the note was a forgery.
Cross-examined by Wells. I did not think the note was a bad one.
CHARLES THOMAS LAWLESS . I am note clerk at London and Westminster Bank, Lothbury—I received this note from our Eastern branch—I think it was sent with a large sum of money on February 18th to the Bank of England.
Cross-examined by MR. PURCELL. Southgate lives next door but one to the Coborn Arms—I was in there to keep observation on certain people—I was in the same compartment as Southgate—he knew me as a police officer—there is a barber next door—I do not know if his name is Avant.
Cross-examined by MR. PURCELL, I saw him there at the same time as Norris did—I have been in the Coborn Arms on four occasions—Southgate was not always there—I know Avant, he is not at all like Freeman—they could not be mistaken one for another.
JOHN COLLISSON (City Detective). I went to see Southgate about March 4th—I said to him, "Southgate, I want to see you respecting two forged £5 Bank of England notes, which were changed by you on February 14th, one at the Duke of York, Ampthill Road, and the other at the Morgan Arms—he said, "I never changed either of the notes, I was in the company of a man I have met at various sales, and I met him at the Caledonian Market on the day the notes were changed. On that day he sold a horse, And I saw him receive some Bank notes in payment for same, the reason I handed the note to Mr. Thorn at the Duke of York was because the man I was with was rather boozed, the note that was changed at the Morgan Arms was handed by the man himself, and I believe he put his name on the back. I handed the five sovereigns to the man"—I said, "Do you know his name or where he resides"—he said, "No, I shall be going to Caledonian Market on Friday, and no doubt shall see him there, and will communicate with you his name and address"—I got no communication from him—he was requested to attend the Mansion House on April 7th, when six prisoners were in the dock—Freeman, Hurley, Gibbons, and Levy were amongst them—I asked him to look and see if he could see the man who was in this company on the day the notes were changed, or if he knew either of the persons in the dock—he said "No, I have never seen either of them before in my life"—he had a good opportunity of seeing them—I asked him two or three times to go back and make sure.
Cross-examined by MR. PURCELL. I called on him more than once, but only saw him once—I was with Inspector Davidson when he was arrested on April 20th—I had not seen him since April 7th.
JAMES TURNER . I am a commission agent, of Putney—a man named Walter Brown had some stables in Lower Richmond Road—I sent a man to purchase a horse there in February or March—I went myself afterwards and saw Wells there looking after the horses.
Cross-examined by WELLS. You showed me a horse—I do not know if you had any horses of your own there.
of this case"—he said to me, "This is Wells"—I said to the prisoner, "You will be charged with forging and uttering forged Bank of England notes without lawful authority or excuse, with intent to defraud the Governor and Company of the Bank of England"—he made no reply—on the same day, about 3 o'clock, I went with Collisson to 4, Coborn Road, Bow, where Southgate lives—I told him what would be the charges against him for uttering forged Bank of England notes, he said, "I have changed no forged notes, I have had a lot of notes, but none of them bad so far as I know, and have had no knowledge of having had any"—he was taken to 26, Old Jewry—both prisoners were ultimately taken to Cloak Lane Police Station, and searched—nothing relating to the charge was found in their possession, I had charge of the case in which Devenport, Wyndham, and others were concerned—the notes found in that case were kept to themselves—I find eleven of them have the serial number E/81, and one of them is numbered 73996, November 8th, 1899—I find nine of the bulk of the notes bear the serial E/74, and one is numbered 88496, dated January 9th, 1900—the Old Red Lion note is E/74 88502, and the Tivoli 88505—the Morgan Arms note is E/74 88503.
Cross-examined by MR. PURCELL. I do not know that the two notes of this case ever came into my hands—I may have seen them—the bulk of the notes came into my hands on March 8th—I may have seen them before—I do not know if before April 7th, anybody had compared these two notes with the bulk—I do not think they were examined, because they were in my possession.
Southgate, in his defence, stated upon oath that on February 14th he went to the Caledonian Market to buy a cob, but they were too dear; that as he was leaving he saw Wells who he knew as Darkey, come in a cart, and he saw him sell to a gipsy a cob, and take a note, and give gold in exchange; that Darkey went home with him and looked at his mare, and offered£8 for her, but he refused to take less than£9; that they went to the Morgan Arms when Darkey changed a five pound note, and gave him£2 to bind the bargain, and they left; that two or three days afterwards Potter came and asked him if he had found Wells, which he did on the second night afterwards, and told him that Potter wanted him, and that he thought it was about the cob; that he took Wells to Potter, and about a week afterwards he met Mr. Thorn who said that that note teas bad, and he supposed he must put up with the loss; that the account which Collisson had given was correct; that he thought the notes were genuine, and took three notes out of his pocket and showed them to Collisson who compared them; that he had never been in Wyndham's company in his life; that he knew Stephens by sight but had never been in his company; that he did not resemble Wyndham at all, and that he changed one of the notes for Wells in case he might lose it or tear it or burn it, and he thought he was going to light a cigar with it, but that he was sober enough to be served.
Wells, in his defence, said that he bought a horse, and when he sold it the notes were given to him in exchange for it; that if Southgate had bought a cob which he had to sell he (Wells) would have given the notes to
Southgate; and that if he had known there was anything wrong with them he would not have taken them.
Southgate then PLEADED GUILTY to a conviction of felony at this Court on May 28th, 1888, as Joseph Sharp, and Wells to a conviction at Clerkenwell Sessions on July 6th, 1896. (See next case.)
OLD COURT—Friday, May 16 th, 1902.
Before Mr. Justice Ridley.
401. HENRY DEVENPORT THOMAS BROWN, MORRIS FREEMAN, THOMAS GIBBONS, FRIEDMAN LEVY , and ALFRED HURLEY , were again indicted for unlawfully conspiring feloniously to forge and uttering 200 £5 Bank of England notes, also conspiring to defraud the Bank of England, also to defraud divers persons who were willing to change them, to which Devenport, Freeman, Gibbons and Brown Pleaded Guilty, No evidence was offered against Levy.
MR. MATHEWS and MR. LEESE Prosecuted, and MR. ELLIOT Defended Hurley.
The Witnesses Fry, Outram, Sammes, Cox, Sagar, Dinnie, Thomas Brown, Atkins, Fitzgerald, Davidson, McPherson, Glencross, and Bishop repeated their former evidence.
Hurley, in his defence on oath, stated that he had no knowledge of the forged notes, and was not engaged in any conspiracy with the other prisoners to utter them.
NOT GUILTY .
MR. MATHEWS, for the Prosecution, offered no evidence.
NOT GUILTY .
Gibbons then PLEADED GUILTY to a conviction of felony at Gloucester, on April 7th, 1885.
DEVENPORT, FREEMAN, and GIBBONS— Fourteen years' penal servitude each ;
BROWN— Eight years' penal servitude ; SOUTHGATE, and WELLS— Three years' penal servitude each ; and LEVY— Eighteen months' hard labour.
