CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD JUNE 2ND, 1902.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
STEVENS AND SONS, LIMITED, 119, CHANCERY LANE.
Law Booksellers and Publishers.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, June 2nd, 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 WILLIAM GRANTHAM , one of the Justices of His Majesty's High Court; Sir REGINALD HANSON , Bart., M.A., LL.D., F.S.A., Sir WALTER WILKIN , K.C.M.G., Sir ALFRED JAMES NEWTON , Bart., Aldermen of the said City; Sir FORREST FULTON, Knt., K.C, Recorder of the said City; WALTER VAUGHAN MORGAN , Esq., Sir JOHN KNILL , Bart., and HOWARD CARLILE MORRIS, Esq., other of the Aldermen of the said City; ALBERT FREDERICK BOSANQUET , Esq., K.C., Common Serjeant of the said City; LUMLEY SMITH , Esq., K.C., Judge of the City of London Court; and JAMES ALEXANDER RENTOUL , Esq., K.C., M.P., LL.D., 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. EIGHTH 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, June 2nd, 1902.
Before Mr. Recorder.
414. HARRY DOUGLAS (26) PLEADED GUILTY to breaking and entering the warehouse of Aubrey Cohen and stealing a jacket and other articles, having been convicted at Clerkenwell on August 15th, 1899, as Frank Gladwell. Twelve months' hard labour. —
(417) JOHN FRANKE (20) , to forging and uttering a notice of withdrawal for £44 from the Post Office Savings Bank with intent to defraud, also to stealing and receiving a Post Office Savings Bank deposit book. [Pleaded guilty. See original trial image.] Twenty months' hard labour. —
(418) ARTHUR WILLIAM GARLAND (31) , to stealing while employed under the Post Office a postal packet containing three watches and other articles, the property of the Postmaster General, also to stealing a postal packet containing three band jackets, the property of the Postmaster General. [Pleaded guilty. See original trial image.] Twenty months' hard labour. —
(419) JAMES YOUNG (46) and CHARLES WORSDALE (47) , to breaking and entering the shop of Constant Francis Letache, Young having been convicted of felony at this Court on December 14th, 1896, and Worsdalle at Berks Assizes on April 10th 1896. [Pleaded guilty. See original trial image.] Nine previous convictions were proved against Young, and he had one year and 275 days still to serve, and seven against Worsdalle, who had one year and 245 days to serve. Four years' penal servitude each. —
(420) FREDERICK JONES (38) , to stealing a watch from the person of Edward David Cluff, having been convicted of felony at Newington on August 16th, 1898. [Pleaded guilty. See original trial image.] Twelve previous convictions were proved against him. Eighteen months' hard labour.
NEW COURT.—Monday and Tuesday, June 2nd and 3rd, 1902.
Before Mr. Common Serjeant.
421. FREDERICK WILLIAMS (60), CHARLES PITMAN (51), EMMA BELL (38), and FRANK MORRIS (33) , Being in possession of twenty counterfeit florins and thirty counterfeit shillings. Williams and Morris PLEADED GUILTY . (See next case.)
422. FREDERICK WILLIAMS (60) was again indicted with CHARLES PITMAN (51) and EMMA BELL (38) , Being in possession of twenty counterfeit florins and thirty counterfeit half-crowns, with intent to utter the same, to which Williams
PLEADED GUILTY .
MR. WILKINSON Prosecuted, and Mr. PURCELL Defended Pitman.
GEORGE PRYDE (Detective Sergeant G.) On the morning of May 3rd I saw Williams, Pitman, Bell, Morris and another man go into the Oxford Arms, Oxford Road, Islington—I went into the adjoining bar and saw them in conversation together—I saw Williams hand a packet to Pitman and another to Morris—Morris took a shilling from his packet, examined it, and handed it to Bell, who also examined it and handed it back to Morris, who replaced it in the packet and put it in his pocket—they all then left the public-house and stood in conversation together outside—I arrested Williams and took him back into the public-house where he took this packet (Produced) from his pocket and pushed it down behind him between the back of the seat and the cushion—I got it out and found it contained ten counterfeit shillings—I searched him and found on him 6s. 6d. in silver and 3d. in bronze, all good money—I told him I should take him to the station—he said, "I knew you would have me, Mr. Pryde, after coming to see me that time"—they were all taken to the station and charged—Williams made no reply.
Cross-examined by Mr. PURCELL. I saw Pitman go into four public-houses altogether—I made no inquiries there, neither did we receive any complaints on that particular day of bad money having been passed there—I did not hear Pitman say at the police station that he knew nothing at all about the coins, but I will not swear he did not.
Cross-examined by Bell. I could see you through the wicket door—you were sitting down.
RANDELL HODGSON (Detective Sergeant G.) On May 3rd last I was with the last witness—I took Pitman—I told him I should arrest him for possessing counterfeit coin—he said, "I do not understand you," and threw this parcel containing twenty bad florins (Produced) into the roadway—it was picked up and handed to me—I took him to the station and searched him—on him I found a half-sovereign, 6s. in silver, and 1s. 1 1/2 d. in bronze, good money—he was charged with the others and made no reply.
Cross-examined by MR. PURCELL. I did not say anything to Pitman about his having thrown the parcel away until we got to the police station, neither did I hear him say he knew nothing at all about it.
Cross-examined by Bell. I could see from the bar in which I was across to the bar where you were.
JOHN KENNARD (Detective G.) On Hay 3rd last I was with the last two witnesses keeping the prisoners under observation!—I arrested Morris and found on him twenty counterfeit shillings in various pockets and 1s. 6d. silver and 3d. bronze, good money—he was taken to the police station and charged with the others—he made no reply.
Cross-examined by MR. PURCELL. I did not hear Pitman say that he knew nothing at all about it.
THOMAS RATHBY (Detective G.) I was with the last three witnesses, keeping the prisoners under observation—I arrested Bell—I told her I should arrest her for possessing counterfeit coin—she said, "I have got none"—she handed me her purse and it contained 1s. silver and 4 1/2 d. bronze, good money—she was taken to the police station and charged—she made no reply—I afterwards went to her house at 231, New North Road, and in a front room on the third floor I found this paper of silver sand and this paper of whitening (Produced)—I found no bad money.
Cross-examined by Bell. I agree that silver sand is used for domestic purposes.
JANE MUMFORD . I live at 231, New North Road—I know the prisoners—Bell was a lodger at my house—I have opened the door to Williams and Pitman several times and to Morris once, and let them in during the time Bell was a lodger—they asked to see Mrs. Bell.
Cross-examined by Bell. You were not well enough to walk about, and that is the reason I used to open the door—Pitman passed as Mr. Bell's brother.
Cross-examined by Bell. I did not see any packet opened nor any money passed.
WILLIAM JOHN WEBSTER . I am Inspector of Coins to His Majesty's Mint—these twenty florins and thirty shillings (Produced) are all counterfeit—they are fairly well made—the silver sand and whitening would be used for polishing and they may be used for domestic purposes.
Bell, in her defence on oath, said that she came out on the morning in question to go to her doctor, and met a man to whom she had lent Is.; that she asked him to repay her, and he took her into the Oxford Arms to have a drink and get change; that while there the other prisoners came in, and they all had drinks together; that she did not see any bad money and never took any into her hand, and had no knowledge of the other prisoners possessing bad money
NOT GUILTY .
PITMAN— GUILTY .
WILLIAMS and PITMAN then PLEADED GUILTY to convictions of felony at this Court, Williams on November 16th, 1891; Pitman on March 5th, 1894, in the name of Charles Welch, and several other convictions were proved against him. Five years' penal servitude each. MORRIS— Nine months' hard labour.
MR. PARTRIDGE Prosecuted.
MARY MORRIS . I assist in the second-class refreshment room at Euston Station—on March 19th last about midday Lindsey came into the bar for a glass of bitter, the price of which was 2d., and tendered in payment this counterfeit half-crown (Produced)—I asked him if he was aware it was bad—he said, "No"—I handed it to somebody else, and he was detained.
HENRY JOHNSON . I am a detective employed by the London and North-Western Railway Company—I was called to the refreshment bar, where I saw Lindsey—I was told in his presence that he had attempted to pass a bad half-crown, and I said I should have to take him into custody—he said he had backed a horse the day before, and the bookmaker had given him the bad half-crown with other money—I then handed him over to Sergeant Wright.
CHARLES WRIGHT (Sergeant H.) I saw Lindsey, who was detained at the Euston Railway Station on March 19th for uttering counterfeit coin—I searched him—I found on him a good florin and one penny in bronze—I said, "You will be charged with uttering a counterfeit half-crown"—he said, "I do not know where I got it from"—he afterwards said, "I got it from a bookmaker; I do not know his name or where he is"—I took him to Albany Street Police Station—he was charged—he made no reply to the charge when read—he was brought up at Marylebone Police Court the following day, and in accordance with the practice when there is only one uttering, discharged.
ELLEN ELLIS . I am the wife of Henry Ellis, a plumber, of 106, Pratt Street, Camden Town—I know the prisoners—I first knew Costello about February 25th, when he took a first-floor back room, which he occupied, except for three days when he went to the infirmary, till April 29th, when he was arrested—on April 22nd he brought Lindsey and said he was going to sleep with him—for that week both occupied the room—they had their own furniture—I never went into the room.
Cross-examined by Costello. A woman came with you when you took the room representing herself to be your sister—you seldom slept there—you told me you were out three nights a week at a printer's—on April 15th you said you were in bad health, and were going to the infirmary—I thought you were ill—you asked me to accept your sister and her supposed husband as tenants but they did not come—you came back in three days—you were in bad health—you agreed to pay the rent, and then you said you would stop—Lindsey slept there about a week, up to the time of the arrest—you sent him down with the rent the day before you were taken.
Re-examined. About three weeks before the arrest Costello went into the infirmary—the only person who occupied the room from February 25th till a week before the arrest was Costello, and for the last week the two prisoners—when Costello was out at nights he was at home in the day, and sometimes he went out—both prisoners were generally there during the day.
first-floor back room—I saw Lindsey in his shirt-sleeves carrying a bucket of water from the back room—I said quietly, "We are police officers"—and took him back to the room—in the room I saw Costello sitting on the bed with this file in his right hand and this counterfeit half-crown in his left, milling the coin—I took the file and the coin from his hand—he looked up and said, "I am done; I will give you every information; it is no use looking for the mould which I have made these coins with, I have broken it up to powder," pointing to coins lying on the bed I said to Lindsey, "I recognise you as having been charged and discharged at Marylebone Police Court with uttering base coin some time ago"—he said, "Yes, quite right; the coin I am charged with uttering I got from Costello; I have uttered about twenty since, those I also got from Costello"—Costello was present—I said to him. "Where is the pattern pieces you made these coins with?"—he handed me from his vest pocket two good half-crowns, one dated 1890 and the other 1895—the prisoners were taken to Pratt Street Police Station and charged—other officers subsequently searched the room.
Cross-examined by Costello. I did not say I pitied you, I said you ought to be ashamed of yourself—you said you had a letter from Hall in a statement you made at Holloway—I have since ascertained that Hall is a hardworking navvy on the South Western Railway—he was arrested in your company for uttering, and detained—when it was ascertained that he got the coin from a hairdressers shop where you had been, he was allowed to go, and you brought an accusation against him.
Cross-examined by Lindsey. I said I recognised you after some months—I might have said after three months—I had no means of tracing where you uttered the twenty coins, and you did not tell me.
HENRY FOWLER (Detective Officer). I was with Williamson and Purkiss on April 29th—I found Costello sitting on the bed with a file in one hand and a coin in the other, milling it—on the bed were a number of coins—I picked nineteen half-crowns off the bed—the coins were separate—I was about to search the bed when Costello said, "I will save you the trouble," and he put his hand between the mattress and the bed and produced this cloth—in it were five packets, each containing twenty half-crowns—twenty half-crowns is called a load—Lindsay said, referring to Costello. "I have known him eight months, but I have only been working with him here about a week"—Williamson told Lindsey that he recognised him as having been discharged on the charge of uttering bad coin—he admitted that, and said he had uttered about twenty coins all of which' he had from Costello—altogether I found fifty-six coins of 1890, fifty-eight of 1895, and five of 1901.
HARRY PURKISS (Detective Officer). I with other officers, searched this room, 106, Pratt Street—on the top of a cupboard we found this ladle containing metal, under the bed this box of articles used in the manufacture of base coin; nitrate of silver, plaster of Paris, silver sand, six clamps for holding the moulds, copper wire, brushes, file, glass, lampblack, scouring boards, polishing cloths, sandpaper, and cyanide of potassium (Produced). which were all submitted to Mr. Webster—in Lindsey's coat pocket I
found this notebook—he had taken the coat off—it contained the note, "4 lbs. of grained tin, 1 lb. antimony"—they were taken to the station.
WILLIAM JOHN WEBSTER . I am Inspector of Coin at H.M. Mint—I have large experience in examining counterfeit coin and articles used in making them—I have examined 120 half-crowns of three different dates, and consequently from three moulds—they are all counterfeit—the two good coins are pattern pieces, showing certain marks, which are reproduced on the coins—the articles produced are all parts of the stock-in-trade of a smasher, and the note refers to articles used, the antimony for giving the coin a ring when it is mixed with powder.
Costello, in his defence, said that he knew what the articles were for, but he did not and could not make the coins; that they were left at his place when he went to the infirmary, and that he was a convict on nearly a three years' licence.
Lindsey, in his defence, said that the coin he uttered was received from a bookmaker; that he did not know it was bad; that what he said in the room was because he was unnerved, but that he did not know there was counterfeit coin in the room or materials for making them till Costello said he would file one to see how they looked, and that he knew nothing of the note found in his pocket having to do with coining; that he had been costering for six or eight months up to his arrest, and had never uttered more than the coin he had been charged with uttering.
GUILTY. Four convictions for uttering counterfeit coin and one conviction for stealing a horse were proved against COSTELLO— Five years' penal servitude. LINDSEY was stated to have borne a good character till February, 1891, when he became associated with coiners. Three years' penal servitude.
424. JOSEPH BENNETT (40) PLEADED GUILTY to feloniously uttering a forged bill of exchange for £460. Fifteen months' hard labour ; and JOHN SNOW (61) to two indictments for obtaining by false pretences twenty-six and twenty-eight empty barrels, the property of the London and South Western Railway Company, having been convicted of felony at I iverpool, on July 25th, 1900, in the name of Edward Lewis. Another conviction was proved against him. Three years' penal servitude.
MR. CHARLES MATHEWS and MR. STEPHENSON Prosecuted, and MR. MOYSES
HENRY HALL . I am employed by the Daily Telegraph as a printer's boy and last autumn as a messenger—I remember a youth named Langley being discharged—a few weeks afterwards I saw the prisoner in Fleet Street near the Daily Telegraph office as I was walking with a young man named Watson, between 2 and 2.30 a.m., as I was leaving my work—the prisoner asked me for a copy of our paper—I asked him what he wanted it for—he said, "You know, I only want the tips"—I said I would see and went home—on a later morning he again asked me for
the tips—I said I would see about it—one day after that he said, "I believe a boy has been discharged from your place"—I saw him two or three times last year—I saw him this year on a Wednesday or Thursday, I think the beginning of May, about 2 or 2.10 a.m.—I was coming from Wine Office Court, a few yards from the office and on the same side of the road—he asked me whether I could get the racing tips—I said I would see—I saw him the next morning to that when Mr. Nuttall came out with me—at the second interview this year the prisoner asked me whether I could get a whole copy of the paper in case they might bowl us, or something—that means" catch"—and that they might suspect something if they saw the tips torn out—after the second interview I went into the office and spoke to somebody—I received instructions from time to time and acted upon them—I received these proofs containing racing tips from Mr. Nuttall, who advised me to take them out—I had this proof when I saw the prisoner on Tuesday, May 6th—I had three interviews with the prisoner this year, all within a week, and about a month ago—I left the office at 1.45 a.m.—the proof contained Hotspur's prophecies for the day's racing—I saw the prisoner coming round the corner from Wine Office Court—he asked me how I got on—I said, "All right"—he said, "Come down the court," that would be Wine Office Court—I said, "No, I do not want to go down the court in case some of my people should see me"—he handed me 6d.—I gave him this proof ("A ")—he put it in his pocket as far as I could see—then Detective Brown came up and spoke to me and the prisoner, and I told him what had happened—the prisoner was arrested—I saw this proof on the ground and pointed it out to the officer who took possession of it—I went with him to the station—in one of the conversations the prisoner said I was to go carefully—that was the second morning when he asked for a whole copy of the paper.
Cross-examined. I am seventeen years old—I have been employed by the Daily Telegraph about eighteen months—I work from about '(6.45 p.m. till between 2 and 2.30 a.m.—I knew the prisoner by sight—I knew he was employed by a newspaper after he asked for the tips—I have often put the paper round my shoulder on a wet morning, going home between two and three—I never came out to get tea till last year—I do not know that I had one or two papers in my pocket, we generally do, but not the day's paper—he asked me for a copy because he could see the paper in my pocket one time last year—I did not say, "I have not got one of to-day's but I can get you one"—I do not remember it—we cannot get them—I did say, "If I can get you one of the morning's papers what will you" give me for it"—he said, "Three shillings a week, sixpence a morning"—I did not say, "All right,—I will meet you down here at the corner of Shoe Lane at 3 o'clock, I will bring you one, and if there is anyone with me do not come up to me"—I said I would meet him in Fleet Street and give him the paper if I had one—I expected to go into the printer's room where I am now employed—I told him that I hoped to go into the printer's room—I got my instructions how to act from Mr. Nuttall, a sub-editor, the same morning, in this year, before I went out and met the prisoner—after the first morning I met the prisoner I told Mr. Gellatley I had a
tea case when I met the prisoner one morning—I had then no instructions—the prisoner did not say, "Go on, good luck to you," nor, "If you can get me a copy or just the tips torn out it will do for me"—he asked me to get the tips—I understood that he meant the tips in their printed form—I have seen the prisoner talking to the watchman—I did not go up and say, "Hallo"—he may have said, "Is there a chance to get a copy?"—I did not say"Yes I am going to try to get a job down in the printer's room and shall be there early in the morning," nor, "I shall not be ableto get you one to-morrow, but will meet you on Saturday morning"—he said he would always be out there—I handed him the proof folded up small—he never asked me for a printer's proof—waste copies like this one (Produced) are marked "W," and employees are allowed to take them at 5, not at 3, nor between 3 and 4 a.m.
Re-examined. I knew the prisoner was employed by some newspaper because I followed him to the Special Race Card office—I saw him go in—Langley had been discharged about three weeks when the prisoner spoke to me.
ARTHUR WILLIAM WATSON . I am a messenger employed by the Daily Telegraph—in the late autumn of last year I was with the last witness between 2 and 2.30 a.m.—he stopped to do his bootlace up—I went on—then I saw him talking to the prisoner, whom I heard say, "Can you get me a copy of the paper"—Hall said, "What do you want our paper for?"—the prisoner said, "You know, I only want the tips"—Hall said, "We will see."
Cross-examined. The prisoner did not ask for a printer's proof—this was the first time I had seen him.
JAMES BROWN (Detective. City). Early in May I received instructions to watch in Fleet Street—on May 6th I saw the prisoner about 2 a.m. standing at the bottom of Wine Office Court, and Hall the messenger stood at the door of the Daily Telegraph office—the prisoner walked towards Hall—they met a few steps from Wine Office Court—they had a conversation—I crossed Fleet Street and went to them—I saw the prisoner hand what seemed to be a coin to Hall, who handed him a slip of paper—I said I was a police officer and asked Hall what the prisoner had said—Hall replied, "He said, 'How did you get on?' I answered him 'All right'; he gave me sixpence, I have given him the proof"—I told the prisoner that he would be taken to Bridewell Police Station and charged with inciting the boy to commit a felony—I asked him for the slip, which he refused to give me—I was just about to move when Hall touched me on the arm and pointed to the pavement where this slip of paper was—I wanted the prisoner to take his hand out of his pocket—I picked the paper up—the prisoner said, "All I can say is it is a put up job"—on the way to the station Hall handed me the 6d.—at the station the prisoner was charged with inciting the lad to commit a felony—the prisoner answered, "I did not ask him to get me a proof copy. I only wanted a mail copy"—he said he was assistant publisher of the Race Card for Mr. J. C. Boyes, Wine Office Court—this is a copy of the Yellow Card or the Special Race Card which is published by Mr. Boyes.
Cross-examined. The paper I picked up was folded to about 2 1/2 by 3 1/2
inches—there was no necessity to "collar" the prisoner, I held his arm going to the station—I knew him as employed by the Special Race Card, which purports to give the tips of writers in the Sportsman, the Daily Telegraph, the Mail, the Express, Sport, and other papers—I was at the Mansion House on two occasions—the prisoner did not say,"I plead guilty to receiving it not knowing it was stolen"—I watched on the Saturday, Monday, and Tuesday mornings, but finding no card was issued on Monday,. I left.
EDGAR PEARSON NUTTALL . I am chief sub-editor of the Daily Telegraph newspaper, of which Sir Edward Lawson is one of the principal proprietors—in October last a boy named Langley was discharged for purloining proofs containing racing matter which had been handed to some agent for racing—5 a.m. is the earliest hour the Daily Telegraph is sold by retailers—the first issue of copies is at 3.10 a.m. to wholesale houses like Smith and Son, Simpkin Marshall, and so on, for dispatch by the early morning trains for the North, the understood condition being that it is not sold to the public before 5 o'clock, at which hour the retailer comes to purchase—we go to press not before 2 to 2.15 a.m.—the time varies from that to 2.45 a.m.—proofs are previously struck off to be read and corrected, which become accessible to employees—my attention had been called to the production in a periodical of matter in the Daily Telegraph connected with racing information—early in May a communication was made to me by Hall, in consequence of which I gave certain instructions, calling the police to my assistance and taking their advice—under their instructions I handed Hall this proof early on Tuesday, May 6th—Hall's communication having been made three or four days or a week previously—he acted under my directions—I am not supposed to know everything connected with the printing of the paper, but should say this copy of the Daily Telegraph marked "W" is a waste copy—if it was purchased in Fleet Street at 3 a.m. it was by some such method as this—we do not sell papers to the public—and newsagents cannot sell at 3 o'clock—these copies are rejected as waste, and are not to be sold—they belong to the proprietor.
Cross-examined. If they are obtained so early it is by irregular means—I believe the Yorkshire Daily Post, the Sheffield Telegraph, and other provincial daily papers give a list of tips—they publish a later edition—hey do not publish concurrently with ourselves—I did not follow Hall, if I was behind him I was leaving the office on my way to the Club—Langley was discharged without my knowledge by the master printer—I got to know it some days afterwards—information was given to me by Hall's immediate superior, Gellatley—the value of the paper and ink would be about 1/4 d., or nominally, but the value of the proof depends upon whose possession it got into, and Hotspur's tips would be of considerable value to publish, or publishers would not seek to obtain them.
Re-examined. I believe the Special Race Card is only published in the flat racing season.
The prisoner, in his defence on oath, said that as assistant publisher for Mr. Boyes his duty was to collect the earliest copies of the papers in the early morning, that anyone could get the DAILY TELEGRAPH at 3.15 to 3.30 a.m
and the sooner he secured his copies, for which he was allowed 2s. a morning, the sooner he finished his duties, and securing the DAILY TELEGRAPH so early enabled him to get home an hour earlier, or about 7.30 a.m.; that Hall had agreed to supply him with an early copy of the paper at 6d. a morning, but that he never asked for a proof, nor incited him to steal.
NOT GUILTY .
OLD COURT—Tuesday, June 3rd, 1902.
Before Mr. Recorder.
426. WILLIAM HENRY ANDERSON (18) PLEADED GUILTY to robbery on George Sulivan and stealing 2s. 6d. his money, having been convicted of felony at Worship Street on March 1st, 1902. Twelve months' hard labour. * The Grand Jury and the Court commended P.C. John Smith for his conduct. Twelve months' hard labour. —
MR. LOCKWOOD Prosecuted.
JOHN SCOTT . I live at Herger Road, Wealdstone—the prisoner is my son—on the night of May 3rd I was in Herger Road—I suppose I was with my son, but I cannot remember, I cannot remember anything that happened—I got my hand cut and my eyes blackened—I am a labourer—I sometimes get drunk when I am with my son.
