CENTRAL CRIMINAL COURT
TENTH SESSION, HELD JULY 21ST, 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.
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On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
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AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 21st, 1902, and following days,
Before the Right Hon. Sir JOSEPH COCKFIELD DIMSDALE, Bart., M.P., LORD MAYOR of the City of London; the Hon. Sir JOHN COMPTON LAWRANCE , one of the Justices of His Majesty's High Court; Sir JOHN WHITTAKER ELLIS, Bart.; Sir DAVID EVANS , K.C.M.G.; Lieut. Colonel Sir HORATIO DAVIES , K.C.M.G., M.P., Aldermen of the said City; Sir FORREST FULTON, Knt., K.C., Recorder of the said City; Sir JAMES THOMPSON RITCHIE , Knt.; GEORGE WYATT TRUSCOTT , Esq., and HENRY GEORGE SMALLMAN , Esq., other of the Aldermen of the said City; ALBERT FREDERICK BOSANQUET , Esq., K.C., Common Serjeant of the said City, 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. TENTH 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, July 21 st, 1902.
Before Mr. Recorder.
523. HARRY EVANS (32) PLEADED GUILTY to stealing a scarf-pin, the property of Sir Robert Drummond Moncreiffe, from his person, having been convicted at Clerkenwell on May 20th, 1895. Thirteen other convictions were proved against him. Five years' penal servitude —
(525). ALFRED CHARLES JOLLY (24) , to stealing, while employed under the Post Office, a post letter containing six stamps and an order for the payment of 7s. 6d., the property of the Postmaster General. Nine months' hard labour [Pleaded guilty: See original trial image.]
(526). WILLIAM FREDERICK WHITBREAD (26) , to marrying Elizabeth Lily Livermore, his wife being then alive, having been convicted of felony at this Court on March 6th, 1899. Eighteen months' hard labour — [Pleaded guilty: See original trial image.] and
(527). EDMUND TRACEY , to stealing thirteen live tame chickens, the property of Newton Mant, having been convicted of felony at the Guildhall, Westminster, on August 5th, 1899. Five other convictions were proved against him. Nine months' hard labour. [Pleaded guilty: See original trial image.]
MR. ROUTH Prosecuted.
MOSS MYERS . I live at 97, Bishop's Road, Cambridge Heath, and am an auctioneer—the prisoner was in my employment as a housemaid—I keep my cheque-book in my table drawer in front of my window with a Chubb lock on the drawer—I have never given the prisoner or anyone else
authority to deal with my cheque-book—this is the cheque-book (Produced)—it had no cheque taken out—he fourth cheque has now been torn out—neither the writing on the cheque nor that on the counterfoil is mine—twelve cheques altogether have been abstracted from the book—four of them have been passed—I never gave the prisoner authority to cash this cheque—my signature is quite different to this one—she never handed me £1—on the Saturday morning I told her to bring me a cup of coffee, and she was impudent, and I told my wife to discharge her—the same day I discovered that some person had been to my drawer—I have never had any beastly talk with her or wanted to take liberties with her.
FREDERICA MEISSNER . I live at 62, Bishop's Road, and am wife of George Meissner, who is a butcher—on July 12th the prisoner called on me and asked me to change a cheque for Mr. Myers—she handed me this cheque—I knew Mr. Myers—I said it was not his cheque or his signature—she said he gave it to her—I said again it was not his, and she said he had given it to her, so I changed it, and gave her two half-sovereigns.
LEAH MYERS . I am the wife of the prosecutor—the prisoner was in my employment as a housemaid for a month—I dismissed her on a Saturday, because she was impudent—I paid her her wages before she left—her wages were 3s. a week, and I gave her 3s. as I paid her weekly.
HENRY EDWARDS (157 J.) I was called to the prosecutor's house on July 12th at 9 p.m.—I found the prisoner detained there—she was charged with stealing six cheques—she said, "I did not take any, the reason I left so suddenly was because the master threw a cup of coffee at me"—at the station she said, "I am innocent."
The prisoner's statement before the Magistrate. "It is only the beastly talk and his wanting to take a liberty with me in the kitchen.
The prisoner, in her defence, said that that prosecutor threw a cup of coffee at her, and that is why she left; that he wanted to take a liberty with her, and that she had not been near the butcher's shop since Friday.
GUILTY of uttering Six months' hard labour.
MR. BLACKWELL Prosecuted.
HENRY GARRETT (Detective, City.) On July 16th I was on duty at Cloak Lane Police Station, and at 1.10 a.m. the prisoner came in and said, "I want to see an officer"—I said, "I am a police officer, what is your business?"—he said, "I want to give myself up for doing it"—I said, "Doing what?"—he was perfectly sober, I do not think he had been drinking—he said, "Breaking a tobacco shop window and pinching the, cigars"—I am not sure if he said where the shop was—I think he said it was in Cheapside—he was uncertain at first, but he thought he had done it on the early morning of the 12th, which was a Saturday—he said he had done it with a lump of concrete—I said, "Do you understand the seriousness of this statement you are making?"—he said, "Yes. I do, I don't care if I get ten years over the job, I have got twisted over the job, and I
don't want to put it on an innocent man"—I take it that he meant he had had a quarrel with a confederate—he was charged and made no reply—at the Police Court next morning he said he had sold the cigars to a man in Whitechapel Road for 6s., but that he was a complete stranger to him.
GEORGE GOOD . I am manager to Messrs. Jones and Co., Ltd., at a shop carried on under the name of Sharp and Snowden, at 10, Cheapside—on the night of Friday, July 11th, the window was perfectly safe when I went away—I went there at 8.30 a.m. on Saturday—the window was broken and seven bundles of cigars with ten cigars in a bundle had been taken—the value of the window was about £10—I believe it was insured.
BERTRAM CATCHPOLE (121 City.) About 8.30 a.m. on July 12th I found a piece of concrete on the pavement under the window of 10, Cheap-side—the road was not "up" there—Ludgate Hill was the nearest at that time, I think.
The prisoner, in his defence, said that he had been drinking heavily for a week; that he was in a public-house with some men who said that an innocent man was in trouble for what he (the prisoner) had done; that he was drunk when he went to the station, and that he did not know what he said there.
GUILTY He then
PLEADED GUILTY to a conviction of felony at Newington on January 8th, 1902, and two other convictions were proved against him. Twelve months' hard labour.
NEW COURT.—Monday, July 20th, 1902.
Before Mr. Common Serjeant.
MR. PARTRIDGE Prosecuted; MR. ABINGER Defended Rider.
WILLIAM CHARLES SMITH . I am barman to William Henry Barnes, of the Wheatsheaf, High Street, Camden Town—on Saturday, July 5th, between 12.10 and 12.20 a.m., I served the prisoners and another man with drinks coming to 4 1/2d.—Price put this coin (Produced) on the bar—I said, "This won't do"—the prisoners were standing together—Price said, "You have seen some of these before"—I said, "No, I have not," and gave him back the coin—he gave me silver and I gave him the change—I went to serve in another bar—I noticed Price picking up silver in the same bar where Mills was serving about two minutes afterwards—they drank their liquor and went out—I looked in the till and saw this gilt coin again—I jumped the counter and ran after the prisoners in the street—they were walking hurriedly away—in about fifty yards I stopped them—I showed Price the coin, and said, "What is your game?"—he said, "I have made a mistake," put his hand in his pocket, and brought out some silver—the potman came up and said we had better go back, and we all went back to the Wheatsheaf—the prisoners spoke to Barnes—I do not know the third man who was with us—he was not pointed out to the police who came.
Cross-examined by MR. ABINGER. The bar is nearest the High Street—the men walked back at once—I do not know the prisoners' characters—they are not customers—they had two mild-and-bitters and an old six—that is Burton and mild—they had been drinking, but were not drunk—they were in good spirits—the head on this coin resembles a sovereign—the bar compartment is about four feet wide—I would not have served them if they had been drunk—I have been in the trade seventeen years—I have never before known anyone foolish enough to try to pass such a coin—any barman would notice it—the barmaid had been there two days—the bar was well lighted.
Re-examined. Price spoke clearly.
HARRIETT SIBTHORP MILLS . I am barmaid at the Wheatsheaf, Camden Town—in the early morning of July 5th when I was serving I noticed the prisoners—Price asked me if I could change a sovereign—he put this coin head upwards on the bar—it looked like and I took it to be a sovereign—I put it on the till—I gave him half a sovereign and ten shillings silver—the bar was well lighted—I have had experience in changing money—there was no other gold on the till—I saw the barman get over the bar.
Cross-examined by MR. ABINGER. I have now been a barmaid at the Wheatsheaf about a fortnight—this has not the ring of a sovereign—Price did not ring it—he was not particularly drunk, he had had enough.
WILLIAM HENRY BARNES . I am the landlord of the Wheatsheaf—about 12.20 a.m. on Saturday, July 5th, my attention was called to the prisoners in the bar by seeing my barman jump over the counter—he soon returned with the prisoners and a third man—the barman handed me this coin, and said, pointing to Price, "This man has changed this over the counter for a sovereign, and went away, and I went after him"—the prisoners asked my pardon, and said they would apologise, they only did it for a lark—I sent the potman for a policeman—the prisoners were strangers—both were searched somewhere adjoining the saloon bar—I went with three constables and the two prisoners to the station—another coin was found.
Cross-examined by MR. ABINGER. They were neither drunk nor sober and I ought to be a judge of that—they were what I should term the happy medium—they did not produce a coin to me.
Re-examined. They spoke nervously, but not as if they were drunk—I would not have served them if they had been—Price paid me back 20s.—I demanded it.
WILLIAM WALKER (200 S.) I was sent for early on July 5th—Constable Staniforth came in just afterwards—I found the prisoners and Barnes and Smith in the bar—the potman came for me—the landlord said, "This man here has changed a sovereign with my barmaid"—afterwards he said that he wished to charge them—Price said afterwards, "I bought them up at the market," and "We were having a bit of a game I bought them up at the Cattle Market; there were two of them; here is the other"—he handed me the other coin in the bar—on searching them in a private place adjoining the saloon bar we found 14s. 4 1/2d. in good coins on Price, and on Rider 18s. 11d.—on the way to the station Price said,
"It is an error"—when the charge was read over he said, "I am very sorry."
Cross-examined by MR. ABINGER. I have made inquiries about both—they are both of the highest respectability and honesty—both appeared to have been drinking—Price handed me the coin before I asked him anything.
SAMUEL STANIFORTH (388 S.) I was called in to the Wheatsheaf about 12.15 a.m. on July 5th—the landlord said that he wished to give the prisoners into custody on the charge of obtaining 20s. by means of false pretences—on that charge I took Rider to the police station, where he said, "It is all a mistake; we gave 2d. for them in the Cattle Market. When I found we had got 20s. we were coming back, but we were met by a man when I saw these gentlemen," indicating my brother officer and me—I searched Rider—I found on him 10s. gold, 8s. silver, and 11d. copper, all good coins.
Cross-examined by MR. ABINGER. From inquiries we find the prisoners have excellent characters—I had one coming case about five years ago.
The prisoners, in their defences on oath, both denied that they had any intention to defraud.
NOT GUILTY .
NEW COURT.—Tuesday, July 22nd, 1902.
Before Mr. Common Serjeant.
531. HENRY EDWARD BAKER PEADED GUILTY to unlawfully obtaining credit from Lizzie Bainbridge Le Fleming and another of £1,000 and other sums, and to inducing the said Le Fleming to execute a security for £2,000 with intent to defraud. Judgment Respited. —
(532). MAGDALENEA COHYKOFSKA (19) , to endeavouring to conceal the birth of her child by secretly disposing of its dead body. Discharged on recognisances; [Pleaded guilty: See original trial image.] and
MR. BROXHOLM and MR. FULTON Prosecuted.
GUILTY. MOSS— Three months' hard labour; HURFORD, whom the Jury recommended to mercy, fourteen days' hard labour.
MR. SANDS Prosecuted.
AHMED JEE (Interpreted). I have been working in the engine-room on the steamship "Caledonia," and on July 8th I was cleaning the engine—Golab was working with me—I was over him—I had to correct him—I told him he was not doing his work properly—he abused me—w
finished work and went to our sleeping quarters, and afterwards ashore—when I came from a place of convenience I saw the prisoners—Golab struck me with this knife twice in the arm—Khan struck me on the back of my neck with this axe, and Golam picked up a stone and struck me on the shoulder—I was taken to the hospital—I still attend there.
Cross-examined by Golab. We live in separate villages—there is no quarrel between the villages—I have no quarrel with you, and know nothing about putting another man in your place.
By the COURT. Golab was not a stoker, but did ordinary work in the engine-room—Khan assisted in the store-room, and Golam in the stokehold, and in cleaning the floor—the ship was in the Albert Dock—we go to a place on shore where we can be transferred if required to another ship—I had previously seen the axe in Khan's box—I saw it in his hand when he was coming towards me—there was no work on shore to do with the axe—it is Khan's property.
AHMED KHAN (Interpreted). I was cooking on shore for the men—on July 8th, about 6.30 p.m., I saw the prisoners—I saw Golab strike Jee twice with a knife, and Khan strike Jee with the back of this axe—Golam picked up a stone, and struck Jee on the shoulder with it—after Golab struck Jee he went to the ship—I went to Jee's assistance—some time afterwards the police came on the ship—Golab was in the fireman's quarters sitting on his box—I saw Jee falling immediately after he was struck by the axe and the stone.
Cross-examined by Golab. I am no relation to Jee—you first said this was a country quarrel, and now that I am a relation of his.
AMEER (Interpreted). Ameer is my only name—I am a fireman on board the "Caledonia"—on July 8th I saw the prosecutor and the prisoners on shore—Golab struck Jee with a knife, Khan struck Jee on the back of the neck, and Golam Ameer struck Jee with a stone—I took Jee to the hospital—I helped to support him till the police came.
Cross-examined by Golab. The knife is not mine—it is yours.
Cross-examined by Khan. The axe is yours.
By the COURT. I do not speak English—the chief engineer gives his orders in Hindustani, which he understands.
GEORGE HENRY PONSFORD (Royal Albert Dock Constable 174). I helped to take the prosecutor to the hospital—Allah Khan called me, and Ameer was assisting the prosecutor in the roadway—I could not see the ship—a street intervened between the "Caledonia and the roadway—the prisoners ran towards the ship.
ALBERT LANGLEY (Dock Constable). On July 8th I was called to the "Caledonia"—I went to the firemen's quarters, where Jee pointed out Golab who was sitting on a seamen's box—going towards him I heard something drop—I found the knife produced—it was closed—I took Golab to the police office, where he was searched—an officer from a P. & 0. boat interpreted—I took Golab to the Seamen's Hospital, where the prosecutor was waiting—other natives were there—Jee pointed to Khan—I showed Jee the knife—he said he had been struck with it—another native gave me this axe—he said he got it from a box.
Cross-examined by Golab. I found the knife about five minutes after I heard something drop—I came out of the forecastle and went back and found the knife.
Cross-examined by Khan. The axe was given to me by a native in the forecastle.
Re-examined. I was called in about 11 p.m.—there was blood on the knife—the ship was about 100 yards from the place of convenience.
WILLIAM GRAHAM ROSS . I am surgeon at the Seamen's Hospital—I attended Jee on July 8th—he was suffering from two wounds, one 3 1/2 inches deep, punctured to the fourth rib, glided along two or three inches, severing a branch of the artery supplying the muscle—the other was over the ninth rib and struck the rib but penetrated no further—they were wounds which could have been caused by this knife—one nearly reached the base of the heart, which would have caused instant death, the other would have penetrated the stomach—he had a slight abrasion that I did not take much notice of till he complained of pain at the root of the neck—that could have been caused by this axe—he will be able to go to work in a few days—they were serious wounds—one produced sufficient hemorrhage to cause the man to faint—both wounds were in a dangerous situation.
The prisoners Golab and Khan, in their defences said there was bad feeling between their native villages, and Jee wanted to put other men in their places, and Golab asked that his "ticket" should not be blackened by conviction.