Before Mr. Recorder.
403. DAISY WILES (21) and FLORENCE TURNER (20) PLEADED GUILTY to stealing a purse and 2s. 10 3/4 d., from the person of Kate Roll, having been convicted at Woolwich Police Court on November 6th, 1900.
Two other convictions were proved against each of them. WILES— Twenty, months' hard labour ; TURNER— Eighteen months' hard labour.
Before L. Smith, Esq., K.C.
MR. MUIR Prosecuted, MR. BIRON appeared for Gardner, and MR. ELLIOTT
appeared for Williams.
TOM RISHWORTH . I am Battery Sergeant Major of 136 Battery, Royal Field Artillery, stationed this year at Woolwich—the prisoner Gardner was pay sergeant, and Williams an ex-quartermaster-sergeant in the Army Pay Department, and from January to April this year he assisted Gardner with his accounts—I was in charge of the Battery Office—part of Gardner's duty was to prepare requisitions for the pay of mobilized Reservists—Gunner Bush was discharged from the mobilised Reservists on February 2nd—a money order was sent to him on February 12th addressed to Marsh Farm, Manningtree, Ipswich—I produce Bush's receipt, dated February 12th, 1902, for the amount, £6 2s.—I searched for the requisition for that amount and could not find it—I asked Gardner if he knew where it was—he told me he had handed it to Williams—that was after he had been placed under arrest on March 20th—I produce the requisition for the money order from the Pay List Army Form 1806 in Gardner's writing for £10 and £7 3s. 6d., payable at Conway Road, Plumstead, to Gunner Bush—it is sighed by the proper officer, Captain Bond, and certified by Lieutenant Potter to have been sent—it would have to be taken to the post office when the money was drawn—it is entered in the Pay List—the postmaster issues money orders upon the requisition and the numbers are put in the margin, 2616-7, in these orders, and the stamp showing the office, Artillery Place, Woolwich, February 28th—that is all in the ordinary course—I produce the post book of the Battery containing the date, February 28th, in which I find Gardner's entry of a letter to Quartermaster-Sergeant Williams, Charlton—I find no letter sent to Bush after February 12th in Bombardier Martin's writing—this telegram to Bush, "Do not answer any letter or telegram from anyone in Woolwich until I send you to-day, Gardner, 136 Battery," is Gardner's writing.
Cross-examined by MR. BIRON. Gardner said He had asked Williams for the requisition, and that he said he would take charge of it—it should not have been given to Williams—I was in the Battery when Gardner was appointed—his position requires considerable knowledge and experience of book-keeping—the accounts are made out once a month and sent to the District Paymaster—there were extra duties of references, correspondence, and calculations owing to the war gratuities to Reservists who are called out, and who are entitled to seven days' extra pay for each month of service—Gardner would also have to attend drills, night duty, and other ordinary duties, and he would require assistance apart from his lack of special knowledge—there has been previous trouble with pay-sergeants—Gardner said he had done similar duties, and he was of good character,
or he would not have been appointed—he was appointed under my recommendation—he was not of brilliant education, and Major White suggested that Williams should help him in the work and teach him his duties—that was a position Williams had held before in the cases of Pay-Sergeants Hardwick and Fraser—I would accept Williams' statement—he had large experience—I have seen observations on the pay-sheets in Williams' writing—I have not seen Williams' figures in pencil copied by Gardner in ink.
Cross-examined by MR. ELLIOTT. I have known Williams since December, 1900—when Gardner was appointed I knew that his accounts were to be checked by Williams—he was to be paid by Gardner, as far as I know—I have seen him in the Battery Office with Gardner on the accounts or something of that sort—Williams was only to check the accounts and see that they were compiled properly.
Re-examined. I have seen Williams in the Battery Office about half a dozen times since December, 1900—I was there every day—it was not Gardner's duty to receive money from Williams—I think Williams was discharged in January—he is a pensioner.
ISAAC BUSH . I live at Marsh Farm, Brantham, Manningtree, near Ipswich—my farm, is in Suffolk—I was formerly a gunner in the 136th Battery Royal Artillery in South Africa as a mobilised Reservist—I took my discharge on February 2nd this year—I received the money order for £6 2s. as the final instalment of my pay and gratuity—I signed and sent the receipt produced to the battery—I received no other communication till March 18th—I did not receive these two money orders for £10 and £7 3s. 6d., nor sign them, nor the receipt produced for £17 3s. 6d.—I never saw these till I was at the police court—on March 18th I received this telegram, and afterwards saw Sergeant Gardner at my farm in Suffolk—he asked me if I had received his telegram, and if I would state that I had received £17 3s. 6d., and give him a letter to that effect—I said that I had not received it, as he knew, and that I could not give him a letter to that effect—he said he would give me £5 if I would say that I had had it—I told him I did not wish for any money—he said he was in trouble with his book—I said I would do what I could for him, and if I received any telegram or letter from the barracks, which he said I should in a day or two, to give him a letter to say that I was in Woolwich about February 28th, and if I would help him by giving him a letter asking him to pay my war gratuity at Woolwich, as he said there was more due—I told him I did not trouble where I drew it if I had more pay, and if that would help him—I wrote this undated letter from Marsh Farm to the pay-sergeant of the battery: "Please make pay and war gratuity payable at Plumstead.—Yours truly, Isaac Bush"—he suggested the contents, and I wrote the words—I received a telegram next day asking whether I had received any money, and replied to the battery, "No, received none"—I told the truth.
Cross-examined by MR. BIRON. I never knew what was due—I said at the police court that I have since received a war gratuity in addition to the £5 2s.—I had never seen Gardner before—he said he would send me £5 on account of what was due.
Cross-examined by Mr. ELLIOTT.—He said nothing about Williams being in trouble no: mentioned him.
Re-examined. I received £7 10s. from the District Pay Office, not from the battery.
PERCY ALFRED BROWN . I am a clerk in the Secretary's Office of the General Post Office—I produced the original telegram "B," and the two money orders paid at Conway Road Post Office, Plumstead, on March 1st—after payment the orders go to the central office, and not back to the Battery.
ELLEN SUSANNAH RUMBOLD . I am the wife of Frederick William Rumbold, the postmaster of Conway Road Post Office, Plumstead—I cashed these money orders on this requisition on March 1st—the process is to sign the papers, see that the name corresponds, ask the name of the remitter, when, if it is given correctly, the money is paid—all that was done—Williams, to whom I cashed the orders, went to the desk, but I did not see him writing—he brought them back signed—I do not think they were signed when he first brought them—it was between 7 and 8 p.m.—he was in plain clothes—I was not spoken to about it for a month, when there was an inquiry, and I gave Williams' description, which was not written, but was signed by me—I attended the Woolwich Police Court on April 16th as a witness—Gardner was in custody—I recognised Williams standing outside the court when I went in and I spoke to the officer.