GEORGE FITZGIBBONS . I live at 11, Herger Road—about 11.15 p.m., on March 3rd, I was in my house—I heard a row outside—I went out—I saw the prosecutor and his son in a heap inside the gate—I tried to separate them—I took the prisoner upstairs and put him in his room—I afterward fetched the prosecutor up—he had the index finger on his left hand cut, and a cut on his left eye—I do not know how they were caused—neither the prosecutor nor his son were drunk, but they had had some drink—the son was the worst of the two—I sent a man for a doctor.
ERNEST JAMES BERESTER . I am a medical practitioner—about 11.45 p.m. on May 3rd I was summoned to 9, Herger Road—I saw the prosecutor and the prisoner—the prosecutor had been drinking, but not to such an extent as not to know what he was doing—he had an incised wound on his left index finger and a punctured wound on the thumb of the left hand, two contused eyes, and an abrasion on the back of the right hand—the wounds on the hand I should say were probably caused by a knife, the most serious wound was the one on the finger, it went down to the bone—it has healed now.
CHARLES DABER . On May 3rd, between 11 and 11.30, p.m. I was in Mason Avenue—I went into Herger Road and saw the prosecutor and the prisoner struggling and Fitz Gibbons pulling the prisoner off the prosecutor—I did not notice that the prosecutor was hurt until after the prisoner was put to bed—they were both intoxicated—the son was the worst of the two
—I knew them both well before this—they live together, the son works for the Wealdstone County Council—he is a peaceable man—I have never seen him like this before.
JOHN COX (81 X) On May 3rd, about 12 p.m., I was on the London and North Western railway bridge at Wealdstone, in the parish of Harrow—I went to 9, Herger Road—I saw a doctor there—the prosecutor was lying on the bed bleeding—the prisoner was sitting in a chair—the prosecutor had been drinking—I asked him who had cut him—he said, "My son must have done it, no one else could"—I asked the prisoner if he had got a knife—he said he had got one—I asked him to produce it—he failed to do so—I asked him to describe it—he said it was a white-handled knife with two blades, one broken—I had found this knife before I went in (Produced)—it answers that description—I told him he must come with me to the station, and I showed him the knife at the station—he identified it as his property—the prosecutor came to the station—he said he did not want to charge his son, and that they had had a scuffle on the ground, and that is how it had happened—he did not say how the quarrel arose—I saw them about fifteen minutes before and they went off the railway bridge arm-in-arm—there is the Station Hotel there—the prisoner did not appear to be drunk, he walked all the way to the station without' my putting my hand on him.
The Prisoners Defence. I have nothing to say, I know nothing about it; this is the first quarrel we have ever had: I have no witnesses to call.
GUILTY of unlawfully wounding. Recommended to mercy by the Jury Discharged.
MR. INMAN prosecuted.
FREDERICK CURRY (H 64.) I was in Great Prescott Street on May 5th about 4.30 p.m.—I saw the two prisoners and two or three others not in custody going along the street in company with the prosecutor who was drunk—my suspicions were aroused, and I followed them—they went about thirty yards—they got the prosecutor down—Exley got hold of him by the throat with his left hand and Stevens put his left hand into his left coat pocket—I ran up to them and caught hold of Exley and another man who slipped his muffler and got away—I shouted out and a railway constable stopped Stevens—I took them to the station where they were charged—they made no reply—I ascertained the prosecutor's name—he has gone to sea—the magistrate did not bind him over.
By the COURT. I have seen Stevens before.
ARTHUR KING . I am a railway constable in the service of the Great Eastern Railway—I was on duty at the goods depot in Great Prescott Street on May 5th about 4.30 p.m.—I saw the prosecutor and five others come down from the Minories and go through Goodman's Yard—I had suspicions about them—I told the last witness about them—he got behind some vans—I watched them from the other side of the road—the prisoners knocked the prosecutor down and the five men all got round him—the
last witness caught hold of Stevens, who got away and ran towards me—I caught him and took him to the station.
Cross-examined by Stevens. I do not know if you have three stitches in your leg, they did not prevent your running.
Exley, in his defence, said that he met Stevens who was very lame; that they met the prosecutor and the other men, who were having a row; that they went into Great Prescott Street; that there was a fight between the prosecutor and the other men; that as he and Stevens were helping the prosecutor up they were arrested.
Stevens' Defence. I am innocent of the robbery, I had got a wound in my leg.
By the JURY. Both the prisoners had their hands in the prosecutor's pockets—I tried to take both of the prisoners, but some one knocked my helmet over my eyes so that I could not see.
STEVENS† then PLEADED GUILTY to a conviction of felony at Thames Police Court on January 6th. 1902, and four other convictions were proved against him. Five years' penal servitude. EXLEY— Twenty months' hard labour.
THIRD COURT.—Tuesday, June 3rd, 1902.
Before J. A. Rentoul, Esq., K.C.
MR. MORROW Prosecuted.
WILLIAM CLARKE . I am employed by Mr. Nelson, wharfinger, at Fresh Wharf, London Bridge—I know Tanner—on May 8th I saw him taking boxes of lemons through the gateway, and I asked him where he was going—he said he was going round the trade—I heard next day that they belonged to Isaacs and Sons, Ltd.—I saw him put three boxes on a barrow—I did not see the barrow go away.
Cross-examined by Tanner. If I knew anyone carrying boxes and they gave a proper answer I would let them through.
Cross-examined by Smith. I know nothing about you.
ARTHUR SILVERTON (104 M.) On May 8th I was on duty at Snowfields, Bermondsey, and saw Smith with three others wheeling a barrow containing four boxes of lemons—I followed, and they stopped outside No. 51, Snowfields, and one of them carried three of the boxes in to the house—a woman came to the door and said to Smith, "I will not have them in here," and one of the men went into the house and brought one out and placed it on the burrow—Smith then wheeled the barrow away—I stopped him and asked him to account for the possession of the lemons—he said, "I bought them at a sale in the City to-day"'—I told him that statement did not satisfy me and asked him to come to the station—he
said, "All right, I will"—when half-way there he threw up the handles of the barrow and made off—I followed and caught him in Bermondsey Street about 500 yards off—he struggled violently, and tried to get away—I took him to the station where he was charged with the unlawful possession of four cases of lemons—he then said, "I bought those four cases of lemons off a man in the Borough for 8s.; I do not know the man."
Cross-examined by Smith. You did not carry any of the boxes into the house—you did not leave the barrow—you sat on the handles outside the house.
By the COURT. I said at the Police Court that from Tanner's general appearance I believed he was one of the men there, but I could not swear to it.
By the COURT. I did not see them take away the lemons.
JAMES PULLE (Detective M.) At the station Smith was asked if he could satisfactorily account for the possession of the lemons, and he said, "I met a man in the Borough and he asked me to buy them, he said,' You can have them cheap,' so I bought them for 8s."—he was then asked to give the name of the man for reference, and he said, "Believe me, sir, these things do not belong to me at all, they were brought on my barrow"—he was then charged with being in the unlawful possession of the property—inquiries were subsequently made and on the 9th Thomas Lankham identified the property at Bermondsey Police Station as that of Isaacs and, Sons, Ltd., stolen from Fresh Wharf on the 8th—Tanner was arrested on the 12th, and on the 16th Smith was asked to be discharged at South-wark Police Court, and he was re-arrested on the present charge.
Cross-examined by Smith. The barrow did belong to you—you had it on hire.
JAMES EDMUND BROOKE . I am warehouse manager to Messrs. Isaacs—I identified the four cases of lemons in question as their property—value £2—they were unloaded at Fresh Wharf ex "Gilimot" on May 8th—neither of the prisoners had any right to them.
Evidence for Smith.
MARY SMITH . I am Smith's wife—he went out on May 8th at 8.30a.m, and returned home the worse for drink at about 7 p.m.—I asked him if I should turn his barrow over—he said, "No, someone had taken it"—he went out again between 8 and 9 p.m.—about 12 p.m. that night Tanner came to me and said, "Mrs. Smith, Harry is locked up"—I said, "What for?"—he said, "I took his—barrow away and put four cases of lemons on it, and took it to my mother's place to unload, when he came up to take his barrow away again, and got locked up."
Cross-examined by MR. MORROW. We live close to Snowfields.
Cross-examined by Tanner. You did tell me what I have stated.
Tanner, in his defence, denied having said what Mrs. Smith had stated.
Smith, in his defence, said that he was entitled to a" TRUE BILL," and that the case had not been made out.
GUILTY . SMITH then
PLEADED GUILTY to a conviction of felony at the South London Sessions on December 11th, 1894, after previous convictions of felony. Twelve months' hard labour. TANNER, Two months' hard labour.
431. CHARLES HENRI (36) (a soldier) Pleaded Guilty to forging and uttering an order for the payment of £10: also to forging and uttering an order for the payment of £2, in each case with intent to defraud; also to stealing and receiving a cheque-book the property of Ernest Nether-cote Hayes: also to forging and uttering an order for the payment of £5 with intent to defraud; also to obtaining £5 from Henry William Massey, and obtaining other moneys from other persons by false pretences with intent to defraud. Eighteen months' hard labour and
(432) ARTHUR SMITH (21) , to unlawfully converting to his own use and benefit £10s. 9d., received by him on account of Edward John Cooper and another, his masters. [Pleaded guilty. See original trial image.] Judgment respited.
MR. OSWALD Prosecuted; MR. BURNIE Defended.
NOT GUILTY .
MR. FLEMING Prosecuted.
MR. MUIR, as amicus curice, submitted that there was no evidence of concealment of birth, to which the Court agreed.
MR. FLEMING offered no evidence, the prisoner withdrew her plea, and the Jury found a verdict of
NOT GUILTY .
OLD COURT.—Wednesday, June 4th, 1902.
Before Mr. Justice Grantham.
MR. BODKIN Prosecuted.
JULIUS MARKS . Last May I lived at 65, Woodstock Road, Finsbury Park—I am a commission agent—and have lived with the prisoner for the past nine years—about nine years ago a boy was born—we called him John Henry—we were called Mr. and Mrs. Marks—we lived happily together—the prisoner's name is Jones—a month before the boy was born the prisoner's people turned her out of doors, and I had her on my hands—it was difficult for me to find shelter for her, and the only thing we could do was to live together as man and wife, which we did—I have taken good care of her since—she did not speak of marriage before the boy was born—she
has since—she has not mentioned it for five or six years—I did not definitely decline to marry her—I said I always intended to take care of her, and I always did—I considered we should live happier this way than if I married her—I could not introduce her as my wife to my friends because of her education—she was fond of the boy, and so wag I—he used to go to the school opposite our house—I have been out of health for a considerable time—during the last year the prisoner has been very depressed and got worse gradually—her memory seemed to be getting defective, and she became very silent and sullen—she has suffered from rheumatism for three or four months and sleeplessness—we lived very well as regards food—I gave her money to keep the house—on May 7th I went to my employment between 9 and 10 a.m., leaving her at home—I think the boy went to school before I left—I did not notice anything about the prisoner except that she was very quiet—we kissed ourselves before I left, and that is all that was said—I returned between 7.15 and 7.30—I went downstairs—a little while afterwards a police inspector came in and I went upstairs into the bedroom with him and found the boy lying on the bed dead.
ALICE WEBB . I am the daughter of Mrs. Webb, the landlady of 65, Woodstock Road—Mr. and Mrs. Marks and the little boy used to lodge with us—the prisoner has been very gloomy and depressed for the last four or five months—she said she had rheumatism and sciatica—she always seemed to be very fond of the deceased—I saw him in the middle of the day on May 7th, when he came back from school—he went back to school again—I went out about 4.30, leaving the prisoner alone in the house—I returned about 6.30, and met the prisoner at the front door—she left me, saying she would be back in about five minutes.
WILLIAM MOUNTEFIELD (Inspector Y.) About 8 p.m., on May 7th, the prisoner came to Hornsey Road police station and made a statement to me—she said, "About 6 p.m. I strangled my little boy aged nine years, by tying a piece of cord round his neck; I have been to Islington police station, and they told me to come to Hornsey police station"—I asked her where the boy was, and she said, "On his bed upstairs"—I went with a detective to the house at Woodstock Road—I found the body of the deceased lying on a chair bedstead, partially covered with a counterpane, and a piece of cord tied eight times round his neck—I cut it with my pocket-knife—a doctor was sent for, but the boy was found to be dead—the prisoner seemed very quiet and peculiar about her eyes—she was left during the night under the charge of the matron.
SUSAN ORGOOD . I am the matron at the Hornsey Road police station—I was in charge of the prisoner during the night of May 7th—she made a statement to me which I wrote down—she said, "For the past week I have suffered with my head and felt very depressed, when my little boy came home from school he asked for his tea as he said he was very hungry; I gave him the meal, but before he finished I asked him to go upstairs as I wanted to measure him for a new suit; I asked him to sit on the bed as I could do it better; I then put a piece of cord around his neck with the intention of measuring him, then he said, 'Mamma you are choking me'; I then pulled the cord as tight as I could; I must have been mad,
for I remember no more; shortly after I felt him and found he was very cold; I was frightened and put on my clothes and left the house and went to Upper Street police station and asked if Woodstock Road, Finsbury Park, was in that district, he replied 'Hornsey Road police station, I did not give my reason for asking"—she said she was very worried because Mr. Mark would not marry her, and she feared he might leave her, and she had not a friend in the world.
FREDERICK BUTTERS (Detective Y.) On May 8th I was at Hornsey Road police station—I took charge of the prisoner while the matron was away for a short time—she said to me, "Did you see my boy,"I said—she said, "Mr. Marks is the father of my boy, he seduced me when I was nineteen, and promised to marry me; I have lived with him this past nine years as his wife; he is much older than me; him not marrying me has worried me of late; I have known for months it would come to this, I have been so worried about Mr. Marks being ill, I was afraid ve should be turned out into the street and not a friend to go to in world."
MICHAEL JOSEPH BULGER . I am divisional surgeon of police; I saw he body of the deceased on the evening of May 7th; he had died from strangulation—there were marks on his neck of a cord having been tied tightly round it.
JAMES SCOTT . I am medical officer at His Majesty's prison at Holloway—I have had the prisoner under my observation since May 8th—when she was first admitted she seemed very depressed, that depression ha continued—I have had several conversations with her—I think the cause of her depression is the long mental strain and worry on account of he position and dread as to what might happen to her and her son, aggravated by the recent illness of herself and Mr. Marks—I think she may have suffered from rheumatism and sciatica—she said she had been unable sleep, and that would affect her mind very much—she appeared to be very fond of the deceased—she said she felt so miserable that she thought the best way would be to end her life, that she could not leave the boy behind her so she took his life, but that her courage failed her, so she did not strangle herself as she had intended—I believe she has been suffering from melancholia, for some time—I do not think she could distinguish between right and wrong properly on May 7th—she is suffering from melancholia at present—I have had reports about her put before me—her mother was in Colney Hatch, I believe, from depression.
GUILTY but insane at the time. The jury were of opinion that Marks deserved censure. Detained during His Majesty's pleasure.
MR. ARTHUR HUTTON, for the prosecution, offered no evidence.
NOT GUILTY .
MR. BODKIN and MR. KERSHAW Prosecuted; MR. PURCELL Defended. JAMES HAWKINS (325 H.) About 4.30 a.m., on May 22nd, I was on duty in Hanbury Street—I went towards the Leighhoy public-house—I saw the prisoner with two men named Fitzwater and Morrissy—Wilson got on Morrissy's shoulders and looked through the fanlight of the public-house—I watched round a corner—the prisoner was trying the fanlight—on seeing me he got off Morrissy's shoulders, and they all walked away—I went up to the prisoner and asked him what he was doing at the fanlight; he said he was trying to get a drink—I walked along with them waiting for assistance of other officers, so that we could arrest all three—we went up Great Garden Street, which is about 300 yards from the public-house—I saw P.C. Lewis in Great Garden Street—Wilson drew a revolver from his pocket and deliberately fired at me, saying, "You wont follow us any further you f"—I was about six yords from him—he a med at my face, but I drew back, and the bullet struck me in the chest—I was wearing my overcoat (Produced)—it struck me at about the third button, the mark is here now—it has not gone right through—the cloth is very stout here—after Wilson had fired, he and the other men ran away—ran after them with Lewis—I did not see Clay—I saw Wilson taken into custody—I did not help to take him to the station.
Cross-examined. I walked with the men for about five or ten minutes—I was walking and talking with them—they all seemed perfectly sober—the revolver was drawn, aimed, and fired very quickly—by the time I had recovered myself the prisoner had got about forty yards away—I said before the magistrate that the prisoner had said, "You won't follow me any further"—I do not know that I said he deliberately fired at me when I was before the magistrate—this (Produced) is the revolver.
By the COURT. The prisoner may have said, "You won't follow us any further" to the other constable who we met as well as to me—he did not fire at the other constable when he fired at me—at the station he said, "You may as well shoot me now and kill me, and done with it, and send me back to that hole"—I put that down in my own book—this is it (Produced).
By MR. PURCELL. There was a good deal of necessary violence used to take the prisoner to the station, but not by me.
By the COURT. This is the bullet which was extracted from my coat at the station.
HENRY LEWIS (332 H.) In the early morning of May 22nd I was on duty in Hanbury Street—I saw Hawkins following the prisoner and two other men—he called upon me to stop the man in the Trilby hat—that was the prisoner—I had not heard any noise before that—the prisoner was running towards me then—I ran after him, through Lombard Street—he went through Speller Street—I caught sight of him again, and we went along Albert Street—I called out to some private person there to stop him—the prisoner took a pistol from his right-hand pocket, and fired at him—I could not see whether he was hit—I have not seen the person since—I think he ran away, he did not fall—I continued after Wilson—I saw Constable Clay—I called out to him to stop the prisoner, who took out the pistol, presented it at Clay's head and fired—he still ran on—I turned
and doubled back through Albert Street and caught him up—he then stopped, put his pistol in a line with my face, and said, "If you touch me 1 will shoot you stone dead"—he fired, and the bullet struck me below my left breast and above my belt—it went into my coat and then fell out—the prisoner turned round to run away—I drew my truncheon and struck him across the shoulders with it—he fell down—I went to catch hold of him, and he kicked me in the stomach—I hit him again with my truncheon—I went for his body, but he was struggling, and I hit him on his forehead—that is the place which is plastered now—the revolver was in his right hand—he attempted to use it again, but I struck him on the head again, and prevented him from doing so—another constable came up, and we secured the prisoner, and took him to the station—he started going all right, but when we got near the station he became very violent and tripped us both up, and we all three fell down—the revolver was picked up in the road where I had struck him—I did not feel the impact of the bullet when it struck me.
Cross-examined. I have been in the force about four years, and have often given evidence before magistrates—I said before the magistrate that the pistol was aimed at Clay's head—I did not hear the prisoner say anything to Hawkins and I do not think Hawkins was near enough to hear what the prisoner said to me—my first blow struck the prisoner on his shoulders—the second and third blows struck him on his, head—he was in an excited condition at the station—when he tripped us up two more constables helped us to get him on his feet, and then they left us.
GEORGE CLAY (472 H.) I was on duty in the early morning of May 22nd—I saw the prisoner running towards me followed by Lewis and Macfanchen—I tried to stop him—he put his hand into his right-hand coat pocket, pulled out a revolver, turned round, and fired at my head—he was about five yards from me—I put my left hand up to save my face—the bullet entered my hand just below the fleshy part of the little finger—it has not been taken out that I know of—I ran after the prisoner blowing my whistle I did not help to take him to the station—I walked up behind—I could not use my hand—I have been off duty since.
Cross-examined. The prisoner had got nothing in his hand when I first saw him, and he took the revolver out of his pocket as he was running—it was the work of an instant.
HEWITT OLIVER . I am divisional surgeon at 2, Kingsland Road—I attended to Clay on May 22nd—he had a lacerated wound below the little finger of the left hand—I think it was a bullet wound—there is some doubt as to whether it is still in his hand or not—I think it is there now but it was thought not desirable to disturb it as the tissues are lacerated—he is., off duty still.
Cross-examined. The presence of the bullet could be ascertained by the X rays—that has not been thought necessary.
By the COURT. He will probably be off duty for another month—it was a serious wound—I believe the bullet struck against the bone—if ho had not put up his hand, and it had struck his eye, it might have killed him, and would have certainly destroyed his sight.
ROBERT MACFANCHEN (339 H.) On May 22nd, about 5 a.m., I was in Hanbury Street—I saw the prisoner running towards me, followed by Hawkins—I went towards the prisoner—he turned back and ran through Hanbury Street—I ran through Lever Street—at the corner of Underwood Street, Clay crossed Buxton Street, and tried to stop him—the prisoner turned round, stood and levelled a revolver at Clay's head and fired—he then ran through Underwood Street and Albert Street—I afterwards saw him in the custody of Lewis, and I assisted to take him to the station—he went quietly till within 200 yards of the station, where he became very violent, and threw us both to the ground.
Cross-examined. I had to use my truncheon—I struck him on the arms and legs with it—I told the magistrate that the prisoner leveled the revolver and fired it at the constable's head—it was all done very quickly.
JACOB PRICE . I am a baker, and live at 122, Brick Lane—about 5 a.m. on May 22nd I was in my shop, and heard a police-whistle blowing—I went into Pellam Street—I saw Hawkins, and then I saw the prisoner who was pointing a revolver at a private individual—I shouted out, "Stop thief!"—after the prisoner had fired at the private individual he ran away—a policeman followed him, and he pointed the revolver at the policeman and fired—I do not know what part he aimed at—the policeman put his hand in front of his face—the prisoner still ran on, and was stopped by a couple of policemen.
Cross-examined. I went to the police-court—I was not called as a witness—there were two other persons in the street—they did not go to the police-court—I made a statement to Sergeant Wensley—I called out to the private persons, "Stop the murderer"—I was a trifle excited.
FREDERICK WENSLEY (Sergeant, H.) On May 22nd I was at the police-court when the prisoner was brought there—he said to Inspector Divall, "I wish the revolver had been bigger; I would have shot them stone dead; when I come out I will make no mistake; I will kill the b—lot of them"—that was just after he had been charged with shooting at the officers.
Cross-examined. He was a little bit hurt when he said that.
JOHN NORMAN (Inspector, H.) On May 22nd I went to the Leighhov public-house about 5.15 a.m.—I examined the premises—on the side door in Queen Street I found finger-marks on the lentil of the fanlight, and on the glass I found marks of a man's hand—on the finger-plate I found scratches which might have been caused by the toe of a boot—the scratches on the fanlight could not have been made by a man standing on the pavement it was too high—I had to be lifted up myself—the prisoner was searched in my presence—in his left vest pocket four loaded cartridges were found (Produced)—a small piece of candle was taken from his ticket-pocket, and a box containing a few matches—I examined the revolver which was handed to me by a policeman—it was loaded in six chambers—four of the cartridges had been discharged, and two were still loaded—the fanlight could have been forced very it is only supported by two small pieces of beading.
Cross-examined. I should say this revolver could not be bought at a toy shop for 2s. or 3s.—it is a well-finished article.
The prisoner's statement before the magistrates: "There was not sufficient strength in the bullets to go through clothes, the revolver should be tested."
GUILTY of shooting with intent to disable and to resist his lawful apprehension. He then
PLEADED GUILTY to a conviction of felony at the Middlesex Quarter Sessions on November 27th, 1897. (See page 678.)
NEW COURT.—Wednesday, Jane 4th, 1902.
Before Mr. Recorder.
438. ADOLPHE FALLER (25) and MATHILDE WENDER (29) , Stealing two diamond rings and other property belonging to Paul Peters in his dwelling house, and by menaces and threats putting him in bodily fear. Second count; Robbery on Paul Peters with violence.
MR. JOHN O'CONNOR Prosecuted.
The evidence was interpreted to the prisoners.