GUILTY . GOLAB— Nine months' hard labour; ALLAH KHAN— Eight Months' hard labour; GOLAM AMEER— Four months' hard labour.
MR. BODKIN Prosecuted.
GUILTY . Twelve months' hard labour.
OLD COURT, Tuesday, July 22nd, and
NEW COURT. Wednesday, July 23rd, 1902.
Before Mr. Recorder.
537. ALEXANDER RAY (21) PLEADED GUILTY to having attempted to commit suicide. The prisoner, who had been invalided home from the front and was now destitute, received an excellent character. Discharged. —
(540). TOM CRAWSHAW (30) , To obtaining by false pretences £10 from William Rowe. Also to obtaining credit for more than £10 without disclosing that he was an undischarged bankrupt. Also to having married Annie Coote Insall, his wife being then alive. Also to forging and uttering three bills of exchange for £50, £19 15s. 4d., and £10, with intent to defraud having been convicted of forgery and uttering at
Edinburgh on April 16th, 1900. Two other convictions were proved against him. Five years' penal servitude. [Pleaded guilty: See original trial image.]
541. FRANK WESTON, Unlawfully obtaining £2 2s. from Henry Palmer Frost, from William Henry Barnes £2 2s. (id., and from Alice Bradford £4 18s. 6d., in each case by false pretences with intent to defraud.
MR. RANDOLPH Prosecuted.
HENRY PALMER FROST . I live at 73, King Street, Camden Town, and am a licensed victualler—I know the prisoner as a casual customer—on June 28th he came to my house and asked me if I would oblige him by cashing this cheque (produced) for £2 2s.—I told him that as a rule I did not cash cheques for anybody, but as he had been in the house on several occasions with respectable tradesmen I would do so—I asked him who Frederick Sinclair, who was the drawer of the cheque was, and he said he was a respectable tradesman in Whitechapel and was good for any amount, and was willing to vouch for the genuineness of the cheque when passed through—it was not endorsed then—I pointed that out to him, and he endorsed it on the counter—it was made payable to him—I asked him if his name was Frank Weston, and he said yes—I put it through my bank, and it came back marked "No account—I believed it to be a genuine cheque—I should not have parted with my money if I had not believed what he told me—on July 1st I went into the Camden High Street, and found him in a bar there—he kept me walking about in the rain for about an hour and a half while he was supposed to be getting the money to meet the cheque—he assured me the cheque was still good, and he asked me to wait outside while he went into an oyster shop, and when I went inside he was sitting down eating oysters and drinking stout—I thought he was trying to give me the slip, so I got a constable and gave him into custody—at the police station he gave me Sinclair's address as 55, High Street, Whitechapel.
Cross-examined by the Prisoner. You did not say you had had a cheque from Sinclair before, and therefore they would be good—you did not say that you would have to lose the amount as the cheque was made payable to you—I asked you what you were going to do about it—you said you could not afford to lose it, and I said neither could I—I did not suggest you should leave your chain with me—you wanted me to let you off till next morning—I said, "How can I do that, as the cheque has come back"—a friend of mine said, "Why don't you leave something as security with Mr. Frost; he cannot run away, he is a tradesman"—I do not know if you call it attempting to run away, but my friend caught hold of you as you were trying to shoot across the road—you said you had the cheque given to you in payment of an outstanding debt—you said you had sold a coffee shop to Sinclair some years ago, and this £2 2s. was part of the money he owed you—you did not suggest to me that he was then living at High Street, Whitechapel, but you did to the police, because they telephoned through to him there—you said it was a stewed-eel shop.
or five months as a casual customer—he produced this cheque for £2 2s. 6d. drawn by Frederick Sinclair on the London City and Midland Bank, to Frank Weston—the prisoner endorsed it on the counter—I cashed it for him—I asked about Sinclair—he said, "He is all right, he is a very respectable person"—I believed the cheque to be genuine—I should not have parted with my money if I had not believed what the prisoner told me about Sinclair—the cheque went through my bank and was returned marked "No account."
Cross-examined. I am not sure if it was on a Saturday or a Monday that I changed the cheque—it may have been a Monday.
Re-examined. Whichever day it was, I did part with my money.
ALICE BRADFORD . I am a barmaid at the Mother Redcap at Camden Town, and am employed by Mr. Summers—the prisoner came in on July 1st with a cheque drawn by Frank Sinclair to Innocenti Monico for £4 8s. 6d.—it was endorsed on the back "Innocenti Monico"—I did not know the prisoner's name—he asked me to cash the cheque for Mr. Monico, who I know well—he is a fishmonger in the neighbourhood—I spoke to my mistress, and then handed the prisoner £4 18s.-6d.—when I parted with the money I believed the prisoner had been sent by Monico, and that it was Monico's endorsement—if I had not believed that I should not have given him the money—I was called to identify him, and I picked out the wrong man—I have no doubt about him now.
Cross-examined. The cheque was cashed about 9.15 p.m.—it would not have been before that—it was a wet night, I believe—I found out that the cheque was not a good one when Mr. Monico came in the same evening—Mr. Summers was not at home then—Mr. Monico did not offer any suggestion as to who had cashed the cheque—when Mr. Summers; came home I told him that someone had wanted to cash a cheque—he asked me to describe the man—I told him that he was of medium height and similar to yourself—I said I had seen the man before—I did not say who he was in the habit of associating with—you were a casual customer Mr. Godley asked me to describe you the night before I went to the Court—he did not say he had already got the man in custody—he said lie did not know if it was the same man—I know a certain gentleman who comes to our house—he comes in before ten sometimes—he is not like you—he is an Egyptian—I picked out another man at the police station—the policeman told me to have another try—I failed to identify you, but it was rather dark—I saw you in the charge room, and identified you when I heard you speak—you did not come into the house again the night after you had passed the cheque—you were dressed in dark clothes and a Trilby hat—that was not the coat you have now.
Re-examined. I recognise his voice now, I have no doubt he is the man.
INNOCENTI MONICO . I am a fried fish merchant of High Street, Camden Town—the endorsement of this cheque is not mine—I never gave this, cheque to the prisoner to cash—I have known him for about eighteen months—I have not spoken to him for about eighteen months—I was introduced to him by a friend—I knew him for about a month, and then did not know him any more—on July 1st I was at the Camden Theatre.
Cross-examined. I had no trouble in picking you out at the station—I do not know anybody named Sinclair.
By the COURT. I knew the prisoner as Frank Weston—for two or three weeks I saw him nearly every evening.
LEONARD CLAYTON . I am a cashier at the London City and Midland Bank, Whitechapel branch—these three cheques came from a cheque book issued to T. and G. Oiler—they are fruit merchants in Spitalfields Market—they lost the book and sent in a stop to have the cheques stopped as soon as they discovered their loss—we have not a customer named Sinclair.
Cross-examined. I suggest that this book was lost, not stolen, it was lost on a tramcar about May 30th.
ALBERT ROSE (397 S.) I received the prisoner into custody on July 1st—he was charged by Mr. Frost—the prisoner said, "Very well, I will go—quietly"—he was taken to the station and charged—in answer to the charge he said, The cheque was given to me by a man named Sinclair, 55, High Street, Whitechapel, as part of a debt owed to me"—at the station he said, "Can I take a warrant out against Sinclair?"
Cross-examined. I saw you with the prosecutor about fiffeen minutes before I arrested you—you did not attempt to run away—you said you would go to the station quietly—you volunteered to go there—when we got into Moniton Crescent I took hold of your sleeve.
By the COURT. If he had not gone to the station of his own accord I should have compelled him to go.
ALBERT GODLEY (Constable Y.) I have made inquiries at 55, High Street, Whitechapel—that is a butcher's shop, and is occupied by a Mr. Spruce, he has been there two years—a Mr. Sinclair is not known there—it was once a stewed eel shop, and occupied by a man named Hamilton.
The prisoner, in his defence on oath, said that he had not the slightest idea that the cheques he changed would not be met, as he had had cheques from Sinclair before, who owed him £10; that Sinclair asked him to change a cheque for him, and that he said fie would if he could if the cheque was made out in his (the prisoner's) name; that the money he got from Barnes he gave to Sinclair, and that he denied having changed the cheque for £i 18s. 6d. at all, or being in the public-house at the time.
GUILTY . Eighteen months' hard labour.
MR. FORDHAM Prosecuted, and MR. MOYSES Defended.
JOHN FITZGERALD . I lived at 13, Jodrill Road, Victoria Park—I now Jive at the Sailors' Home, and am a ships fireman—on March 31st, Easter Monday, I was crossing King William Street, near London Bridge, at 10.45 p.m., with my wife, we had come over London Bridge from the Borough—I was knocked down by a cab—I do not know what kind of cab it was—I became unconscious, and remained so for two days, when I found myself in Guy"s Hospital—I stayed there till April 6th, when I went home—next day my wife fetched Dr. Hilliard—I am still unable to do any work.
Cross-examined. I did not see the cab—I wasnot deaf before I was
knocked down—I left the hospital on a Sunday—I had to sign a book before I left—I do not remember the day before I left asking for my clothes and wanting to leave—the hospital authorities did all they possibly could to persuade me to remain—I have brought a claim against the prisoner's employer, and have instructed Messrs. Boardman and Co., solicitors, on my behalf—I do not know if Mr. Boardman tried to get the prisoner to plead guilty.
ANNIE FITZGERALD . I am the wife of the last witness—I was out with him on Easter Monday—about 11.40 p.m. we were crossing King William Street, when we were both knocked down by a hansom cab—I did not see it coming, it came so suddenly—we were knocked down in the pulse; of the moment—the cab was going very fast—we had no warning that it was coming—we were about the middle of the road—I was unconscious after I was knocked down—I was taken to Guy's Hospital—I was unconscious until they were undressing me in the hospital—my side and leg were bruised—I left the hospital that night—my husband remained till the Sunday—he left because his father died in there two or three years ago, and he was under the impression that he was going to die himself there; and he asked me and my brother to take him home.
Cross-examined. I tried to get my husband to stay in the hospital, but he showed signs of getting violent, and I had to give way to him—the; hospital authorities could not keep him there as he wished to leave—I did not see the cab before or after I was knocked down—I know it was a hansom because the police said so—I did not hear them say it was being driven at a fast pace, but it must have been, or else we could have got out; of the way.
GEORGE BAYLEY (743 City.) About 10.45 p.m. on March 31st I was on duty in Gracechurch Street—my attention was attracted to the-way a hansom cabman was driving—he was coming from the direction of London Bridge at a fast pace—I saw the cab knock down a man and woman who were crossing the road in front of the Monument public-house which is near the Monument station—the cab went on up Eastcheap after it had knocked the persons down—I called out—the driver took no notice—but drove on at the same fast pace—P.C. Knight was on the opposite side of the road—he jumped on to the spring of the cab as it was passing him, and I ran behind—Knight could not stop the horse till after it had gone about eighty yards—I got up to the cab when it came to a standstill—the prisoner was the driver—he was drunk—I took him to the station where lie was charged—he made no answer to the charge—he was drunk then.—he was charged with drunkenness as well as with wanton driving—his horse was not heated or distressed—the Fitzgeralds were not present when the prisoner was charged—I made the charge having seen the accident—the cab was going about ten miles an hour—the road was somewhat crowded.
Cross-examined. I have had no experience at all in driving—I have been in the force eight years—there were some other witnesses' names taken, but Mr. Sallabank was the only one called—the Alderman did not require any other evidence—the prisoner's cab was-about thirty yards-away
when I first saw it—ten miles an hour is not a terrific pace—I did not make any attempt to warn the people who were crossing the road—the Fitzgeralds were ten or twelve yards away from me—I commenced to run when the cab was level with me—I ran for about eighty yards—I should not have caught him if the other constable had not stopped him—he was not dazed more than a drunken man would be—he was dazed a bit—I do not know if the whip was in the socket when I was pursuing him—he put it into the socket when I got up to the cab—there was no difficulty in taking the reins out of his hands—he seemed to be helpless and to have no control of any sort—I was satisfied that he was very drunk when he got to the station—he was able to walk—I did not send for a doctor—he would not be examined by the police surgeon unless he wished it—he was remanded in custody for a week.
Re-examined. I should say the cab was going faster than the other vehicles there—the prisoner seemed the same as a drunken man generally does.
FRANK KNIGHT (731 City.) On March 31st, about 10.45 p.m., I was on duty in plain clothes in King William Street—I saw the prisoner driving a hansom cab along Eastcheap at the ordinary rate of a hansom—he had got a clear road—there were no vehicles about, being Easter Monday—I saw some people knocked down—I did not know who they were—I and Bailey shouted out to the cabman to stop—he took no notice—I ran after him and got on the step of the cab—I told him I was a police officer, and told him to stop—he took no notice, he seemed silly and did not understand what I said—I took hold of the reins and stopped the horse—when the prisoner got down he seemed as if he had been drinking, and to be silly from drink—I have no doubt he was drunk, he smelled strongly—I took the horse and cab to the station, the other constable took the prisoner.
Cross-examined. I ran after the cab and got on to the step as it was going along—it had gone twenty or thirty yards—as far as I can remember the whip was in the socket—there was a lady fare in the cab—I have not seen her since—she ran away up Philpot Lane—I had all my time taken up looking after the horse, which was very restless—I did not speak to the prisoner—I only helped him down off his seat—I have never seen a man in a fit—I have been in the force three years—I smelled the prisoner's breath when I was on the step, but I only got a whiff of it—I should think he had been drinking Scotch whisky.
Re-examined. I am quite sure that his breath smelt.
JOHN WILLIAM SALLABANK . I am a clerk and live at 40, Eleanor Road, Plaistow—on March 31st I was going up Eastcheap from Cannon Street with some friends—opposite the Monument public-house I heard a shout—we jumped out of the way—I saw Fitzgerald and his wife in the road—I saw the cab strike the man and knock him down—I do not think it struck the woman—they were arm in arm—I think she hurt herself with falling—I went to the man's assistance—he was unconscious—I left them in the hands of the police—I should say the cab was going between ten and twelve miles an hour—it was going at what I should call a very fast pace—I heard a lot of people shouting after the accident—the prisoner did
did not stop—I believe he whipped his horse up—I am almost certain he did.
By the COURT. I see his whip going round and round; I took it that he was whipping his horse.
Cross-examined. I am not sure about the whip, it was a dark night.
GEORGE FRANKLIN HILLIARD , L.R.C.S. I live at 20. Addington Road, Bow—I was first called to see the prosecutor on April 7th, at his house—he was suffering from a fracture to the base of the skull—he remained under my treatment until June 7th, when I had him removed to the workhouse, and he was committed for fourteen days by the magistrate because he was insane—I think that might have been one of the after effects of the fractured skull, or it might be connected with his having left the hospital too soon—he is better now—he is deaf in one ear and deafer now than he was when I first saw him—I also saw Mrs. Fitzgerald—she was suffering from contusions on four of her ribs on the left side—there was blackness on the right hip and a contusion on the right knee—she is progressing now.
Cross-examined. I heard that the prosecutor had come out of the hospital the day previous to that on which I first attended him—it was an imprudent thing to come out too soon—it was about three weeks after I attended that insanity supervened—it was two months from the time that he left the hospital till he went to the workhouse—he was not in bed all that time—I have read of epilepsy, it may be traumatic or hereditary, it is very insidious and mysterious in its forms—one of its premonitory symptoms is headache or giddiness.
Re-examined. I had a case about three weeks ago where the patient suffered from epilepsy, and he went off suddenly while I was talking to him—if a man smelled of drink I should expect to find alcoholism, and that would make him dazed and unsteady in his gait.
The prisoner, in his defence on oath, said that whilst coming over London Bridge he had a fit; that he had had them before; that they were brought on by hot weather and excitement; that he did not remember running over the prosecutor or hearing any shouting; that he was not drunk, as he had only had one glass of beer, which had been given him by a fare who had engaged him and then disappeared without paying him; that epilepsy was in his family; that he had never been charged before, and that he had had a fit at Holloway Prison, and had been attended by a warder and a doctor.