Cross-examined by MR. ELLIOTT. Several orders were paid on March 1st, but not at that hour—not more than two after 4 p.m.—I had no reason for noticing Williams—most of the others were known to me—the amount, £17 3s. 6d., was unusual—I was first asked about this on April 7th—we cash seven or eight orders a day.
GEORGE ABRAHAM SMYTH . I am a captain in the Royal Field Artillery attached to 107th Battery, Woolwich—I wrote Exhibit H at Sergeant Charles Gardner's request, after I had warned him that anything that I wrote down might be used as evidence against him, and asked him if the confession was quite voluntary—he said it was, and that he understood it might be used against him—he signed it in my presence—(Exhibit H. Read): "Voluntary confession of No. R.F.A. 77028, Sergeant Charles S. Gardner, 136th Battery R.F.A. I, Sergeant S. Gardner, having been duly warned that what I say may be used against me, do voluntarily confess, at the instigation of Q.M. Sergeant Williams, late of the Army Pay Corps, who, by arrangement of my commanding officer, was superintending the accounts of the battery, knowingly sent money orders to the value of £17 3s. 6d., due to Gunner Bush, in an envelope addressed to Q.M. Sergeant Williams in Nadin Street, Charlton, and made them payable at Plumstead instead of Ipswich, where Gunner Bush was residing. I know nothing about who cashed these money orders, but I got the sum of £5 from Q.M. Sergeant Williams"—that is signed by Gardner and attested by me.
Cross-examined by MR. BIRON. The colonel commanding, the sergeant major, and one sergeant were present—I wrote it word for word as Gardner said it, and read it to him afterwards—I might have suggested the word
"instigation," but the sense he gave me, and after writing I asked if that was right—I took each sentence separately—the colonel told me to warn Gardner.
Cross-examined by MR. ELLIOTT. Williams was not present, and had no opportunity of confronting the statement at the time.
LOFTUS OTWAY WHITE . I am a major in the Pay Department of the Royal Field Artillery—I know the prisoner Williams' writing—Exhibit K, an envelope and two letters, are in his writing—he acknowledged that when I was at the police court.
(The envelope was addressed "Private and Confidential" to the officer commanding 136 Battery Royal Field Artillery, and contained a letter of March 27th, asking what statement Gardner had made about him, as he had heard he had made one, and he did not want his own character defamed on account of his family and pension. This letter enclosed his formal statement, describing what he had heard as Gardener's assertions as" a tissue of falsehoods," and stated that he knew nothing of the embezzlement, and that he had told Gardner he did not care to be mixed up with the case.)
Cross-examined by MR. ELLIOTT. Williams was a clerk in my branch of the District Office 2 1/2 years, from May, 1899, to November last—I had every reason to be satisfied with him—the Order Form 01634 is made out by the commanding officer, passed to me, checked by my senior clerk, and I sign it and post it for payment—the amounts can be audited, but the dates of service and discharge cannot—they come from the unit, in this case the battery—if anything is palpably wrong it is sent back for correction, and from the dates given the amounts are calculated.
HARRY DUDLEY OSSULSTON WARD . I am captain and adjutant of the 23rd Brigade Division of the Royal Field Artillery—on April 4th Gardner came to the Division Office in military custody—he asked to make a statement—he was told by the colonel in my presence to write it out, and send it to me—the same afternoon he brought Exhibit J, which I read the next morning—it is in his writing.
Cross-examined by MR. BIRON. Gardner bore an excellent character in the battery until this charge was made against him.
Cross-examined by MR. ELLIOTT. I do not know Williams.
(Exhibit J Read: "Woolwich, April 4th, 1902. Sir, I took over Pay Sergeant of the 136th Battery R.F.A. in June, 1901, and not being a very good accountant Q. M. S. Williams, Army Pay Corps, was, with the sanction of the officer commanding, appointed to instruct me in the duties of Pay Sergeant. During the month of February, 1902, Q. M. S. Williams made up the accounts of Gunner Bush, in which he has shown a balance credit of £17 3s. 6d. I told him the man was already settled up with till date of discharge. He said I did not understand, as this man had been to the front he was entitled to a gratuity, and asked for the money order requisition (AFO 1806) for £6 2s. 4d., the amount sent to Gunner Bush, which I gave to him, and have not seen it since. When I could not find it later in the month I asked him what he had done with
it. He said it did not matter about that time as it would be all right. Acting under instruction from Q. M. S. Williams I got the money order made payable to Gunner Bush, Conway Road, Plumstead, and forwarded the money orders to Q. M. S. Williams, No. 1, Nadine Street, Old Charlton, S.E. (one money order being for £10, the other for £7 3s. 6d.), together with a receipt to be signed and returned. The receipt was returned duly stamped and signed in the course of four or five days. On March 17th, 1902, a letter was received from the District Paymaster, asking why the money orders were made payable at Conway Road, when the man's permanent address on discharge was Manningtree, near Ipswich. I went and saw Q. M. S. Williams, and asked him about it, and he said it was a mistake on his part. He then asked me to go to Ipswich, and see Gunner Bush, saying he was too ill to go there himself, which I promised to do. He then gave me instructions what to do, i.e., (1) Send a telegram to Gunner Bush, telling him not to communicate with anyone in Woolwich till he had seen me; (2) to bring Gunner Bush back with me to Woolwich if possible, paying all expenses; (3) if not able to bring him to Woolwich to offer him money, £2 and the balance of the £17 3s. 6d. to be forwarded to him as soon as possible; (4) to get a letter in Gunner Bush's handwriting, asking for his pay and war gratuity to be made payable at Plumstead; (5) if he received a letter or telegram from the District Paymaster or the 0. G. 136th Battery, asking what his last payment was, to say £17 3s. 6d. (which he promised to do). Gunner Bush refused to take any money, but gave the letter asked for. I went to Q. M. S. Williams' house at Charlton in the evening [March 19th, 1902] after returning from Ipswich and I saw him sick in bed. I told him about the interview with Gunner Bush, and about his refusing the £2, and that he had promised to say his last payment was £17 3s. 6d., which he said would be all right. Q. M. S. Williams then asked me had I heard about his being arrested on Sunday night, and I told him I had not heard of it He said it would not be in the papers, as he had arranged that it should not appear in the papers. He told me the whole case, and about the course he took by going to see the man the same as he had sent me to interview Gunner Bush. He told me that he gave the man of No. 2 Company A.S.C. a letter drafted to answer any letter that he might receive from Woolwich. He also told me that he had cashed the money orders and signed the receipt as Bush, and that he was asked no questions at the post office, and that he copied the signature off the one for £6 2s. 4d, which brought from his house. When the Pay List for February came back from the Army Pay Office with the observations there was, one asking why no gratuity had been charged for Gunner Doyle, Q. M. S. Williams asked me how long this man had been on furlough, and I told him the whole time I had been in the battery (which was about eighteen months). He asked me the man's address, which is at Plumstead. He made up the man's accounts, amounting to £15 odd, and told me to get the money order payable at Lee Road, Plumstead, as this man lived at Plumstead. I did not see anything wrong at the time. After telling me about his having been arrested I would not send it. He wrote to me twice asking when I
was going to send it, saying it was as safe as the Bank of England, as he had worked hundreds in the same way.—S. C. GARDNER. "
WALTER WOODMAN (Detective, War Department). I arrested Sergeant Gardner at 2.30 on April 11th on a charge of stealing two money orders value £17 3s. 6d.—he said, "All right, I am ready to go with you"—he was taken to Woolwich Police Station and formally charged—he made no reply—on April 16th I arrested Williams for uttering two forged receipts value £17 3s. 6d. on March 1st—he said, "I know nothing about them"—he was pointed out to me by Mrs. Rumbold outside Woolwich Police Court—he made no reply to the charge.