PAUL PETERS . I live at 15, High Road, Tottenham—Faller lodged with me as a friend for eight months, and Wender as my housekeeper for six months—I am a chemist—I gave them notice to leave because several inconveniences had occurred—the notice would expire on May 28th—on May 18th, about 4 a.m., I woke up through a fearful pain at my throat—I found Faller on my chest trying to throttle me, and Wender at the foot of the bed holding my feet fast—Faller continued to throttle me and my feet were ultimately tied—after that they tied my hands—this is a part of the cord, I could not find the other part—Faller said if I cried for help he would shoot a bullet into my head with this revolver, which he went to fetch—it belongs to him—they took these two diamond rings to the value of £40 together, from under my pillow—I kept them there because before Christmas my house was broken into several times—they also took my purse, my cheque book, and my keys (Produced), and £2 in gold, and some silver—my purse was in the pocket of my trousers which were on a chair—I was tied up in this manner from about 4.30 till 9.30 or 10 a.m.—I tried to get free—only we three persons lived in the house—at 9.30 the man left the room for a little while, and I broke a pane of glass in the window and cried for help—the window faces the street—when the woman heard the noise she shouted to the man to come back, and he came back—she told him not to let me free under any circumstances—they said I should transfer everything I had to them—the man spoke—they wanted mo to sign these papers—I refused as long as I could in the hope that my friend would come to look for me—I was lying all the time in the bed in my night shirt—the man said if I signed the papers quickly I could go—he produced these four papers—I signed each of them "Paul Peters" about 9.40 a.m. in consequence of menaces and threats—they arc in German—this is a translation: A. "Herewith I declare that I, of my own free will, left Mr.
A. Faller and I shall undertake no steps which should be to his detriment.' B. "Herewith I declare that all furniture, utensils, and objects, etc. belong to Mr. Adolphe Faller as his own property, and I have not the slightest claim on them."C. "Herewith Dr. Peters in London owes to Mr. A. Faller 3,000 marks, and the same is payable at call, London, May 17th, 1902;" and D. "Herewith I declare that the agreement of Miss Emery is transferred to Mr. A. Faller, and I hereby revoke all my rights"—I had no shop—I am an experimental working chemist—they talked all the time about what they would do—the man had not courage, but the woman inspired him—when I had signed, the man untied the cords, while the woman said he should not do it, he should not set me loose—when I was loosed I dressed and left the house—I wanted to go straight to the police station, but the man followed me and threatened—he said, "If you create any unpleasantness I will put a bullet into your head"—he said that in the house—outside he did not speak to me—I walked as fast as I could to get away from him—I went to the railway station, but it was closed—then I went back and jumped on a tram—then he lost sight of me—I rode to the corner of the road and walked to the police station and made a complaint about twelve o'clock—it was Sunday—I saw a policeman and afterwards an inspector—they accompanied me to my house—I gave the prisoners into custody at once—I had previously spoken to them about their immorality—on May 17th, at tea time, my tea tasted horribly, and I could not drink it—I told the woman that from what she had done to the tea it could not be drunk.
Cross-examined by Faller. I am a chemist—I hired the house on an agreement, I did not purchase it—(The agreement of September 7th, 1901, was produced, and was for three years from September 30th, 1901, also receipts for rent and demands for inhabited house duty)—I paid the rent and housekeeping out of my own money—I have private property—I inherited 70,000 marks from my parents, besides other property I have—I paid for my trip to German, at the end of January last, out of my own money—I gave you an obligation for your brother for 3,000 marks—I have the deed—I owe you nothing besides—I never received money from you—I bought one diamond ring from Williams, of Wardour Street, the other I accepted from a friend for payment of money I had advanced to him—when I was in Germany I was short of money and I pawned the ring—I redeemed it with my own money—I owe you no money—I am not backward in payment of my rent—the receipts are there.
HENRY ANDREWS (Inspector M.) On May 18th I saw Peters at St Ann's Road police station about 1.30—from what he told me I went with him to 15. High Road, Tottenham—I saw the prisoners in the kitchen—I told them that Dr. Peters had accused them of stealing his rings and money and that they would be arrested—Faller said, "They are not his rings they are mine," and he produced one of the rings from his trousers pocket—Wender said something in German I could not understand—I took Faller to the station where he produced the other ring and £2 7s. 6d., this cheque book, pass book, and the documents produced, from his breast pocket—there are two books and four documents written in German and signed
by Paul Peters—the prosecutor showed me his wrist and ankles on which were slight abrasions as if they had been tied with cords.
CHARLES DIXON (Detective M) On May 18th I saw the prosecutor about 3 p.m. at St. Ann's Road police station—from what he said I asked Faller if he had a revolver in his pocket—he said, "No it is at the house in a drawer"—I accompanied the prosecutor to 15, High Road, Tottenham, and searched—in the hall umbrella stand I found this revolver—it was then loaded in the six chambers—in a trunk "which the prosecutor told me belonged to him I found this box containing cartridges, which I understood were in the house owing to burglaries—in the kitchen Peters said that Wender had assisted Faller to throw him down and steal his gold rings and money in the bedroom that morning—Wender said in English, "That is a lie, I did not tie him; the things belonged to Mr. Faller"—I took her to the station—she was charged with Faller—she wanted to make out that all the things belonged to him and that Peters had called her dirty names; that he had been complaining of both of them; that he was jealous of Faller, and that Peters had tied himself—she repeated that several times.
Faller, in his defence on oath, said that the prosecutor was not a chemist, that the house, money, and everything belonged to him but one ring, which he had redeemed for him and therefore that was his; that the prosecutor owed him money and was jealous of him, and that he lost his temper and seized the prosecutor, being excited. Wender, also on oath, said that she knew nothing about the tieing until she heard the window broken, and that the prosecutor had a grudge against her because she would not yield to his solicitations to immorality which Faller had never done, and that both were nothing more to her than employer and companion in the house; but that she continued to stop in the house because the prosecutor promised to set her up in a boarding-house.
GUILTY . The jury strongly recommended Wender to mercy. RESPITED.
WILLIAM ALFRED MATHAMS . I live at 9, Saver Street, Southwark, and I am a clerk to Messrs. Donaldson, carmen, of Crutched Friars—Perrin was employed by us, and on May 1st he was sent to the docks to get some chests of tea—he had eleven chests, two or three more were not there—he was to bring three to Crutched Friars—he carried two into the yard, and called out three by their numbers, 1012, 1013, and another number I do not remember—1012 he did not bring up—later in the day I asked him what had become of the other chest of tea—he said ho had brought it up—I looked for it—it was not on the premises—no one else had been on the premises since he brought the tea—the value of the chest of tea was £7—he had a light brown van with a number painted in white.
a delivery foreman at the Colonial Wharf, Wapping—I delivered to Perrin, in accordance with this delivery note, four chests of tea—one was No. 1012—he took them away in his van—I produced a sample of the tea at the police court, and at a subsequent date identified these wood, iron band, and lead as similar to that of the chests.
WILLIAM HART . I live at 39, Paragon Mansions—I am 16 years old and I am a van boy at Donaldson's—on Thursday, May 1st, Perrin brought three chests of tea to Donaldson's yard in a van about 12.30—he took two in and kept the other on the van—he said he could do with a chest—he drove the van away with the tea in it.
JAMES PANTON . I live at 35, Beechholme Road, Upper Clapton, and I am a clerk employed by Brown and Eagle, of Gower's Walk, about ten or fifteen minutes' walk from Crutched Friars—on May 1st, about 1.40, I saw Perrin sitting on the raised part at the end of a van, which was chocolate colour—a chest of tea was in the van—a barrow was backed on to the tail of the van by Hill and Henry Delafuente—Perrin assisted to throw the chest of tea off the van into the barrow—the other two covered it and took it up Cherry Tree Court—there is a way through, but not for a barrow—Perrin drove rapidly away with his empty van—I spoke to Constable Roberts, and to our chief clerk—Abraham Delafuente was standing at the entrance to the court as they pushed the barrow through—the next day I identified the Delafuentes and Perrin at Lemon Street police station, and Hill on May 5th, after touching one man by mistake—the van was No. 42, and its colour chocolate.
Cross-examined by Hill. Sergeant Wensley did not say"Have another go."
THOMAS GRIFFITHS . I live at 2, Artillery Street, Bethnal Green, and I am a carman for Donaldson's—on May 1st I was in Gower's Walk about 12.30—I saw Hill and Henry Delafuente wheeling an empty barrow in Gower's Walk—they came back with a packet on it, and wheeled it into a shed on the left-hand side of a court—a constable went up the court, and about ten or twelve minutes afterwards Henry Delafuente came down the court with Hill wheeling the barrow with a bag and a half tied up, and went down Gower's Walk—the constable came down the street about ten minutes afterwards.
BERTRANT ROBERTS (474 H). On May 1st Panton spoke to me about 1 o'clock in Gower's Walk—I went to Cherry Tree Court—I saw Henry and Abraham Delafuente in the latters wood-chopping yard on the left of the court—I asked Abraham if he had seen anything come up the court on a barrow—he said, "No, but if it has it has gone through the boozer," meaning the Cherry Tree Court public-house—the court has an entrance in Gower's Walk, but the principal entrance is in Backchurch Lane—I asked Abraham which way he could get through the public-house, and he took me through into Backchurch Lane—in Abraham's hearing I asked the landlady if she had seen anything go through, and she said "No"—I returned in about ten minutes through the lane into the court, and entered Abrahams' shed—I saw a large fire, and wood burning similar to that of the tea-chest—I again spoke to Panton and took him to the station—I
saw Henry again when I came on duty at 6.30 the same day—he was arrested on May 2nd.
Cross-examined by Abraham. I did not come back in three minutes and search your shed—five or six minutes elapsed between the witness speaking to me and my questioning you, and ten minutes before I went up the court a second time.
ALICE DALBY . I am a widow, and keep the Cherry Tree public-house, 111, Backchurch Lane—it backs on to Cherry Tree Court, which leads into Gower's Walk by a side passage, the front part of which is wide enough for a cart, but there is an iron bar and steps to go down—I know Abraham, who keeps the shed in the court, he is a wood-chopper—no chest of tea came through my premises between 12 and 1.30 on May 1st—the constable spoke to me and Abraham.
Cross-examined by Abraham. You asked me if a chest of tea had come through, not the constable.
JOHN GILL (Detective H.) On May 2nd I went with Wensley and saw Henry Delafuente in Cherry Tree Court about 10 a.m.—Wensley said, "We are going to take you into custody on suspicion of being concerned with others in stealing and receiving a chest of tea yesterday"—he replied, "I know there was a chest of tea brought here, but I was not here, I can prove I was at my father's place, but Abraham brought a pound of tea, and the tea lying about dropped from his pocket"—about a pound of tea was scattered about the floor—he was taken into custody—the shed was left in charge of other officers—I returned to the shed about 12 o'clock—I said to Abraham, "You will be taken into custody for being concerned with others in stealing a chest of tea yesterday"—he replied, "All right, you have got to prove it; a policeman came here, and I took him down the court to find it," and that he had some tea in his overcoat pocket, which fell to the floor—later, on examining the fireplace and getting these pieces out, he said, "This is my shed, I pay 8s. a week for it, the tea has gone, we have done you with all your b—cleverness, do what you like"—I examined his overcoat pocket—I saw no sign of tea or dust—I have examined the court—it would be difficult to get a chest of tea out through the passage—the chest could be broken up in a few minutes and the tea carried away if the bags were ready to put the tea in.
CHARLEY SMITH (Detective Officer H.) I was in Phillip Street on May 1st about 1.10 p.m., and about two minutes' walk from Cherry Tree Court and the shed belonging to Delafuente's father—I saw Henry go into his father's house, and afterwards come out—the court is at right angles with Gower's Walk, and Backchurch Lane runs at the other end parallel with Gower's Walk—a person going through must pass through the public-house—before you get to the public-house there is a passage and four or five steps, and there is a big van and a coffee stall there and wooden gates—the passage belongs to the public-house—I have measured the door—it is impossible to get a, chest of tea through it—no one could pass without being seen—the chest of tea would take about two minutes to break up—there are big hammers, pieces of iron, chopping instruments and all sorts of things in the shed—I searched for a coster's barrow, but found none.
FREDERICK WENSLEY (Detective Officer H.) I was with Gill and arrested Henry Delafuente—I told him the charge—he said, "I know there was a chest of tea brought in; I was not here I can prove I was in my father's house; A. B. bought a pound of tea, and the tea you see lying about the floor dropped from his pocket"—tea was lying all over the floor, and he saw me looking at it—I raked up about 1 1/2 lbs. or 2 lbs.—later the same day I arrested Perrin at his employer's address—I told him the charge—he replied, "I left three chests at crutched friars, and know nothing about it; I never left my van all day long"—I arrested hill on may 5th—he said, "I am not working for delafuente now; I was there, but I did not have anything to do with it—I examined Abraham's shed—I picked up in the fire-place and produced at the police court these pieces of melted lead that go inside a tea chest and the wood and the iron banding which is used to bind the chests—they have been burned—there was a largish fire in a large grate, capable of holding a hundredweight of wood—i searched for coal, but found none.
Cross-examined by Abraham. I tried to sift it—there was considerable more tea than dust.
Perrin's defence was that he knew nothing about it. Abraham Delafuente's defence was that he was too busy at work to notice what was going on in the court, and there were three ways into it. Henry Delafuente's defence was that he was innocent, that he was at his father's place about 12.40, after looking for work, and could get a good character. Hill's defence was that he worked on the 'right-hand side of the same court, and waited for a load of wood, and that was all he had on his barrow.
Witness for Hill.
PETER HEVERT . I am a woodchopper in Backchurch Lane—I know Hill—on May 1st he came to work at 8 o'clock—he worked till twelve, then went to dinner, and was back again at 1.30—my workplace is in Cherry Tree Court—between 12 and 1.3 I was at my dinner up stairs.
ABRAHAM DELAFUENTE and PERRIN then PLEADED GUILTY to previous convictions of felony, PERRIN at Thames Police Court on April 29th, 1901, and ABRAHAM DELAFUENTE at Clerkenwell on March 2nd, 1901. Another conviction was proved against ABRAHAM. Five years' penal servitude. HENRY DELAFUENTE and PERRIN. Twelve months' hard labour each. HILL, who received a good character to enter into recognizances. (See page 671.)
THIRD COURT.—Wednesday, June 4th, 1902.
Before Mr. Common Sergeant.
(441) And WILLIAM GRENVELD (35) , to feloniously receiving fifty-seven bracelets and other articles the property of Albert Bale, also to feloniously receiving seventy dozen pairs of gloves and other articles the property of Frank Stevens, also to feloniously receiving seventeen watches and other articles the property of Albert Woolf. [Pleaded guilty. See original trial image.] Judgment respited.
MR. WRIGHT Prosecuted.
JOHN LEWIS TIMMINS . I am a registered medical practitioner and house surgeon at the West London Hospital—on April 27th, at 12.20 a.m., I examined the prosecutor, and found a large clean-cut wound across the upper part of the buttock and thigh 8 1/2 inches in length and 1 1/2 inches deep—any sharp instrument, such as a knife, would have caused it—it was, not dangerous, as it was on the outside of the thigh—if it had been inside it would have divided the main artery.
Cross-examined by the prisoner. I have not seen the knife that was taken from you (Produced)—I should think it was a bigger knife than this that caused the wound.
JOSEPH WILSON . I live at 35, Beaconsfield Road, Acton, and am a bricklayer—on April 26th, at 11.10 p.m., I was with my brother walking across Acton Green—the prisoner was walking in the same direction with two or three women, and as we passed I happened to knock up against one of the women, and she said, "Where the b—h—are you coming to?"—I told her it was an accident, and the prisoner wanted to fight me, and I told him to go home as he was too drunk to fight—the prisoner then went on for about fifty yards, and then we also went on in the same direction going home, and caught up to him in Beaconsfield Road—on getting there I saw him with his coat off, and he said he was going to put me through it—I told him to go home—he then rushed at me, and I knocked him down—he got up, and I told him to go away, and as he would not I took off my own coat, and we had two or three rounds, when he slipped down, his right arm went round, and I felt a knife go in, which sent me on my knees—when I got up the flap of my trousers dropped down—I put my hand there and found a hole—I walked about ten yards and became faint—I was taken to a chemist's shop, and the chemist told me to go to the hospital at once—I went there, where the wound was attended to—I was sent home, and was in bed for ten days—I did not see any knife in the prisoner's hand.
Cross-examined. On crossing the Common you did not ask me any question, you only wanted to fight me—I-did not tell you to take your wife on the f—Common.
ALFRED WILSON . I live at 19. Suffield Road, Acton Green—the last witness is my brother—I was walking with him on April 26th—the prisoner was going in the same direction with some women—as we passed my brother accidentally knocked up against one of the women, and she asked him where the b—h—he was coming to—my brother told her it was an accident, and the prisoner wanted to fight him—my brother said, "You go away you are too drunk"—the prisoner then went al ahead and we followed—at the corner of Beaconsfield Road we found the prisoner waiting with his coat off and he wanted to fight—he and my brother had two or three rounds, and at the end of the third sound they"closed"—or getting away from the prisoner my brother
said, "I am wacked"—I said, "What is up, Joe '"—he said "I am stabbed"—I took him to a chemist's shop, then to the hospital, and then home in a cab.
Cross-examined. When I told you my brother was stabbed you did not tell me to fetch a policeman and lock you up—you made no remark at all—I did not see any knife in your hand.
JOHN KING . I am potman at the Duke of Sussex public house, Acton Green—on April 26th, a little after 11 p.m., I saw the prisoner and the prosecutor fighting—after the third round the prosecutor said, "I am done"—I then saw his trousers were cut, and took him to a chemist's shop—I did not see the prisoner with any knife or any sharp instrument.
Cross-examined. I did not hear you make any remark to the prosecutor's brother after he told you the prosecutor had been stabbed.
By the COURT. No one else was fighting with the prosecutor.
JOHN HOWARD (Detective T.) At 4.30 p.m. on April 27th I saw the defendant at 46, Somerset Street, Acton Green, and told him I should arrest him for cutting and wounding a man named Joseph Wilson last night in Beaconsfield Road—he said, "He assaulted me first; I did not stab him, I have not get a knife"—on the way to the station he said, "What is wrong with him?"—I said, "His left leg is cut eight or nine inches"—he said, "Why didn't they charge me when they took him to the hospital? I was there"—when charged at the station he made no reply—I searched him and found the knife produced.
Prisoner's statement before the Magistrate: "I am innocent of it."
Prisoner, in his defence, said that if he had used a knife or drew a knife some one must have seen him do it, and that he was innocent of it. He received a good character.
GUILTY of unlawful wounding. Six months' hard labour.
443. HENRY LAWRENCE, JOHN LAWRENCE, HENRY REINERS (17), and WILLIAM CHAPMAN (18) , Stealing 96 lbs. of coffee sweepings, the property of Henry George Dutfield, the master of Reiners and Chapman. Second Count, Receiving the same, well knowing it to have been stolen.
Reiners and Chapman PLEADED GUILTY to the stealing.
MR. A. GILL prosecuted; Mr. HUTTON defended Henry Lawrence; Mr. METCALFE defended John Lawrence.,.
WALTER PERRY . I am foreman to Henry George Dutfield, of Upper East Smithfield, Carman and Contractor—Chapman and Reiners were carmen in our employ—on May 1st I sent Chapman to the Victoria Docks to fetch nine bags of coffee sweepings to deliver at Crutched Friars ware-house—I did not examine the bags—the value of 96 lbs. would be about £3 12s.—on May 3rd I saw Reiners at 8 a.m. washing his van—I did not see what became of him after that until I heard from the police station.
ALFRED BROWN . I am delivery foreman at the Victoria Docks—on May 1st Chapman took away nine bags of coffee beans weighing 10 cwt. I qr. 11 lbs.—I have since seen at the police station some coffee beans similar in quality.
—on May 2nd Chapman delivered there nine bags of coffee—I noticed some of the hags were a little torn, so that a small portion could leak out—I weighed them, and they came to 9 cwt. 26 lbs.
THOMAS DIVALL (Detective Inspector H.) On May—'3rd, at 0 a.m., I was with Sergeants Wensley and Gill in Limehouse—I was in a covered van with Wensley watching Henry Lawrence's shop at 39. Gault Street—I saw a van drive up within thirty yards of the shop, and Reiners and Chapman got out of the van—Reiners walked into the shop—Chapman remained near the van—Reiners came out of the shop in three or four minutes and went back to the van—he went back again to the shop, and Chapman drew the van down to the shop—Chapman then got into the van and handed Reiners a sack nearly' full of something—he took it into the shop and put it down on the public side of the counter—Reiners came out, and Chapman handed him another bag containing a small portion of something, and Reiners took that also into the shop—Reiners and Henry Lawrence then came out, and Chapman led the horse and van away from the shop—Reiners and Chapman got into the van and drove away—I and Wensley followed, leaving Gill behind—we overtook them and brought them back to the shop, where we found Sergeant Gill and John and Henry Lawrence, and I believe there was a man apparently a traveller, there—during the time I watched the premises I had not seen John Lawrence—when I took Reiners into the shop Henry Lawrence, pointing to Reiners, said, "He dropped that bag here and asked me to mind it till to-night"—Reiners said, "Yes, sir, that is right"—Sergeant Gill then made a communication to me, and I told John Lawrence I should accompany him to their stables in Rodswell Road—on the way he said, "This is a nice thing for me; the moment I saw the stuff I said 'Chuck the b—stuff out in the road, do not run the risk with such stuff as that'"—I found nothing at the stables.
Cross-examined by MR. HUTTON. I did not see Henry Lawrence come out of the shop until Reiners went in.
Cross-examined by MR. METCALFE. I did not see Mr. Sims in the shop—I did not search John Lawrence's house—I will not swear it was not searched by the other officers—I do not know that he has been for the last 13 years in the service, of the London County Council, and that he has not been suspended since this charge was made—the statement by John Lawrence which I have read was written down by me shortly after he said it.
Cross-examined by MR. HUTTON. I saw Mr. Sims standing at the door of the shop—I do not think he could have heard what was said inside the shop.
JOHN GILL (Detective Sergeant H.) I was with the last two witnesses—immediately after Divall and Wensley had gone after Reiners and Chapman I saw John Lawrence coming from the shop carrying the large sack—when he had gone about 35 yards I wont up to him and said, "I am a police officer, what have you got in that sack"—he said, "I do not know, I am going to take it to the stables"—I took him back to the shop and he said to Henry, "What is in that sack you gave me to take to the stable?"—Henry replied, "Food for the horses, that is all"—Divall and
Wensley then came up with Reiners and Chapman, and I spoke to them—Wensley then went through the shop parlour, and came back with a small sack—I then told them all they would be charged with stealing and receiving coffee, and they made no reply.
Cross-examined by MR. HUTTON. I cannot recognise Mr. Sims as being in the shop at the time—there was a man there—I did not hear Henry say, pointing to Sims, "Here is the man who heard the man ask me to let him leave it here," and Sims did not say,"I am here on business; it is true, a man brought it and asked to leave it here until to-night," neither did I say, "Oh, we know all about it."
Cross-examined by MR. METCALFE. John did not "go in after the coffee had been left in the shop, and Mr. Sims never said anything in my presence—I opened the bag in John's presence in the shop—he did not say, "Here is a fine thing; is this what I staked my reputation?
Re-examined. This is the first time it has been suggested to me that any conversation took place between Henry Lawrence and Mr. Sims in my presence—the defendants were represented by a solicitor at the police court, and I was not asked about it there.
Henry Lawrence, in his defence on oath, said that Reiners asked him to buy the beans for 1 1/2 d. a pound, which he refused to do; that he asked if he might leave them in the shop until the evening, which he permitted him to do, and lent him (Reiners) 6d. for which he asked, believing he would again call for them in the evening'; that he asked his brother John to take the large sack to the stable, as there was no room in the shop, and he put the small sack himself in the yard, and that he had no knowledge of it being stolen property, nor was concerned in stealing it.
Witness for Henry Lawrence.
JOHN SIMS . I am a traveller to Meredith and Drew, Biscuit Manufacturers—I was present in the shop when a man came in with a sack and asked if he could leave it in the shop, and Henry Lawrence told him to put it on the floor—he then asked his brother John to take it round to the stables, which he did—John was brought back soon after by Sergeant Gill, and said, "This is a nice thing for me"—I only saw one sack brought into the shop—a second sack could possibly have been brought in without my seeing it.
John Lawrence, in his defence on oath, said that he was simply asked by his brother to take the sack round to the stables; that he had no knowledge whatever that it contained stolen property, and denied making any statement to Divall.
The Lawrences and Chapman received good characters
HENRY, GUILTY — Three years' penal servitude ;
JOHN, NOT GUILTY
CHAPMAN— Four months' hard labour ;
REINERS— Six months' hard labour.
MR. ARNOLD Prosecuted.
last at 6 p.m. I met him in the White Lion beerhouse, Acton Hill—I treated him and another man to drink—I came out alone and went into a urinal about eighty yards away—the prisoner came in and said, "Give us 2d."—said, "I amt got it"—he said, "Come on, let's have it"—I again said, "I aint got it"—he then tugged my hand out of my left pocket and knocked me down senseless, and after coming to I missed 10s. in silver and a silver watch-chain—I went to my son's house after that and informed the police next morning.