Evidence in reply.
JAMES SCOTT . I am the resident medical officer at Holloway—I did not see the prisoner there so far as I recollect—there are three medical officers there—between April 1st and 9th they were Dr. Pitcairn, Dr. Watson, and myself—the evening the prisoner was admitted he was seen by Dr. Pitcairn—I cannot find any record that he was seen by a doctor after that—each prisoner is seen on his arrival and is asked if he has any complaints to make about his health—if he states he is subject to fits and he is not known he is placed in a special cell—that was not done in the prisoner's case—if subsequently a doctor's visit is necessary a record is made of it—if a prisoner had a fit in the presence of one of the warders it would be the warder's duty to report it to one of the doctors, who would then order his removal to a special.
cell—a record would be made in the book, and it would be known owing to the cell in which the prisoner was—I have examined the book to see if anything took place in this case—I can find no record of it.
Cross-examined. Epilepsy takes a great number of phases—I expect the prisoner was received at Holloway on April 1st, about 3 p.m.—there is no record in the book of his suffering from alcohol or anything special against him—he was treated as an ordinary prisoner—we have from 350 to 400 men at Holloway—some forms of epilepsy have been mistaken for drunkenness—the prisoner described the doctor who he said saw him as being fair and tall—Dr. Watson is fair but not tall—he is not at Holloway at present—he is at Brixton—we have 400 women as well as the men at Holloway, and we have sometimes urgent demands on our time—there are some phases of epilepsy in which the victims are unaware that they are in fits at all.
Evidence for the Defence.
THOMAS HOLDER . I am in business with my father as cab owners and job masters—the prisoner has been employed by us off and on for about eighteen months—we always found him steady, industrious and sober—we gave him the responsible jobs—we were unaware that he suffered from any affliction to his health—since the accident we thought it was to our own interest not to employ him.
JAMES JENNER . I have been a cabdriver for over twenty-five years, and live at 144, Upland Road, Dulwich—I have known the prisoner for about five years—about two months ago I was with him one evening at his house at George Street, Blackfriars Road—I was walking home with him and telling him that I had a job at 7.30 next morning—he said, "It is a long way, why don't you come to my place"—when we got near his place he said, "I do feel queer, but I shall be all right directly"—when we got into his passage he said it again—I said, "What is the matter"—we went upstairs—he had a peculiar look about his eyes—I became quite alarmed, although I heard he had had fainting fits before—I got him some water, and said I would call the landlady—he said, "No, I shall be all right"—I stopped with him that night till (6 a.m.—he was queer for about fifteen minutes—I left him in bed—he did not go to work that day.
Cross-examined. This happened before Mr. and Mrs. Fitzgerald were knocked down—it was quite five months ago—it was about February—it was about 12.15 at night—we had had a cup of coffee at the coffee-stall at the corner of Blackfriars Road—I did not think the prisoner had epilepsy, I thought it was a bit of a faint—he did not tell me he had had a fit before—I only knew he had from what his landlady told me—it did not strike me that he was not a fit man to drive a cab, or that he had had too much to drink—he understood what I said to him.
CHARLES PRUCE . I am a lighterman, and live at 41, Church Street, Blackfriars—the prisoner has lodged with me and my wife for between six and seven years—I have known him from a child—he has always had a good character for steadiness, industry and sobriety—I was bail for him at the Police Court—Mr. Boardman, the solicitor for the Fitzgeralds, came to me on Easter Monday.
Cross-examined. The prisoner has had fits off and on for eight years—I did not think he was fit to drive a cab—when he has been in a fit I have said to him several times, "Why don't you go to the hospital"—I have seen him in several fits—once we were talking together in our parlour—my little boy came into the room and got playing with the chairs, and made a sudden fall, and the sudden fright seemed to upset the prisoner, and if I had not been there he would have fallen into the fire, because he fell for wards—he was quite ten minutes in a faint—he did not know what he was doing, he was drowsy.
ALFRED HENRY PRUCE . I am the son of the last witness, and live with him—I am a lighterman, and a candidate for Doggett's Coat and Badge,—I was at school with the prisoner, and he has lodged with us for many years—about six years ago he got queer and fell down on his face, and he fell down again about Christmas twelve months—his mother was a very delicate woman—when the prisoner went off six years ago he remained in a fainting condition for about half an hour before we could drive or knock senses into him—I mean that we gave him water, we did not use him violently—at Christmas time he came over bad—we were all enjoying ourselves in our parlour—we took him upstairs—he was sick, but he was not so bad as he was six years ago—he was in a faint for about twenty minutes—I have never seen him drunk and have always known him as a steady, well-conducted young fellow—he is twenty-three years old, I believe.
Cross-examined. The last faint I saw was on Christmas Day—we had been having a party—we had a few drinks, but the prisoner only had lemonade—he has been a teetotaler all the time I have known him—I should be surprised to hear that he had had a glass of drink on the night of the accident—he had taken the pledge—I cannot say when he took it—I have a glass or two now and again—after any little excitement the prisoner goes over queer.
Re-examined. I did not see the prisoner take the pledge, but so far as I know he does not take any stimulant.
ANNIE FISH . I am the prisoner's sister—I am single and twenty-seven years of age—I live at 93, George Street, and am a bookfolder—I have never seen the prisoner drunk—he has been sober so far as I know—I went to see him at Holloway on April 5th—when I was speaking to him I lost sight of him—I thought he was called away—I see the top of his hat—I called the warder—my brother said that he was so bad that he really could not have the interview—we were allowed fifteen minutes for the interview, but we did not have it—I saw him through a cage—the warder said to him, "Keep courage, old fellow, don't give way," and he took him away—the prisoner looked as if he had one of his fits—I did not see his body—I thought he had been sent for through a trap door—I go off in these fainting fits myself some time—my mother had very bad health—she had this sort of going off; she would go off of a sudden and come to crying.
Cross-examined. I had only been speaking to my brother for a minute when he disappeared from my sight—I did not see him faint, but he must have fainted, because he was such a long time down there.
Re-examined. The object of my going to Holloway was to see my brother, and I was not able to do so—when he was going off he said, "I feel so bad, I must go"—I have seen him several times like it before—he would stop in this queer way for about twenty minutes—he has complained of headache and swimming.
JOHN AUSTIN FISH . I live at 26, Bear Lane, Southwark, and am a cab-driver and proprietor—I am the prisoner's brother—my mother died six years ago—she suffered from these fits till she was fifty—at the least excitement she would drop down and seem paralysed—I have seen my brother in them on four or five occasions—on the last occasion he passed water—that was about six months ago—I do not think he was a proper person to drive a cab, but he only had these fits when he was excited—I have never seen him the worse for drink or known him to be guilty of any misconduct—he is not a teetotaler, but he only has a glass once a day—I have never seen him overcome except in these fits.
Cross-examined. I do not suffer from them myself—my father was seventy-six when he died and I never saw him suffer—I should not employ anybody who was in this condition.
LEWIS JOSEPH MASSEY . I am a cab-driver, and drive a privileged cab—on the night of March 31st I was in London Bridge Station—I saw the prisoner there, about 10.20—he was then perfectly sober, so far as I could judge—I conversed with him.
Cross-examined. He had a tare at that time and was waiting outside the telegraph office—I do not know if he was excited—there was nothing; in his condition that attracted my attention.
FREDERICK WILLIAM HUSSEY . I am a cab-driver, badge 7989, and live at 16, Haselmere Road, Peckham—I was at London Bridge Station on Easter Monday—I saw the prisoner there about 10.20 p.m. sitting on his cab—I spoke to him for about fifteen minutes—I have known him about three years—there was nothing in his manner to lead me to suppose that he was not in a sober condition—I have never known him to be the worse for drink—I heard that he was subject to fits, but I have never seen him in one—I heard of his being locked up and I went to the station with the man from the yard to fetch the cab away—I said at the police station that I had seen him just before the accident and talked to him, and that he was then sober.
Cross-examined. The prisoner told me he was waiting for a fare—he did not say where he was going to—I do not remember what time I got to the railway station on March 30th or April 30th.
THOMAS DELLER . I live at 56, Ethelred Road, Lambeth Walk, and am a horsekeeper to Messrs. Holder—I have been employed by them for about eight years—I remember the prisoner changing horses about 7.30 p.m., he was then perfectly sober—about seven months ago he became queer at London Bridge Station—I did not see it—I have known him about five years; he has been a steady, sober, and upright fellow during that time—I should only trust my master's horses to people I believed to be sober—if there was any particular job it was given to him—he was considered generally reliable in the yard.
WILLIAM COWPER . I am a cab-driver, badge No. 12,330, and am employed by Messrs. Holder and Sons—I was at London Bridge Station on March 31st—I left there about 10.35 p.m.—I last saw the prisoner there about 9.50 p.m.—I was speaking to him at that time—as far as I could judge he was then perfectly sober—I have never seen him the worse for drink—about five months ago he came over a little queer at London Bridge Station while in charge of his cab—he said he felt a bit faint—when I heard of this accident I went to the police station—nothing was said about drunkenness—I was told he had knocked two people down.
Cross-examined. When he had the faint about five months ago I got him some water—he was on our stand then, not on his cab—I do not know if he drove his cab again that day—I went off and left him in charge of the attendant.
RICHARD LEWIS JAMES . I am a cab-driver for Mr. Holder, and live at 43, Lambeth Road—I have been a cab-driver for three years—I have known the prisoner for about three years—during that time he has been a well-conducted young fellow—I saw him on Easter Monday about 1 p.m—he was standing by his cab outside the telegraph office—I talked to him—he was quite sober.
ALBERT RICHARD HOBSON . I am a cab-driver, and live at 54, Larkham Street, Walworth—I drive for Tilling's—on Easter Monday I was on the stand at London Bridge Station—I saw the prisoner there between ten and eleven—I talked to him—he "was perfectly sober—I have known him about six years—he has always borne a high character for steadiness and sobriety—I have never seen him take any drink—I left the station about 10.30—he was there then.
ASLETT BALDWIN , F.R.C.S. I am surgeon-registrar at the Middlesex Hospital, assistant surgeon at the London Hospital, and formerly medical officer at the Middlesex Hospital—I examined the prisoner last Wednesday—his heart is extremely weak—you cannot feel the impulse at all when the hand is laid on the chest—I asked him a number of questions to try and find out his condition—he told me that he had had, I think, about eight fits in about eight years—he called them faints, not fits—I came to the conclusion that they were not faints, but one of the minor forms of epilepsy, what is called petit mal—it assumes a very great variety of forms, and it is very easy to mistake it for faintness, drunkenness, or extraordinary eccentricities—it is often extremely difficult to diagnose drunkenness—the prisoner did not seem to have any idea that epilepsy was the proper word to use—doctors often mistake it for drunkenness, and sometimes it is not recognised for years that a person has epilepsy, and they do not know that they have it themselves—he said he had a headache all day, and just before the fit a swimming in his head—that was when he was in the middle of London Bridge—that would be consistent with petit mal—he was not in a state to drive a cab—he would not necessarily fall off his cab—he could hold the reins, but he would be quite irresponsible for what he did—there is no doubt that he was suffering from petit mal at the time—he said that after the fits he felt very dared and his head ached—he said he had not passed water, but one of the witnesses
said that he had once—that is one of the signs, and is a strong confirmation—he told me that he had once fallen forward out of a chair—that might denote ordinary epilepsy or an ordinary fit—hot weather, disappointment, or worry would tend to bring on these fits—he said they had started on a very hot day—I did not put any leading questions to him—I left it to him to give a frank and full description—he said that he sometimes woke in the morning with a confused mind and a headache—a weak heart is one of the conditions of epilepsy—his mother seems to have had attacks of this nature—it is very hereditary, and would be called congenical.
Cross-examined. I did not ask him if he was able to drive his cab the day after a fit—he did not say he could not carry on his work next day—he did not say that the day after this accident he felt worse than usual—I cannot say if alcohol would have more effect upon him than upon an ordinary man.
EDWARD EDLIN , F.R.C.S. I made a careful examination of the prisoner on June 9th—I find he has an irregular, intermittent, and weak heart's action—a heart like his would hurry on epilepsy—I asked him about the attacks—he called them fits—I asked him if he passed water, and he said no—epileptics do not always pass water, but in this pettimal patients do do so—if the prisoner did it would be confirmatory—excitement or worry would tend to bring on one of these attacks if he had a weak heart—there is what is called the grand mal—people recover from that sometimes in less than a quarter of a minute—it is the petit mal which is so insidious—the patient may not know that he has it—I have heard the evidence given by Dr. Baldwin—it is correct—I examined the prisoner before Dr. Baldwin did—he knew I had examined him but did not know what I said about him.
Cross-examined. You cannot say for certain if the prisoner could carry on his business the day after one of these attacks—he might run about and stick somebody—it is impossible to say what he would do—I do not think a glass of bitter would have made any difference to him—I think the exictement he had with regard to his fare would be much more likely to disturb his heart—he has, at any rate, got a functional disease of his heart—he did not tell me that he was not right on the day following this attack—I heard the evidence of the police with reference to his condition when he was stopped—that would be consistent with a fit or faint or an attack of petit mal—even in severe head injuries men are brought into the hospital and sent away because they are thought to be drunk—in my opinion, I think the police have been honestly mistaken—they are not capable of judging one way or the other—even a doctor might have been mistaken if he saw him some time afterwards.
NOT GUILTY .
MR. HUTTON, for the prosecution, offered no evidence, and the Jury returned a verdict of NOT GUILTY .
544. ANNIE SMITH was again indicted for wilfully neglecting May Smith in a manner likely to cause her unnecessary suffering and injury to her health, to which she PLEADED GUILTY . Six months in the second division.
MOORS, GUILTY . Twelve months' hard labour each.
OLD COURT.—Wednesday, July 23rd, 1902.
Before Mr. Justice Lawrance.
546. REGINALD ALOYSIUS SIDGREAVES, alias GEORGE GORDON DUFF (26), PLEADED GUILTY to two indictments for sending two letters to Augusta Montgomery, demanding money with menaces Five years' penal servitude.
Mr. C. MATHEWS AND Mr. BODKIN, prosecuted; Mr. TUDOR, defended Cooper; Mr. JARVIS, defended Ersser.
RICHARD WILLIAMS . I am employed by Mr. Bailey, of Carlow Street, Hollington Road—on June 16th I was in charge of Mr. Bailey's van—about 2.45 p.m. I left it in New North Street while I went to Mr. Bailey's place in the Theobald's Road—when I returned in a few minutes the horse and van had disappeared—I did not see it again till the next day—I have seen the deceased in Mr. Bailey's yard occasionally—he was employed as odd man.
Cross-examined by MR. TUDOR. I have seen Cooper working in the yard occasionally.
JOSEPH THOROGOOD . I am a carman employed by Mr. Bailey—on Thursday, June 26th, between 1 and 2 p.m. I was in the Turk's Head with others, including William Collins, Maloney, Cooper, and Ersser—coming out of the Turk's Head together we saw one of Bailey's vans with no one in charge of it standing outside—some of us jumped in, including "Maloney, Ersser and Cooper—Maloney drove the van just past the Nag's Head at Holloway—we had been drinking and we had more drink—then most of us got back on the van—we drove to the Cheshire Cheese, Mount Pleasant—Ross, O'Brien and I went in and had drink—Maloney and Ersser did not go in—we went back to the van—Maloney and Ross got into the van and I formed one of the walking party—the prisoners walked on in front of us to a public house in Little James' Street, called the White Lion, where the van had just arrived—Maloney, who had been driving it, jumped down and caught Ersser on the arms with the reins—I could not see whether it was intentional—he then hit Cooper
en the jaw with his fist, and with his arm round his shoulder—Maloney took off his coat and said, "From what I can see I have got to fight my way out of it"—Ersser and Cooper went up Little James' Street and across into Chapel Street—I followed with Muden a few minutes afterwards—I saw Cooper and Ersser following about three or four yards behind him—as Be passed me I said, "Where are you going"—he said, "I have got something here"—his right hand was in his pocket—he was going from the corner of Chapel Street across Great James' Street—Muden and I a few seconds afterwards turned round and went back towards Lamb's Conduit Street—as we got back to the corner of Little James' Street I saw Cooper coming towards us very quickly, and at the corner of Great James' Street I saw Maloney lying on the ground in the road where the two little black crosses are on the plan—I had last seen Ersser in New North Street—I saw him coming down New North Street about half an hour after the thing was done—I went to where Maloney was lying and saw blood coming from his chest—someone assisted him into the van and I went in the van to the hospital—Maloney could use his fists—he could fight and take his own part—I knew Cooper and Ersser as well as Maloney.