Cross-examined by MR. BIRON. Gardner was already under military arrest, and had made two statements.
Cross-examined by MR. ELLIOTT. Williams was attending Woolwich Police Court on subpoena to give evidence—I had not previously conversed with Mrs. Rumbold—Williams was opposite the court and I was standing at the station door when he was pointed out.
Re-examined. Mrs. Rumbold first spoke to me inside the court, then she went out and said, "That is the man," nodding.
THOMAS HENRY GURRIN . I have been engaged in the study of hand-writing for 17 years—I have examined these Exhibits—the writing is quite different in A to that in D and E—(the admitted receipt of J. Bush for the£6 2s., and the money orders for£17 3s. 6d.)—I believe the writing in Williams' letter K, and in the money orders to be the same, but the orders are written vertically instead of with the usual slope—in the letter marked "J "in Gardner's writing the word "Bush" occurs several times, and is not the same writing as the "J. Bush "in the orders, which is not Gardner's writing nor Bush's.
Cross-examined by MR. ELLIOTT. A person constantly writing in ink over another's pencil-writing might possibly acquire that other person's style—I have given my opinion—I do not profess to be absolute.
Williams' statement before the Magistrate: "I wish to call a witness, but he is not here, to prove an alibi."
Williams, in his defence on oath, denied all knowledge of forging and uttering the orders or receipts. Gardner, in his defence on oath, said hat what he did was under the direction of Williams, and with no intent to defraud. Both prisoners received good characters.
Evidence for Williams.
FREDERICK JACKSON : I am a bombardier in the D Battery of the Royal Horse Artillery, Woolwich, and am Acting Pay Sergeant to that Battery—with the consent of my commanding officer I have from time to time employed Williams to assist me with the monthly accounts—on March 1st I had my accounts prepared and Williams assisted me, and from the middle of the day when we first began until nearly 9 p.m. he was never out of my sight.
Cross-examined. I have been in the Service for nearly two years and a Pay Sergeant for six or seven months—the accounts were all in my writing—Williams would assist me in answering questions that I asked him.
FREDERICK ARTHUR JONES . I am a driver in the W Battery, Royal Horse Artillery, and act as office orderly to Jackson—on March 1st, about 1.30 p.m., I was sent by Bombardier Walker to Jackson, who was at dinner to say that Williams was at the office waiting for him, and from time to time during the whole afternoon up to about 9 o'clock I saw Williams in the office.
Cross-examined. I have been orderly since Christmas, and during that time I have taken books to Williams' house for Jackson, but that was the only day I have ever seen him at the office—about a week afterwards I was first asked if I could remember the day when I went to fetch Jackson up to the office where Williams was, and I did remember it.
JOHN WILLIAM WALKER . I am a Bombardier in the Royal Horse Artillery, and I work in an outer office where Jackson's office is—on March 1st I sent Driver Jones to fetch Jackson up to the office where Williams was waiting for him, and Williams was there up to about 7.30 helping Jackson with his accounts.
Cross-examined. I overheard Jackson being asked by Williams' son if he remembered the day when Williams was at Jackson's office, and I then said that I also remembered it, and I was then asked to give evidence about it.
GARDNER, NOT GUILTY ;
WILLIAMS, GUILTY. Eleven months' imprisonment.
405. SEPTIMUS GARDNER was again charged on two other indictments with forging and uttering receipts, and on a third indictment with stealing two money orders while in the public service. No evidence was offered.
NOT GUILTY .
Before Alex. Rentoul, Esq., K.C., LL.D.
Before Mr. Recorder.
FRANCIS JONES . I live at 69, Penny Street—I was living at Easter at Hayling's Coffee House, Greenwich—I know the prisoner as Minnie Ward—I was with her on Easter Monday early in the day and again at 7 o'clock close to the cab shelter, Amersham Road, and walked about with her till the morning—we were walking and riding all the time, and between 2 and 3 a.m. we went into the cab shelter—it is an open shelter—we were alone there, and she gave birth to a child there—she put it on a sheet of iron there and we both walked away leaving it naked as it was born and uncovered—we shut the door after us and went to Brockley Road station, about a mile off, and got into a train for Greenwich—we went to a coffee shop and had some breakfast and parted, and I did not see her again till she was in custody—I saw the after birth on the ground at Brockley Lane station.
JOHN COLLINS . I am a newsagent of 10, Brockley Road, New Cross—on Easter Monday, about 10.35 a.m., I went to this cab-shelter—the door was open—I went in and found a child without any clothing lying on the floor on a sheet of iron—it was not crying, but it made a mournful noise once—it was very cold—I gave information at the station, and when I went back a doctor had arrived—it is a shelter for cabmen only; it used to be locked, but the door was open.
H. W. ROBERTS. I am Divisional Surgeon at Brockley—I saw William Royal, a constable, yesterday in bed suffering from bronchitis—he is not fit to travel.
ALFRED DIXON (Police Sergeant R.) I was present before the Magistrate on April 25th, when William Royal was examined—he was sworn, and the prisoner had an opportunity of cross-examining him. (The depositions of William Royal was then put in.)
JOHN JOSEPH STACK . I am a medical man of 382, New Cross—Royal called me to the cab shelter—I got there about 8.10, and found a newly-born child alive and uncovered—it was blue with cold, and lying in coke dust—various signs about the room showed that somebody had given birth to the child there—I attended to it, and sent it to the police station in a cab—it was apparently a healthy child.
WILLIAM FERRIS . I am assistant medical officer to the Middlesex County Asylum, Tooting—on March 31st I was assistant medical officer at Greenwich, and about 9.30 a male child was brought there—that is about half an hour from New Cross—it was a very fine child indeed, and normal in every respect—it died from neglect, I found no other cause—if it had been properly covered it would probably have lived—on Friday, April 4th, the prisoner was brought there, and I attended to her—she had been recently confined—she said that she was delivered in the cab shelter in Amersham Road—I asked her where the after-birth came away, she said, "At Brockley, by the roadside."
CHARLES BIZZLE . I am relieving officer for Greenwich Union—someone applied to me, and I went and found the prisoner in bed at 22, Albert Street—she said that she had had a child, and did not know where it was—I gave her an order and sent her to the infirmary.