Cross-examined by the prisoner. You did not accompany me to my son's house—I saw no more of you after you knocked me down in the urinal.
WILLIAM DANIEL PRINCE . I keep the White Lion, High Street, Acton—on May 12th, in the evening. I saw the prosecutor and the prisoner in the bar drinking together—they went out together—the prosecutor was not quite sober, but knew what he was doing—the prisoner was quite sober.
JOHN HOWARD (Detective T.) I arrested the prisoner on May 26th—I told him he was wanted for assault and robbery at Acton—he said, "It is bad enough to suffer for what you do; it is worse to suffer for what you don't do"—on the way to the station he said, "Do you know who it was on," and when we got to the station I told him it was on Walter Thompson—he said, "Do you mean Wal Thompson; I will admit I was with him but 1 did not rob him"—when charged he made no reply.
The jury on intimation from his Lordship found a verdict of
NOT GUILTY .
FOURTH COURT.—Wednesday, June 4th, 1902.
Before J. A. Rentoul, Esq., K.C., LL.D.
MR. QUICK Prosecuted and MR. BURNIE Defended.
FREDERICK STOUT . I am a china and glass dealer at 86, Ely Terrace, Mile End Road-about 1.45 a.m. on May 20th I was in bed in the back room with my son Fred—I heard a knocking at the door—I got up and asked who it was; a voice said, "Does your son George live here"—I said, "No, he does not"—he said, "Where does he live"—I said,' I don't know, don't come and annoy me; I am his father"—he banged the door again—I opened the door and thought I heard a man run away—my son Fred ran out with his pants and shirt on—I ran after him to try to part them, as I saw them fighting—I think they fell once or twice; the last time my son said, "Hold him father, I am stabbed; Biddy Armstrong done it"—I took my son indoors—I saw no one else about the street.
Cross-examined. Biddy is the name of the prisoner's brother, I believe—this one is Edward, so they say—I don't know that they are like each other—I never knew them before—it was dark at the time—all I said before the magistrate and all I say now is, "When I opened the door I saw a man I believe to be the prisoner."
Re-examined. I subsequently picked him out from nine others at the police station.
—he was retained on another charge at the Thames police court, and he answered the description of a man who was wanted for stabbing—I placed him amongst nine others as like him as possible for identification—he was identified by the last witness—I then told him I should take him into custody for stabbing Frederick Stout at Ely Terrace, on May 20th, at 2 a.m.—he replied, "All right, I was in the police station at one a.m."—he made no reply when he was charged.
Cross-examined. I can't say I know the brother Biddy—I think there are five of the Armstrongs—I know one, they call him "Stack,"Henry is his name—I should say the prisoner is like Biddy—they are all pretty much alike.
FREDERICK STOUT, JUNIOR . I am a china dealer at 86, Ely Terrace, Mile End Road—I live with my father—on May 20th I was in bed—a man knocked at the door and said, "come out here you white-livered bastard"—the door came open—I, fetched out of bed, passed by my father, and caught hold of the man; he stabbed me three times and I fell—I holload out, "Hold him father, I am stabbed"—I could not swear whether it was Edward or William Armstrong—I went by the voice—I was afterwards taken to the London Hospital and was there ten days.
Cross-examined. I can't say whether it was Edward or his brother—at the time I said it was "Biddy."
WILLIAM EDWARD MOORE EDE . I am house surgeon at the London Hospital—I examined the prosecutor on May 20th—he was suffering from three stabs, one in the nipple line of the eighth rib, another over the left scapula, and a third just on the right side of the spinal cord—this knife (Produced) would inflict such a wound.
EDWARD WATSON (120 H.) Just before twelve on May 19th I was on duty near 86, Ely Terrace, and heard a knocking at the door—I saw the prisoner and a woman there, and asked them to go away quietly—I subsequently took them into custody—they were bailed at 1.30 a.m.—at 1.40 I met them in Whitefriars Lane, singing at the top of their voices—I asked them to stop and go along quietly and they did so—at 4 a.m. I passed through Ely Terrace again and found this knife—and at 5.30 I found this rent book (Produced)—the name of Foley is in it—he is the prisoner's landlord and the man who bailed him out—Whitefriars Lane is about ten minutes' walk from Ely Terrace.
Cross-examined. I know several of the prisoner's sisters-in-law—I know 105, Harley Street, that is about three minutes' walk from Whitefriars Lane.
THOMAS SLOWEY (Inspector. H.) On May 20th, about 1.25 a.m., the prisoner was in custody—he was bailed out at 1.30 exactly by a man named Foley—I identify the rent book as the one produced at that time—they left the station togther at 1.35—it would take fifteen or twenty minutes to reach Ely Terrace.
Cross-examined. This was Arbour Square Police Station—it is about ten or twelve minutes walk from the nearest point of Whitefriars Lane.
stabbed—the prisoner looks like the man, but I could not swear to him, it was rather dark—he ran away—I was in my night-shirt, and went back home.
NOT GUILTY .
MR. BUSZARD Prosecuted.
THOMAS GREY MACKAY . I live at 28, Sebley Road, and I am manager of the Manor Park Club, Tufnell Park—on May 24th I left a gold chain in a cupboard in my room—the premises were locked up each night—on that Saturday night the premises were locked up at 12.10—that is my chain (Produced)—I went to the club on Monday, the 26th, and found the premises in possession of a constable, and my room and cupboard ransacked—about £3 was missing from the club in addition to the chain, which was worth £5—I cannot say when the premises were broken into—it must have been between Sunday night and Monday morning—I am the only person who has a key of the cupboard.
EDWARD ELLIOTT . I am the caretaker of the Manor Park Club, and live on the premises—on Sunday night, the 25th, I locked up the premises, and everything was all right then—on the following morning I found there had been a burglary—the premises ware ransacked—I did not know what property there was on the premises—the prosecutor's cupboard was broken open, and all the doors—I had fastened them the night before.
HENRY WELLS . I am assistant to Mr. White, pawnbroker, of Whit-worth Road, Tufnell Park—on May 26th the prisoner came to the shop—he asked me whether the chain he had in his hand was gold—I said, "Yes" '—I asked him how he came possessed of it, and he said he bought it in a public-house, and gave 5s. for it—he remarked that he thought he had been done—I asked him to go inside the shop—we had received information from the police that an albert chain was missing—I asked the prisoner to leave it, and call again at 12 o'clock—he came back and asked me if I had heard anything as to the chain—I told him, "No," and asked him to call again at 6.45—he gave the name of Field, 11, Prow Road—he had never pawned things of that sort with us before—I was there when he called at 6.45—he asked me if there was anyone in the shop—a detective was there.
JOHN ROSENTRETER (Sergeant, J.) I went to Mr. White to make inquiries about this chain—the prisoner came into the next compartment—he said to Mr. White, "What about that chain"—Mr. White said, "There is someone round the other side who wishes to see you about it"—I then met the prisoner and asked him where he got the chain from—he said he bought it of a man in a public-house for 5s.—I then took him to the station—the magistrate committed him for receiving a stolen chain.
The Prisoner's Statement before the Magistrate: "The place was supposed to be broken into on the Sunday night, I can get evidence to prove where I was, I was in the Prince of Wales public-house, and while I was there a man came in, he had a chain in his hand, and started playing about with it he said, 'What do you reckon this is.' I said, 'It looks like gold,' he said, 'Do you want to buy it,' I said, 'How much do you
want for it,' he said, 'I will take 5s. for it,' so I gave him 5s. for the chain; after that I went out to Mr. White's, I asked him if it was gold, he said, "Yes," and told me to call back at dinner-time, I did, and he told me to call again at 6.30, then I met the detective, then I was charged with breaking in, and stealing the chain and money as well.
GUILTY .† One previous conviction was proved against him. Six months' hard labour.
MR. J. P. GRAIN Prosecuted.
HENRY ROBERT CRAVEN . I live at 163, Drummond Street, St. Pancras, and am a postman—I was in the Tottenham Court Road on June 1st walking with my sister, when suddenly I was surrounded by a gang of roughs, who held me up—I felt my watch go—I cannot swear to the prisoner—my sister followed the prisoner, and had him apprehended.
ROSE JACKSON . I am married, and live at 26, Cumberland Market Regent's Park—I was walking with my brother in the Tottenham Court Road—we were suddenly surrounded by roughs—three of them ran away—I kept the prisoner in sight till I saw a constable, in front of Whit field's Tabernacle—the prisoner was in front of my brother—I saw him hand something to another man—I cannot say how many men attacked my brother—I have no doubt that the prisoner is the man who took my brother's watch.
WILLIAM GODFREY (Police-Constable D.) I was on duty in Tottenham Court Road on June 1st between eleven and twelve—the prisoner was pointed out to me by the last witness—when arrested he said, "This is all right; I have been looking at the people dancing"—when charged at station the inspector said to the prosecutor, "Did the man strike you," and he replied, "No, he did not."
The prisoner, in his defence on oath, said that after coming out of the public-house in Tottenham Court Road, he walked down the road with a flag in his hand; there were a lot of women and men dancing; a woman came up with a constable and accused him of stealing her brother's watch; that he turned round and said, "Where is your brother?" that the constable said, "Come and find him "; that the brother came up and said he did not know him (the prisoner); that he never told another man to take a run; that he was by himself, and had walked into the crowd to see the people dancing.
GUILTY .† He then pleaded guilty to a conviction of felony at Clerkenwell Police Court on June 24th, 1898, and three other convictions were proved against him. Two years' hard labour.
MR. BOYD Prosecuted; MR. GREEN Defended Borders; MR. BURNIE Defended Jessop.
NOT GUILTY .
HALLERTON† PLEADED GUILTY to simple robbery. (See next case.)
MR. FITZGERALD Prosecuted.
JOHN MALLINSON . I am a store keeper and live at 36, Priory Road, St. Anne's Road—I was in the vicinity of Farringdon Street Station on May 12th, when I saw five or six men close round the prosecutor—Haller ton grasped his chain, and a struggle occurred—they both fell to the ground—I went to assist the prosecutor—Nye came to assist, and I believe he received the watch from the other prisoner—I received a blow on the neck—I followed up until I saw a constable—when arrested Nye struck the constable a blow in the face—he then ran away—I ran after him. And he turned and struck me in the throat, knocked me down, and jumped on me—I made a report at the police station—I did not see him again till, I think, May 21st, when I identified him amongst a dozen men—I have not recovered from my injuries yet.
WALTER SELBY (Police Constable G.) I went to the Cheshire Cheese to arrest another man for an offence—Nye was there, and attempted with others to rescue the man from custody—he was arrested for that offence, and also on suspicion of being concerned with this charge—I know both prisoners to be the associates of thieves.
GUILTY .HALLERTON then
PLEADED GUILTY to a conviction of felony at this Court on January 10th, 1898, and four other convictions were proved against him and one against Nye. HALLERTON— Eighteen months' hard labour ; NYE— Twelve months' hard labour.
OLD COURT.—Thursday, June 5th, 1902.
Before Mr. Justice Grantham.
For the case of Frank Cole, tried this day, see Surrey Cases.
NEW COURT—Thursday, June 5th, 1902.
Before Mr. Recorder.
451. ADA ROSE GUISE, JAMES GEORGE GUISE BAGLEY , and HENRY GUISE. Conspiring by false pretences to obtain from Frederick Pegler Richmond valuable securities to the amount of £400, BAGLEY also obtaining credit from James Stanford to the amount of £10 13s. 4d. by false pretences and with intent to defraud.
MR. BODKIN, for the Prosecution, at the suggestion of the Recorder, offered no evidence.
NOT GUILTY .
PLEADED GUILTY to conspiring with G. F. Way (See Vol. CXXXV., p. 361), by false pretences to obtain large sums of money from such persons as should entrust their moneys to them for inbestment in a business called the "Barrow and Way Company," carried on by them with intent to defraud. Fifteen months' hard labour.
THIRD COURT—Thursday, June 5th, 1902.
Before Mr. Common Serjeant.
453. WYNDHAM CURZON PLEADED GUILTY to obtaining by false pretences, with intent to defraud, from Henry Gaze, Limited, and Frederick Henry Phillips, £6 11s. 6d.; from Wm. Whiteley, Limited, and David Goodman, £10 1s. 6d.; from George Cozens and Co., Limited, and Frederick Augustus Freeman, £4 3s. 8d.; from William Masters and Horace Patrick Winter, £2; and from Rickett, Cockerel!, and Co., Limited, and John. G. Mason, £7 8s. Judgment respited.
(454.) MARK MENDES COHEN (40) , to having, within four months of his bankruptcy, obtained property from Charles Herman Windschugehl, by false pretences, with intent to defraud, also to having been adjudged bankrupt, with intent to defraud his creditors, did not discover to his trustee the state of his property. [Pleaded guilty. See original trial image.] Seven months' hard labour.
(455.) OSWALD EDWARD LORD (23) , to being in charge of a motor car, did by wilful neglect cause bodily harm to Henry Mejlack. [Pleaded guilty. See original trial image.] Discharged on recognisances ; and
HORSEWELL PLEADED GUILTY .
MR. COUNSELL Prosecuted.
WILLIAM HART . I am sixteen, and am a vanguard employed by Mr. Donaldson—on April 9th I went out on Horsewell's van with some chests of tea which we had to deliver—when we got to Gower's Walk, Horsewell stopped the horse and Keith and Delafuente came up to the van with a barrow—Horsewell got out a chest of tea and helped Delafuente to put it on the barrow—Delafuente and Keith then went away with the barrow and Horsewell followed—I stayed with the van—Horsewell came back in ten minutes, got on to the van, and we drove away—as we were going along Horsewell threw either a florin or a half-crown to me—it dropped on to the floor of the van, and I let it remain there—he did not say what it was for.
Cross-examined by Delafuente. I saw you get into the shafts of the barrow—you had a long overcoat on and a cap over your eyes.
—MILLER (Detective Sergeant). I arrested Keith last Thursday—I said to him, "You know me"—he said, "Yes"—I said, "You will be taken into custody and charged with being concerned with a man named Horsewell, not in custody, and a man named Delafuente, already in custody, in stealing and receiving a chest of tea the property of Mr. Donaldson, on April 9th last"—he said, "Yes, but I know nothing about it"—he was taken to the police station and confronted with Hart—he was then charged, and when leaving the dock for the cells he turned to Hart and said, "You know as much about this as I do, you had as much out of it as I did"—I served Delafuente with a notice on Monday, and he said, "I know nothing about it"—he was not taken before a Magistrate.
Witness for Keith.
ALBERT HORSEWELL . I have pleaded guilty to stealing the tea—I saw Delafuente in Gower's Walk and asked him to buy a chest of tea—he said, "Yes," and he fetched a barrow, and I helped him put the chest of tea on it—he gave me 10s. then and 30s. next morning—Keith was not touching the barrow—he was walking behind on the pavement—he was not concerned with me.
Keith's Defence. "All I can say is I am innocent of receiving or stealing it, I never laid my hands on it."
Delafuente, in his defence, said that he was not in Gower's Walk that day; that he was out looking for work in the City; that he never paid any money to Horsewell, and had never seen him before, and that he had had no dealing with the tea.
GUILTY . Twelve months' hard labour, to run concurrent with another sentence. (See page 660.)
The Jury were unable to agree as to Keith, and the trial postponed till next Session. HORSEWELL— Judgment respited.
FOURTH COURT.—Thursday, June 5th, 1902.
Before L. Smith, Esq., K.C.
458. EDWIN THOMAS LASCELLES (31) and CHARLES FREDERICK FLACK (32) , Conspiring to defraud Richard Robert Woodhams of divers sums of money. Other counts for obtaining divers sums of money by false pretences, and attemping to obtain the same by false pretences with intent to defraud.
MR. MUIR, MR. ARTHUR GILL, and MR. BIRON Prosecuted; MR. DRAKE
On the trial proceeding the Defendants stated in the hearing of the Jury that they were guilty of certain counts, including the conspiracy to obtain and the obtaining of divers sums of money by false pretences with intent to defraud. The Jury therefore returned that verdict.
Another conviction against FLACK was proved (See Sessions Paper, Vol. cxxxi, p. 13). Two years' hard labour. LASCELLES— Eighteen months' hard labour.
OLD COURT.—Friday, June 6th, 1902.
Before Mr. Justice Grantham.
MR. PERCIVAL CLARKE Prosecuted; MR. TODD and MR. SAUNDERSON
FREDERICK HERBERT BOWMAN . I live at 161, Blyth Road, West Kensington, and am a piano tuner—I have known the prisoner ever since we were boys—I knew him while he was working for Mr. Dean in Chancery Lane, and while he worked for his own father—the law stationer's business belonged to his father, and when he died the prisoner worked for Mr. Dean and Mr. Moulton's widow—the prisoner's father died about thirteen years ago—Mrs. John Moulton is the prisoner's step-mother—Mr. Dean rose from being office boy there—on May 3rd I received this letter—it contained this letter—it is in the prisoner's writing—I put it into my pocket and considered it, and then went to bed—I decided to answer it next morning, which I did, and I wrote the prisoner a very stiff letter—the letter which was enclosed to me I sent round to his family—I took the letter myself to his "good Aunt Seppie," as she is called in the letter, and sent it by post to his sister Emmie—it was returned to me, and I gave it to the prisoner's half-who, I believe, took it to Mr. Dean.
Cross-examined. The business has been in the Moulton family for about 150 years, I believe—I am told Mr. Dean is a partner—I last saw the prisoner about two Sundays before I received this letter—I had been on very friendly terms with him, but not so friendly of late years—he has been in a very bad state of health, indeed—he is in consumption—he is peculiar in his manner, he is surly and unsociable, but he is kind-hearted, his heart is in the right place—I took the letter to his aunt because I thought she ought to see it.
MONTAGUE MOULTON . I live at 5, St. Paul's Mansions, Hammersmith—I am a clerk, and half-brother to the prisoner—I am not in the business in Chancery Lane—on Monday, May 3rd, I saw Mr. Bowman—he handed me this letter—it is the prisoner's writing—I took it to Mr. Dean next day—previous to this I had not seen the prisoner for six months—I saw him before his illness took him away from business, but not since—he is married and lives with his family—I knew he had been ill and was away from work—I knew Mr. Dean—I had been in the business up to about four years ago—the prisoner was working there then—I believe he was receiving £2 5s. a week—I left because there was no future there.
WILLIAM JAMES DEAN . I live at Lupton Street, Kentish Town, and carry on the business of law stationer at 37, Chancery Lane—I have been in the business of Moulton for about thirty-two years—I started at the bottom and worked my way up—I first controlled the business just before the death of Mr. John Moulton—he died about fourteen years ago—the business now belongs to Mrs. Moulton and myself—previous to Mr. Moulton's death the prisoner worked in the business, and when I succeeded Mr. Moulton the prisoner was in my employment, and has continued to
be so till about six weeks ago—his salary was £2 5s. a week—in the beginning of December he was taken ill and had to go to the hospital with a consumptive complaint—he broke a blood-vessel or something of the kind—he has not been back to work since—for the first month that he was away I paid him his full salary, and after that I paid him half till about April 5th or 6th—the doctor told him he could not work in an office any longer—he showed no signs of ill-feeling towards me when he went away and I had friendly letters from him up to within two or three weeks of the threatening letter of May 2nd—the last one is dated April 9th—(This was written from a convalescent home at Bournemouth, saying he was enjoying himself at Bournemouth, and inclosing a notice about the Coronation festivities there; that he would be very glad of a job if the prosecutor heard of a suitable one, and saying that he would be home on the Wednesday or Thursday)—I did not see the prisoner again until the night of his arrest, but I had a postcard on April 11th from him (Read): "I beg to acknowledge the receipt of your letter; of course it is impossible for me at this moment to provide for the Sunday's dinner, &c., and should be much obliged if you could oblige the Mrs. I return for certain Wednesday"—my last payment to him was on April 6th, but he was to receive 25s. a week from his club for three months, then he was to receive half that for another three months—he has a wife and a son and daughter—the son is about twenty or twenty-one and is at work—I do not know what he does—his wife called on me on the Saturday after the receipt of that postcard and I informed her the prisoner's pay had stopped, but he had receive money from his aunt—I did not answer the postcard—there was no indication on his part of any threats at that time—on May 6th the last witness called on me and brought me this letter—it is in the prisoner's writing (Read): "Dear Fred, I am afraid—very much afraid—that the die is cast, yet I am not afraid exactly either for my bodily self or my hereafter, After very very many sleepless nights and anxious days, during which I have dreampt of and meditated my position, I have finally come to this conclusion, i.e., that I must kill him. Am I cast out and robbed of my birthright by this unscrupulous scoundrel to seek my next meal in the gutter like a sparrow, or to walk the streets ill and starving whilst this unprincipaled villain grins in his easy chair. It seems to me I have to go, my days are numbered, shall I then leave him behind to enjoy his ill-gotten gains or take him with me. It would be a just revenge, let then God judge between us, it will not be murder, but justifiable homicide. I have arranged all details in my own mind, and hope he will not escape me. Of course I am naturally terribly upset and nervous and dare not trust myself to write to my good Aunt Seppie who I am afraid will be greatly shocked at the tradegy, but what can I do, break the news to her my dear boy as gently as you can, and to anyone you may think fit in your discretion, tell them openly what an unprincipaled villain he has been and in the future try and think of me as generously as circumstances will admit of. I can give you no definite date, but the final crash will come before the end of the next week if I live as long. I should have liked to have given him a few days notice to have arranged his earthly affairs and said his prayers, he has need to make
peace with his Maker, but I fear it might spoil my plot. Yours durant vita. HARRY MOULTON."—having read that letter, I went to my solicitor and informed the police—I went that night with a police officer to the neighbourhood of Clapham where the prisoner lived—I saw him—the constable said to him, "Your name is so-and-so?"—he said, "Yes, what do you want?"—the constable said, "I arrest you for writing a letter threatening to kill a Mr. Dean"—he asked to see the letter—it was shown to him—he said, "Yes, that is my letter, and I mean to do it."
Cross-examined. The prisoner knew that the payment on April 6th would be the last one—I wrote this letter to him on January 6th—(This stated that as business was very bad, as the Land Register would do away with all conveyances and mortgages, and that having thought the matter over, he had come to the conclusion that it would be best for the prisoner not to return to the office, and especially as he (the prisoner) had not been able to earn his salary; that he (the writer) proposed to pay him half for three months which with the club money would make up the full salary, and that with the odd half sovereigns which he picked up from the papers he would be saved from anxiety till he could consider what he could best do, and that he would be always glad to hear from the prisoner)—the prisoner replied by this letter dated 8/1/02—(This stated that he was aware of the slackness in business which made it very difficult for him to find employment; that the club money had not yet arrived, and that the half-sovereigns from the papers were so casual that he hoped the prosecutor would give him another chance in the office, as it would be impossible for him to earn a living outside as a scribe; that his prospects outside were practically hopeless, and that if the prosecutor's last letter was his last note it was practically his (the prisoner's) death warrant)—I wrote this letter on April 9th—(This stated that the matter had received the writer's greatest consideration and thought; that as the Land Act was in force the position had to be faced and arranged for accordingly; that the prisoner could not expect something for nothing; that things could not go on as they had been, but that he had seen the secretary of the club and the money would be sent on at once)—I am a partner in the firm—I am aware of the terms of the late Mr. Moulton's will—the profits of the business are to be given to the widow for life, and on her death the business is to be disposed of and each of the children to take a share—there were two sons in the business when Mr. Moulton died, but they were not in regular employment there—neither of them had any salary, they earned what they could by copying—the prisoner is the oldest son—I do not know that the business has come down from father to the oldest son for a long time—the prisoner's grandfather made the business and he left it to his two sons—none of the sons are in the business now—I dismissed Charles because he misbehaved himself, and I also dismissed Richard if you like to put it so; he knew he could not be there—I thought this letter was for me because it was brought to me, and because the messenger who brought it said it was—I had also had a letter from the prisoner's wife saying that she was afraid that his mind had become unhinged—I had quarrelled with Charles, that was the cause of his dismissal—I did not quarrel with Richard or with the prisoner—up to the
time the prisoner was taken ill there was nothing the matter with him—he was forgetful—I did not dismiss him, but if he had not been taken ill he would not have gone on much longer because the business was so bad.