Cross-examined MR. TUDOR.—Cooper is a quiet man—I have never seen him fight—Maloney was taller than I am, and about Cooper's height—we drank four ale from a quart pot—I saw no drink refused to be served—at a public house in Camden Passage we had about three quarts of beer and more in the Holloway Road—I heard no quarrel at the Cheshire Cheese between Cooper and Maloney, nor Cooper say,"You are in the wrong place to cause a row '"—Ross was present—I did not hear him say that he knew all the mob down there—Cooper stood in the doorway—quarrelling went on, but there was no fight—Maloney and Ross got into the van in Gough Street—the afternoon was a bit warm—I know Cooper's family—Ersser did not complain that the rein's fell on his arm.
Re-examined. We all had a drop—it had no effect.
JOHN MUDEN . I live at 10, Wilson Street, Gray's Inn Road, and am a carman to Mr. Bailey—I was at the Cheshire Cheese on June 26th with about a dozen others, amongst them Maloney and the prisoners—I was talking to Cooper—he was the worse for drink—I tried to entice him home—some quarrelling was going on—it seemed to be amongst all of them—I was there about five minutes—I went with Cooper, Ersser, Thorogood and Thompson up Elm Street, crossing Little James' Street—that is the lower side of Gray's Inn Road and a turning off Mount Pleasant—I stopped at the White Lion—outside the house Maloney stopped Cooper, but the conversation I never heard—Maloney was driving the van—Cooper was on the pavement—I saw Maloney speaking to Ersser in rather an angry way—a little while after I saw Cooper come up Little James' Street and cross into Chapel Street—about three minutes afterwards I saw him return in the direction where Maloney was in Little James' Street—I was standing at the corner of Little James' Street—I walked round the corner as Cooper returned with his hands in his coat pocket, about nine paces from Maloney—a woman said, "He has a knife in his pocket"—Cooper held his hands in that position [Together]—there
seemed to be blood on them—he put his left hand into the side pocket or his coat—I walked on and saw Maloney lying on the ground—I assisted to put him in the van.
Cross-examined by MR. JARVIS. I saw the prisoners talking to a woman about thirty yards off—when the prisoners were talking together in Chapel Street I was fifty or sixty yards away.
REBECCA MERMET . I am the wife of Florent Mermet, and I live in Chapel Street—on June 26th, between 6 and 6.30 p.m., I was in Great James' Street—my attention was attracted by Ersser having his coat turned back as if he was putting it on or taking it off—two young fellows were with him—Cooper was one—they were coming from Chapel Street round the corner in to Great James' Street—they came towards me—I heard Ersser say to Cooper, "Take off your coat and go for him," or "do for him" Cooper crossed the road into Little James' Street—Ersser was still in Great James' Street—I saw Cooper go into a crowd of people in Little James' Street and go towards a man and strike him—the man fell on the ground—I was about the distance of this court off—I simply saw Maloney roll round, and fall on his back—Ersser was looking down Little James' Street whilst Cooper was striking Maloney—Cooper joined Ersser in Great James' Street, and they went towards Chapel Street—that was the last I saw of them.
Cross-examined by MR. TUDOR. I think Maloney was coming towards me when he was struck, and with his face towards Great James' Street—I could not say exactly only by the position he fell—I did not see Maloney in a threatening attitude.
FRANK ROSS . I live at 33, New North Street, Holborn—I was with the prisoners and Maloney on the afternoon of June 26th—in the Cheshire Cheese I heard Cooper say to Maloney, "This is the wrong neighbourhood for you to talk to me about righting, as I am very strong-handed"—that is slang for"I know everybody"—I said to Cooper, "You leave him alone; he is too drunk for you to argue with him"—Cooper turned the right turn and went to the corner of Warner Street—I went in the van to the White Lion in Chapel Street—I cannot say who drove, but Maloney did not—others were in the van—when I got to Little James' Street I said to Maloney when they were talking about the van, "You are too drunk to take this home"—he was practically helplessly drunk—to the best of my belief Cooper was half drunk, and Ersser fairly sober—at the White Lion I believe Cooper wanted to fight Maloney—Cooper sparred and Maloney took his coat off—I stopped the quarrel, put Maloney's coat on for him, and took him away down a yard on the left-hand side of the street—the prisoners walked away, and I kept Maloney in the rear—I saw Cooper return and cross the road—he stepped in between me and Maloney, and said, "This is what I have got for you, Jack"—I thought he was going to hit Maloney, and put my right hand up—he stabbed Maloney in the chest—I saw the knife go by my fingers—I saw the steel as I put my hand across—I saw the knife in his hand—Maloney turned off, and I caught him round the waist—Cooper walked sharply to the right-hand side of Little James' Street, and I lost sight of him—he touched Ersser on the shoulder
—Ersser was twenty yards away from me—Ersser followed him—Cooper trotted—I saw Ersser in Chapel Street as I ran after Cooper who put his right hand in his right-hand coat pocket—he had a light coat on.
Cross-examined by MR. TUDOR. I was sober—several others were sober—I joined the party in New North Street, Theobald's Road—the time was about 2.50 p.m.—I was not refused drink in High Street, Islington—drink was applied for in Camden Passage—I stopped to give the horse water at Islington, not in the Holloway Road—we went to several public houses—we stopped outside one in Gough Street—I was served at the Two Brewers alone with my money—I did not go into the Lichfield—I did go into the Cheshire Cheese—we were in New North Street about 2.50—I had breakfast and dinner—that afternoon I had about five half-pints of ale—I was not affected by it—I said at the police-court that I did not pay for the drinks—I did not pay because I had no money—a stranger gave me 2d. at the Two Brewers, because I said I was thirsty—I cannot swear we were not refused drink—we were in the Theobald's Road—that was through a young man playing an instrument—I took Maloney's part—I did not say, "I know all the mob"—I am a stranger in that part—I saw the man I knew afterwards as Brown—I recognised him by the colour of his handkerchief—they were not all strangers—there were twelve or fourteen altogether—Maloney was harmless, and not a pugilist—I have known him eight years by sight and as a companion—Cooper stepped in between me and Maloney—we were five feet apart—Cooper and Ersser walked towards Little James' Street together.
Cross-examined by MR. JARVIS. Ersser was about twenty yards off when Cooper struck Maloney—his back was towards us—he was walking slowly.
JOHN ARTHUR WEST . I am house surgeon at the Royal Free Hospital, Gray's Inn Road—I took charge of Maloney when he was brought there on the afternoon of June 26th in a moribund condition—he died within a few minutes—on examination of his body I found the cause of death was a wound on the left-hand side, behind the second rib—it was a stabbing wound which would be caused by a pocket-knife—it was 1 1/4 inches long and 1/2 inch broad—from the post mortem examination I found the wound penetrated about an inch into the pericardium and entered the aorta in two places—the cause of death was hemorrhage and syncope, the immediate result of the wound—violence was used, but how much would depend on the sharpness of the knife.
Cross-examined by MR. TUDOR. The man was clothed in a coat, shirt, trousers, and he had boots on—he might have fallen against the knife.
WALTER SHROEDER . I am secretary to Dr. Danford Thomas, Deputy Coroner for St. Pancras or Central London—I was present at the inquest on the body of Maloney held by Dr. Thomas—I took down the evidence of the witnesses—amongst them the evidence of Ersser and Cooper, after they had been cautioned by the Coroner—their evidence was read over to each of them, and they severally signed it—I produce the original depositions. (Read.):—" Sidney Herbert Ersser, after being duly cautioned, on oath, deposed: I am a stableman and live at I, Gage Street, Theobald's Road I am 10 years old. On Thurs-day
last I was out with a party in a van. I got out of the van at the Cheshire Cheese, Mount Pleasant. We all got out of the van at the same time. We had all been friends together. A man named William Collins came to me and gave me 3d. towards buying another drink all round. I said to him, 'I have not got enough,' and in game he poked me in the stomach and kissed me afterwards. We were sober enough. The van then went away from the Cheshire Cheese through Gough Street. The deceased, Maloney, was driving from Mount Pleasant Some rode and some walked to the White Lion, Little James Street, and it was about half past five. Then I saw Maloney pull up the van and say to Cooper, 'Who is going to take the van home.' Cooper said to him, 'I am not.' Then I see Maloney take his coat off and he went up to Cooper. I see no more. I did not hear nothing. I saw Maloney make a blow at Cooper. I walked right by it up towards Great James Street. I crossed Great James Street, got into Chapel Street, when Cooper came up to me and asked me to lend him a knife. I had one. Having no knowledge of what Cooper was a going to do with my knife he left me. I lent him my knife. Cooper then left me, crossed Great James Street, and turned into Little James Street. I was at the corner of Little James Street when I see Cooper go up to the deceased man. Whether he had or not the knife in his hand I did not see. He made a punch at Jack Maloney. He then passed me by, turned round, and come back. I afterwards see Cooper in Chapel Street; that was about two minutes afterwards. I said nothing; to him and did not see any more of him till his arrest. By the CORONER. I did not notice anything about Cooper or his appearance when he passed me. I did not say anything to Cooper about taking off his coat and doing; for Maloney. I have known Cooper about two months. I have had no quarrel with Cooper. We had all been drinking to a certain extent. Cooper did not return the knife to me. I did not ask him for it. It was a one-blade pocket knife, and the blade was about two inches long. I had a suspicion of what had been done. I afterwards told a man named Brown that I thought Cooper had stabbed Maloney. Brown got injured the same evening by the horse of the van, and went to the Homoeopathic Hospital. The same evening, about seven, I heard from Miss Newman, of North Street, of the death of Maloney. I said to her, 'Cooper must have stabbed him She told me that Collins was at her door crying and wanted me. I went to Collins, asked him what was the matter, and he said, 'Maloney is dead.' I said, 'It cannot be; come with me to the hospital wherever he is gone.' William Collins, his young lady, and me were going to the hospital when I was arrested.'—Sidney Herbert Ersser. Henry George Cooper, after being duly cautioned, on oath, deposed: 'I am a carman, aged 19 years, and live at 27. Devonshire Street, Theobald's Road. I knew Maloney as a friend, also Ersser, and the other men. On Thursday last we went for a drive round. There was Maloney, myself, Newman, Brown, Bill Collins, Ersser, George Thompson, Joe Thorogood, Ross, and another man as far as I remember. We all got out of the van at the Cheshire Cheese. Some went in the Cheshire Cheese and some kept out. Ersser was crying and said someone had punched him in the
belly. With that me. Ersser, and Muden walked away. We left Muden at the corner of Gough Street, and we walked into James' Street, and Maloney followed up with the van. We stopped at the White Lion. There had been something said about fighting, and I said we were in the wrong neighbourhood for fighting. Maloney took his coat off and struck Ersser in the mouth and made it bleed. Maloney came up and struck me. Me and Ersser walked away, and we got as far as Chapel Street. I asked Ersser for something to hit with. It was no good me trying to fight him being a pugilist; Ersser gave me the knife. I went down towards Maloney. He said, 'Are you going to take the van home,' and I said, 'No, why should I. I never got it.' and then Ersser was about a yard behind me. Maloney made another blow at me, and in self-defence I struck him with the knife. I did not do it with the intention of killing, but just to defend myself. That is all I have to say. By the CORONER. I handed the knife back to Ersser when we walked back together. I don't know what became of it. Ersser said to me before I got the knife, 'Take off your coat and do for him.'—Henry George Cooper."
Cooper at this stage, on the advice of his counsel, PLEADED GUILTY to manslaughter. The charge of murder was withdrawn, and the Jury returned a verdict of NOT GUILTY with regard to Ersser, and of GUILTY against COOPER, who received a good character. Six months' hard labour.
MR. DRUMMOND Prosecuted, and MR. MUIR Defended. GUILTY . Five years' penal servitude.
THIRD COURT.—Tuesday, July 22nd. And
FOURTH COURT—Wednesday, July 23rd.
Before A. J. Rentoul, Esq., K.C.
549. JOSEPH EASTON STANLEY, GEORGE MILLS (64), SAMUEL BEARDS (31), and CHARLES SIMONS (32) , Conspiring and agreeing together to obtain and obtaining by false pretences 21 dozen rings, 3 dozen watch chains, 4 rings, and 27 rings from Edwin Alfred Marsh; also obtaining 6 dozen rings from Walter Saunders and another; also attempting to obtain 144 pairs of sleeve links from Francis Edward Ashford; 24 bedsteads from Joseph Whiteley Hefflethwaite, and 144 brooches and 23 alberts from John Francis Pepper, in each case with intent to defraud.
MR. MUIR and MR. BODKIN Prosecuted; MR. ELLIOTT and MR. FITCH appeared for Beards; MR. EDMUNDSON and MR. LUPTON for Mills; and MR. BIRON for Simons.
FRANCIS NEWMAN . I have offices at 52, Queen Victoria Street, and I have the letting of the ground floor of No. 60, Queen Victoria Street—on January 2nd, 1901, I let by agreement a room on the ground floor to a person named Thomas Field, of South Road, Southgate—I recognise Mills as the person I let the room to—the rent was £25 a year payable monthly in advance—I saw him there from time to time—I also saw Stanley there
—I do not recognise Beards or Simons—the name on the door was Field and Son—I understood Mills and Stanley were father and son—they occupied the premises till about the middle of August—the rent was paid fairly regularly, but there was one month's rent owing in August—I did not give them notice to quit, and did not know that they had gone till about August 12th—I used to collect the rent—sometimes Mills paid it and sometimes Stanley—when I went into the office I saw samples of goods there, also a piano—I think Stanley was with Mills when the agreement was signed—Mills signed it in my presence.
Cross-examined by Stanley. I have never personally received any complaint against the firm of Field, Son and Company—in most instances the rent was paid by cheque—I commissioned Field. Son and Company to find me a warehouse.
Cross-examined by Mills. The firm left the premises owing one month's rent in advance—you did mention something about a smell that came from the Indiarubber works next door, but there was no complaint, and that was not the reason of your leaving.
MARY HALE . I am housekeeper at 60. Queen Victoria Street—I remember Field, and Son having an office at that address—I recognise Mills and Stanley as Field and Son—I understood them to be father and son—there was no description of their business upon the door, but there was the name of Field. Son and Company—there was furniture in the office, and I also noticed two pianos—I remember the second piano being delivered, the father was there when it came—I noticed "Leipsic" on it—I had a conversation with the young Mr. Field and he told me he had lost a lot of money, I am not sure as to the amount, but it was either £200 or £400—they left about August 10th—I did not know that they were going and they did not leave any address to which any letters could be sent.
Cross-examined by Stanley. I heard no complaint against Field and Son—you did complain about a smell from the indiarubber works next door—I admit the smell was very unpleasant—the office is a small one underground—I saw two pianos there and a number of clocks—I should think roughly that about twenty firms occupied 60. Queen Victoria Street—it is not unusual for a firm to have simply the name on the door.
RICHARD HENRY WILLATS . I am a land agent and carry on business at 66, Holborn Viaduct—I let Nos. 26 and 27, Imperial Chambers, Holborn Viaduct, to a person giving the name of Francis Taylor at a rent of £110 per annum payable quarterly—the agreement is dated July 26th, and was signed by Taylor otherwise Stanley—Nos. 26 and 27 are on the third floor—I had to distrain for the first quarter's rent, but was paid out—before the second quarter's rent became due they had gone without notice, and I got no more rent.