GUILTY. Recommended to mercy by the Jury. Miss Salter. a hospital visitor, promised to take charge of her, and her mother to be responsible for her. Discharged on her own recognisances.
Before Mr. Recorder.
MR. HUTTON Prosecuted.
NOT GUILTY .
MR. RANDOLPH Prosecuted.
JANE STEARMAN . I live at 17, Turrett Grove, Clapham, and am a widow—the prisoner is my step-daughter—she has lived with me for some time—at the time of this occurrence we were living at 647a, Wandsworth Road—on April 3rd I was awakened by a blow on my forehead, and saw the prisoner near me with this mallet (Produced) in her hand—she said, "No one shall take you away, we will both die together; we will go and see poor dear father"—she struck me three times—she had been in bad health for some months, suffering from neuralgia—I do not think she is responsible for her actions.
WILLIAM MANN (147 W.) On April 3rd, about 9.10 a.m., the prisoner came up to me in Wandsworth Road, and said, "Will you come across the road?"I done it"—I looked across the road and saw the prosecutrix standing at the open window at No. 647A with her head and face smothered with blood—I sent for Dr. Terry and the station sergeant.
WILLIAM FREDERICK TERRY . I am a registered medical practitioner of 625, Wandsworth Road—on April 3rd, soon after 9 a.m., I was called to the prosecutrix, and found her head and face covered with blood, and a number of jagged, lacerated wounds on her head, which might have been caused by the mallet produced—they were serious, but no bones were broken.
MARGARET ROBERTS . I have known the family six or seven years—on April 4th I went to the house, and in the dressing-room, on the prisoner's table, I found a number of papers and this card, "Speculation, ruin, money all gone," on the front, and on the back was, "Poor mother, I cannot leave her alone, she is too feeble; the Lord have mercy on us"—the other papers related to speculations on the Stock Exchange—I understood that they had four houses besides the one they were living in—the prisoner had seemed strange in her manner, and had been suffering from neuralgia.
WALTER CORNER (34 W.) I went to 467a, Wandsworth Road, and told the prisoner I should take her into custody for assaulting her stepmother—she replied, "Very well; I cannot walk, and have no money to pay for a cab"—at the station she was charged, and said, "Quite right"—she understood perfectly well what was being said—there was' blood and hair on the mallet.
JAMES SCOTT . I am medical officer at Holloway Gaol—I have had the prisoner under observation since April 3rd—when she was received she was in a nervous and depressed condition, but I cannot believe her statement that she has forgotten everything that took place before she came to Holloway.
GUILTY but insane at the time. To be confined during Sis Majesty's pleasure.
Before L. Smith, Esq., K.C.
MR. GRANTHAM Prosecuted.
MR. BIRON appeared for McLean, and Mr. ELLIOTT, Mr. FITCH, and MR. WATSON for Chuter.
IRENE FRANKLYN . I am single, and live at Tiversfield Road, Nunhead—on Thursday, March 27th, I received from Messrs. Andrews and Andrews, my solicitors, this cheque for £21—on Saturday, March 29th, I was going from my aunt's house to London to the bank to cash it—I have no banking account—I went to Rye Lane Station about 3 p.m. with the cheque, also a half-sovereign and some loose silver, making about 25s., in my purse, in my jacket pocket—I last saw the cheque in my purse when I left home—I took a ticket to Ludgate Hill, then went to the refreshment bar—somebody said Rhodes was dying—I asked the question of Chuter, and we had a conversation, in the course of which he said, "Will you have something to drink?"—I said, "No, thank you"—I said to the bar manager as soon as I got to the bar, "Can you cash me a cheque?"—afterwards I said it without any object—about ten minutes later I noticed it had disappeared—I said, "My purse has gone"—the cheque was in my mind, thinking I might have dropped it—Chuter was standing by—he went away—I hesitated awhile, and then went to the police—afterwards I telegraphed to the Bank—I next saw the cheque at the police-court—the cheque when I had it was not crossed, and I bad not endorsed it as it is now.
Cross-examined by MR. ELLIOTT. I did not leave home till nearly 2.45 p.m.—I had two Scotch whiskies—I have travelled on the line, and know the people behind the bar—the manager passed me a chair, but there was no occasion—I did not fall—I had only one whisky before I spoke to Chuter—he seemed perfectly sober"—I went to the police-station at 5.30 because I hesitated, and then thought the best thing to do was to inform the police, because the cheque might get into the hands of an innocent person—I afterwards telegraphed to the bank—I had no more refreshment—it is untrue to say that I was under the influence of drink—of course I ought not to have spoken to a stranger—very likely I spoke first—Chuter came a few minutes after I was in the bar—several other people were there—I asked whether it was true about Rhodes' death, and we got into a conversation about Africa—Chuter offered to treat me, and I refused—I paid for drink out of silver that I had—I took it out of my side coat pocket—I had previously asked the manager to change my cheque, because I wanted money to go on with, and Monday was the Bank Holiday—I had money to pay, but I wanted other money to meet bills—in my purse I had two half-sovereigns and three or four shillings loose silver, and it was in my jacket pocket—I absolutely deny that I said, "If you do not believe that I have got enough to pay, look at this," and that I then took an envelope out of my pocket, and took the cheque out of the envelope—I did not show Chuter the cheque—he might
have suspected that I had the cheque, because when the manager said, "I have not got any money,"I said, "You could not cash that cheque for me just now"—the cheque was in a registered envelope partly torn, sent by my solicitor, and the envelope was in my purse—Chuter did not say on my showing him the cheque, "Why, this is on Parr's Bank, where the frauds were, and is not worth anything"—the prisoners are nothing to me and I have no object in trying to get a conviction—I did drink with him, and I paid—he went away first—I said, "I believe that man has got my money"—I did not accuse him—that was in his hearing—he made no answer—when I lost my cheque I mentioned it publicly—Chuter left afterwards.
PHILIP WILLIS . On the night of April 9th I saw McLean at Peckham Police Station—I told him he would be charged with stealing a purse from the person of Miss Franklyn at Eye Lane Railway Station on March 29th, that the purse contained 25s. in money and a cheque for £21, and the cheque he tendered at the Peckham Furniture Company—he said, "I got it from a friend of mine, Bert Chuter, playing draughts at half a sovereign a game—he gave the address 94, Merritt Road, Brockley—on April 11th I saw Chuter—I said, "A man named Gordon McLean has been charged with stealing a purse which contained a cheque for £21, he says he got that cheque from you; can you give me any explanation?"—he said, "I got it from a woman at the refreshment bar, Rye Lane Station, on the 29th of last month; she gave it to me"—on 16th I arrested him—he said, "I can only say what I have told you previously."
Cross-examined by MR. ELLIOTT. From inquiries I find Chuter has a good character—he is a carpenter and joiner.