THOMAS HAWKINS (Detective Sergeant W.) On May 6th I received a communication from Mr. Dean, and I accompanied him to Clapham—we met the prisoner—I had then seen this letter—I said to the prisoner, "I am a police sergenat, and have a letter which I am informed has been recently written by you and sent to a man named Bowman, it is a serious letter, and contains a threat to murder a Mr. Dean"—I showed him the letter, he said, "It is right, I meant it for him, I am nearly starving"—I took him to the station where the letter was read, he was charged and made no reply.
GUILTY. Strongly recommended to mercy by the Jury. Discharged on recognizances.
MR. CHARLES MATHEWS and MR. BODKIN Prosecuted, and MR. TURRELL
RONALD MAGREGOR . I am a clerk in the Central Office of the Royal Courts of Justice and produce the file of proceedings in an action of Craig against Harris—the plaintiff is Joe Hamilton Craig—the writ is dated June 20th, 1901—there was a claim for damages for malicious prosecution—I have not got the statement of claim—this is a copy of it—the damages claimed were £2,000—that was followed by a defence in which the defendant contended there was reasonable and probable cause for the prosecution, and denied that he had any malice—the action was tried on January 29th before the Lord Chief Justice and a special jury—I produce the judgment—the jury returned a verdict for £200 and the plaintiff had his costs and judgment—on February 7th I find notice of an appeal to the Court of Appeal—it is now standing over generally.
Cross-examined. There is no allegation that this man was guilty of the charges made against him before the Justices at Barnet.
JAMES HERBERT WIDGERY . I am a shorthand writer and was present at the trial of the action, Craig and Harris, on January 29th—I remember the prisoner as Mr. Craig, he was the then plaintiff in the action—I saw him called and sworn as a witness—I took down in shorthand the questions put to him and his answers—I transcribed them and now produce the transcript which is correct.
Cross-examined. I cannot remember anything the Lord Chief Justice said unless it is in the transcript—after the trial I dictated my notes to an assistant, and afterwards read them through and examined them—I cannot say if Sir Edward Clarke asked the prisoner if in addition to his having been convicted ten years ago there were a number of county court summonses against him.
JOHN GIBSON WOOD . I am a solicitor practising at 39, Temple Road, Birmingham, where I have practised since 1875—in June, 1892, I had a client named Hunt, and in August, 1892, I received certain instructions from him, and, in consequence, I caused proceedings to be issued against
two men named William Garfield and Joe Hamilton Craig for conspiring to defraud Mr. Hunt—I was present before the magistrate—the prisoner was Joe Hamilton Craig—he was a solicitor's clerk then—he had visited me once before that prosecution, so he knew me personally—there was one adjournment before the magistrate, and the men were then committed for trial at the Warwick Assizes, where the trial took place—I was present—they were found guilty, and sentenced to four months' hard labour each—I next saw the prisoner on January 29th last, when I was in the King's Bench in the Lord Chief Justice's Court, when the action Craig against Harris came on—I remember the prisoner being cross-examined by Sir Edward Clark—my name was put to the prisoner as being known to him, and Sir Edward asked me to stand up so that he could see me—he said he did not know me.
Cross-examined. I have no doubt that the evidence I have given to-day is correct—I am sure the prisoner is the man who was convicted at Warwick, and I have made doubly sure by making inquiries since.
THOMAS WILLIAM DOLMAN . I am a licensed victualler, and live at Newton Street, Birmingham—I know the prisoner"—I remember him when he was a solicitor's clerk in Birmingham, in and before 1892—I went to the Birmingham Police Court when he was committed for trial, to become his bail—I did not become his bail—he was committed for trial at Warwick—I visited him many times afterwards when he was at the King's Head, Bear Street, Leicester Square, and other licensed houses.
Cross-examined. The prisoner found bail without my assistance at Birmingham—at that time I knew him as a respectable man.
GEORGE MONK (Superintendent C Division, Birmingham Police). I know the prisoner—he was a solicitor's clerk at Birmingham—he was charged before the Stipendiary Magistrate at Birmingham with William Garfield for conspiring to defraud—the prosecutor was a Mr. Hunt—Craig was committed for trial, and I was present at Warwick Assizes in December 1892, when he and Garfield were tried and convicted before Mr. Justice Kennedy—they were sentenced to four months' hard labour each—I produced the certificate of conviction signed by the clerk of assizes—I was not present during the hearing of the action in the High Court in January—I was communicated with a day or two afterwards, and on February 5th I went with Mr. Gig to 28, Vale Road, Finsbury Park—the prisoner opened the door—I said, "Are you Mr. Craig"—he said, "Yes"—I said, "Do you know me?"—he said, "No"—I said, "Don't you, I am Monk from Birmingham"—he said, "Good gracious, after all these years"—I said, "I have been sent up to see you; you know the rest"—he said, "Yes, they' are fighting a dead horse."
Cross-examined. It was proved before Mr. Justice Kennedy that up to that time the prisoner had had a good character—I knew him myself as a man of good character.
EDWARD HUGH GIG . I am clerk to Messrs. G. W. Brown, Son, and Vardy, solicitors, of Finsbury Pavement—they were the solicitors acting for Mr. Harris in the action of Craig v. Harris—I accompanied Monk on February 5th to 28, Vale Road, Finsbury Park—I was present during
most of the hearing before the Lord Chief Justice—I saw Craig in the witness-box—I saw him at Finsbury Park, where there was some conversation between him and Monk.
Cross-examined. Mr. Harris first knew that the prisoner had been convicted at Warwick after the Grand Jury had thrown out the Bill at St. Albans—I do not remember the date—the prisoner was questioned in the box with regard to bankruptcy summonses and trials—he admitted some of them, but I believe he said he had paid them all.
JOHN MACARTHY . (Inspector, New Scotland Yard). I received a warrant in this case on May 8th—I went to 28, Vale Road, Finsbury Park—I saw the prisoner—I asked him if his name was Craig—he said, "Yes"—I was with another officer—I said we were police officers, and should arrest him on a warrant granted that day with having committed wilful and corrupt perjury—I read the warrant to him—he said, "Yes, I am glad to go with you; it relieves one of the anxiety"—he was taken to Bow Station and charged—in answer to the charge he said, "It is a persecution following on a malicious prosecution."
Cross-examined. I did not know him before that day—I have made inquiries about him and find he has borne a good character for some years.
E. H. GIG (Re-examined by MR. TURRELL). I remember there was a question put in the trial of the action with regard to the willow trees, as to whether there was a receipt given or not—I cannot remember Sergeant Cresswell swearing that the receipt was given.
JOSHUA ALFRED VARDY . I am a solicitor, and a member of the firm of George Brown, Son, and Vardy—I managed the affairs of Mr. Harris, both in reference to the case of Craig in stealing the willow trees, and also in defending Mr. Harris in the action.
Cross-examined. I remember Sergeant Cresswell swearing he saw some document signed—I do not remember if he identified it as a receipt, and a man named Bartrip also swore that he saw money pass.
The prisoner received a good character.
GUILTY . Discharged on recognisances.
MR. CHARLES MATHEWS and MR. KERSHAW Prosecuted EDWARD SEXTON. I am the landlord of the Leighhoy public-house in Hanbury Street—I also live there—on May 22nd I shut up the house about 12.30 a.m.—there are two fanlights over the two doors—one looks into Queen Street, and one into Hanbury Street—on May 22nd the Hanbury Street fanlight was left about nine inches open—it is fastened by two iron rods, and the Queen Street one by two wooden frames—it would not be possible for anyone to get through the fanlights without forcing the fastenings—in the early morning of May 23rd my attention was drawn to the Queen Street fanlight by the police—I noticed some marks on it, and the dust had been rubbed off—they might have been made by a person's hand—there were scratches on the brass finger-plate on the
door—they looked as if they had been made by some hard substance which had slid off.
Cross-examined by Wilson. That window was cleaned on the Friday before the Thursday—there was enough dust on it to show marks of a hand or anything put on it—the marks on the window could not be caused by anyone knocking out a pipe—there was a distinct mark of a hand on the lintell between the brass finger-plate and the fanlight.
Cross-examined by Fitzwater. You gave me every opportunity of coming up to you—you walked away very steady—I did not search you in the street or at the station—nothing was found on you that I know of.
Cross-examined by Wilson. You did not say you wanted to see if there was anyone in the bar so as to get a drink—you simply said you wanted to get a drink.
Cross-examined by Wilson. When you threw us to the ground I did not say I ought to kill you.
JOHN MUCLOCK (286 H.) About 4.50 a.m. on May 22nd I heard a whistle—I went in the direction of it—I saw Fitzwater running off—I ran after him, and caught him in Albert Street—I asked him what he was running for—he replied, "I am running because the other people are running"—he commenced to struggle, and tried to get away—I told him if he did not come I should take out my truncheon and knock him down, and he then went quietly.
THOMAS SMART (Detective, H.) On May 23rd, about 3.30 p.m., I arrested Morrissy in the Whitechapel Road—I said, "You answer the description of a man wanted with Wilson and Fitzwater for shooting at the police"—he said, "I admit I was there, but I did not shoot at the police"—he was identified at the station by Hawkins.
JOHN NORMAN (Inspector H.) I went to this public-house about 5.30 a.m. on May 23rd—I examined the fanlight and saw the scratches—the fanlight was partly open then—there is a crossbar to it—there were marks of a man's hand on the glass.
The Prisoners' Statements before the Magistrate. Fitzwater said, "We had no intention of breaking into the house; we had no tools with us."
Fitzwater's Defence. "We had no intention to do the place that morning; we had intention to do the place but not that morning; we were going to do it some other time, not that morning."
Wilson's defence. "We were walking along Hanbury Street, and we thought it was nearly 5 o'clock. We wanted to get a drink, and I said, 'Let us come and see if there is anybody in the bar; we might be able to get a drink here.' I went to the door and as I could not see over I put my foot on the ledge by the side of the door. I could not raise myself, so I put my foot on Fitzwater's shoulders, not on Morrissy's. I looked over the door and saw it was 4.40. We walked away, and the policeman came up and asked what we were doing at the fanlight. I said I was not doing anything. I was looking over the door to see if there was anyone up to see if we could get a drink. He followed us up, and when we got to Great Garden Street
he pulled out his truncheon and said, 'You won't go any further, stop here."I said, 'No I won't.' He took out his truncheon, and I pulled out the revolver; I knew it would not go through his coat because it was so small, and I did it so as to get a start. I plead guilty to doing the place some other morning if it was worth doing; we could not do it that morning because we had not got the tools with us."
Morrisy's Defence. "We intended doing it if there was anything worth while taking."
Fourteen previous convictions were proved against FITZWATER, including several terms of penal servitude, and he had 255 days to serve. Six previous convictions against WILSON, who had 263 days to serve, and eleven against MORRISY. Eighteen months' hard labour each, and WILSON ten years' penal servitude for shooting, to run concurrently with the eighteen months. Mr. Price, the person who attempted to stop Wilson, and who had only just been found, was commended by the Court.
MR. KERSHAW Prosecuted.
DAISY CANNON . I am fourteen years old, and live with my parents at 37, Kingsdown Road. About 3.45 p.m. on the Thursday in Easter week I was at my window, I saw the prisoners coming up Kingsdown Road and going in the direction of Stanley Terrace—they crossed over—they looked round the corner as if they were looking for someone—they stood there for about five minutes—I saw the deceased coming up the same way that the prisoners had come—the prisoners came across the road to meet him—I heard them say something about" skip"—they used a vulgar expression and said "Fight him"—Waller took off his coat and handed it to Stokes—Waller struck the deceased in the face—he had not made any attempt to strike Waller—there was no sparring—the deceased fell to the ground—Stokes picked him up by the scruff of his neck and got him partly on his feet—Waller then struck him again, I think it was about his face—then Stokes let him drop, and he fell on his back—I saw a policeman at the corner of Cornwallis Road—the prisoners ran off—later in the month I was taken to the Hornsey Road police-station, when I was shown a number of men—I did not pick out anybody then, but later on I identified Stokes, and a day or two afterwards I picked out Waller—I do not remember the date—I have no doubt that they are the two men I saw in the Kingsdown Road.
GEORGE RAYMOND . On April 3rd, about 3.30 p.m., I was in Kingsdown Road—I saw the prisoners and the deceased talking—I passed on and turned round again—I saw Waller taking off his coat—he struck the deceased with his fist, and he fell down—Stokes picked him up, and before he was erect Waller knocked him down again—the blows were both on the fore part of the head—a constable came up, and the prisoners ran away—I saw no attempt on the part of the deceased to give any blows—there was no sparring—there was nothing like a fight.
Cross-examined by Sluices. The deceased was not properly on his feet
when Waller struck him again—you had hold of him by the back of his shoulder.
Cross-examined by Waller. I did not say at the police court that the man was properly on his feet before he was struck the second time.
SAMUEL BUTLER . I am ten years old—on April 3rd I was in Kingsdown Road—I saw Stokes there—he was holding a gentleman up—Waller struck the man, and he fell back—a policeman came up, and the prisoners ran away—I did not see any attempt by the man who was being held up to strike either of the prisoners.
HENRY WILMOT (271 Y.) About 3.45 p.m. on April 3rd my attention was called to the deceased by Raymond—the deceased was lying on his back in the road—I did not stop to examine him—I went down Stanley Terrace—in Devonshire Road I heard some shouts of "There they go, governor"—I saw two men running—they got away—I never saw their faces—I went back to the deceased and took him to the hospital—he was unconscious.
ALICE CHARLOTTE JANE PELLS . I am the widow of the deceased—I was living with him on April 3rd at 7, Hanley Road, Holloway—he was a carver and gilder—he worked at our house—he was a steady, hard-working, respectable man—I left him about 12.40 p.m. on April 3rd—I had to go to the London Hospital—when I last saw him he was working in the ordinary way—Kingsdown Road would be the way my husband would come to meet me coming from the hospital—that would be a reason for his being in Kingsdown Road—in his room—I found an oil bottle, which would be an indication that he had been working that afternoon.
CHARLES DOLDON (Sergeant Y.) On April 25th I saw Stokes in Smith-field Market—I told him I should take him into custody on suspicion for being concerned with another man in knocking a man down in Kings-down Road, and thereby causing his death—he said, "I admit I was there, but I did not hold him up to be knocked down again"—I took him to the station—he said, "On Thursday the 3rd I was going down Holloway Road with a man named Waller, when Charles Powell and another man said to me, 'There is a man going down a woman's pocket at the corner of Kingsdown Road 'We were on the opposite side—Waller said,' I will try and get it back.' The man who had done this then went down Kings-down Road with the woman. We walked as far as Stanley Terrace, past the man and woman and stood round the corner. The man left the woman in Kingsdown Road, and was walking alone. Waller crossed the road to the man and stopped him and spoke to him. I do not know what he said. I then crossed the road, Waller said to the man, 'What have you got from the woman? give it her back.' The man told Waller to skip Waller said, 'You give her back what you have got and then you skip off.' The man said,' You can have a damper. Waller said,' I don't want that.' The man then struck Waller in the chest and said,' Have an up and down,' and asked me to hold his hat. I held his hat. Waller then took off his coat and said to me, 'Hold this, Jim.' I held his coat. They then went into the road together, they shaped up, Waller struck him and he fell. The man then asked me to pick him up, and I did so, and put him on his feet and stood on one side. The man put both his hands in front of him and
Waller struck him again, and the man fell again and the back of his head struck the road. I saw a policeman coming and we both ran away"—when I had given that evidence at the police court Stokes said, "That is quite correct"—on April 28th I saw Waller in Victoria Place, Kingsdown Road—I told him I should take him into custody for being concerned with a man named Stokes, already in custody, for knocking a man down in Kingsdown Road on April 3rd, and causing his death—he said, "I expected this; I was going to give myself up. A man had gone down a woman's pocket, I asked him to give back to the woman what he had stolen from her, we had a fight and he fell."
FRANK BARNES . I am house surgeon at the Great Northern Hospital—the deceased was admitted there on April 3rd—he was unconscious and suffering from some injury to the brain—he died on April 5th—I held a post mortem examination—he had a bruise on the left side of his head and underneath that, just over the ear, the skull was fractured and there was a hemorrhage—there were injuries to the brain on both sides, one of the blood vessels was ruptured and caused a large clot, that was removed by operation about twelve hours before death—the cause of death was injury to the brain from the fracture and hemorrhage on the brain—the bruise might be caused by a blow or by a fall, my opinion is that it was a blow and not a fall which caused death—the skull was rather a thin one and this was the thinnest part of it—he was a healthy man.
The Prisoners' Statements before the Magistrate. Stokes said: "No, sir, I call no witnesses"—Waller said: "After twenty-five past three I was going down Holloway Road with Stokes; we were stopped by two men; they told us that a woman had been robbed by George Pells. I stopped Pells and asked what he had taken from the woman's pocket,. He said,' You know your business and I know mine, so skip.' I said I would skip when he gave me what he had taken off the woman. He then said, 'You can have a drink.' I told him I did not want it, and then the deceased struck me. Stokes came across the road and deceased handed him his hat. Stokes said, 'Is it a fight?' The deceased said,' Yes, it is me and him.' I handed Stokes my coat and we had a spar. I struck him then and he fell. Stokes picked the man up the best way he could with one hand, and the deceased sparred at me again, and I struck him again, sending him to the ground. Seeing he did not rise we ran away."
Evidence for Stokes.
CHARLES POWELL . I am a labourer—on Thursday afternoon I was walking up Holloway Road—I have known the prisoners since they were children—a man named Bridges called my attention to a man and a woman—I saw the man with his hand in a woman's pocket—it was nothing to us, so I said, "Let us walk up the road"—we met the prisoners—Bridges said to Stokes, "Stokes, look at this"—he said, "Waller, come on, let us stop that"—they walked down Kingsdown Road and we went up Holloway Road.
Cross-examined. I am never in the prisoners' company—after April 3rd I did not see them till Stokes was out on bail—I did not know the
deceased—I did not see any man knocked down that day—I did not ask the woman if she had anything taken from her.
GEORGE HICKS . I am a baker's barrow-man—I was passing down Kingsdown Road with my barrow—I see three men in the middle of the road—Waller and the deceased seemed to be fighting—there was a bit of a struggle—Waller struck the man and he fell—Waller went off and I did not see no more.
GEORGE BRIDGES . I was walking up Holloway Road and I see this man and woman come out of a public-house—I see him put his hand in the woman's pocket—we went up behind them—the man had his arm round the woman's neck—Waller and Stokes came up to us and asked what was the matter—we said the man had his hand in the woman's pocket—we walked up the road and did not see no more of them—I did not stop the man from robbing the woman—I did not know he was robbing her.
Cross-examined. I do not know the prisoners, but I have seen them about.
Waller's Defence. "I thought I was only doing right in asking the man to give back what he had taken." GUILTY .STOKES†— Five years' penal servitude. WALLER†**,— Ten years' penal servitude.
Before J. A. Rentoul, Esq., K.C.
463. JOHN MORRIS (36), ROBERT RIX (34), and EMILY RIX , Conspiring together to obtain from such of the subjects of the King as should answer advertisements in the Bazaar. Exchange and Mart newspaper divers of their goods and chattels, and to cheat and defraud them thereof.
MR. MUIR, MR. BODKIN, and MR. KERSHAW Prosecuted, and MR. BURNIE
JAMES MURRAY FLEMING . I am secretary to the Bazaar, Exchange and Mart newspaper, 170, Strand—I produce two instructions for advertisements in that paper (Read): "Lady's Beeston Cycle, 55s. 6d., part exchange, Wilson, 8, Robin Hood Lane, Poplar, E." and "Gentleman's Rover Pneumatic, 25s. 6d., grand order, Burton, 80, Baalam Street, Plaistow, E."—I also produce both those advertisements as they appeared in the Bazaar, Exchange, and Mart on April 4th.
NELLIE CARVER . I am single and live at 13, College Street, Swindon, Wilts—I saw the advertisement relating to a lady's cycle in the Bazaar, Exchange and Mart, and I wrote in reply stating that I had a bearskin rug value £5, which I would exchange for that bicycle if it was in good
condition—I received this reply (Produced), stating that the bicycle was in first class condition and that my rug should be returned if I was not satisfied with the bicycle—believing the writer to be a lady named Wilson, and that she had a bicycle to sell, I sent this rug (Produced) and received this reply, stating that the writer was very disappointed with it, that it was not worth £1, but that if I would send a sovereign she would send the bicycle or return the rug—I then sent a money order for £1 post dated ten days—I received the money order back with a letter saying the machine would only be sent on receipt of cash—I then wrote and asked for the return of my rug at once, and in the meantime informed the police—I never received my rug back and heard nothing more of it until I heard from the police.
Cross-examined by MR. BURNIE. I sent my rug on April 7th.
ANNIE FIELD HOLDEN . I am wife of Albert Holden, of Blackburn, Lancashire—on April 4th I saw the advertisement (Produced) relating to a lady's bicycle, and I wrote offering £1 in cash and a violin and bow in case in exchange for the bicycle, and I received a reply stating that if I sent £1 and the violin and bow, the machine would be sent off at once—on April 10th I sent £1 and the violin and bow in case to Mrs. Wilson, 8, Robin Hood Lane—those are the violin and bow and case (Produced)—I received this letter (Produced) acknowledging the receipt of the violin and stating that the machine would be sent on the following Monday or Tuesday—not having received the machine I wrote again to Mrs. Wilson, but received no reply, and I then informed the police.
FRANCIS KEAST . I live at 445, Battersea Park Road—on April 4th I saw the advertisement relating to a gentleman's bicycle in the Exchange and Mart newspaper, and I wrote offering an air gun and a watch in exchange—I received this letter stating that if I sent them on, the machine would be sent on at once—these (Produced) are the articles I sent believing I should get the machine in exchange—the watch was marked "Glass, with care"—I received this letter stating that the articles were to hand and that the machine would be sent on the following Saturday evening—not having received the machine I wrote a letter to the address given in the advertisement, and it was returned through the post marked "Gone away."
ISABELLA BIGG . I live at 10, Robin Hood Lane, Poplar, and am the wife of Henry Edgar Bigg—my mother lives at No. 8, Robin Hood Lane, and keeps a tobacco and newspaper shop there, and I help her in the business—the female prisoner came into the shop about the end of February and asked if I would receive letters and parcels for which she would pay 1d. for each letter and 2d. for each parcel, and I agreed to do so—she gave the name of Wilson—I remember a parcel coming between February 8th and 10th, with the ends open, and I saw that it contained something similar to the rug produced—it was addressed to Mrs. Wilson—the female prisoner called for it and I gave it to her—I also remember another parcel coming about the same time containing the violin, bow and case produced also a registered letter, both addressed to Mrs. Wilson, and I handed them to the female prisoner when she called—she paid me 2d. each for the parcels
and 1d. for the letter, together with the receipt (Produced) for the registered letter, and took them away—she always came alone except that she carried a baby.
Cross-examined by Emily Rix. I certainly did not tell you that the shop was a receiving office for parcels, and that the usual charge was 2d. for each parcel and 1d. for each letter.
ANNIE WATTS . I am the wife of Thomas Watts, a confectioner, of 80, Baalam Street, Plaistow—in February a man called at our shop with reference to having letters addressed there and after that Emily Rix called for letters addressed in the name of Burton—I remember on one occasion a small parcel coming marked "Glass, with care," and the gun produced, addressed "L. Burton, 80, Balaam Street"—Emily Rix called for them and I handed them to her.
SAMUEL EDWARD FENN .—I assist William Carpenter, a pawnbroker, at 162, Brecon Road, Cannng Town—on April 10th the female prisoner pledged this air gun for 5s. in the name of Jane Burton, 16, Beckton Road, and I gave her this ticket (Produced).
ELIZABETH ROOKE . I am the wife of Edward Rooke, of 81, Beckton Road—the Rixes lodged at our house as Mr. and Mrs. Burton from March 19th to April 22nd—I recollect Emily Rix bringing the rug to me and saying she had taken it for a debt of £5 which had been owing to her—she also showed me the violin—I know Morris as having visited the Burtons five or six times—I never saw him bring or take away anything.
GEORGE ANDREWS . I am superintendent of the East Suffolk Police, stationed at Aylesworth—I produce our official property receipt-book, containing a receipt for 2s. 2 1/2 d., signed"J. R. Makings"—that is Robert Rix—he signed it in my presence.
GEORGE STANNARD . I am an inspector of the East Suffolk Constabulary stationed at Stowmarket—I know Robert Rix—I produce our official property receipt-book containing a receipt signed "Robert John Rix," and dated May 2nd, 1902—that was signed by Robert Rix in my presence.