Cross-examined by Stanley. In the event of Taylor and Son wishing to vacate the offices notice would have to be given to the Chatham and Dover Railway—I cannot give the exact date that we distrained, but we did distrain and were paid out—the notice to be given for vacation of the premises was one month on either side—I have never received any complaint against Taylor and Son, but have had inquiries.
Cross-examined by MR. BIRON. I cannot give the date when Taylor and Son left Imperial Chambers—after we distrained and were paid out we lost touch of the thing altogether.
Re-examined. The inquiries made of us were simply as to credit and whether we thought the firm respectable.
JOHN DREW . In June last I carried on business as a contractor at 245, High Holborn—I am the owner of 59 and 60, Hatton Garden, which are known as Colonial Buildings—in April of last year I let a room on the third floor to a man named Simons at an annual rent of £25 payable quarterly—he gave me references which were satisfactory—the rent was paid in advance at the time he took the room, but it was not paid regularly afterwards—I gave him notice to go in December—I did not know a firm named Brandon and Company were carrying on business in that room—I might have gone to the premises while Simons was there, but I did not go into his room—I did not notice the name of Brandon and Co. put up anywhere, but my caretaker told me of it—about March last Beards called upon me to know if I had a room to let, but I found out who he was and declined him.
Cross-examined by MR. BIRON. When I let the premises to Simons I asked him what his business was, and he said a wholesale jeweller—it was by my request that he paid the rent in advance—he left in December—I do not know what furniture was left in the office when Simons went; there may have been a little, but nothing of any value that I know of—I do not know whether any furniture was sold for the purpose of paying the remainder, of the rent.
Cross-examined by MR. FITCH. I believe the man who called upon me last March was the same man that I let the room to; I do not know the name.
ARTHUR BYNER . I am the caretaker at 59 and 60, Hatton Garden—in April of last year a room on the third floor was let to two men named Simons and Brandon—I identify the first man this side as Brandon, and the man next, to him us Simons—they remained there regularly till September, and then they came in a desultory sort of way up till November—I did not see any goods delivered there—in March last I was in Hatton Garden when the second man from this side came and asked me if I had an office to let, I said "No not at present"—I told Mr. Drew that I had seen him—I did not go into the room while they were in occupation—I did not do any cleaning for them—there was a screen round the door which prevented anyone seeing in—I did not see any goods or books in the office, but there was some furniture—when the people went they left a little furniture behind.
Cross-examined by MR. BIRON. The furniture that was left behind I moved into another empty room, as that particular room was let to a another tenant—there were two tables, three chairs, a copying press, and a clock, there was no carpet—I took one of the tables, the three chairs, and the copying press—I sold the other table to one of the tenants for a few shillings—I kept the best one, but it was not worth £1—I did not tell Mr. Drew that this furniture had been left—I knew there was some rent owing to Mr. Drew, but he did not get any of the furniture—I have never
had to complain of Brandon and Company—I never looked into the office to see what was going on there—this room is on the third floor and I live on the fourth floor—my duties are to keep the place clean and to clean out the offices of those tenants that want them cleaned.
SAMUEL TILLEY . I am manager to Messrs. Page and Co., printers, of 6 and 7, Barbican—I recognise Simons and Beards—they came together and ordered some stationery—the sheet produced is a specimen of what we printed—they came on two or three occasions afterwards.
Cross-examined by MR. BIRON. This was an ordinary printing order for which we were paid in full—I have had twenty-five years' experience in the printing trade and it is quite usual for people starting in business to put out as good a billhead as they can.
Cross-examined by Stanley. We have never done any business with Taylor, Son and Company, of Holborn Viaduct.
EDWIN ALFRED MARSH . I am a manufacturing jeweller, and carry on business at 16, Northampton Street, Birmingham—I received a letter from Taylor, Sons and Company, asking for calalogue and prize list, and I instructed Mr. Mirams, a traveller of mine, to call upon them—I afterwards got an order from them for three dozen rings—they were packed up "in my presence and were handed to a messenger with instructions to take them to Messrs. Hale and Co., who are forwarding carriers in the jewellery trade—I have the receipt by Messrs. Hale and Co. for the parcel which shows they left Birmingham on the 16th—in addition to those rings my traveller supplied further jewellery to the value of £48 12s. 0d., £29 10s. 0d., and £41 15s. 6d., the total amount being £143 5s. 6d.—I wrote several times for payment and then instructed my solicitor to write—I got back four rings value £29 10s. 0d., and that reduces the amount owing to £113 15s. 6d.—when I got their letters I thought they were a genuine firm—the words "Government Contractors" did not influence me in any way, but I enquired at Chatham and had a very favourable report of Taylor and Sons.
Cross-examined by MR. BIRON. In these transactions I was dealing with Taylor, Son and Company—the four rings I got back are known as gem rings and are of considerable value—that was a transaction quite apart from the goods supplied to Taylor and Sons—they were left on approbation with Simons, who said he wanted an engagement ring, and when the firm got into difficulties they were all returned—that was the only transaction I had with Simons—the question of payment was left to Taylor and Son; it was optional whether they had one month's credit or a three month's bill; either would have satisfied me—I believe there was something mentioned about Taylor and Son preferring the one month's credit, as they wanted the discount—my prices are strictly net.
Cross-examined by Stanley. In the letter written on a telegraph form only one ring is mentioned, but I received two then, and the other two afterwards—Mr. Mirams left my employ about February 16th, or 20th, because I did not approve of this transaction—I believe it was you who returned the rings—with the last two rings, I received a letter from you to the effect that you had been robbed.
THOMAS EDWARD MIRAMS . I live at 80, Maxey Road, Birmingham, and am a traveller in the jewellery trade—at the end of last year I was in the employment of Mr. Marsh, and on his instructions I called on September 11th at 26 and 27, Imperial Buildings, Holborn Viaduct—I saw Beards, and he told me to call again as the buyer was out—I called again the same day and saw Simons and Stanley; Beards was in the outer office—Simons selected £40 worth of rings and showed them to Stanley—they then arranged to keep them, and I left an invoice—Simons told me in Stanley's presence that they were in a very large way of business at Hight Street, Chatham, that they did a lot of business with men in the dockyards, and that they were contractors to the Admiralty—when I left they gave me a fresh order for three dozen rings which I sent on to Birmingham for execution—the value of those rings was £23 8s.—on October 17th I called again upon Taylor,. Son and Co., and saw Simons and Beards—Simons told me that he had just received the three dozen rings from Birmingham—when I asked for payment Simons told me that Mr. Taylor, meaning Stanley, was at Chatham, but would be back the next day, and if I called then I should have a cheque—on the strength of that Simons took some more goods from stock to the value of £48 12s.—at the same time Simons told me he wanted an engagement ring, and would I let him have two or three for the lady to choose from—I left four, value £29 14s., and I charged it to the firm at Simons' request—I understood the lady to be Miss Taylor, the stepdaughter of Stanley—I called again for the promised cheque, but Simons told me that Stanley had not come back from Chatham, and that he would send it on to Birmingham, but it did not come—On November 8th I called again on Taylor, Son and Co., and found the bailiffs in possession for rent—I saw Miss Spinks there, and she gave me the address of Brandon and Co., at Hatton Garden—I went there but did not see anyone—I also went to an address at Marylebone and saw a lady there, but the lady I saw was not Miss Taylor—on November 9th I went again to Imperial Chambers and saw Stanley—I accused him of carrying on a long firm fraud, and told him that he kept no books—he said he had, and produced some, but the entries were all torn out, and he said they had been torn out by Beards and Miss Spinks while he was on the Continent—he then told me that his wife was a wealthy woman, and that he had made an arrangement to meet his creditors on the following Tuesday—I spoke to Stanley about the gem rings and he admitted that Simons had got them by fraud, but that he knew where they were, and that Mr. Marsh should have them back—I saw the four rings when they were returned to Birmingham—at the time I parted with the goods I believed the statements made to me.
Cross-examined by MR. BIRON. I was led to believe that Taylor, Son and Co. had a depot at Chatham—when I first went to Imperial Buildings Simons introduced Stanley to me as the proprietor of the business and referred to him as Mr. Taylor—Simons ordered the goods, but consulted Stanley first—I was never told what position Simons occupied in the business—on the second occasion when I called for the cheque Simons told me that Mr. Taylor was at Chatham, but would be back the next
day, and if I would call then I should have the cheque—I called but did not get it—business was done by Simons in the absence of Stanley—the four gem rings which Simons had were returned—we do make some bad debts, but I cannot say whether our prices are regulated with a view to meet that contingency—when Simons had the goods I offered him three months' credit, but he said he preferred a month's because of the 5 per cent, discount—my firm took proceedings to recover the money against Taylor, Sons and Go.—I do not know whether they recovered judgment against. Mrs. Taylor.
Cross-examined by MR. FITCH. When I first went to 26 and 27, Imperial Buildings, I saw Beards—he came from the inner office when I went in—Miss Spinks was in the outer office—I spoke to Beards, and he told me to call again as the buyer was out—Beards had nothing to do with the buying—the goods were never taken to him for approval.
Cross-examined by Stanley. When the goods were purchased the firm were allowed 5 per cent, if payment was made within one month—when Simons got the four rings he did not give me any receipt. I left an invoice—I have never personally done business with you—I have only seen you twice, once when the first transaction was made and next in Matheson's office—I then accused you of carrying on a long firm fraud, and that you kept no books—you did produce some books, but the pages were torn out—you accused Miss Spinks of robbing you—you told me that Mrs. Taylor would pay the bill.
FRANCIS EDWARD ASHFORD . I am traveller to the firm of J. Ashford and Sons, manufacturing jewellers of Birmingham—I received a letter on September 9th, 1901, from Taylor, Sons and Co., asking for catalogue and price list—I called upon them at Imperial Buildings, Holborn Viaduct, and saw Simons, who gave me an order of twelve dozen pairs of links—I asked for references, and first of all he said he did not care to give references, but afterwards he said he did business with Mr. Marsh, of Birmingham—I asked if I could take that as a reference, but he said, "I would rather you did not"—we did not supply the goods—if we had had good references, of course, we should have done so—when I went to the office there was another man there, but I could not identify him.
WALTER SAUNDERS . I am a jeweller, and reside at Birmingham—on September 9th last year I received a letter from Taylor, Sons and Co., asking for catalogue and price list—I wrote back enclosing a catalogue, and then received an order from them for a quantity of rings, value £15 15s.—I sent the articles by the Midland Railway, and have the carman's receipt—on the waybill there is the name of Taylor, Sons and Co. as the consignees, and against it is the signature of the carman—I have applied for payment, but have never been paid—when I parted with the rings I thought Taylor, Sons and Co. was a genuine firm.
WALTER IRISH . I am parcels clerk at the Midland Railway Company's office at St. Pancras—I produce a waybill referring to goods carried over the Midland Railway by a train leaving Birmingham on September 28th to London—I also produce a delivery sheet showing Taylor, 26, Imperial Buildings, Holborn Viaduct, to be the consignees of item 16.
HERBERT ELDIN . I am a carman in the employ of the Midland Railway Company—I was the driver of the cart which carried the parcels specified in the delivery sheet, dated September 28th—I delivered item 16 at No. 26, Imperial Buildings, and a man named Beards signed for it—I recognise the prisoner Beards as the man who I delivered the parcel to.
Cross-examined by MR. ELLIOTT. I had not delivered any goods to Taylor, Sons, and Co. before as far as I remember—I had never seen Beards before, and have not seen him since—I first identified him at Bow Street about nine months after.
Re-examined. I picked Beards out of twelve or fourteen men at Bow Street.
SYDNEY HERBERT ONIONS WATERHOUSE . I am the manager of Phillips and Sons, bedstead manufacturers of Birmingham—I received a letter in July last from Taylor, Sons and Co., asking for catalogue, in consequence of which I instructed our London agents to call upon them, and sent a pattern-book by post—on October 2nd I received an order from them for two dozen French bedsteads—at the bottom of the order sheet there were the names of two firms given as references, one J. W. Brandon and Co., 27, Colonial Buildings, Hatton Garden, and the other Messrs. Foster. Porter, and Co., of Wood Street—we wrote, but only got a reply from Messrs. Foster, and after getting that reply the goods were not supplied.
Cross-examined by MR. BIRON. Our letters are kept in the ordinary course of business, but we cannot trace a reply from J. W. Brandon and Co.
JOSEPH WHITELEY HEBBELETHWAITE I am the London agent of Messrs. Phillips and Sons, of Birmingham—during last year I called several times upon Taylor, Sons and Co., and used to see Simons, who ultimately gave me an order for two dozen bedsteads—he told me he wanted the bedsteads for Australia—I saw Stanley and Beards in the office—from a conversation I had with Stanley I gained the impression that they had a large business at Chatham—seeing "Government Contractors" on the stationery I thought it would be safe for me to trade with them—Simons wrote the references on the order note in my presence.
Cross-examined by MR. BIRON. I went to get an order for bedsteads—I did say at the police court. "I did get an order from them at last"—I had been several times before I could get an order.
Cross-examined by MR. ELLIOTT. I had nothing to do with Beards more than just seeing him in the office.
Cross-examined by Stanley, You were not present when I received the order.
HARRY WHITE . I am a provision merchant, and carry on business at 117, High Road, New Southgate—I know Mills—in October, 1900, he introduced Stanley to me as Mr. Bailey—Stanley and Mills were doing' business together at the time at New Southgate—I never heard anything of the suggestion that Mills was the father of Stanley—I remember reading in the paper of the arrest of Stanley—a few days after Mills came to me and said that Stanley had robbed him of everything, and had pawned a lot of watches and gone away with the money and left him destitute—he also said that Stanley had been doing business in another name at Holborn
Viaduct, but that he had not been with him or had anything to do with him—he did not mention the name Stanley had been trading in—Mills told me that after Stanley's arrest he had sold the office fittings to pay himself some of the money that Stanley owed him—I knew Stanley and Mills had traded together in. Queen Victoria Street under the name of Field and Son.
Cross-examined by Stanley. Mills told me that he had taken the furniture from Terminus Chambers, Holborn Viaduct, to pay for some money that you owed him—I do not know Mill's object in telling me what he did, but I did take him in for a few weeks.
Cross-examined by MR. LUPTON. I have known Mills for twenty years.—it was at Queen Victoria Street where the watches were procured.
GEORGE LOUIS ROPPEL . I keep a boarding house in Kepple Street, Bloomsbury—I have known Simons for about fourteen months—he paid 15s. a week for apartments at my house—he asked me to give him a reference as he was going into business in Hatton Garden with Beards as Brandon and Co.—I understood it to be a jewellery business—I went there now and again—I saw some clocks in the office, and sold one for the firm for 25s. which I handed over to Simons—I did not get any commission, I sold it out of good nature—I saw Beards there.
Cross-examined by MR. BIRON. I did not see anything but clocks in the office, bar office furniture—the office was furnished as one would expect an office to be—I have known Simons for fourteen months, but he was only my tenant for about two months—while he was with me he always paid his rent regularly.
Cross-examined by Stanley. I never knew Taylor, Sons and Co., until this case.
JOSIAH FRANCIS PEPPER . I am the managing director of Messrs. Payter Pepper and Sons, Ltd., of Pepper and Sons, Ltd., of Vyse Street, Birmingham, who are jewellers—in September last I received a letter from Taylor, Sons and Co., asking for our catalogue, which was sent—in reply we got an order from them for twelve dozen brooches, and a number of Alberts—I called at Imperial Chambers, Holborn Viaduct, on October 10th, and saw Simons, Beards, and a stout elderly gentleman—I asked Simons for references, and he wrote on the back of the order sheet the names of Sidney Morgan and Co., Mansion House Chambers, and J. W. Brandon and Co., Colonial Buildings, Hatton Garden—we made inquiries about the references, and in consequence wrote to Taylor, Sons and Co.—we then received a letter from them cancelling the order.