WILLIAM FOSTER (Detective Officer). I saw McLean by appointment at Lewisham High Road Police Station—I said, "I am police officer, and want an explanation how you came in possession of a cheque you tendered to the Deptford Furnishing Company on April 1st"—he replied, "I got it from a man through a gambling debt, playing draughts for a quid a time."
FREDERICK FOX (Police Inspector). On April 16th, at Peckham Police Station, I said to Chuter, "When Willis saw you last Friday about that cheque which McLean was charged with stealing you said McLean gave it to you, we have now found a witness who heard her say that she had lost it, and who heard her ask you if you had got it, and that you said that you had not, on that "I must charge you"—he said, "I suppose I must put up with it"—I charged him—he made no further answer—we had found out what the manager of the bar knew, and I directed Chuter's arrest accordingly—that is what I meant when I said that we had discovered a witness.
CLEMENT JAMES WOODMAN . I am manager of the refreshment bar at Rye Lane Station—I knew Miss Franklyn by sight—on Saturday afternoon, March 29th, she asked me if I could change a cheque for £21—I told her I could not do so—she had a whisky—Chuter came up and had a bitter, and they conversed about Africa—after some time she complained, of the loss of a cheque—Chuter was present—he went away
two or three minutes afterwards—I did not hear him reply to Miss Franklyn.
Cross-examined by MR. ELLIOTT. I had seen Miss Franklyn on four or five occasions—she was quite sober—she called for a whisky—then she had one with Chuter—she was in the bar from about 2.40 to about 3.30—I did not hear her mention the cheque to Chuter, only the Joss of it, and that she could not change it.
BERNARD JACOBS . I am assistant to my father, a furniture dealer, in the New Cross Road—on April 1st McLean brought me this cheque—on the previous Wednesday he had given an order at the shop of about £23 on the hire purchase system—we were to take £15 as a first payment and to send the balance, £6, to him—we were to send the goods to Ablett Street, Bermondsey—I handed the cheque to my brother—during the day I heard it was stopped.
Cross-examined by MR. BIRON. It was an open cheque—we arranged not to supply the goods till the cheque was cleared—we never parted with the goods—the police made inquiries, I told them what I knew, and in consequence of his giving the address, 5, Alexander Cottages, where I believe his wife was living, I gave the police that address, and they made an appointment to meet him—he told me he had the cheque for money he had won in a gamble.
GASKELL JACOBS . I am the last witness's brother, and help my father—I remember McLean coming to our shop on March 26 th—no business was done, we could not come to terms—he came the following week—on April 1st my brother handed me this cheque—I took it to the bank—payment was stopped.
McLean, in his defence on oath, stated that he won the money from Chuter, his fellow lodger, at draughts and nap, at half a sovereign a game, when the stake was doubled, but that he did not suspect anything was wrong as he knew Chuter, and as he had made up his quarrel with his wife, and was going to live with her again, he tendered the cheque in payment for furniture.
Chuter, in his defence on oath, stated that the lady gave him the cheque, which he thought was of no value till he found it in his pocket while playing at draughts and nap with McLean, when he handed it to him as he had lost in the games.
Witness for Chuter.
MARY HOWDEN . I live at 94, Merritt Road, Brockley—I have known Chuter several years, three of which he has lodged in my house—he is a carpenter—he has been employed by Mr. Robinson, of Thornton Heath, on the Old House Estate, Sydenham—he is hard-working and respectable, but occasionally addicted to drink—he has been engaged to my daughter for some time—on March 29th he came home very drunk, lay on the couch, and refused his dinner—that was between four and five p.m.—he remained till nearly eight o'clock—the prisoner, McLean, my other lodger, had been in the house all the afternoon playing cribbage with my husband, not for money, just house play—I left him playing draughts with Chuter—he began playing about eight—it was my proposition in order to keep
them in—I did not know they played for money—I should not allow that in my house—Chuter had recovered a little but was not in possession, of all his faculties—I never saw the cheque till it was produced at Lambeth Police Court—Chuter had not 25s. not 25 pence when I went out at 8 o'clock—I lent him some—I returned about 10 p.m.—Chuter, I believe, was in bed, I did not see him again that night.
Cross-examined. I have lent Chuter money before, and he has lent me some—I lent him 5s. on the Sunday morning—the last time before that when I lent him money was about twelve months ago perhaps—he had 15s. or 16s. when he went out on the Saturday morning—I do not know the writing on the back of the cheque—I know pretty well what he had when he had paid me, he gets about £2 10s. a week.
The prisoners received good characters.
McLEAN— NOT GUILTY .
CHUTER— GUILTY .
To enter into recognisances.
No evidence was offered.
NOT GUILTY .
Before Mr. Justice Ridley.
MR. MUIR and MR. BODKIN Prosecuted, and MR. PURCELL Defended.
LARRY COATES . I am one of the clerks at the Southwark Police Court—on March 19th I took the depositions in a charge of assault on Jeremiah Sheen and the deceased against the prisoners—amongst the depositions was that of the deceased, this is it (Produced)—the evidence was given in the presence of the prisoners—some of them cross-examined and I took a note of the answers—the deposition was afterwards read over to the witness and he signed it—Mr. Fordham, the Magistrate, also signed it.
Cross-examined. None of the prisoners were defended by solicitor or counsel.
ELIZABETH ROSSER . I live at 19, Barbell Street, Westminster Bridge Road, and am the widow of the deceased—he was a bricklayer's labourer and twenty-eight years old—I saw him about 9 p.m. on March 16th—he was sober then—later that same evening I met him coming from St. Thomas's Hospital, and he attended there till about April 7th, and after that he was attended by Dr. Cowen at home—he died on April 16th (The deceased's deposition was then read)—"I am a labourer, of 19, Barbell Street. On Sunday, the 16th inst., about seven or eight minutes to 11 p.m., I left my friend Sheen in the St. George's Tavern. I went out to go to the urinal. Outside Michael Benson asked me for 1d., and I refused him. The others rushed out of the house and all set on me and tore my coat off me and my shirt, and gave me a severe kicking, they all kicked me. I lost my watch, I cannot say how. Sheen came out while I was down and got me away. We went down Barbell Street and the prisoners
followed. I lost consciousness. Cross-examined by Michael—I did not see how Michael was knocked down. Cross-examined by Preston—I did not go with Preston into the Joiners' Arms, or follow Michael about. Cross-examined by Edwards—I missed my watch outside the St. George's Tavern. Cross-examined by James Benson—I was not near the Hercules, I saw James Benson flashing a knife, I saw no fight between James Benson and Sheen.
Re-examined—The value of the—watch was 30s.