JOHN-BROWN (770 K.) At 0.30 p.m., on April, 22nd, I was in Beckton Road, Canning Town, in plain clothes—I saw Morris carrying the bearskin rug—I stopped him and asked him where he got it from—he said, "I bought it '"—I said, "How much did you give for it?"—he said, "£2"—I said, "Where did you buy it?"—he said, "Off a chap named Burton.' I do not want to get into any trouble through him; he gave my little girl a violin, you can go to my house and take it, I will have nothing to do with it"—I took him to the station and searched him, and found on him £12 10s. in gold, 7s. 6d. silver, 2d. bronze, and three pawnbrokers' duplicates—this (Produced), relating to an air gun, is one of them.
WILLIAM CRIDLAND (Pie-examined). On April 22nd, at 10.30 p.m., from information received, I went to 20, Croydon Road, Plaistow, and at the back of No. 18. next door, I saw Robert Rix standing up against the wall, trying to hide himself—I got over the fence into No. 18 and said to him,
"I am a police officer, is your name Burton?"—he said, "Yes "'—I said "There is a man named Morris detained at Plaistow Police Station for being in the unlawful possession of a bearskin rug, do you know anything about it?"—he said, "Yes, if there is anything wrong with that rug it is me that has done it"—I said, "Will you accompany me to the station?" he said, "I suppose I will have to, now you have got me"—I took him into No. 20, and saw the violin, bow, and case, on the table—I said, "Who does that belong to?"—he said, "That is mine, I got it the same way as I got the rug"—on the way to the station, he said, "What I have done is for the sake of my wife and children"—I said, "Done what?"—he said, "If there is anything wrong with the rug it is me that has done it"—at the station he pointed to Morris and said, "That man had nothing to do with the rug, he only bought it of me and paid me for it; I got the violin in the same way as I got the rug"—they were then charged with the unlawful possession, and Rix said, "That man has nothing to do with it whatever, I am in the unlawful possession of them, not him"—Morris said nothing in answer to the charge—I then searched Rix, and found on him the silver watch produced, one key, one knife, one purse containing 10s. in gold and 3d. bronze, and several memos relating to the Exchange and Mart and other newspapers.
Cross-examined by MR. BURNIE. Rix did say, referring to Morris, "That man has nothing to do with it, I will put up with the consequences, he bought it of me," and he also said at that time he did it for the sake of his wife and children.
LEWIS LIDDLELOW (Detective Sergeant K.) On May 8th I had the female prisoner in custody in connection with another matter, and I read the warrant to her—she said, "I wish I had taken your advice, and then I should not have been in this trouble"—I had given her advice on numerous occasions from June, 1898, down to December last—I had advised her not to assist her husband in connection with these frauds.
Emily Rix in her defence on oath, said that she acted entirely under the instructions of her husband and did not know he was doing wrong, otherwise she would not have so acted.
GUILTY . Emily Rix was recommended to mercy by the Jury. Robert Rix then
PLEADED GUILTY to a conviction for misdemeanour at I pswich on January 21st. 1901, and Morris to a conviction of felony at Chelmsford on October 21st. 1896, as' Robert Morris Cooper, and one other conviction was proved against him.
MORRIS— Eighteen months' hard labour. ROBERT RIX— Twelve months' hard labour. EMILY RIX— One month in the second division.
MR. J. CAMPBELL Prosecuted.
ALFRED HENRY MOORE . I live at 165, Old Post Lane, East Ham—the prisoner came to me on May 9th last about 11 a.m.—he asked for the loan of a trap, saying he wanted to go to Stratford with it, and that it would be all right—he gave the name of Frederick Richards—I did not
know him at the address he gave me—I valued the trap at 50s.—there was no talk about selling the trap.
WILLIAM GIBSON . I am assistant to the prosecutor—I remember the prisoner coming to borrow a trap—I went round to the stables and took it out and handed it over to him—there was no horse—I do not know that he had borrowed the trap before.
JOSEPH MCMULLEN (Detective). I arrested the prisoner in Barking Road—I told him I had a warrant for his arrest for stealing a cart from Mr. Moore on May 9 th—he said, "I never stole the cart, Mr. Moore gave it to me to sell"—I took him to Forest Gate police station—he gave the prosecutor a wrong address and wrong name—I know his right address—his right name is Frederick Richards.
The prisoner, in his defence on oath, said that there was a question of sale between him and the prosecutor and that all over the sum of 25s. he could have, and that he had had no dealings with prosecutor before.
GUILTY *— Twelve months' hard labour.
Before Mr. Recorder.
MR. BIRON Prosecuted.
JOHN FERGUSON . I am a ship's fireman—last April I was out of employment, I was living at the Wave lodging house Victoria Dock Road—I had missed my ship—the prisoner lodged in the same house with me—he slept in the same room where there were about sixteen beds—I made his acquaintance about April 14th—I was at the Wave for about four nights—it is a common lodging house—I became rather pressed for money—I have a friend in Glasgow called Michael Brady—I wrote this letter to him on April 17th—the prisoner saw that letter—I do not think he rend it, but he put the address on the back of it where to send it back to because I am not a very good scholar—I did not know the name of the Wave then—he also put my friend's address on it—he took it away and posted it—I do not know if he paid the postage—I got an answer to it on the 19th and £1 10s. with it—it was sent to the Wave—the money was sent in a Scotch note and half a sovereign—this is Brady's letter to me asking why I had not written sooner—he is only a friend of mine, not a relative—I put the letter and envelope into my pocket book with my discharge book—I allowed the prisoner to read it—on April 24th I missed my discharge book, and also the letter and envelope—on April 25th I asked the prisoner if he knew anything about my discharge book—he said he had it in his pocket, that it and the letter had fallen out of my pocket when he was looking for tobacco—I did not know at that time that he had written a letter to Mr. Brady which was supposed to come from me, or that Mr. Brady had sent him a note—it is not true that I was locked up for drunkenness because I could not pay a 20s. fine—I did not give him any authority to write a letter to Michael Brady on my behalf—it is not true that I was placed in an awkward position, because
I had not got my book and contents which were worth £5—I first heard that the prisoner had been writing to Mr. Brady on Sunday, April 27th—we were out having a walk, we had a glass of ale—he said that there would be a letter for me at the Tidal Basin post office on Monday evening—that he had written to my people in Glasgow for money, and had thanked my people for the 30s.—that was the 30s. I had received on the 19th—I had not acknowledged the receipt of that money—I had not answered the letter—I told the prisoner he had no right to write without my permission—he asked me not to say anything and to allow him to go to the post office to get the money on the Monday morning if it had come—I did not give him that permission—he did not tell me that he had got a letter and 20s. from Mr. Brady—I went to the post office on the 28th—I was shown a receipt dated the 24th for a registered letter containing the 20s.—it was signed in my name, but not by me—I did not give the prisoner any authority to do that—I never received this letter and envelope containing the note—this letter to Mr. Brady is in the prisoner's writing.
Cross-examined by the Prisoner. I first met you on April 14th in the Albert Dock—I was introduced to you by a man named William Kirby—he accused me of robbing a shipmate of £7 on a voyage, but he did it as a mere joke—I saw you again on the 15th—I was not hard up then, I had 5s. which the chief engineer gave me, and 2s. which Kirby had given me—you did not pay for my bed—you made me go into a 4d. bed and kept 2d. out of the 6d.—next day I told you that I had some friends in Glasgow, and that if I wrote to them they would keep me for a twelve month—I asked you for a writing materials—I did not ask you to write the letter, you put the address on it—I did not stamp it because I had not a penny—a letter arrived at the Wave about 7.30 on the 19th—there was 30s. in it—I went out with you and asked you to accompany me to the Crystal Palace to see a football match—you refused because you had to go to work—I bet you 5s. to 1/2 d. that you would not go to work—I have not paid you the 5s.—you did go to work—when I saw you on the Monday you did not say I had treated you badly in going away and leaving you in the lurch—I did not say I had been drunk the whole time I was away—I had about 3s. when I came back—I did not go with you to your work at High Jetty on the 22nd—I did not ask you fur writing materials so that I could write again to my friends for more money—I did not ask you to write to my friends because my hand trembled so badly—you did not write a letter on the 22nd to my knowledge—you said to me on the 22nd. "If you like I will try and get you work," and you took me up to your foreman and asked him if he would give me work next day—I worked for three whole days—I do not suppose I should have got that work if it had not been for you—I did not say to you on the morning of the 24th that I was dying for a drink, or"I wonder if the letter has arrived yet"—I did not ask you to fetch it from the post office for me—you did not come back from the post office and say that they would not let you have it unless you could prove you were John Ferguson—I did not say, "Take my discharge book, that will be sufficient proof for them"—you did not come back and bring me two bottles of beer and 17s. 6d. and say you had
acknowledged the receipt of the 30s. by wire—I did not ask you on the Friday night to again write to my friends—I was not drunk during that week—you did not tell me there was no post on Sunday, and that the letter would not arrive until Monday morning—I did not go with you on the Monday morning to the post office—I was looking for work at the jetty—you cleared away and I did not see you again until that night—I went with you in the morning before eight o'clock as far as the iron bridge—you did not say it was too soon to go into the post office—I did not wait outside the post office while you asked for my letter—I did not meet you at 6 p.m. on April 28th in the Victoria Dock, and ask you if you had got the letter—I only saw you in the post office—you did not ask me if I had been for the letter, and I did not say"No, not likely, I should not be such a fool"—I was called into the post office by one of the officials—I had not a kit bag when I came off my ship—I did not say I had put my kit bag in some sailor's home, and that I had come away because I could not pay them—I did not ask you to write to Mr. Brady, because I wanted to get my bag and had no money to get it with.
MICHAEL BRADY . I live at 8, Anderson Street, Glasgow, and am a tram-driver—I know the prosecutor—I have known him some time as a friends—I remember receiving a letter frem him, dated April 17th, asking for assistance—I sent him 30s. in this registered letter—I received another letter written in pencil, dated April 21st—I believed it came from the prosecutor, and that he was in trouble—I sent him a Scotch note for 20s., and wrote him this letter (Stating that he was sorry to hear he was in trouble, that he had not heard if he (the prosecutor) had received the 30s. or not, that he could now only send £1 as that was all he could scrape together)—I then received a telegram saying he had received the £1, also the 30s.—I received another letter, dated April 24th in pencil, pretending to come from him, saying that he was in a very awkward position and wanting me to scrape up another £1—I saw there was a difference in the writing, but I thought the application was right enough, as I knew nobody in London except the prosecutor who would write to me for assistance.
WILLIAM HENRY LANYON . I live at 84, Cherston Avenue, Upton Park, and am a clerk in the Tidal Basin post office—the prisoner came in on April 24th, and asked for a registered letter addressed to "John Ferguson, Tidal Basin Post Office, till called for"—I said, "Are you John Ferguson"—he said, "Yes"—I said, "Can you prove your identity"—he said, "No"—I said, "The letter cannot be handed over to you until you can prove your identity"—he said he would bring papers to prove' his identity—he returned in half-an-hour and produced this seaman's discharge note-book and this registered envelope—I handed him the letter and obtained his receipt in the registered letter receipt-hook—I believed him to be John Ferguson—he did not make any suggestion that he was acting as John Ferguson's agent—he returned to the post office and presented a Scotch bank note for £1—he asked me to change it—I said I could not, but if he tried the pawnbroker's opposite the station they might do it for him—he then left the office—on April 28th Ferguson came in and asked for a letter—at that time certain matters had
come to my knowledge—I showed him the book—he said it was not his signature—I was not on duty when the prisoner was given into custody. Frank Addison. I am assistant to Goodman and Co., pawnbrokers in Victoria Dock Road—the prisoner came in on April 24th and asked me to change a Scotch note—I said, "Yes"—he produced this one, it is for 20s—I gave him 19s. 5d. for it—later in the day he came and redeemed two parcels—I knew him as a customer—he paid 2s. 1d. for the parcels—one was a shirt and one a jacket—he had pawned them in the name of Howard.
GEORGE JEREMIAH CONNOR . I am a clerk in the Tidal Basin post office—on April 28th the prisoner came to the office and asked if we had a registered letter in the name of Ferguson—I said no, but I asked him to call again at five o'clock—about six p.m. he came in, and again asked for a letter for John Ferguson—I said, "Are you John Ferguson?"—he replied "Yes"—I said to him again, "Are you John Ferguson?" and he again replied "Yes"—I produced our registered letter receipt-book, and said to him, "Did you receive a registered letter here on the 24th?—he said, "Yes"—I said, "Is that your signature?"—he said, "Yes"—I then confronted him with the prosecutor, and asked the prosecutor if he had any knowledge that the prisoner had received his letter—the prosecutor replied that he had no knowledge, nor had he given him any authority to receive it"—I called in the police.
Cross-examined. The prosecutor did not come into the post office with you—I produced him from another part of the building.
ERNEST COLLINGRIDGE (313 K.) On April 28th I was called into this post office—I saw the prisoner there—the post office officials told me they wished to give him into custody for obtaining a registered letter by fraud—I said to the prisoner, "You hear what this gentleman says"—he replied, "Yes, it is right I did have it"—I took him to the station—I searched him and found on him this registered letter dated April 23rd, and inside it a letter, a portion of which is torn off.
Cross-examined. When I was charging you the prosecutor did not say to you, "If you will give me a sovereign, Jack, I will square it."
The prisoner's statement before the Magistrate: "I have acted straightforward throughout in this case, simply as this man's agent, he was hard up without a penny. I found him a bed and food at least half-a-dozen times, and when he said his friends in Glasgow would keep him for twelve months, I found him the necessary materials to communicate with those friends, and when he asked me to finish his letter for him as a friend. I did it for him. I did not want anything out of the man. I do not deny I did fetch a letter for him from the Tidal Basin post office. I do not deny that I signed for the letter because I was simply acting on his behalf. I got him work. It does not hardly sound that I am stealing a letter or that I am acting in any way under false pretences, when I distinctly say and can prove that the man went with me to fetch the letter from the post office, and waited outside whilst I went in for it. Not being able to quench his insatiable thirst with an empty pocket he must go again by himself and thereby set the post office officials wondering as to two men coming
for the letter in the name of John Ferguson, and finding the questions they asked him, and being ignorant of post office regulations, he got frightened and turned round and gave his best friend into custody."
Evidence for the Defence.
HENRY BENISH MILLER . I live at 234. Victoria Dock Road—that is unfortunately a lodging-house—I am a ship's clerk—I first saw you at the Wave lodging-house—it was before I knew the prosecutor—I did not notice that you were very kind to him when you became associated with him—I did not see him feeding with you—on April 24th I had nothing to do in the dock and I asked you if I might fetch some beer in for you so as to earn a few pence—I went out to fetch it—I do not remember that on that occasion you said you had been to the post office—the prosecutor did not give me any money to pay for beer that morning—I did not see him drinking any beer—I do not know if I saw him there that morning.
Cross-examined. I went with the prisoner to the post office on April 23rd—he said he was expecting to receive a letter with some money in it—I understood him to say it was coming from his sister at Glasgow—when I went for the beer for him I signed an acknowledgment that I had received the beer—it was the customary thing as it was on credit—in a letter from Holloway the prisoner suggested that I should say that I had seen him hand the prosecutor some money—this is the letter (Read) "Holloway Prison, May 5th, 1902. Dear Millar, Just a few lines to you alone, privately, I mean no one is to know where your letter is from or what it contains. Well, it is just this. You know the trouble I am in, and something of the cause, and more than that it has just come to my mind that you can be a most important witness on my behalf on Wednesday next, at West Ham Police Court. You will only have a few words to say but they will be all important, and I will pay you your day's money and something besides. You remember last Thursday week, the 24th, being at D Jetty, and you remember meeting me against the Tidal Basin Dock Gates, when you were going in with five pints of beer. You asked me where I was going and I told you I was going to the post office for a registered letter, and when I returned don't you recollect standing close to where two men were marking off the teas, and you saw me hand the letter and money to Fergusson. You then said, 'Any more to give away?' and I told you it was his letter and money, not mine. Now, Mr. Millar, I feel certain you can remember this little incident if you try, and it is most important, because he swears he has not had the money or the letter, and you saw me hand both to him. I therefore ask you to please be at the West Ham Police Court on Wednesday morning at 10 a.m., and just answer these questions on my behalf, and you will do me a great service and one I shall not forget.—Your sincere friend, J. Howard."—I did not go to West Ham Police Court—I do not remember any such circumstances as those; they did not take place—I also got this letter from him, "May 21st 1902. Dear sir, I am informed by the prison officials that in answer to my application to you to attend my trial at the Old Bailey, on June 2nd, that you decline to do so. Now, sir, I have no wish
to appear hard or to threaten you in any way, but when I know that you saw me give Fergusson that money and letter on the 24th April, at D Jetty and when by only just saying so at my trial you can get me acquitted, I think it only right and just that you should attend, and I warn you that if you do not do so that I still hold your handwriting forging my name for five pints of ale obtained from Mr. Ernest Payne on the same date, also that the same ale is not yet paid for and a word by me and you will be most probably where I am now. I enclose herewith copy of your order in my name to refresh your memory. Now, old friend, we have been friends you know and I have no wish to be anything else, so like a sensible man write me a line by return to say you will be my witness on June 2nd. You will not have half-a-dozen words to say, but it is most important that I should have you there. Awaiting your reply, I am, Sir, yours respectfully, John N. Howard."
The prisoner in his defence said that he had acted as a brother to the prosecutor, that he asked him repeatedly to write to his friends for money, that he had given the prosecutor change out of the£1 note, that he had never received a penny from him, and that he only acted as his friend's messenger.
GUILTY . He then pleaded guilty to a conviction of felony at Derby Assizes on February 26th, 1808. Eighteen months' hard labour.
Before Mr. Justice Grantham.
MR. W. B. CAMPBELL Prosecuted.
Upon the evidence of Dr. James Scott the medical officer of Holloway, Gaol, the Jury found the prisoner of unsound mind and unable to plead. To he detained during His Majesty's pleasure.
Before Mr. Common Sergeant.
Before Mr. Recorder.
MR. ELLIOTT and MR. LUSHINGTON Prosecuted.
STRATFORD CANNING ROBERTS . I live at 87, Lambeth Palace Road, and was formerly in the Bengal Civil Service—on February 1st I was a passenger from Addison Road Station to Bexhill—I changed trains at Clapham Junction, when I missed a leather suit-case; it contained two bank pass books, a small red book, some collars and cuffs, and about twenty-one books and other articles—I communicated with the railway authorites—I have not seen the case again—I have seen some of the contents—these collars (Produced) bear my initials—they are rather soiled—I think they were quite clean when I put them into the bag—the value of the case was about £3—my initials were on it.
ALFRED FOSTER . I am a porter at Addison Road Station, on the West London Extension Railway—at 6 p.m. on February 1st I labelled a suit-case and other articles for Bexhill—I do not remember the suit-case—I put them into the 6.8 train for Clapham Junction—it was a North-Western train.
GEORGE EWBANK . I am a porter at Clapham Junction, on the London, Brighton and South Coast Railway—on February 1st I met a train coming to No. 9 platform—I took some luggage to No. 6—something was said to me about some other luggage—I searched for it but could not find it.
HELENA BRAY . I live at 508, Wandsworth Road with my mother—on October 11th last the prisoner engaged a room at our house in the name of Fletcher—he remained with us till February 13th—on February 1st, about 9 p.m., I saw a bag in his room with S. C. R. on it—that was the first time I saw it—the prisoner said it belonged to the fighting man Ross—I saw some collars in the room with the same initials on them—the prisoner had been wearing them—I noticed the collars two or three days after he had the bag there—he took the case away on February 3rd—I never saw it again—on February 14th I was making the bed—I saw this small-red book (Produced) under the mattress, and on the following morning I found the articles which have been identified by the prosecutor—they were in the drawer in the front room which the prisoner occupied—I gave information to the police—on May 3rd I was in the Wandsworth Road—I saw the prisoner and he was arrested.
ROBERT EBBAGE (Detective Sergeant.) I received this property from the last witness—on May 3rd I saw the prisoner detained at the Clapham Police Station—in answer to the charge he said, "I only received them, my wife pawned some things, but she knows nothing about it."
GEORGE BRADCOCK (Sergeant M.) I am on special duty on the London, Brighton and South Coast Railway—on May 4th I charged the prisoner with stealing a suit-case—he replied, "All right"—shortly afterwards he told me that he sold the case at Wilton Road, Pimlico, to a dealer for 10s. and that it contained a collar-box and a pair of shoes at the time—I could not obtain the case as it had been disposed of—it was not a pawnbroker's shop.
The prisoners befence. "This bag I got off two fellows the same night, on February 1st; I did not know it was stolen; I bought it off these two fellows; I told the police all about it."
Five years' penal servitude on the bigamy indictment and eighteen months, on the indictment for stealing, to run concurrently.
MR. MACMAHON Prosecuted.
(The evidence was interpreted to the prisoner.)
ADA RUMBLE . I live at 6, Bromwell Gardens, Clapham Common, and with my mother and sister carry on a boarding-house there—from April 6th the prisoner was in our employment as indoor servant—there were no other servants in the house—the only occupants of the house were my mother, my sister, myself, and a gentleman lodger, named Mr. Nicholls—on May 21st the prisoner was out in the evening for some hours—that same night we missed seven spoons and eight forks, and in the morning we missed a cash-box from my mother's bedroom—it may have contained a little money—it had some papers in it—we sent for a detective—the prisoner returned the same night and wanted to leave next morning—he had told my sister that he wished to leave—the property has not been discovered—the prisoner came down next morning at 7 a.m., dressed ready to go away, and he had his portmanteau packed—we kept him until a policeman came.
By the COURT. He spoke a little English—we made him understand by signs—we did not tell him he would be charged till the detective came.
EVA RUMBLE . I am the sister of the last witness, and live in the same house—on May 17th the prisoner said he wanted to leave and get a better situation, and on May 21st he went out to see about one—that evening Mr. Nicholls missed a coat, and then after the prisoner returned we missed some silver—he said he wished to leave next morning at 8.45—he had previously said he would stay about eighteen months.
By the JURY. We did not have any character with him—we kept part of the silver in the plate basket and part in the dresser—there is a back entrance—you can get into the kitchen without going through the house. By the COURT. We heard of the prisoner through an agency—our doctor persuaded us to try a foreigner, as we could not get a female servant—we do not sit in the kitchen, but we are constantly in there—we should hear if anyone is in the kitchen—when we are in the parlour we generally lock the back door—my sister last saw the forks and spoons safe, I think, on the 15th—when the prisoner went out the back door was locked—the cash-box was kept in my mother's bedroom.
ADA RUMBLE (Re-examined). I last saw these forks and spoons on the 13th—only part of them were in vise—there are three stories to the house—my mother's bedroom was on the top floor—the prisoner slept on the same floor.
ALFRED COLLINS (Detective V.). On May 22nd I was called to this house—I saw the prisoner and charged him with stealing the articles—he said in English. "Me not take them"—he produced his bag and emptied it—I found nothing in it except his own wearing apparel—he turned his
pockets out—he had a few personal things in them, and a loaded six-chambered revolver, which he handed to me.
By the JURY. I think the revolver has been used.
The Prisoner's Statement before the Magistrate. "I would like you" to look out everything to see who has taken the things; I will say on oath that I never took the things, and if you write to my town in Germany they will tell you I have never been in a police court before."
EVA RUMBLE (Re-examined by the COURT). I did not see the prisoner go out on the 21st—I was at home, but in the dining-room—my sister was away—Mr. Nicholls was not in—he goes to business in the City, and returns about 6 p.m.—I do not know if the prisoner had a parcel when he went out—I "fastened the back door soon after he had gone—I opened the front door for him when he returned—the cash-box was kept in a secretaire in my mother's bedroom.
ADA RUMBLE . We missed the cash-box at 8 a.m.—the secretaire was not kept locked—there was no need for the prisoner to go into my mother's bedroom, but he had access to all the rooms—if a person came into the house and went upstairs he would have to pass the parlour where my mother would be sitting.
The prisoner, in his defence, said that he had procured permission from the police at Heidelberg to carry a revolver, and that such permission was only granted to persons of good character; that he had obtained a better situation, and went out to arrange about it; that he did not know anything about the stolen articles, and had not taken them.
NOT GUILTY .
MR. MACMAHON, for the Prosecution, offered no evidence.