Cross-examined by MR. BIRON. Before Simons gave me the references, he went into the inner office where there was another man.
Cross-examined by Stanley. It is nothing unusual for us to receive applications for our catalogue.
WILLIAM VINE . I am a carman in the employ of the London and Rhine Shipping Company—on October 10th, last year, I fetched a piano from the Tilbury Railway depot, and took it to Terminus Chambers, Holborn Viaduct—there I saw Beards and Simons—Beards told me he wanted it taken to Short Street, Middlesex Street, E.—I took it there, where I again saw Beards together with two young, chaps—I gave the sheet to
Beards to sign, and he took it inside, so who signed it I cannot say—the name of Beards was over the shop.
HENRY EDWARD WOOLLEY . I am a carman in the employ of Messrs. Brooke and Co.—in October last I took a piano to Terminus Chambers, Holborn Viaduct, where I saw Simons and Beards—Beards told me he wanted me to take the piano to Short Street, Middlesex Street—I did not go with Vine, he went after I did—I took the piano to Short Street, where I saw a tall Jew and a little one and a big stout lady—the two chaps took the piano into the shop, and the stout lady signed the receipt.
JOHN DWYER . I am a carman, and live at 23, James Place, Stepney—I used to work for Messrs. Brooke and Co.—on October 4th, last year, I took a piano to Terminus Chambers, Holborn Viaduct, where I saw Beards, and he told me to take the piano to No. 9, Short Street, Middlesex Street—I was not with Vine or Woolley—I took the piano to Short Street, and there saw Beards and two lads—Beards did not go with me—the two lads took the piano inside—I do not know who signed the receipt.
WILLIAM THORNE (Inspector). I was in charge of Bow Street Station on the afternoon of June 1st, when Beards was detained—I saw him write a portion of Exhibit 34-, which he handed to me with a request that it should be sent to his brother, but a telegram was sent instead.
Cross-examined by MR. FITCH. It is not the custom to keep back letters, but in this case it was asking his brother to pawn some of his goods, and as he was charged with obtaining goods by fraud, I did not know but that they might be some of the goods so obtained—we are allowed to use our discretion.
Re-examined. I was not the officer engaged in the case, I was simply in charge of the police station—I sent a telegram to the brother, and kept the letter for the detective—the brother came to the police station in response to the telegram—I do not know whether he saw the prisoner.
ANNE MARIA CHAEKIN . I reside at Genoa Villa, Penbury Road. Ton-bridge—I know Stanley under the name of Joseph Field—I have seen him write, and I know his handwriting—the letters handed to me are in his handwriting.
JOHN DUNENBERGER . I am housekeeper at Terminus Chambers, Holborn Viaduct—I remember in August last, Mr. Field, that is Stanley, coming and hiring two rooms as Taylor and Sons—I also saw Simons and Beards at Imperial Buildings, and Mills called now and again; Miss Spinks was there as typewriter—Mills told me that he was the father of Stanley—on a brass plate outside they had the words "Government Contractors"—various parcels came to the place for Taylor and Sons, and also some pianos—I think Taylor and Sons left Imperial Buildings in November—in the previous September. Stanley and Simoms told me they were going to Germany—they were away about three weeks—while they were away Beards was in charge of the office—) remember a postcard coming one day addressed to Beards—I read it, but I could not say in whose handwriting it was.
Cross-examined by MR. BIRON. I did not know what Simons' actual position was in the business.
Cross-examined by MR. FITCH I did not know what Beard's actual
position was in the business—Mrs. Taylor called at the office two or three times—Miss Spinks was there pretty regularly.
Cross-examined by MR. LUPTON. Mills called at the office occasionally—I remember on one occasion when he called, and no one was in, that I offered him the key, and he said "No, I will not go up; I have nothing to do with them"—the two oil paintings that Mills sent round for were taken away, but I cannot say who took them.
Cross-examined by Stanley. I used to do the cleaning of the office—at times I have seen a considerable amount of property there—the piano cases were marked, "Made in Germany," or something to that effect—I did not see the name of the firm on the pianos—on the 8th or 9th of this month I received a letter from the Governor of Lewes Prison, and my answer to it is, "I cannot tell about those little items; I only know about two oil paintings I gave up, and which I received a receipt for"—I cannot tell who took the paintings away—I do not know who removed the furniture, but Beards was there at the time; I did not let them in with my key—I could not say whether the furniture was removed before or after November 9th, but somewhere thereabouts—when you returned from Germany I told you the bailiffs were in, and you said, "All right."
WILLIAM TEBBS . I am a traveller in the employ of the United Typewriter Supplies Company, of 18, Holborn Viaduct—in the course of business I called upon Taylor, Son and-Co., to canvass for orders for typewriting machines—I saw Simons—he told me that they were in a large way of business with a branch at Chatham, and I agreed that he should have a machine on trial with a view to purchasing it—he told me he wanted the typewriter for export—he gave me to understand that he was the manager—I delivered the machine for approval, and I afterwards received an order from him for five machines at £22 9s. 6d. each—I then went to Chatham to make enquiries, and in consequence of those enquiries the order was not executed—I went to Taylor, Son and Co. with two assistants and saw Beards, and told him that we could not accept the order, and that I should take away the machine that had been left for inspection—I attempted to take the machine, but Beard's got hold of me and threw me aside; then my assistant attempted to take it, and he did the same to him, but in the struggle I managed to pick the machine up and hand it to the third one, who took the machine away—the next day Stanley and Simons called at our office and saw Mr. Dainels—I do not know what occurred then.
Cross-examined by Stanley. I did no business with you personally.
Cross-examined by MR. BIRON: Mr. Daniels did not like it when I told him that I had left a typewriter with Taylor, Son and Co. on approval—when we found we could not accept the order I went to take the machine away that had been left, and, if necessary, by force.
Cross-examined by MR. FITCH. The first time I saw Beards was when I went round to take the machine away—Beards got a black eye in the struggle, but it was his own fault.
before my traveller. Mr. Tebbs, got the order for five typewriters from Taylor, Son and Co., and lie told me that they had opened a branch office in London to facilitate the purchsing of goods for the Chatham business—on September 26th, the day after the removal of the one machine, Taylor and Simons came round to my office, and Taylor asked me what I intended to do with regard to the removal of the machine from his office on the previous evening, stating that his man had been badly ill-treated by two of my men; I naturally ridiculed the idea of that, and told him I was considering what steps I should take with regard to the damage done to my man; he then said he could not get satisfaction out of me, but if it cost him £500 he would have the full measure of the law against me—to my recollection, Simons did not say anything.
Cross-examined by Stanley. When you saw me you complained of the brutality that had been meted out to Beards—I certainly expressed my regret, and said that my traveller had no right to take such a measure—the reason I sent three men was because I never expect my travellers to carry the machines.
Cross-examined by MR. BIRON. It was by my orders that three men went, so that there should be no mistake in getting the machine away.
WALTER SAUNDERS (Re-examined). I was present when a parcel of three dozen rings was packed in my premises—an entry of that parcel was made in my receipt-book, which was sent, together with the parcel, to the Victoria Street, Birmingham, office of the Midland Railway, and returned signed "F. Pratt.'"
FRANCIS THOMAS PRATT . I am Parcels Receiving Agent for the Midland Railway at 56, Victoria Street, Birmingham—I signed for the parcel entered in this book on September 27th, 1901, and sent it forward to New Street Station, together with a way-bill.
JOSEPH STONE . I am a clerk in the Parcels Department of the Midland Railway Company, New Street, Birmingham—I received the parcel No. 8 on this way-bill from Mr. Pratt, together with a copy of that way-bill—I saw it put in a hamper, locked up, and dispatched to the train to St. Pancras—I sent with it a copy of the way-bill—the parcel in question is No. 14 on this way-bill.
FRANCES TAYLOR . I am a widow—my husband died on June 14th, 1900—the business carried on at Chatham is that of a boot shop and ready-made clothing—it ceased to be mine two years ago—it now belongs to my daughter Frances—I do not take any part in it, but I occasionally buy goods for her—I sometimes live in the High Street, but I have a villa in Stroud Hill—the business at Chatham has no branch in London: it has nothing to do with Taylor. Sons and Co., of High Holborn—it has' nothing to do with exporting jewellery, typewriters, or bedsteads—I never dealt with the Admiralty—I never sold jewellery to men in the dockyard—on June 13th, last year, I went through a form of marriage with Stanley under the name of Field—my husband had then been dead twelve months—we went on the Continent: Simons and my daughter Edith accompanied us—amongst other places, we visited Berlin, and went into several piano places—Simons did all the talking as he could speak German. And
'Stanley could not—Stanley did not seem to have anything to do with it—I never gave Stanley any interest in the business at Chatham—Simons wanted to marry my daughter Edith, but wanted money with her—I did not know he was a married man.
Cross-examined by MR. BIRON. I do not know whether it was after June 13th that Stanley took the rooms at Imperial Chambers—I went there on three or four occasions—at that time I had every belief that Stanley was an honest man—I did not notice the name of Taylor on the door at Imperial Chambers—my daughter did, and told me of it—I asked him what he-put that name up for, and he said it did not matter—I said, "Whatever you do, do not keep that name up there; I do not like it"—I remember Simons coming down to Chatham, but I never mentioned anything to him about my property—I have, in fact, a little money and a little property—I did not know that Simons was manager, of the firm of. Taylor, Sons and Co.—they seemed to me to be all sharing alike—if one would not do anything the other would.
Cross-examined by MR. FITCH. The business at Chatham has been my—daughter's for two years—before that it belonged to my husband, Mr. Stephen Taylor—my husband was a painter, and I carried on this business for him when he was alive—it is a very small business.
Cross-examined by Stanley. I do not know whether you paid any money away for goods when we were in Germany—I remember receiving a telegram from you asking me to meet you at the Central Hotel—I kept that appointment, and you then told-me that Simons had been getting you into trouble by pawning a lot of rings, and you asked me to lend you some money to get them out; I did so, and you got the rings out of pawn, and posted them back to Birmingham.
Re-examined. I do not know whether Field had any money besides that which I gave him.
EDITH TAYLOR . I am a daughter of the last witness—in October last year I accompanied my mother to Germany with Stanley and Simons—whilst there we visited a piano factory in Berlin—Simons did not want to marry me, and I was never engaged to him—I have had correspondence with him, and I have met him by appointment after he has written to me—I have never seen him write—I cannot say whether the initials in Exhibit 7 are in his writing—Exhibit 14 looks like his writing, but I could not swear to it—"J. W. Brandon" and the address in Exhibit 15, and Exhibits 21, 34, and 35 are in his writing, I think.
Cross-examined by MR. BIRON. The most I can say with regard to these letters is that they resemble Simons' writing; I would not go further than that, except with regard to the letter-card which I can swear to.
Cross-examined by MR. FITCH. I sometimes live at High Street, Chatham, and sometimes at Stroud—the shop in High Street is a double-fronted shop with seven or eight rooms—the business as a fairly successful business—I do not assist in it, nor does my mother—she has been out of it for some time—my sister assisted in it when mother was managing it.
Viaduct—I have for many years past given evidence in this and other Courts—the initials to Exhibits 2,3, 6, 8, 9, and 16, and the signature upon the agreement taking the offices 26, and 27 Imperial Chambers. Holborn Viaduct, are in my opinion, in Stanley's handwriting—the whole of Exhibits 20 and 35 are in his handwriting—the signature on the agreement of the taking of 60, Queen Victoria Street, and Exhibit 27 are both in the handwriting of Mills—Exhibits 30,32, and 39 are in the handwriting of Beards—I personally saw Rose Spink write at Bow Street—Exhibits 4, 5, 10, 11, 12, 17, 19, 36, and 37 are all written and initialled by her.
DAVID LIDDLE (Detective-Sergeant). On May 31st I went with Sergeant Fowler to 10, Ridinghouse Street, Great Portman Street—shortly after 10 o'clock in the evening I saw two men leave that house and go into Regent Street—in consequence of what they said when I spoke to them we went again to No. 10, Ridinghouse Street, and there saw Simons—I asked him his name, and he said, "Charles Simons"—I told him we were police-officers, and had a warrant for his arrest—T read the warrant to him charging him with obtaining goods by fraud—he said, "What is it all about"'—then Mrs. Simons appeared on the scene, and there was a disturbance—I took him to the station, and on the way he asked who had taken out the warrant—I said, "You have been employed by Taylor, Sons and Co., and know what they have been doing"—he replied, "I do not know the firm of Taylor, Sons and Co."—the charge was read over to him and he made no reply—upon him three rings, a gunmetal watch, a chain, and some memoranda were found.
Cross-examined by MR. BIRON. I did not take any note of what Simons said—there was really nothing for me to put down.
FRANCIS CARLIN (Detective-Sergeant). On May 24th I received warrants for the arrest of the prisoners—on the 31st I went to Rowton House, Newington Butts, with a warrant for conspiracy and saw Mills—in answer to the charge he said, "I know nothing about it"—I said, "You are alleged to have carried on bogus offices as Field and Co. in Queen Victoria Street, and Taylor, Sons and Co. at Imperial Chambers. Holborn Viaduct"—he made no reply—I found some letters upon him—on the same day I went to Kepple Street, Russell Square, and there saw Beards—I said, "I am a police-officer, and hold a warrant for your arrest"—he said, "I went to Taylor, Sons and Co.'s offices to buy goods on my own account as a job buyer or to sell them for Taylor"—that is Stanley—" on commission; I always went there to a great extent, because I knew him in a friendly way. Some of the correspondence found by the police may be mine and other people's; all that is in my own name is my own. With regard to the gold brooches they were taken out of pawn; I bought the ticket from a man named Bernard; Stanley gave the opals to Mr. Knight, a furniture dealer in Beauchamp Street, who sold them. I took Taylor to a man named Michaelson to sell them, but he refused to buy them; I sold two pianos to Myers, a furniture dealer in Houndsditch; I think it was October, 1901. I got £14 each for them, and gave the money to Stanley, and he gave me £2. Stanley was the head of Taylor. Sons and Co.; Simons was manager"—the prisoner was then charged, and made no
reply—in the room where I arrested him I found fifty gold brooches, some metal watches and chains, some memoranda books, and some letter paper—on June 5th I saw Stanley in custody at Bow Street—I told him I had a warrant for his arrest—he made no reply as regards the conspiracy, but he said, "I understood the charge of bigamy was brought against me at Maidstone Assizes on February 25th, 1902"—I said, "I was present in charge of that case, and you were sentenced to three years' penal servitude on one charge alone, namely obtaining from Miss Chaekin, of Tonbridge, £300; the Judge told you in my presence that you would be further charged; you also heard me give evidence that we had enquiries in hand respecting you and other men "which were uncompleted"—on March 18th last I was in Aldersgate Street, where I saw Beards—I followed him to No. 9, Short Street, where I saw him enter—this shop is a wardrobe shop—there is the name of Beards over the door—I returned into Middlesex Street, and was stopped "by Beards, who said, "Hallo, what are you doing here"—I said, "I am making enquiries re a man named Lefevre"—he offered to help me and said, "Do you know Sidney Morgan is arrested? V—I said, "Yes"—he said, "He is wanted for getting goods as Eldon Murray and Co., Leadenhall Street, from Morton, Son and Co., Harp Lane, and £100 worth of sardines from a Mr. Brewster, Mansion House Chambers"—he then referred to the prisoner Field, and said, "He is a wrong 'un; he owes me £20. Is he to be further charged with bigamy?"—I said, "I do not know"—then he said, "Matheson was clever when Field was arrested; he changed coats with him, and took charge of some very incriminating cheques and letters that Field had; he changed the coat in front of the detective. Matheson knows all about Field"—I was enquiring into a firm of Crookshank and Co., of 434, Strand—Crookshank is at present in custody on a charge of obtaining money by false pretences.
Cross-examined by MR. FITCH. I made my note of what Beards said the same day, March 18th—I arrested Beards at 10 p.m. on May 31st—I made my note respecting the arrest in Beards' presence, part in big room and part at the police station—I took possession of all his books—at the police court I believe Miss Spinks did say, "Beards used to come up every day sometimes; sometimes only occasionally; he came as a friend and did nothing, only talk, chiefly to me."