JEREMIAH SHEEN . I am an engineer's labourer, of 8, Lambeth Walk—I knew the deceased—about 10.45 p.m., on March 16th, I was with him, my wife, and some others in St. George's Tavern, Lambeth Road—the deceased went out by himself—I followed about three minutes later—I saw all the prisoners round him swearing at him and saying what they would do to him—I did not see anything done to him, but he had been knocked down and kicked, and a young man had picked him up—he was standing up when I first saw him after coming out of the public-house—while the prisoners were there the deceased said to me, "Mr. Sheen, am I going to be knocked down and kicked and punched about like this for nothing?"—I took hold of him by the arm and said, "Come on, Mr. Rosser, come home"—I took him down the street to his house—my wife went with us—we had gone about twenty or thirty yards, when the prisoners followed us—just as we got to the deceased's door, the three men rushed at us—James Benson rushed at me and punched me in the face—I was knocked to the ground and kicked by the brothers Benson—I got up and tried to get away—some people shouted out, "Look out, he has got a knife"—James rushed at me, I got hold of his legs, he got round me and stuck the knife into my back—I fell down—I got up again and ran away—I fell in a doorway in a fainting condition—Preston and the two women had not done anything to me—I do not know where the deceased was when I was stabbed—I was taken to St. Thomas's hospital in a cab.
Cross-examined. I do not know a man named Joseph Sand—s I have never heard of him or of Frederick Richardson—Sands is not a relative of mine. I do not know if Richardson was charged at the South London Sessions with wounding Sands—I do not know if Benson was interested in Richardson—I know the Hercules in Kennington Road—I was not there on the 16th—I was in St. George's Tavern from about 8 to 10.50 p.m.—I went to the Lambeth Road entrance once during that time—I was not out of the house five minutes—I am known to the people serving there—the deceased was with me at 8 p.m. and was in my company till 10.45—it is quite untrue to suggest that we were in the Hercules at 9.30 with eight or nine others, and followed the prisoners down to St. George's Tavern—my party consisted of the deceased, my wife, Mr. Ray, and myself—I did not see Michael Benson knocked down and covered with blood—I and my party did not surround him and punish him for the part he had taken in getting Richardson acquitted.
JESSIE SHEEN . I am the wife of the last witness—I have known the deceased for about fifteen years—he was a sober and quiet man—I was in St. George's Tavern on March 16th with my husband, the deceased
and a young man named Edward Ray—I did not see any of the prisoners there—I saw the deceased go out by himself—we followed a few minutes afterwards—I saw all the prisoners round the deceased—my husband said to him, "come down home, Mr. Rosser, we want nothing to do with those,"—I did not hear the deceased say anything—he had been brutally kicked—I saw the kicks at the hospital—I did not see the prisoners actually beating the deceased—we all three went down the street—when we got to the deceased's house the prisoners came up and got round us—I saw the deceased being beaten—the two females were round him, but I could not see much because I had quite enough to do to look to my husband who was laying on the ground—he had been stabbed by James Benson with a large knife—he was standing up when he was stabbed, and some people shouted out, "Look out, he has got a knife"—I saw the other prisoners round the deceased—I went to the hospital with my husband and the deceased in a cab—Edwards had on a white sailor hat with a black band round it and a fawn-coloured coat like she has on now—she had not got her hat on her head, she carried it from St. George's Tavern to the place where my husband was stabbed—it was one of those hats which fasten with a pin thrust right through the top.
Cross-examined. I joined my husband in St. George's Tavern about 10.30—I saw Michael on the ground outside the deceased's house—I do not know if he was hurt—he got up directly—I do not know how he got on the ground—I did not see anybody hit him—my husband and the deceased did not come out of the deceased's house, and my husband did not say, "Who is the next best man"—they did not rush at James, and he did not say,"Give me a fair chance and I will fight you"—I do not know a man named Frederick Richardson—I know Joseph Sands by seeing him standing in a stall in Lambeth Walk—I have never seen him with my husband—I read in the paper that Sands complained that Richardson had hit him on the head with a big iron bar—Lambeth Walk is a few shops away from where we live—I do not know if the prisoners helped to get Richardson acquitted—I have only been in the Hercules twice, and I have never seen my husband in there—it is about five minutes from where we live—when my husband went out he met the deceased—the Hercules would be nearer to our house than St. George's Tavern.
EDWARD RAY . I am a general labourer, and live at 9, Barbell Street—on March 16th I was in St. George's Tavern—I saw the deceased there, he left about 10.55—there was a disturbance outside—Sheen went out, I followed directly—I saw Sheen taking the deceased down home, and the five prisoners following them—when they got to the middle of Barbell Street the prisoners closed upon the deceased and Sheen—as I was walking up I heard a cry of, "He has got a knife"—I saw James and Sheen close together—James made two deliberate plunges at him, and he fell to the ground—a policeman's whistle was blown and a constable came—as Sheen fell James flashed a knife in the air—there was not a fight between the prisoners and Sheen and the deceased—I am not certain if the women were wearing their hats—at the station Bradly had her hat on—I am not
sure about the other—I helped to take Sheen to the hospital—hen the constable came up the prisoners seemed to withdraw from the scene.
Cross-examined. I did not see the constable pick up Michael, I saw Michael on the ground—I do not know if he was comfortable, I was eaten up heart and soul with the man who was stabbed—I do not know how Michael got on the ground—he did not seem unconscious—I did not see James pick him up—I first saw Sheen and the deceased that evening about 8.30 in St. George's Tavern, they were there when I went in—Mrs. Sheen came in about 10.20—I was away for about half an hour at 9.30—I was there from 8 to 9.30—it would be impossible for Sheen and the deceased to be in the Hercules for 8 to 9.30—I have never been in the Hercules, it is about a quarter of a mile from my house, which is about five yards from the deceased's—St. George's Tavern is the nearest to his house—I do not know any men named Joseph Sands or Frederick Richardson.
FLORENCE PRICE . I am a barmaid at St. George's Tavern—on March 16th I saw all the prisoners in the bar together—Edwards was wearing a white sailor hat similar to the one I am wearing now—the only way to fasten such a hat on would be to put a pin through from one side to the other—she did not say how she had got it fastened on.
Cross-examined. I had only seen the prisoners once or twice before—I know Mrs. Sheen and her husband and the deceased and Ray, they are regular customers—they were not in the same compartment as the prisoners—I did not see the deceased go into the same compartment as the prisoners were in.
By the COURT. I believe Sheen and Rosser came in about 9.30.
GEORGE VERNON . I live at 15, Barbell Street, and am a labourer—on March 16th I was indoors about 11 p.m.—I heard quarrelling outside—I saw the deceased lying on the ground and the prisoner kicking at him, then I saw Sheen rush into the middle of the road followed by James who had a knife in his hand, he made two stabs at Sheen but missed him; Sheen fell, then I blew a police whistle and the prisoners ran away—one of the women had a white hat with a black band, she carried it in her hand—I did not notice a hat on the other at all—I saw Michael on the ground, I do not know how he came to be there—he was lying by deceased's side and kicking him—I should think it was done accidently—they were just opposite a lamp.
Cross-examined. All the prisoners had gone before the police came—Michael got up and went away.