NOT GUILTY .
Before Mr. Justice Grantham.
473. FREDERICK WATERS (16), PLEADED GUILTY to carnally knowing Edith Staples, a girl under the age of thirteen years. Discharged on recognisances, on the understanding that his father was to give him a thrashing.
MR. STEPHENSON and MR. MURPHY Prosecuted and MR. WARBURTON and MR. JELF Defended.
ADA GEORGINA DARVILLE . I am the wife of John Darville—the deceased was my sister and the prisoner's wife—they lived together at 166, New Road, Battersea—he was a marine store dealer—they had five children, the oldest was nine years and the youngest seven months—the prisoner
left the deceased when they had only two children, and they were living apart from January this year to about April 5th—I do not know how long they had been living together before January—on one occasion he went away for six months—I do not know where he went to—the deceased then came and lived with me and brought her two children, then he came back, and as far as I know from that time they lived together—I do not know how long they had been in Battersea—I do not know why they parted—when he left her in January she came and lived with me on a Wednesday and moved to High Street. Battersea on the Monday—he remained in his shop in the New Road—when she left him and came to me she had her children with her—she told me her husband was going to allow her £1 a week—I saw her in St. Thomas's Hospital, and remained with her till she died on April 29th.
Cross-examined. I live a good distance from the deceased—she only came to live with me once—while she was with me the prisoner did not contribute to her support—she did not know where he was—I have heard since that they were not married then—I always thought they were married—only one child has been born since they were married—I was married when she came to live with me—the deceased was a tall, strong, and active woman—I know nothing about her temper—she was not broad.
ROBERT WILLIAM FRYAT . I am manager of the Duchess of York in the Battersea Park Road, and about. 300 or 400 yards from the prisoner's house—I have known him and his wife about three years—on Saturday, April 12th. I saw the prisoner in the public house about 1.30—he remained there till a few minutes before four—he was drinking Hollands gin—he may have had twopennyworth, he may have had four—a little boy came into the bar selling penny toys—the prisoner said to the lad, "Take half a dozen round to my shop"—the lad went out, and a few minutes afterwards the deceased came in with the lad—that was about 3.50—the deceased said, "Frank, did you send this boy with the toys"—he said, "Yes pay for them"—she said, "I have only fourpence, Frank"—she borrowed twopence from someone in the bar and paid the boy—I did not see the toys—they both went away a few minutes before four—there was no quarrel between them and they seemed on friendly terms—the deceased did not have anything to drink while she was in the public house—I think they were both sober.
JANE NASH . I am the wife of James Nash, and live at 169, New Road, Battersea that is immediately opposite 166, which was occupied by the prisoner and his wife—I knew them as neighbours—about 4.15 p.m. on April 12th I was standing at my door—the deceased came over to me with a little boy from her shop—she was perfectly sober—she spoke to me, and then she went towards the Battersea Park Road—I saw her turn the corner to the left—in about five or eight minutes I saw her coming back with the prisoner—they were on my side of the road—she left him outside the blacksmith's shop and went over to Blunts, the greengrocers, at 192—the prisoner came straight home, on my side of the way, until he got to the lamp-post, which is just before he got to my house, then he crossed over to
his shop—I saw his daughter Alice sitting on the doorstep nursing the baby Sammy—Alice is about seven years and Sammy about seven months—her little brother Jack was sitting at her side—the prisoner said to Alice, "Take that kid upstairs, and you too, Jack"—the children went straight upstairs, and the prisoner stood in a lounging position in the doorway—he then came out of his shop and went towards Battersea Park Road again—I saw the deceased coming from the greengrocer's shop towards the prisoner, who turned round and walked back towards his shop—the deceased came on behind him—the prisoner went into the shop and stamped his feet—the deceased was standing in the doorway—the prisoner said, "Go upstairs"—he was just inside the door then—she said "No, you go"—he spoke loudly and crossly—he said again, "Go upstairs," and she said "No"—I then saw him give her a blow like that on the left side of her head with a hammer which he had in his right hand—she was facing him—I had not seen him pick the hammer up—she fell immediately down flat on her back in the street with her head to the kerb and her feet to the doorstep—the prisoner came outside with the hammer in his hand and repeated the blows four or five times, raising the hammer above his head each time while she lay on the ground—he struck her on the top of her head—she had taken her hat off when the prisoner told her to go up—she had some oranges in her left hand and her hat in her right—I went and spoke to my husband and then came back immediately—the prisoner called out,"Nash, come and help me"—the deceased never said a word while she was being beaten—the prisoner threw his coat, which he had over his arm, over his wife's face, and he had his hand in the letter-box pulling the door to behind him—he said, "Hide her for the children's sake"—I then went indoors and my husband came in and shut the door—I heard a police whistle being blown.
Cross-examined. When they went into their shop they seemed quite friendly—I could not see what took place in their own shop—I could not see right into the shop, but I could see the deceased—there is one step up to the shop—they were in the shop about five minutes—the prisoner was standing by the scales—I was watching my children—I spoke to the deceased occasionally—the only time she lent me money was when I sent over once to get change and she had not got it, and she said "How much do you want?" and she lent it to me—she has not lent me money on a good many occasions, and the prisoner has not remonstrated about it—I have never been unfriendly with the prisoner or with his wife—they had had frequent quarrels—she was a tall, powerful woman—I have seen her excited, but I cannot say if it was with drink—on this day neither of them seemed to be the worse for drink.
NELLIE HAYES . I am the wife of Lawrence Hayes, a labourer, of 32, Corunna Road, Battersea—I knew the deceased by sight—I saw her on April 12th in Mrs. Blunt's shop at 192, New Road—I went into the shop with her—she was crying—she bought some oranges—she left the shop and went towards her home—I went out about a minute afterwards and crossed over the street—I saw the deceased walking down the road—I did not look again until I got by a lamp-post, when I saw her in her doorway—I saw the prisoner's arm come down and strike the deceased on the left side
of her head—she fell down on the pavement with her head towards the kerb and her feet to the door—the prisoner stepped down from the doorstep and walked down the left-hand side of the woman towards her head and struck her another blow with the hammer—I did not see him strike her more than once while she was on the ground because I shut my eyes—when I looked again the prisoner was just throwing the hammer away. This (Produced) is the hammer—he threw up his hands and walked to the shop door and kept calling to somebody to come and help—I rushed into the shop next door to the prisoner's—I came out again and saw the prisoner throw a coat over the deceased's head—he said, "Hide her for the children's sake."
Cross-examined. There was no time for anyone to go to the rescue; it was all over very quickly—I only shut my eyes for a moment because I felt faint.
THOMAS TAYLOR . I am thirteen—last April I was living at 104, New Road, Battersea—I knew the deceased and the prisoner—about 4.30 p.m. on April 12th I was standing outside 176, New Road, I see the prisoner and the deceased standing on their step—the prisoner hit the deceased on the head with a hammer—she fell down, and he hit her about five times while she was on the ground, and he struck her about five blows while she was standing up—the prisoner put the hammer on the steps when the deceased fell—this is the hammer—the children were on the doorstep crying—the prisoner pushed them inside and went in himself—the children were not on the doorstep when the prisoner first struck the deceased—I saw him take his coat off and put it over the deceased's head—he said, "She is done for, she is dead"—he went in then and shut the door—I went for a doctor.
Cross-examined. I am quite sure there were four or five blows struck before the deceased fell—my attention was called by a scream—I did not see what happened before that—the deceased was not striking at the prisoner while he was striking at her—I did not see a scuffle for the hammer—she did not raise her arms at all.
Re-examined. I was five doors off—if they had been struggling together I should have seen it—I saw the prisoner hit her eight or ten times altogether.
JAMES OXTON . I am thirteen, and live at 19, Egis Grove, Battersea—on the afternoon of April 12th I was outside 158, New Road—I heard a scream—I looked towards the prisoner's shop—I saw him hitting the deceased with a hammer on the right side of her head—she was lying down—he hit her five times—he put the hammer down and then took it up again and gave her several blows on the other side of her head—altogether he gave her about ten—he then shouted out, "Help, help! she is done for she is dead!"—he took his overcoat off and put it over her head—the blows were all given one after another, but not quickly—if took about three minutes—when he put the hammer down he stood looking at the deceased, and then he picked it up and gave her some more blows—eventually he went inside the house and shut the door—a constable came up and blew his whistle.
Cross-examined. I had been into the shop before—I had seen the hammer; it used to lie on the counter near the scales.
EDWARD MARTIN (747 W.) I was on duty on April 12th in the Battersea Park Road—about 4.50 p.m. I received a call to go to New Road—I saw the deceased lying on the path outside 166, New Road—her feet were towards the door and her head, which was in a pool of blood, was towards the kerb—I saw this hammer lying about a yard from her left side—there were blows on her head—the people outside said, "He is inside"—I burst the door open with the hammer—the prisoner was standing just inside with about five children—I took him outside—he said, "Let me kiss her"—he bent over her and then said, "Now take me"—another constable came up and took the prisoner—a doctor came—there was blood on the hammer.
Cross-examined. I did not know the deceased at all—I cannot say if the police have had any trouble with her at any time—I have not heard of any violence on her part reported at the station.
ALFRED BRAGG (400 W.) I went to New Road about 5 p.m. on April 12th—I found the prisoner in the custody of the last witness—I took him to the station—he talked to himself on the way; he did not say anything to me—he kept mentioning his children to himself.
Cross-examined. It was not quite a quarter of a mile to the station—I did not hear the word" wife" mentioned—he gave me the appearance of a man who had been drinking—I should think he had lost control of himself.
By the COURT. I think he had been drinking heavily—he smelt of drink—he could walk all right—it was because he smelt of drink that I thought he had been drinking—I thought he had been drinking by the smell.
ROBERT EBBEGE (Detective Sergeant) I searched the prisoner when he was brought to the station on April 12th—he made a statement, which I took down and read over to him—he said, "Is she dead? Let me know the worst. I hit her with the hammer and then my little kids came round. When I saw what I had done I took my coat off and put it over her head. Make the worst of it."
BENJAMIN AARON (Inspector). I saw the prisoner at Battersea Park Road police station on the evening of April 12th—I charged him with attempting to murder his wife—I read the charge over to him—he made no reply—I said to him, "You are charged with a very serious offence, do you fully understand it?"—he made no reply to that, but nodded his head—I said, "Am I to understand by that that you mean yes?"—he said, "Yes"—I charged him with the wilful murder of his wife on May 7th—the charge was read over to him—he made no reply—he appeared on remand several times at the police court.
Cross-examined. I have heard that the deceased quarrelled with her husband—she was charged on one occasion with disorderly conduct, and I think she was fined 10s. 6d.—I am told she is a woman who drank occasionally—it was a very frequent thing for her to quarrel with her husband—I have never heard of her fighting with other people.
Re-examined. They both drank sometimes.
Battersea Park Road—about 5.10 p.m. on April 12th I was called to New Road—I saw the deceased lying on her back on the pavement outside No. 166—her feet were towards the door-step, and her head towards the kerb—there was a large wound on the left side of her head—she was unconscious—a light brown overcoat was thrown partially over her head, and there was much blood on the pavement—I had her carried upstairs, where I examined her further—I found a number of wounds upon her head—they were circular, blunt cuts, deeper at one side than at the other—there was a large wound just above the left side of the forehead, consisting of four or five separate wounds merged into one—there were six other wounds on various parts of the head, all through the scalp down to the bone—I think that at least ten separate blows were struck—the wounds could be caused by this hammer—there was a lot of dark hair stained with blood hanging from it when I saw it in the constable's hand—I dressed the woman's wounds, and had her taken to the hospital—she did not smell of alcohol.
Cross-examined. I attended the prisoner for some scalp wounds—it may have been about October last—I should not call them serious wounds—I do not know how long he was in bed—they had not been properly attended to, that is why they were serious—the deceased did not say anything to me about them—I do not know how they were caused—many things might have caused them—the deceased did not tell me that she had caused them.
BERTRAM SEYMOUR JONES . I am a registered medical practitioner and house surgeon at St. Thomas's Hospital—the deceased was admitted there at 6.15 p.m. on April 12th—she was in a semi-conscious condition—I made an examination of her, and, owing to the serious nature of the injuries, I at once admitted her—she was operated upon about one hour after her admission—she was suffering from two compound compressed fractures of the skull—the fractured bone pressed on the skull—her head was shaved, and there were ten scalp wounds, and the two compound compressed fractures there—we removed about three square inches of bone—the symptoms of brain irritation subsided after the operation, and her health improved—she was unable to have any conversation with anyone, but she showed signs of intelligence—on the 28th her temperature began to rise, and I observed symptoms of an abscess on the brain—she died at 3.30 p.m. on April 29th—I made a post-mortem examination—I found ten lacerated scalp wounds on the head, one behind the ear, 1 1/2 inches long, one over the forehead about 1 inch in extent, one over the right vertex, and several scattered over a small area of 5 inches in extent—nine of them had healed up with one exception, that one had suppurated or become poisoned, and had laid the foundation to this abscess in the brain which resulted in her death—I think extreme violence must have been used to inflict the wounds—she was a healthy woman—there was no pathological evidence of any alcoholic history—I should say she was a sober woman.
Cross-examined. I should say she was about 5 feet 8 inches or 9 inches—she was not a strong muscular woman—she was rather thin, but tall.
By the COURT. She got over all the injuries with this one exception—she would have lived if it had not been for the wound on the forehead.
Cross-examined. The deceased only received one blow which was on the left side of her head before she fell.
The prisoner, in his defence on oath, said that he was very fond of his wife; that after he married her she had violent outbursts of temper; that if she touched the drink she seemed to go out of her mind; that when she came to the shop on April 12th he saw she had been drinking; that he told her she should not have any more drink, and to go upstairs; that she said she would not, and said she was going out; that he tried to force her upstairs; that they had a struggle; that he saw she had the hammer that he took it away from her; that she fell towards the door; that what happened afterwards he could not remember; that he did not recollect striking his wife, but that he remembered seeing her on the pavement afterwards
GUILTY . Death.
ADJOURNED TO MONDAY, JUNE 30TH, 1902.
SUPPLEMENT TO THE SEVENTH SESSION.
The following are the cases omitted from the Seventh Session, owing to the illness of the shorthand writer who took the notes:—
Tuesday, May 6th, 1902.
Before Mr. Common Serjeant.
MR. BODKIN Prosecuted.
JEREMIAH PLEADED GUILTY to five indictments. No evidence was offered against
ANNIE— NOT GUILTY .
JEREMIAH— Eighteen months' hard labour.
NEW COURT.—Wednesday, May 7th, 1902. Before Mr. Recorder.
PLEADED GUILTY .
No evidence was offered against Rendal— NOT GUILTY . Coggins received an excellent character. Discharged ,
Tuesday, May 13th, 1902, Before Mr. Justice Ridley.
THOMAS BROWN (Cross-examined by MR. ELLIOTT). I heard it stated at the police court that Devenport had said that he had seen these 200 notes produced from the sideboard—I did not hear Fry state it—I think Devenport said it—I came into the matter through Devenport on February 3rd—I did not then know of the matter being on with I my Cohen—I learnt about it a fortnight afterwards—at that time I did not know Gibbons was concerned in the matter—I was in the Crown with Fry, Devenport, Gibbons, and Wyndham—Wyndham said to Fry, "Fry, tell us what this is all about"—Gibbons said, "I do not understand how any man can possibly do with such a large parcel of notes, there is sure to be a row sooner or later, and what is he going to say if he is asked where he got them from. I have not yet heard of any scheme as to the delivery of the notes, their examination and payment which, in my opinion, is safe and practical, and I look upon the whole business with the gravest suspicion"—the number of the notes to be delivered was 1,150—the prices for the notes were, first 30s., then 35s., and then £2—the 1,150 notes were to be sold to Fry's principal for £3,162 10s., which worked out at £2 15s. per note—I do not remember whether I had twenty-three notes to add to the 1,150—looking at this pocket book (Produced) £1,552 10s. was the purchase price of the notes—the profit was £1,685, which was to be distributed between Devenport, Fry, and myself—the £1,552 10s. was worked out upon the basis of the purchase price of the notes being 27s. per note.
ROBERT HERBERT JACK . I am an assistant to Messrs. Bull, pawnbrokers in Bishopgate Street—I know the last witness, Thomas Brown but not by that name—on February 5th he pledged a diamond stud and ring for £26, in the name of William White—I may have paid the £26 in notes or gold, but I do not remember—we keep no record of our notes.
Cross-examined. I only know him by the name of White—the articles were redeemed on February 8th, but whether by the same man I do not know.
HENRY SCOTT . I am the manager of the Prince of Wales, Old Street, Shoreditch—I have known the prisoner Tom Brown for some time, prior to February 4th this year—on that date he wanted a loan of £15 which I lent him, giving him a cheque upon my banker—I think he was accompanied by Devenport—on the 5th, accompanied by Devenport, he again came to my house, and repaid me the loan in £5 notes, and the balance in gold.
5th I remember some men coming in in the evening and asking for some drinks—one of them gave what purported to be a £5 note—I cannot say who they were—at the Mansion House I picked out a man, but I cannot say it was the man, though I thought it was—I took for the drinks out of the note, and the man who gave me the note took the change from the counter—I had given the note to the waiter to change.
WILHELM KOENIG . I am a waiter at the Tivoli—early in February Miss Wilkinson handed me what purported to be a £5 note to get change—I handed it to the cashier—the proprietor banks at the City Branch of the London and City Bank.
CHARLES PERCY MYERS . I am a cashier at the London and City Bank—the proprietor of the Tivoli has an account at the City branch—on February 6th a piece of paper purporting to be a £5 note No. E/74 88505, dated January, 1900, was paid into the account—in the ordinary course it was paid through the head office of the Bank to the Bank of England, and was then detained as a forgery.
DENNIS WALSH . I am the manager at Mooney's, High Holborn—on February 5th I took a piece of paper over the bar in the evening like the one produced from one of four men—it was given in payment for drinks and cigarettes for which I gave change—Devenport to the best of my belief was one of the men—on the Friday following I gave it to a messenger from the Central London Railway who sent for £5 in exchange for coppers—subsequently I received a communication that the note was a forgery, and have had to repay the amount to the Central London Railway.
THOMAS GLENCROSS . I am a clerk in the telegraph department of the General Post Office, and I produce three telegrams dispatched and delivered respectively on February 8th, 20th, and March 8th this year.
ALFRED FRANCIS (Police Officer). Between February 19th and March 8th I was acting as telephone clerk at the head office, Old Jewry—I received a considerable number of telephones from "Good," and also between the same dates from Sammes—I cannot give details as they are confidential, but I can give the times they came through if required.