Cross-examined by MR. BIRON. I understood Miss Spinks to say at the police court that Stanley was the head of the firm, but I could not be certain that she said Simons was only the manager.
Cross-examined by Stanley. I heard Miss Spinks make a statement at Bow Street to the effect that I and another officer wrote out a statement which she did not make, and threatened to charge her if she did not sign it—that is absolutely untrue—I cannot say why Miss Spinks has not been called to-day—I first came to know Beards about December last year—I received information from the Kent police that you were wanted for obtaining money by false pretences—in the course of my inquiries I found you were having letters addressed to Beards—I called on him and endeavoured to get from him where you could be found—I am quite certain that Beards gave the evidence I have stated.
Mr. Edmundson submitted there was no evidence of any fraud against Mills to go to the Jury. His Lordship decided that there teas evidence, and that the case should be left to the Jury.
Stanley in his defence said that Taylor Son and Co. started business with a banking account of £800; that the whole of the goods in question were obtained in October when he was on the Continent; that Miss Spinks, if called, would conclusively hare proved his innocence: that it was suggested that Mrs. Taylor's business and the business in London should be amalgamated, but that owing to Mrs. Taylor's objection the arrangement fell through.
GUILTY . Stanley then PLEADED GUILTY to a conviction of felony at Clerkenwell on November 1st. 189; Mills, to a conviction of felony at Clerkenwell on October 4th, 1898; Simons, to a conviction for misdemeanou at this Court on October 22, 1900.
550. JOSEPH EASTON STANLEY was again indicted for marrying Frances Taylor and Kate Ireson Bond, his wife, being then alive, and GEORGE MILLS to aiding and assisting Stanley to commit the said felony, to which they both PLEADED GUILTY .
STANLEY three years' penal servitude on the first indictment , and three years' penal servitude on the second indictment, to run consecutively. MILLS, three years' penal servitude on the first indictment, and three years' penal servitude on the second indictment, to run concurrently. BEARDS. Eighteen months hard labour. SIMONS, Three years' penal servitude.
THIRD COURT.—Wednesday, July 23rd, 1902.
Before MR. COMMON SERGEANT.
551. HENRY LEAPMAN, Having been adjudged bankrupt did make certain material omissions in his trading account with intent to defraud his creditors. Second Count, Making false entries in his said trading account.
MR. A. GILL Prosecuted; MR. J. P. GRAIN Defended.
GEORGE INGLIS BOYLE . I am a messenger in the Bankruptcy Department of the Royal Courts of Justice—I produce the file of the proceedings in the bankruptcy of Henry Leapman—he filed his own petition on February 110th last, and was adjudicated bankrupt on the same day—on March 1st Mr. Norton was appointed trustee and the debtor's public examination took place on April 11th—the transcript of the shorthand notes of the examinations purports to be signed on each page by the debtor—the statement of affairs shows liabilities £2.954 15s. 7d., assets £464 15s. 9d., deficiency, £2.489 19s. 10d.
BENJAMIN LEVY . I am a clothier at 3.3, Middlesex Street, E.—on January 25th last I bought clothing of the defendant to the amount of £32 8s.—there were thirty-six suits. £16 4s.; twenty-four suits, £10 6s; and twelve suits, £5 8s.; and on January 27th I gave him this cheque (Produced) for £30 on account, leaving a balance due to him of £2 8s.—this is the invoice (Produced) in respect of that transaction—on February 1st I
purchased further clothing of the defendant for £22 1s., and on the February 3rd I handed him this cheque (Produced) for £24 9s., which includes the balance of £2 8s. due on the previous transaction.
Cross-examined. My transactions with Mr. Leapman were always cash—nothing is ever sent to me on approbation—I had done business with him for about four years, and everything was regular.
THOMAS MUSCUTT . I am bookkeeper to Mr. Wilson, trading as Edgar, clothier, 15, Union Street, Borough—I produce an invoice dated January 1st. 1902, signed "H. Leapman"—there are two items dated December, 1901, of goods purchased from the defendant, £2 2s. and £2 0s. 6d., total £4 2s. 6d.—I also produce another invoice dated January 20th, 1902, "' Kindly let me have cheque for this by return and oblige, yours H Leapman"—that is for goods value £15 9s.—on December 4th I received this further invoice (Produced) for goods value £1 2s. 6d., and on January 25th my firm sent a cheque, which has been destroyed, for £21 17s.6d., which includes other items.
LEOPOLD LEAPMAN . I am a clothier at 789. Commercial Road, E.—the defendant is my brother—in December last I bought some overcoats of him for ten guineas and some knickerbockers for £25 18s., and some trousers in February for £33 6s., another lot of trousers for £20, and another lot of knickerbockers on January loth. £15—I produce receipts for the £25 18s., £15, £10 10s., and £33 6s.—I have no receipt for the £20—there are some other items on this paper (Produced) for other goods which I bought of him.
Cross-examined. I made out those figures when I went to the trustee's office about three weeks after my brother failed—I was asked by the trustee to give all particulars of my buyings—I paid sometimes by-cheque, sometimes cash, and sometimes bills—I keep no books; the other items on the paper I have given were extracted from the defendant's books at the trustee's office—they were all regular business transactions.
Re-examined. The goods of which I have given evidence in chief and have produced the receipts do not appear in my brother's books—I made out those figures from the receipts I produced and from my memory.
HYAM HYAMS . I am a general dealer of 5, Addington Road, Bow—on January 28th last, I bought goods value £5 12s. 6d.—this is the receipted invoice (Produced)—and on January 30th, goods £3 15s. (Receipted invoice produced).
Cross-examined. I bought them as job lots. "odd vests," and paid ready money.
EDWARD JAMES PATTERSON . I am managing clerk to Benjamin Thomas Norton, accountant, of 9, Old Jewry Chambers, trustee of the bankrupt's estate—I produce the defendant's cash book and sales ledger—there is no entry in either of those books of the sale to Mr. Levy of thirty-six suits for £16 4s., nor of the twenty-four suits for £10 16s.—the only entry with regard to Mr. Levy's transaction is "to goods. £5 8s.," and in the day book it is entered as "Twelve Melton suits, 9s."—there is' no entry of the receipt of £30 from Mr. Levy—there is no entry of the sale to Mr. Levy on February 1st of thirty-three Melton suits, £14 17s.; sixteen suits, £7 4s.—nor any
entry of the receipt of the cheque on February 3rd for £24 9s., from Mr. Levy—there is no entry of the sale on January 20th to Mr. Edgar of goods value £15 9s.; there is an entry in the sales ledger on November 13th of £2 2s.; same month, £2 0s. 6d. and December 4th, £1 2s. 6d., and 12s.6d. on December 6th., and 18s. on December 12th—there are no entries with regard to the sales to Leopold Leapman of trousers, £20; overcoats, 10 guineas; knickerbockers, £25 18s.; another lot of knickerbockers, £15; trousers again, £33 0s.: nor any entries of the receipts from Leopold Leapman of £25 18s.; £15. £10 10s., £33 6s., £20—there is also no entry of sales to Mr. Hyams on January 28th or 30th—on March 5th, a circular letter was sent to the various creditors of the bankrupt, and that is how we got into communication with Mr. Levy, Mr. L. Leapman, Mr. Hyams, and Mr. Edgar—I saw the defendant from time to time, but he never informed me that he had sold goods which did not appear in his books—he filed his trading account on February 20th—it is signed by the defendant, and purports to be an account of his trading from February, 1901. to February, 1902—that shows "Stock on hand £750; purchases, £3,493 18s.6d.; profit. £2,268 18s. 10d.: total, £6,512 17s. 4d."—then "By sales £6,362 17s. 4d.; estimated stock on hand as per statement of affairs, £150; total, £6,512 17s. 4d."—I have examined the books to see how the sales £6,362 17s. 4d. is arrived at, but they do not contain the items I have stated—on April 1st I saw the defendant in the office, and pointed out to him that there was a discrepancy between the items appearing in his books and the figures we had obtained from Mr. Levy—he declined to give me any information, and said, "I prefer to give all further information required when I am upon oath at my public examination."
Cross-examined. His public examination took place on April 11th—he came to us an February 5th, and placed his books in our hands, so that we might discover the position of his affairs—I attended at his warehouse on the 6th, but finding the assets were not what he stated them to be, we declined to act on his behalf—it is untrue to say that we declined to act because we thought there would not be enough to pay our costs of the investigation—he gave us to understand that there was something like £600 or £700 worth of assets there, but I came to the conclusion that there could be certainly not more than £400 worth, and that he had not dealt fairly with his creditors—I found that he had been paying weekly wages varying from £40 down to £22—I certainly did not write down the items supplied by Leopold Leapman which do not appear in the defendant's books—I know nothing about them whatever.
By the COURT. The books gave me no information about them, and I had no information about them until I got it from Leopold Leapman.
Re-examined. There is an entry in the cash book on January 20th, of £30 1s. paid by Mr. Levy—that has nothing to do with the payment by Mr. Levy on January 27th of £30.
BENJAMIN THOMAS NORTON . I am an acountant of 9, Old Jewry Chambers, and trustee in bankruptcy of the defendant's estate—the administration of the estate was carried on by Mr. Patterson, under my supervision I heard his evidence, and entirely agree with it—I never received any communication
from the defendant of any sales by him that did not appear in the books.
GUILTY . Three months' imprisonment.
OLD COURT.—Thursday, July 25th, 1902.
Before Mr. Justice Lawrance.
MR. TORR Prosecuted.
GUILTY , Ten years' penal servitude.
MR. PURCELL, for the prosecution offered no evidence, and the Jury therefore returned a verdict of
NOT GUILTY .
NEW COURT.—Thursday, July 24th, and
OLD COURT—Friday, July 25th,1902.
Before Mr. Recorder.
MR. POYNTER prosecuted, and MR. LABOUCHERE defended.
The Jury being unable to agree were discharged without a verdict, and the case adjourned till the next Sessions.
MR. RAVEN prosecuted, and MR. PURCELL defended.
GUILTY . Six months' hard labour.
THIRD COURT.—Thursday, July 24th; and
NEW COURT. Friday. July 25th, 1902.
Before Mr. Common Sergeant.
GEORGE INGLIS BOYLE . I am a messenger in the Record Department of the Bankruptcy Court—I produce the file of proceedings in the bankruptcy of Aaron Caplan—the creditor's petition was filed on October 12th, 1901 the Receiving Order was made on October 17th, and the adjudication on October 28th—the amended statement of affairs was filed on December
4th, 1901—that show gross liabilities £1,914 1s. 10d.; net liabilities as estimated by the bankrupt, £1,447 7s.; assets, consisting of cash at bankers, about £6; deficiency £1,441 7s.—there is also a goods account showing goods purchased and goods sold from May 1st to October 19th, 1901, and a list in the statement of affairs showing bills discounted other than his own acceptances for value—there is a bill given by the defendant on February loth, 1901, for £4S 10s., held by Mr. Metzyek, and another bill for £28 15s., due August 14th, held by the London and South Western Bank—the total amount of accommodation bills is set out at £712 17s. 9d.—the unsecured creditors include Messrs. Burton, Brine and Co., £178 10s. 10d. for goods supplied; W. J. Lavy, £134 10s. 10d. for goods: Moss and Co., £88 for goods—in a special account filed on October 28th there is the sale of his business and book debts on August 28th, to Josifon for £200, which forms the subject matter of the indictment; repaid Abraham Eletski' loan £100; repaid H. Caplan loan of £50—those items are dated August 450th—August 30th to October Kith, sundry expenses, living, etc., between those dates, £50.
Cross-examined. There is a deficiency account showing £2,134 on one side, and on the other side it sets out how that £2.134 is made up—his public examination was concluded on February 5th, 1902—there was a private examination on December 30th, 1901—Josifon and H Caplan were also privately examined on that date—the existence of Eletski was denied, and the public examination was adjourned for the purpose of enabling the debtor to obtain information to prove the existence of Eletski—(Mr. Cannot then read an extract from the shorthand notes of the next meeting, in order to show that Eletski did exist)—the defendant applied for his discharge on April 17th, and the order to prosecute was made on the 22nd.
Re-examined. He accounts for his deficiency with, bad debts, £196 13s. 4d.; household expenses, wife and children, £6 a week, £916; other losses and expenses on accommodation bills for which no consideration was given or received, £643 10s.; another bill, £55—he puts the cost of his business, stock and fixtures at about £450, and the sale at £200, owing to depreciation of stock; loss on sale, £250; expenses incurred during the celebration of his brother's wedding in January. 1900, £70, making a deficiency of £2.131 3s. 4d.—(Mr. Gill then read extracts from the shorthand notes of the defendant's public examination for the purpose of showing that the defendant disposed of his business with intent to cheat and defraud his creditors, and also for the purpose of showing that Eletski did not exist.)
ERNEST GILES . I am a traveller and valuer to Herbert James Lavy timber merchant and broker—on July 27th we supplied the defendant with planks and boards value £260 18s. 9d.; on July 3rd with walnut boards value £22 18s. 5d., total £283 17s. 2d.—he paid £175 on August 7th, and £25 on August 8th, leaving a balance due of £83 17s. 2d—on July 31st he bought some white-wood boards value £91 2s. 11d., some walnut-boards value £33 7s. lid., total £124 10s. 10d.—he paid for these with three bills (Produced) for £40 at five months; £40 at four months; and £44 10s. 10d. at three months—£44 worth of the goods
were not delivered—he did not take them away—on August 28th or 29th I went to his place of business and found the name of Josifon painted up—I could not find the defendant—I looked round the yard and saw there was about £600 worth of stock there, broker's value—I reported the matter to my employer and a writ was issued for the £83 17s. 2d.—I met the defendant in September and spoke to him about the matter, and he said. "I will give you £5 if you do not say anything about this business and not make it too rough for me"—I told him I worked for Mr. Lavy and not for him.
Cross-examined. I had known the prisoner for three or four years prior to this—I said at the police cart I had known him as a respectable man and I say that now—I said at the police court that I visited the prisoner's yard on August 13th or 14th—that was a mistake—I have since found it was on the 28th—there was certainly more than £100 worth of timber there—I say from my experience as a valuer there was £600 worth—I cannot give you the dimensions of the yard and cellar—my explanation of the reason why the prisoner offered me £5 not to make it rough for him is because I knew it was a swindle to have Josifon's name painted up—I did not know anything about Josephon—I was paid ten per cent, commission on Caplan's orders—when I took his orders I thought he was a sound man and told Mr. Lavy so, and Mr. Lavy supplied him with the goods.
Re-examined. The goods I saw in the yard included some of the goods which were supplied by Mr. Lavy.
HERBERT JAMES LAVY . I am a timber merchant at 12, London Street, E.C.—these invoices (Produced) relate to the first lot of goods that I sold to the prisoner, for which I received £200 on account—these three bills. (Produced) are what I received in payment for the second lot of goods—I have never received anything in cash except the £200 on account—I issued a writ for the balance of £83 17s. 2d. on the first lot and obtained judgment, but I never succeeded in getting the money, and I proved in the bankruptcy for that £83 17s. 2d.—the bills have never been honoured.
Cross-examined. I have sold about £408—worth of goods altogether to the defendant—the £44 worth which he did not take away were outside the bills—these goods were at the docks and he could have taken them if he wanted to—I asked Giles what he thought of the defendant when he brought me the first order.
GEORGE LANDSBURY . I am a director of Burton, Brine and Reed, timber merchants, 32, Rivington Street, E.—on July 24th we sold a quantity of mahogany value £187 10s. to the defendant—this is the invoice (Produced)—we received in payment these three bills (Produced) for £62 10s. each, dated July 24th, at four, five, and six months respectively—before they became due he had gone bankrupt, and we proved in the bankruptcy for the amount of the bills.