CHARLES HAZLEWOOD (130 L.) On Sunday night, March 16th, I heard a whistle blown—I went to Barbell Street—I saw Sheen lying in the street—I did not see any of the prisoners—they might have been there about 10.15—afterwards I took Michael into custody in a house in Barbell Street—I told him I should take him into custody for being concerned in stabbing Sheen—he said, "All right, I will go quietly"—he was scratched a little bit on his eye—he did not look as if he had been knocked down and covered in blood.
Cross-examined. When I got to the spot there was a large crowd there
—I did not see Michael lying on the ground—I did not take any man into a house—I did not see another constable do so—I was the first one there.
FREDERICK WILLS (150 L.) At 11.15 on March 16th, I arrested Preston at the entrance of 3, Barbell Street, where he was standing—I told him I should arrest him for being concerned with others not in custody for stabbing and assaulting Sheen—he said, "All right, I will go to the station"—when he was charged he made no reply.
Cross-examined. I did not hear a police whistle—Hazlewood was in Barbell Street when I got there—I did not see any injured man taken to a house.
GEORGE AUSTEL (372 L.) I arrested the female prisoners at 13, Barbell Street, at 11.20 p.m. on March 16th—they were both in the same room—they both said, "All right, we will come to the station"—on the way Edwards said, "Leave go of my arm, and let me put my hat on"—it was on her head but a little bit on one side—I let go her right arm—she said, "It does not matter, I have lost my hat pin"—it was a white straw hat.
Cross-examined. She put her hand up to see if her pin was in her hat.
FREDERICK OXLEY (Detective L.) At 7 a.m. on March 17th I saw James Benson in bed at 131, Lambeth Walk—I told him I was a police officer, he said, "All right Sergeant Oxley, all through looking after that fellow at the Sessions last week, they tried to use the chiv on me, and they got it used instead"—chiv means a knife—I took him to the station, the charge was unlawfully wounding and assaulting Rosser and Sheen—he made no reply.
Cross-examined. There was a man named Frederick Richardson at the Sessions the last week tried for hitting Joseph Sands on the head with an iron bar—he was acquitted—I saw James Benson at the Sessions, he is a friend of Richardson, he was treating witnesses in the case—they did not give their evidence very satisfactory after he had seen them.
Re-examined. He was treating the witnesses for the prosecution.
THOMAS BRYSON (Inspector L.) I was in charge of the Kennington Road police station on March 17th—in the early morning, Michael Benson, Preston, Bradley, and Edwards were there—in their presence Rosser made a statement—(MR. PURCELL submitted that what is said in the presence of an accused in a police station, is not admissible as evidence unless the accused said something which makes it an admission. Mr. Justice Ridley ruled that the statement was admissible, as the prisoners had an opportunity of contradicting it if they chose)—Rosser said he had been thrown down and kicked by the four prisoners, and also by James Benson, and had had his watch stolen—I asked him if he could say who stole his watch, and he said he was unable to do so—none of the prisoners said anything—Rosser had been drinking, but he was not drunk.
WILLIAM HILL . I am house surgeon at St. Thomas's Hospital—I saw Sheen at 11.45 p.m. on March 16th—he had a punctured wound in the muscles of the upper part of the right buttock about 2 1/2 inches deep—should say it was caused by a knife—he was treated and recovered—I saw the deceased at the same time—he showed me a moderately severe bruise above the right collar bone, but there were no bones broken as far as I,
could ascertain, and he complained of nothing else—I had no notion of any hatpin or portion of one being in him—I attended to him, and then let him go.
RICHARD FOSTER OWEN . I am a medical practitioner at 6, Lewin Road, Lewisham—I practise for the London Medical Commission—I am not in private practice—I attended the deceased on April 9th and up to the date of his death—he was suffering from pneumonia and pleurisy on the right side, and was spitting blood—he died on April 16th—I made a post mortem examination on the 18th—I found some bruising on the chest and back—it might have been caused a month previously—he died from blood-poisoning, the source of which was an abscess in the left lung, in which I found 3 1/2 inches of a hatpin embedded—I could not see the place where it entered his body, but it must have been at the back.
Cross-examined. The pin would go in and make practically no mark—it could be unobserved for twenty-nine days, because it was.
The Prisoners' Statements before the-Magistrate.
Michael said: "I don't remember anything after being knocked down; I call no witnesses here."
Preston said: "I call no witnesses here."
Bradley said: "I lost my shawl, value 12s. 6d.; I call no witnesses here."
Edwards said: "I call no witnesses here."
James said: "I reserve my defence, and call no witnesses here."
James Benson, in his defence on oath, said that he was in the Hercules with the other prisoners about 9.30; that Sheen and Rosser came in with seven or eight other men; that Sheen said, "There is James Benson over there who works for Miss Milwood, the cow who got Richardson off at the last South London Sessions"; that Bradley then said they had better go away, and that he and the other prisoners all went out and went into St. George's Tavern; that the deceased came in and said to Michael, "You are not so good a man as you were years ago"; that Michael said, "You don't expect me to be as I am getting an old man"; that Michael and the deceased went out; that he went out, and in Barbell Street he saw his brother Michael on the ground senseless and with his eye cut open; that Sheen and Rosser ran into Rosser's house; that he picked up his brother and took him into his house at No. 3; that Sheen came to the door of his house and said, "Who is the next best man," and that he and Rosser rushed; at him (James); that they started fighting, and both fell on the ground; that Sheen called out, "I am stabbed"; that he (James) was kicked the same as Sheen was; that he had no idea how Sheen got stabbed, and that there was a large crowd round them.
Michael, in his defence on oath, said that he was in the Hercules with the other prisoners; that Sheen and the deceased with five or six others came in; that his brother said to him, "They are going to shove me through it"; that he and the other prisoners went out of the public-house and into St. George's Tavern; that Rosser came in and said to him, "Mike, you are not so good a man as you were years ago"; that he said, "No, I know
that, I am getting too old for the game "; that he had known Rosser since he was a child; that when he went out he saw Sheen and two other men; that Sheen hit him, and he did not remember any more.
Preston, in his defence, said that he was in the Hercules with the other prisoners; that he heard Rosser say to Sheen, "Wait till he gets outside"; that they all went out and into St. George's Tavern; that Rosser came in; that Michael went out soon after; that when he (Preston) got out he saw Michael on the ground with a lot of people round him; that Sheen and five or six more went for James; that somebody shouted, "They have got something in their hands"; that Rosser struck him (Preston) in the mouth, and that he and the two women stayed till the police came, and that the policeman helped to pick Michael up.
GUILTY . Seven previous convictions were proved against James Benson, four for assault and one for robbery with violence; one conviction each against Michael. Bradley, and Edwards. JAMES and MICHAEL BENSON— Three years' penal servitude each ; EDWARDS— Fifteen months' hard labour ; BRADLEY- Six months' hard labour ; PRESTON— Twelve months' hard labour.
ADJOURNED TO MONDAY, JUNE 2ND, 1902.