CHARLES ATKINS (Detective, City). On February 13th I received certain instructions from my superior officers, and from that date I began to keep observation upon certain persons, and I have kept a record of my observations—on the evening of February 13th, about six o'clock, I was at Liverpool Street Station with Davidson, Sager, and Fitzgerald—Fry was pointed out to me, and he was shortly after joined by a man I know now to be Devenport—they stood talking for some time and then went and sat down on one of the seats—they then after a little time left the station and both went into the Liverpool Tavern where they had drinks—they then went up Old Broad Street—Devenport went into Ward's the hosier's, where he bought a pair of gloves, Fry remaining outside—they then went into Bishopsgate Street and parted—Devenport got on an omnibus, Fitzgerald and myself following him—he got off at the Monument Tavern—he
then met a man whom I afterwards knew as Imey Cohen—they both went into the Monument Tavern, came out, and parted—Devenport then got on to a 'bus and got off at Liverpool Street—he went into Liverpool Street station where he again met Fry—they remained together a little time sitting on one of the seats talking—they then went into Bishopsgate Street and into Smith's fish shop where they had refreshment—they remained there a little time—they then parted and I followed Devenport home to Waltham-stow—on February 17th I watched Devenport's house—I saw Fry leave the house about twelve noon with Devenport—they went to the Peacock in the Minories where they dined—they were joined first by two men and then by three—Devenport shook hands with one of the men and called him "Morris"—I spent the afternoon in watching three of the men—on the following day, the 18th. I saw Devenport leave his house at 11.30—he went to Liverpool Street and from there by the Underground to the Monument, where after waiting some time he met Thomas Brown-after talking some time Devenport left Brown and went into the White Bear public house and came out with Fry—they rejoined Brown and after talking for some considerable time they walked over London Bridge into the London Bridge Station of the City and South London Railway—they took the train to Kennington and got out and walked into Kennington Road where they got on a tram—Devenport after riding some distance got off and went into 189, Kennington Road—Fry and Brown went into the Ship public house—Devenport after remaining a few minutes at No. Kennington Road, came out and joined Fry and Brown in the Ship—I followed them, and they went back to the Peacock—Fry left there about 3.45 and went up the Minories—about 6.15 Devenport and Brown left the Peacock, took a 'bus to the Bank, and then the train to Kennington Road walked down the Kennington Park Road, and went into a shop—they came out and got on a 'bus going up the Kennington Road—they got off opposite No. 189, Devenport going into the house, Brown remaining outside—Devenport was in there about two minutes and came out with a man whom I had previously seen with him and whom I believe to be Imey Cohen—they then joined Brown—later on they went to the post-office in the Walworth Road—they parted at Amelia Street, Imey Cohen going towards Kennington Road—we followed them to the post-office in Walworth Road where Brown wrote a note which Devenport put into an envelope put a stamp upon it and posted it—eventually they went back to the Peacock after Brown had visited 224. Old Kent Road, Devenport remaining outside—on February 19th, Wednesday. Nash went towards St. James Street Station, came back with Brown and they went to Devenport's address—Nash came out of the house and returned with a horse and trap into which Devenport and Brown got driving in the direction of the Lea Bridge Hotel—at 6.5 p.m. I was keeping watch on the Tower Bridge Hotel when I saw Devenport and Brown come from the direction of the Tower Bridge and enter the saloon bar—Devenport came out and went into each of the other bars and then again went back to where Brown was—about 6.20 Fry joined Devenport and Brown there—after being there some few minutes they came out and went to the Peacock public
house in the Minories—Devenport and Brown drove in the trap in the direction of Aldgate—I did not see Nash with them—the letter which Fry identified as being in the handwriting of Devenport, although said to be written by Imey Cohen was received upon February 19th—on February 20th I was in Chandos Street, Walthamstow, about 10 a.m., where Brown is supposed to live, but I did not see him leave the house—in consequence of instructions I received, I was outside the Tube Station at Shepherd's Bush about twelve noon—Brown waited there some time and walked from there to the District Railway Station, Shepherd's Bush, apparently looking about for some one—he rode back to the Tube Station and remained there till 1.20—he then took the train from there and got out at the Tottenham Court Road Station of the Tube, where he met Fry—both went into Pettit's public house, Oxford Street, and came out soon afterwards in company with Devenport—they went to the Bank, walked through the subway, and proceeded to the Oval Station—in Kennington Road they got on a 'bus and alighted opposite No. 189—Devenport went into 189, the others walking a little way on ahead—after about a minute and a half Devenport rejoined Brown and Fry—they all walked to the Westminster Bridge Road where they suddenly got on a 'bus—I got on the same one—Brown and Fry were outside and Devenport was inside—going over Westminster Bridge the conductor said to Brown, "A gentleman inside wants to see you"—when the 'bus got to the corner of Parliament Street, Devenport and Brown called to Fry to come down—we followed them into Victoria Street, and Fry suddenly left Devenport and Brown and motioned to me, and I went and spoke to him—on February 21st we were in Holborn close to 143, Holborn Bars—Devenport arrived there about 11 a.m., and Fry joined him soon after—Devenport went into 143—Brown came shortly afterwards and he went in—they both came out and joined Fry—Devenport and Fry left Brown then and went in the directon of Holborn—Brown; remained there—they came back soon afterwards and joined Brown—the three walked down to Farringdon Street Station and went to Moorgate Street on the Underground Railway—I alighted at Moorgate Street and I saw Brown alight from the train—he stood at the bottom of the stairs and I Devenport and Fry at the top—Brown and Devenport watched everybody who left the train—I passed by them—I followed them to Finsbury Market—Brown left Fry and Devenport, and after being away a few minutes came back and joined them—I know John's Place, Finsbury Square—Brown had an opportunity to go there for the purpose of making inquiries—on his return he rejoined his companions—they went to Bishopsgate Street—Devenport and Brown went to the Peacock where Fry joined them somewhat later in the day—about 4 p.m. I saw Devenport and Fry leave the Peacock and walk towards Aldgate Station taking the train to Farringdon Street where they got out—I followed them to 48, Rosoman Street, Clerkenwell, a barber's shop—exactly opposite there there is a public house called the Red Lion—they went in and remained there till 7.30—after leaving the barber's shop they returned to the Peacock—Brown was there—after a bit I saw Brown and Fry leave the Peacock—Devenport remained inside-Brown and Fry walked down Houndsditch—
as they were going down Houndsditch Brown suddenly left Fry and joined two men, one I knew as Imey Cohen—they went into Duke Street, Houndsditch, where they stood talking, and we left them there—we followed Fry back to the Peacock where Devenport still remained—after a short interval Brown came back with Imey Cohen—both went into the saloon bar and came out immediately afterwards with Devenport—they remained some time in conversation when Brown left and brought Fry out of the public house—on Fry joining them they remained some further time in conversation—Brown returned to the saloon bar of the Peacock leaving the others to carry on their conversation—they walked into St. John's Place and stood talking in the dark, and from there went into Crutched Friars where they stood talking—they walked through two or three streets into the Minories where Devenport left them—Fry and Cohen walked up the Minories to the top where they parted—Devenport had left them—on February 25th I was in Holborn opposite 143, about 10.30 a.m.—I saw Fry there and saw him speak to Mr. Smith, Mr. Kemp's clerk—they went into 143 came out, and went away—in the afternoon I saw Brown and Fry together—they entered 143 and came out with one of Mr. Kemp's men—on March 3rd about 10.30 a.m., I was in Holborn—Devenport was there about 11.5—I saw Fry there about 10.30—they went into 143, then came out, and got on a 'bus and went eastwards—at 11.40 Brown came there, entered 143, and remained till 12.15—in the Minories I saw Devenport, Brown, Fry, and a man named Levy—on the Monday, about 9 o'clock, Brown, Fry, Devenport, and Levy left the Peacock—I did not keep further observation—on the 4th, in consequence of information I received from Davidson I was in the Mile End Road, and kept observation on the Royal Hotel in Burdett Road—I saw Wyndham come out and join Fry and Brown—they had some conversation, and went back into the Royal Hotel—they came out, and Wyndham left Fry and Brown—Wyndham got on a tram going Citywards—Brown and Fry went down the Burdett Road to Burdett Road Station, where they waited some few minutes, when they were joined by Levy—they then walked to the Earl of Devon, Devon Row, Bow Common Lane—I saw Brown hand a note of Some kind to the landlord, who gave him some gold in exchange out of which he paid for drinks—Brown left Fry and Levy—they eventually made their way back to the Peacock, and remained till about 4 o'clock—Devenport was there—at 7.30 I kept observation on a wine shop called the Bodega, in Bedford Street, Strand—I saw Devenport, Brown, and Fry come from the direction of the Strand, and enter the Bodega—inside the Bodega I saw Hurley, another man, and a man named Maitland some little distance away—I know now that Maitland is in the employment of Hurley—the other man was about 36 or 38, fair moustache, and very fairly dressed—I did not know him—Hurley only remained a few minutes—then Devenport and Wyndham came out of the Bodega and joined Hurley and the other man—they stood talking some considerable time, quite half an hour—Hurley and his friend left Devenport and Wyndham, who went back into the Bodega—Hurley and his friend joined another man, and went into the public house opposite—
it was not Maitland—within a short time I saw Devenport, Brown, Fry, Wyndham and Gibbons come out of the Bodega—that was the first time 1 had seen Gibbons—they went to Daly's Theatre, where observation was withdrawn—on March 5th I kept observation at the Bodega or The Arches, Ludgate Hill—I saw Devenport come out and go in the direction of Fleet Street—I saw Brown sitting down in the Bodega—I saw Wyndham and the man whom I believe was with Hurley the night previous in Bedford Street—they entered the Bodega—there are three entrances to the Bodega—some time after I was in Pilgrim Street, which is the back entrance to the Bodega, and saw Hurley, Wyndham, and the other man leave—they went into Bridge Street, where they parted—Hurley, went up Fleet Street and Wyndham and the other man went towards Blackfriars Bridge—Devenport's horse and trap took him away later on—I went back and rejoined Davidson—that took me to Ludgate Hill where I saw Brown and Devenport leave the Bodega, go to the King Lud, and join Fry—after remaining some time they walked into New Bridge Street, in the direction of Imperial Buildings—Fry went in three times—they then got into the trap in Pilgrim Street, and drove towards Blackfriars Bridge—at 8 o'clock that evening I was at the Monument—Brown and Devenport drove up and met Fry—they went in the direction of London Bridge, and from there drove to the Peacock—on March 6th in the evening I was keeping observation on the Peacock—about 7 o'clock I saw Brown and Fry leave, and walk in the direction of Wormwood Street, where they parted—I spoke to Fry—next day I saw Devenport outside Smith's Restaurant in. Bishopsgate Street—he walked into Liverpool Street, where he met Hurley and another man—they stood talking some time, and then went to the Bull in Devonshire Street, Brown's old house—I was at the corner of Devonshire Street talking when Hurley left Devenport, and Devenport left the other man—Hurley went into Smith's Restaurant, Devenport staying outside apparently watching to see if anyone was about—then he crossed over to the corner of Houndsditch, and stood at the corner, apparently watching Smith's Restaurant—he went away down Houndsditch—Hurley came out of Smith's, and went to Aldgate Station, where he spoke to a man—the man went away, and brought back two other men—they stood talking—then Hurley left them, and went into the Three Nuns public house, Jewry Street, and into the saloon bar—he was joined shortly after by two of the men he had previously spoken to—they remained half an hour, and separated eventually at the top of Jewry Street, going in different directions—on March 7th observation was kept on Hurley's house—he went to his place of business at 9, Adam Street, Adelphi—on that afternoon I saw Fry at the Peacock—about 7 p.m. Devenport came—Brown came there shortly afterwards—Brown and Fry came out by themselves, and went to the telegraph office—on March 8th I saw Hurley leave his house about 11.50, at Durban House, 53, Mile End Road—he walked down to Bow Road, past Coborn Road—all of a sudden he turned and waved his hand to somebody, I could not say whom—there was no one about at all—as far as I could see he was not waving his hand to anybody in his own house—he was looking in the other direction
—he turned back again and walked down Coborn Road, looking back apparently to see whether he was being followed—he walked to the Morgan Arms, at the corner of Coborn Road and Morgan Street—Gibbons was outside—they spoke together—Gibbons handed a small parcel of some kind to Hurley—they both went into the Morgan Arms into the saloon bar remained some few minutes, came out and parted—Hurley went in the direction of Coborn Road Police Station—I followed him—Gibbons went in the direction of College Street—I lost sight of Hurley at the Coborn Road Station—about 3o' clock I saw Devenport come out of the Cannon Street Railway Station—Brown joined him—they went into the station and there met Fry—Devenport spoke to Fry. Brown standing on one side—the three of them joined and remained some little time in conversation at the buffet bar—about 5 o'clock Devenport and Fry left Cannon Street Station, going towards London Bridge—about 7 o'clock I was outside Coborn Road Station—I saw Devenport arrive—I saw him coming down the steps of the railway station from a train which had just come in—he came into the Coborn Road—he spoke to a police officer on point duty, named Bishop—I could not hear what he asked him but I heard Bishop say, "First on the right and second on the left"—Devenport followed those directions and stood at the corner of the first turning on the right looking down the street which is named Litchfield Street—College Street is the second turning on the left in Litchfield Street—a little later I saw Brown come from the direction of Litchfield Street and join Devenport—they stood talking for some time, when Brown left Devenport and crossed the road, going in the direction of Tredegar Road—I followed him—shortly after that I saw a four-wheeled cab drive up to the Coborn Road Station—I saw Brown cross the road and speak to Devenport, who went in the direction of the cab—I saw Brown hand a parcel of some kind to Devenport, who went towards the cab, but I could not see what he did—I saw Brown leave Devenport—I was keeping Brown under observation—I with Fitzgerald arrested him—we had instructions from Inspector Davidson—we took him to Cloak Lane Station, where Devenport was also taken—Brown made no statement on his arrest—on his arrival at the station, while waiting to be charged. Brown said to Devenport, "This is all through keeping your appointment at 7 o'clock"—shortly after Devenport turned to Brown and said, "Are these the two men?" referring to me and Fitzgerald, "that have been following us?"—Brown said, "Yes"—Devenport then made a movement with his head—that is all that Brown said in my hearing—at different times and at different dates I had been watching the operations of these men in company with Chief Inspector Davidson. Inspector Sager, and Constables Landy and Fitzgerald—Detective Collisson watched on one occasion—Davis did not watch with me.
Cross-examined by MR. KEMP. I now know Hurley to be a betting man—I know betting men spend a large portion of their time in public houses—the Bodega, in the Strand is not far from Hurley's place of business—March 4th was the first day that I saw Hurley outside the public house—saw no documents pass between him and any of the others, nor did I hear any conversation—I believe Maitland to be his clerk—Hurley spoke
to another man besides the men in the dock—I was watching Devenport and Brown—on the 8th I saw Hurley leave his house—on the first occasion I was examined I did say, "I believe Gibbons gave a parcel of some kind to Hurley"—I was not quite certain about it—what passed might be described as a letter—it passed not from Hurley to Gibbons, but from Gibbons to Hurley—I traced Hurley to Coborn Road station—he got out at some intervening station, where I do not know—I went to Liverpool Street, and did not see him there—the other prisoners were arrested upon March 8th—Hurley remained at his house at 53, Mile End Road, until he was arrested, I believe—he was arrested close to his house.
Cross-examined by MR. LEYCESTER. On March 3rd I followed Fry and Brown when they left the Peacock—they went into the Three Nuns—Devenport went into a barber's shop—I saw nothing of Freeman that night—the first time I saw Freeman in connection with this matter was on the morning of March 4th, at the Royal Hotel—I did not see him arrive there—I saw Brown and Fry arrive—they came separately—they remained outside, and all of a sudden Wyndham appeared—about 7.30 p.m. I started watching at the Bodega—I saw Freeman come out and join Hurley—I saw nothing of him at the Arches at Ludgate Hill.
Cross-examined by MR. LOCKWOOD. I remember on February 18th seeing Brown and Devenport in the Kennington Road—Brown wrote the note—Devenport put it into an envelope, put a stamp on it and posted it at Holland's post office and confectioner's shop.
Cross-examined by MR. ELLIOTT. I was outside the Morgan Arms on the morning of the 8th about twelve noon—I do not suggest that was a dark spot—Gibbons was standing outside the house—Hurley remained where he was and entered into conversation for two or three minutes—the handing of the little packet was very near the end of the conversation, and anyone passing might have seen it—I had no difficulty—it was openly done.
WILLIAM FITZGERALD (Detective Constable, City). In company with Atkins I kept observation upon a number of people in different places between February 13th and March 8th this year—observation was kept upon Fry and amongst others the four prisoners—I have heard the account given by Atkins as to the result of the observations, which is substantially accurate—I have my notes—on March 8th I was present at the meeting between Hurley and Gibbons outside the Morgan Arms—I met Hurley as he was coming down Coborn Road—he frequently looked back—he went into the Morgan Arms and met Gibbons—Atkins has given it all correctly.—I followed Gibbons from the Morgan Arms—he went to College Street, where he stood at the corner looking about—I was present when Brown was arrested, and I corroborate Atkins as to what was done and as to what Brown said—I was with Atkins on March 21st when Hurley was arrested, but I might mention one thing that occurred at the station when they were detained on March 8th—Devenport said after what Brown had said "This is what you get for getting these things. I was told I could get the money for the notes at the Bank of England if I could get some and then as soon as I get them this is what it comes to"—it was about half an hour
after the arrest that Devenport made that statement—I arrested Hurley—I saw him leave his place about twelve o'clock with another man—they went into Tradegar Square and as they left the house the other man kept looking back towards the house—I came alongside of Hurley and said, "Hurley"; he said, "Yes "; I said, "We are police officers, I am going to arrest you on the charge of being concerned with Devenport. Brown, Gibbons, Wyndham and Levy, in custody, in forging and uttering £5 Bank of England notes with intent to cheat and defraud the Governor and Company of the Bank of England "; he said, "I am as innocent as a new born baby of what you say; I know Fitzy and Wyndham," meaning Gibbons and Freeman. "everyone knows them who goes on the racecourse; I do not know Devenport and Brown; this is a serious thing for me: this will ruin my business; everyone knows about this at Leicester; we were reading about it in the papers there"—he was taken to the station and amongst the other things found on him were two cards bearing the name "H. Barker, 9. Adam Street, Strand"—that is where Hurley has an office as a betting and commission agent—there is more than one name outside those premises—there are "A. Hurley" and "H. Barker" one over the other—on the previous day to Hurley's arrest I kept observation from 10 to 1 and from 2 to 6 on his office, and I saw nothing of him on that day—I was outside the Bodega on the evening of March 4th and saw Hurley. Maitland, and the other man come up Bedford Street—I know Maitland to be in Hurley's employ—I have seen him in and out of the office in Adam Street—I kept observation the next day and saw Hurley go into the Bodega, and Brown, Wyndham, and another man whom I believe to be Gibbons, but I am not sure.
Cross-examined by MR. KEMP. I saw Hurley outside the Bodega in Bedford Street in conversation with Wyndham and Devenport and another man—I am not sure whether he told me that he did not know Devenport or Brown—I have made no inquiries as to whether Hurley traded on the turf under the name of Barker—I am not in the habit of shadowing people on race courses and have no knowledge of turf matters—I found a pocket-book upon Hurley—it has been in my custody since it was taken from him; it contains an entry, "Larch Hill for Warwick."
Cross-examined by MR. FITCH. I saw the meeting between Gibbons and Hurley on the morning of March 8th—I heard what Atkins said about his seeing a parcel pass between Gibbons and Hurley—there were not many people in the street at the time—I saw a paper something pass from one to the other and they immediately put their hands in their pockets—they stood quite close.
Re-examined. According to my view something passed simultaneously from Hurley to Gibbons and from Gibbons to Hurley.
JOHN LAMBING (Detective Constable. City). On February 10th and March 8th I was keeping observation on some people with Atkins and Fitzgerald—I have heard their evidence and I agree with the version they have given—on one or two occasions I kept observations alone—on February 19th at 6 o'clock p.m. I was just the other side of the Tower Bridge and saw Devenport and Brown come there, and they were immediately afterwards
joined by Fry—it was at the Tower Bridge Hotel—they left there and walked over Tower Bridge to the Minories where I left them—on March 4th I was outside the Bodega in Bedford Street in the evening in company with Atkins and Fitzgerald and Inspector Davidson—I saw Hurley in company with a man I did not know and one I did know—the consequence of seeing the man I did know was that I was compelled to get out of his way in case he saw me—I saw Hurley go into a public house opposite the Bodega with two men—one man with him said, "Good night Alf"—the other man was walking outside the Bodega and once or twice looked into the bar of the Bodega as if he were waiting for somebody—I saw Wyndham and Devenport come out and join him and they remained in conversation for half an hour—from this point Atkins has given a correct description of what took place—on March 8th I was in Coborn Road Station about 7 o'clock—a cab drove up, Sammes and Fry were in it—Sammes came up to me on the platform of Coborn Road Station—he signalled to me—he showed me two parcels of what appeared to be Bank of England notes—I examined them in the lavatory and left them saying, "Give me half a minute"—on March 5th I was outside the Bodega in Ludgate Hill with Atkins—I saw Devenport come out of the Bodega, cross the road, go into the King Lud and there meet Fry—during the time he was away I saw Wyndham come up with Gibbons, I believe, and they entered the Bodega—afterwards Devenport came back and went into the Bodega—Hurley came along—Fitzgerald at that moment was looking into the entrance of the Bodega—Hurley stood watching Fitzgerald for about three minutes and afterwards went into the Bodega, Fitzgerald having gone away—after I left the lavatory at the Coborn Road Station I went downstairs and made a communication to Inspector Davidson—then I saw Sammes leave the station and walk to the cab—he got into the cab which was in the act of driving away when it was surrounded—after Davidson, Cox and Fitzgerald had taken Devenport away I went to 3, College Street, and knocked—Wyndham opened the door—I said, "Does a person of the name of Wyndham live here?"—he said, "Yes, governor"—I said, "I have a parcel for you if you will take it in"—Inspector Davidson was with me at the time and also Chief Inspector Dinny—as Inspector Davidson ran up to the door Wyndham said, "Mr. Davidson"—Davidson said, "Yes, Wyndham, you are my prisoner"—we made our way into the, back parlour and saw. Gibbons sitting down on a couch behind the door—he was also told he would be taken into custody—on March 6th I kept observation with Atkins in the Minories and I corroborate what he says.
Cross-examined by MR. KEMP. It was none of the prisoners in the dock who said "Good-bye Alf" on March 4th—"Alf" is Hurley—I did not say whether the notes were in one or two parcels—there were 200 notes, I believe—they were rolled up.
date did I keep observation—it was in the Kennington Road when I saw Devenport, Brown and Fry call at No. 180.
WALTER DINNY (Chief Inspector) In March I kept observations with other officers in the Minories—Atkins's account is accurate—on March 7th I was in room 61 at the Cannon Street Hotel about 3 p.m.—the adjoining room is 62—a door leads from one to the other—I heard a conversation in the next room, and wrote down as much as I could—I knew that Sammes was in No. 62—Fry entered that room and said, "I have brought Devenport here with leave to explain how the matter stands; now just tell Mr. Sammes what is being done"—Devenport said, "Well, it is just like this, I am waiting to get £150 from Walter Brown, as my man will not part with them unless he has the cash. I believe I made a mistake in introducing Fry. I am sure it has delayed matters as we do not want so many in it"—Sammes said, "Well you know I have the cash, and am prepared to do business on production of the notes"—Devenport said, "Yes, I know, and I cannot expect you to part until you see the notes, but I will see Brown again, and then arrange an appointment to apply to tomorrow"—Fry and Devenport left—on the 8th I was again in room 61 with the same officers, about 11.40 a.m.—I heard a conversation in No. 62, and wrote down as much as I could—Sammes said, "Well, have you arranged"—Devenport said, "No, I have not got the money from Brown yet, but I have an appointment with him at 12.30, which I must keep, as I do not want to hang him up"—Sammes said, "Well, when can you complete the business?"—Devenport said, "I can be back at one"—Sammes then said, "You had better make it two as I have an appointment which I must keep '"—Devenport said, "Very well, I will be here at two"—I heard someone leave the room—in the afternoon interview, when they met, Sammes said, "Well, have you got the notes"—Devenport replied, "Not yet, as I cannot get my man to come into the City with them, but if you will bring the money to him at the East End you can examine the notes there and do the business"—Sammes said, "The business must either be done here or at my office; is it all right?"—Devenport said, "Yes, I have been to Wyndham's house and seen the notes myself, they are so good you can put them down anywhere; I had no difficulty with mine; I expect to see Wyndham at the station in about a quarter of an hour; I have twenty five or at least twenty-three at home"—Sammes said, "No good to me, it would not pay me, I want the bulk, but I will consider your proposal and let you know later; I cannot get a reply before four, can you come back then"—"Devenport said, "Certainly"—I heard someone leave—then first Sammes land then Fry came into room 61—Fry brought what purported to be some £5 notes, put them on the table, counted them, and there were nine—the numbers were taken, and they were handed back to Fry—the third interview was in the same room at about 4.30—the same people were present—I heard Sammes say, "There are only nine notes here "'—Fry said, "There were ten"—Devenport said, "There should be ten, there were eleven '"—Sammes said, "I have decided to take a cab to any address you mention, and bring the money with me, and the business can be done in the cab, as I do not want to be seen by anyone of your people"—Devenport said, "Very well then,
if you take a cab to Coburn Road Railway Station, Bow, I will meet you there and hand you the notes; you can then take them to the lavatory at the railway station, examine them, and do the business in the cab; you can return, and I will come on later by rail"—I then heard some people go out of No. 62—I do not profess to have taken down everything that was said—I was present at Coborn Road Station that evening with other officers—I saw Devenport go up to a policeman on point duty—I did not hear what he said, but the officer replied, "First to the right and second to the left"—Devenport went in the direction of College Street and returned with Brown—Atkins's description is accurate—I was present at the arrest of Wyndham and Gibbons.
FREDERICK BISHOP (45 K.) On the evening of March 8th I was on duty outside Coborn Road Railway Station—Devenport asked me where Collins Street was—I said, "You mean College Street"—he said, "Yes, that is it," and I directed him by saying "First on the right and second on the left," and he went in that direction—I lost sight of him—a short time afterwards a four-wheeled cab drove up to the station, and I saw him on the footway under the railway arch—453, Mile End Road, from College Street, is about five minutes' walk—the Morgan Arms would be about midway—College Street to Goborn Road Station is about 300 yards.
THOMAS SAYER (Inspector, City). On February 17th last I was with Inspector Davidson and Walter Outram in Coleman Street, when Fry and Sammes came up in a cab—Fry handed Davidson what purported to be four Bank of England notes—the numbers were taken and the notes returned to them—on February 18th Fry handed me a letter which I read and returned to him—on March 7th and 8th I was present in room 61 at the Cannon Street Hotel—I have heard what Inspector Dinny said, and it is correct—I was present when Devenport and Brown were arrested—I searched Devenport and found Exhibit A upon him. Cross-examined by MR. OLIVER. I did not search Devenport's house. JOHN DAVIDSON (Chief Inspector, City). Early in February I had a communication from ex-Inspector Outram, and, as a result of that, on the morn-: ing of February 10th I heard a statement from Fry, and another one on the 11th—I saw him many times after that, and he received instructions from me and made reports from time to time—in consequence of his information I was able to place my men where observation was kept—on March 8th I was outside Coborn Road Station with six officers—two parcels were found on the floor of a cab there, which I opened and which contained what purported to be 200 £5 Bank of England notes—Devenport and Brown were arrested on the spot—afterwards I went to 3, College Street, and arrested Wyndham and Gibbons—I said, "Wyndham, you are my prisoner, you must consider yourself in custody on charge of forging and uttering £5 Bank of England notes"—he said, "Mr. Davidson, I know nothing about any forged notes"—I said, "You had better go into the parlour"—as he
did so he said, "Here is Mr. Davidson he says I am his prisoner, something about forged notes"—when in the parlour I saw Gibbons, whom I at once recognised as the person present at the Bodega, Bedford Street, Strand, on March 4th—I said, "You must consider yourself also in my custody on a charge of being concerned in forging and uttering £5 Bank of England notes"—he made no reply—Atkins has correctly described the incidents on March 5th, also the 6th, with the exception that he omitted to state that Brown, when he left Fry, joined Devenport—on March 8th I was on the watching party when Hurley left his house—Atkins and Fitzgerald have given accurate accounts of what occurred about Hurley, with the exception that he went into the Morgan Arms before the person I do not identify arrived—I saw a person standing outside, and I saw Hurley come out and join them—Gibbons handed Hurley something which appeared to be white paper—in addition to the 200 notes produced yesterday I produce nine others which I received on March 8th.
Cross-examined by MR. OLIVER. I was originally introduced to Fry by ex-Inspector Outram—I had a great deal of trouble to get Fry to assist me—I had never seen Devenport before to my knowledge—I have not found anything against him before this—I searched his house and found no counterfeit notes or anything relating to the charge except the slip of paper.
Cross-examined by MR. LEYCESTER.—I do not suggest Freeman assumed the name of Wyndham for the purpose of this case—I have known him as Wyndham for some years, and I believe that is the name under which he races.
Cross-examined by MR. KEMP. The notes produced are not the whole 200.
Cross-examined by MR. ELLIOTT. After the arrest of Gibbons his house was searched and nothing found relating to the charge.
By MR. OLIVER. Nash was in the trap with Devenport and Brown—he has gone away.
WALTER MCPHERSON . I am inspector of bank notes at the Bank of England—I have seen the 200 notes and the nine notes—they are forged. Hurley, in his defence on oaht, said that from first to last he knew nothing about the notes, but that he knew prisoners; that he did not know he was being watched; that when he met the prisoners it was with regard to racing matters when he had drunk with them.
Wednesday, May 14th.
Cross-examined. Wyndham often came to my house—I remember his coming late one night, but nothing was said about Bank of England notes.
DEVENPORT, FREEMAN, and GIBBONS GUILTY . HURLEY— NOT GUILTY . (For Thursday's proceedings and sentences see Sessions Paper, page 609).