Cross-examined. We have known the prisoner 'for seven or eight years, and during that time he has paid us considerable sums, and we always found him an honest and respectable trader.
timber merchants, 88, Bishopsgate Street—on July 26th we sold to the prisoner 333 boards, value £38 7s. 1d.—on August 8th we sold him some pinewood, value £48 5s. 4d., total £86 12s. 5d.—we have never been paid, and are creditors in the bankruptcy for that amount.
Cross-examined. Previously to this we always found him an honest and respectable trader.
ALBERT EDWARD ROBINSON . I am a solicitor at 19, Charles Square, Hoxton—I prepared this deed of assignment (Produced) transferring the prisoner's business, goodwill, and book debts to Mr. Josifon on August 28th for £200—the money was paid in my presence, £52 cash, two bills £40 each, and cheques for £319s. 11d., £10, and £54.
Cross-examined. I had no reason to think that it was not a genuine transaction.
FRANK VIVEASH . I am chief cashier at the Shoreditch branch of the London and South Western Bank, Limited—the cheque for £54 was presented and paid over the counter in cash—it was drawn by Kelvin and Josifon in favour of Aaron Caplan.
Cross-examined. The account of Kelvin and Josifon was a partnership account.
JOHN WILLIAM ROBERTS . I am senior examiner in the Bankruptcy Court—I have had the conduct of the proceedings in the defendant's bankruptcy—the goods account shows that on August 28th he had stock to the value of £263, including a considerable portion of the goods sold to him by Messrs. Burton and Co, Moss and Co., and Mr. Lavy.
JAMES ALFRED WITHERS . I am a clerk in the Shoreditch branch of the Capital and Counties Bank—the two bills for £40 with cheques attached for the amounts were presented to us for payment and duly paid.
Cross-examined. I did not say at the police-court that the book debts assigned by Josifon amounted to £306 12s. 6d.—I said that the balance on the ledger on August 28th amounted to £306 12s. 6d.—the book debts assigned to Josifon amounted, I think, to about £260, of which £76 14s. only had been received up to January 24th, but those were the amounts I found in the ledger whether they have been received or not.
Witnesses for the Defence.
ISRAEL BLOOHN . I am a cabinetmaker at 117, Curtain Road, E.C.—towards the end of August I went to the defendant's yard for the purpose of buying timber—I examined the stock and it was no use to me—I should think there was between £100 and £120 worth there.
Cross-examined. I went there for the purpose of buying timber for use in my business.
MARKS LETWIN , I am a cabinetmaker at 13, Spicer Buildings, E.C.—the defendant asked me if I would like to buy his business—I looked at his stock and offered him £80 for the stock and £20 for the goodwill—the yard was certainly not large enough to hold £400 worth of timber.
Cross-examined. I am quite clear the stock was not worth more than £80.
DAVID BAKER . I am a cabinetmaker at 16, Bacon Street, E.C.—I remember going to the defendant's yard just after he had transferred his business to Josifon—I should think there was about £80 or £90 worth there.
Cross-examined. Assuming the yard was full I daresay there would be £200 or £250 worth.
GUILTY . Six months' hard labour.
Before Mr. Recorder.
MR. FULTON Prosecuted and MR. STEWART Defended.
ALICE FULLER . I am the wife of Richard Fuller, a carman, and live at 25, Hart Street, Barking—on June 14th we were living at 36, Streetfield Avenue—the prisoner lived on the ground floor there and we occupied the top part of the house—I do not remember anything happening on June 14th—I had a cup of tea upstairs with my two children in the afternoon, and that is all I remember—I do not remember seeing the prisoner—we were going to move that night—the next I remember I was in the hospital wounded in the ribs—I am getting better now—my husband and myself are now living with my mother.
Cross-examined. I was married about four years, and I knew the prisoner before that—he has always been a quiet and well behaved man towards me and we have had no quarrel—I did not notice anything peculiar during the weeks before this happened—I know he has had a great deal of trouble with his invalided wife—I have been to see her.
ELLEN COOPER . I am the wife of Joseph Cooper—he is a ship's fireman—I live at 38, Streetfield Avenue, that is next door to 36—on June 14th, between 4.30 and 4.45 p.m., I heard the prisoner's daughter screaming that her father was killing Mrs. Fuller and hitting her on the head with a chopper—I went into the street and called for someone to open the front door—it was opened by someone from inside, and as I went in I saw the prisoner bending over the prosecutrix and beating her on the side of her
head with an axe—I saw three blows struck, and I then ran away, as I was frightened—the door was still open—I did not see it closed.
Cross-examined. The Perrys have been neighbours of mine for nearly two years—the prisoner's wife has been very ill—I have known the prisoner for sixteen years as a steady and respectable man—his wife is suffering from consumption, and on July 9th the prisoner made preparations to bring her home from Victoria Park Hospital in a cab—he paid a considerable sum of money for that, and then the doctors said she must not leave—he has been worried owing to his increased expenses, and he said he did not know what he was going to do about it; it seemed to weigh on his mind.
EMILY PITT . I am the wife of Arthur Pitt, a carman and live at 38, Streetfield Avenue—I know the prisoner; he lives next door to me—on—Tune 14th my attention was drawn to No. 36 by Mrs. Cooper—I ran downstairs and into the street—I went to No. 36—the door was opened by someone—I see the prisoner hit the prosecutrix three times with the axe—she was on the floor—then someone closed the door—that was all I saw—I did not go into the house.
Cross-examined. I do not know the length of time between the time that I heard the screams and the time the prosecutrix was rescued by the man who went in—I did not see if the prisoner was striking the blows in a kind of purposeless manner—I have known the Perrys some time—he has always borne the reputation of a quiet, well-conducted, and hardworking man—his wife has been ill—I did not see the prisoner much during the days and weeks immediately preceding this occurrence—I have not noticed if he has been in a depressed and morbid condition.
ALEXANDER BAKER . I live at 6, Providence Terrace, Park Avenue, East Ham, and am a mason—on June 14th I was driving down Streetfield Avenue about 4.30 p.m.—my attention was attracted by a crowd of people outside No. 36—a statement was made to me in consequence of which I went through the next house with two other men who volunteered to go with me—I jumped over the fence at the back and went to the wash-house door, and called out, "Hulloa! Where are you? What is the matter?"—the prisoner came through the passage to meet me—as he was going to speak to me the other men ran away—I asked the prisoner what was the matter—he made no reply, but turned round and went up the passage—I followed him with a piece of stick in my hand—when I got to the back bedroom against the stairs I saw the prosecutrix lying in the passage in a pool of blood and unconscious—I asked the prisoner what he had done it for—he said. "I don't know"—I said, "Look at that poor woman lying down there "'—he turned round and said, "I must have lost my temper"—I went past him and opened the street door and said, "For goodness sake come in and look after this poor woman"—the police were sent for—the prisoner appeared wondrous strange in his manner—he stood like a child of five, and never spoke to anyone—he gave no trouble when the police came—I saw this axe on the dresser (Produced)—I did not notice if it was covered with blood.
Cross-examined. The axe was still within easy reach of the prisoner—
he made no attempt to escape at any time, or to hide the weapon, or to deny that it was by his hand that the act was done—he was very strange—he did not say, "I must have lost my head"—he said, "I must have lost my temper"—he looked staring and glaring at me—he did not know how to speak to me the first time he walked down the passage.
SAMUEL HAWKES (822 K.) On June 26th I was called to 36, Streetfield Avenue—I saw the prosecutrix lying in the passage unconscious, bleeding severely from cuts in her arms, head, and hands—the prisoner was kneeling by her side—he was rather peculiar in his manner—his hands were covered with blood—I said, "Who has done this?"—he said, "All right, I have done this, but how I have done it I do not know; I hope she will get over it"—I detained him in a back room until the arrival of further assistance—he was perfectly quiet.
Cross-examined. He appeared distressed at what had happened.
PATRICK DUNN (326 K.) On June 14th I was called to 36, Streetfield Avenue, about 5 p.m.—I saw the prosecutrix lying in the passage being attended by a doctor—the other constable arrived previous to me—I saw the prisoner—he was detained by the last witness—he seemed very strange in his manner—I searched the kitchen—I found this knife on the dresser—it was blood-stained—I believe the chopper had been placed on top of it—the blood on the knife probably came from the chopper—I searched the yard and found the axe—it was covered with blood—there was some hair, which was also wet with blood—I assisted to take the prosecutrix to the hospital.
JOHN BEER (Inspector, K). On June 14th I was called at 5.30 to 36, Streetfield Avenue—I saw the prisoner detained in the back ground floor room—I told him I should arrest him for the attempted murder of Alice Fuller—he said, "It is worry; they are down on me because I would not bring my missus home, and they are doing of her so much good; it is her only chance"—he did not say who was down on him—he was taken to the station, where I charged him with wounding to murder—I said, "I don't want you to say anything in answer to the charge," and he said, "It is worry; they are down on me because I would not bring my missus home; it is her only chance; they are doing her so much good"—he saw the woman at the hospital—I do not think he said anything to her—when he was taken to the cells he said, "I never had any angry words with the woman—I do not know what made me do it"—he spoke rationally, but there was a vacant look in his eyes.
PETER MORTIMER TURNBULL . I am house surgeon at the West Ham "Hospital—on June 14th the prosecutrix was brought in at 6.20 p.m.—she was in a semi-conscious state—she had evidently lost a great deal of blood, and was suffering from wounds on the left side of her neck and both forearms and hands—I should say about twenty blows had struck her head—they were pretty thick there—six had struck the right arm and hand and four the left arm and hand—the right thumb was almost cut off—it has united again now, but it will always be a bit stiff—at the time she was admitted I regarded her condition as dangerous—this axe is the kind of thing which would cause the injuries—she was in the hospital about a
month—most of the wounds healed by first intention and some did not—they are all healed now, and she is pretty well right, except she is deaf—she is deaf—than she was when she came in, but she is better than she was at one time—It is difficult to say whether she will suffer from her head or not.
Cross-examined. Most of the wounds were quite superficial—I cannot make out any fracture—I think that if the prisoner had liked he could have made much greater injuries—I should have expected to find that one wound from such a man would have been fatal—I have read of cases where persons have suddenly, and without any apparent notice, attacked those to whom they are most nearly attached—I have heard of cases, where there has been melancholia, where one of these apparently inexplicable acts of violence has been perpetrated by the sufferer upon the victim.
JAMES SCOTT . I am the resident medical officer at Holloway—I have had the prisoner under observation since June 16th, when he was received at Holloway—when he came in he complained of pains in his head—he was in a depressed mental condition—that has passed off, but he is not in a stable condition of mind—he is better than he was—I regard his actions as those of a person who is not responsible—I think that at the time he did these acts he was insane and not responsible for his actions—I think his condition was such that he did not know the difference between right and wrong within the meaning of the act.
Cross-examined. I know the prisoner was worried over his wife's state of health, and he told me he had not slept for some nights previous to this affair.
The prisoner's statement before the Magistrate. "I was not in my right mind when I did it."
GUILTY, but not responsible at the time. To be detained during His Majesty's pleasure.
Before Mr. Common Serjeant.
558. GEORGE MILLEE (28) , PLEADED GUILTY to burglary in the dwelling-house of Frederick George Parker and stealing an overcoat, four jackets, and other articles, his property, having been convicted of felony at Clerkenwell in March, 1899, in the name of Ulick Jwansski. Five years' penal servitude. And
Before Mr. Recorder.
MR. BODKIN Prosecuted.
The prisoner withdrew his plea, and in the hearing of the Jury said he was guilty of wounding with intent to do grievous bodily harm. He received a good character. Twelve months' imprisonment in the second division.
Before Mr. Recorder.
MR. BIRON Prosecuted.
AMY LAURA THOMAS . I am an assistant in the post office at High Road Knightsbridge—on May 16th this requisitoin for a money order for 1s. payable at Dundee to William Christophan, was handed in—it is supposed to be signed by Mr. Wharmsley, of 22, Stockdale Road—I filled up the original order, and handed it to the person who had signed the request—when I parted with it the amount was 1s., it is now £6 1s., the "6" has two dashes underneath it—it is the practice to put two dashes in the vacant column when there is one, and they would be similar to those now in the pence columns—the letter of advice was sent to Dundee, that is for 1s., and is a reproduction of the original letter—a carbon sheet is placed between the requisition and the letter of advice, so that whatever appeared on one would appear on the other—the letter of advice shows the two dashes on the pound side—I do not recognise the person who came for it.
WILTON LEFTWICH . I keep the General Moore at Stewart Road Battersea—on May 16th the prisoner came into the bar about 5 p.m.—I have known him for some years under the name of Harley—I have changed several post office and postal orders for him before—he came in with another man who I did not know—the prisoner said to me, "Can you change a big one?"—I said, "How much is it for?"—he said, "£6 1s."—I said. "I daresay I can," and I asked my wife for the money—this (Produced) is the order, but it was not crossed like this; I suppose my banker crossed it when it was passed through my bank—it was already signed "James Harley" when he brought it in—he asked me not to let his friend see as ii he did he would have to have half of it and would spend it in drink—he said, "Tell him you have only let me have half a sovereign on account" which I did—he turned round to his friend and said, "Mr. Leftwich can only let me have half a sovereign on account, and you can have 5s. of it"—the friend said, "Well, 5s. is better than nothing to a man that is broke"—I believe the prisoner gave him 5s., but I cannot say for certain—he received six sovereigns and 1s. from me—he paid for the drinks previously—I believed the order was all right because I had changed orders for him previously—at the time he showed me a form from some drug stores at Knightsbridge with something about "Enclose balance of account" on it—he had previously given me to understand that he was
carrying on an audiphone business—he said the order was sent to him to settle the balance of an account—I do not know what the other man had to do with it, but some time previously he had given me to understand that the other man was going into partnership with him in the audiphone business—while the conversation was going on about the order the other man said, "I want some of that before I leave this house"—that was before he got any money—I afterwards paid the order into my account at Parr's Bank and received some information about it.
Cross-examined by the prisoner. The other man looked like a broken-down clergyman—you said you intended to accept him as a partner.
BEATRICE WOODCOCK . I am an assistant in the post office at 267, Wands worth Road—on May 16 about 7 p.m. a man brought me a requisition form for a money order for 1s.; I issued one for 1s., and that has since been altered to £4 1s.—I made out a letter of advice the same day with some dashes on it; those dashes have been erased from the order.
LILIAN NELL SEARLE . On May 17th I was a barmaid at the Three Goats Heads, Wandsworth Road—about 9 a.m. the prisoner came in with another man and asked to see the governor—I sent for him, and he came down—I had never seen the prisoner before.
ROBERT HENCHLEY . I am the landlord of the Three Goats' Heads—I was called into the bar on the morning of May 17th by the last witness—I saw the prisoner and another man there—I have known he prisoner for a number of years, because he lived at the rear of some premises in Wandsworth Road which I occupied—that was fifteen or twenty years ago—he was then a clerk, as far as I know—he has recently been using my house, and I had his name on my books as I used to supply him with wine when he was in different circumstances—I knew him as Richards—on the 17th he showed me a money order for £4 1s.—it was like this one, but I have changed, I daresay, 100 for him—I do not know the man who was with him—I changed the order and gave the money to the prisoner—he handed it to the other man—I said, "Am I changing the order for you or the other man"—'he said, "Not exactly"—I said, "I do not want to change orders for anybody, the bank will charge for this"—he said, "Whatever they charge I will return to you," and he left.
THOMAS HAWKINS (Detective Sergeant.) On June 22nd I arrested the prisoner at 23, Stockdale Road, where he was living—I told him I should have to arrest him for feloniously uttering a forged post office money order on or about May 16th and obtaining £6 1s. from Mr. Leftwich instead of 1s., for which the order was issued—he said, "I admit I did it, I am sorry, I was led away by the man Wharmsley, who I was with when I gave Mr. Leftwich the order—I thought he was a straight man and had money, but I found he was not"—I took him to Clapham police station where he was charged, and in reply he said, "That is so."
The prisoner's defence before the magistrate: "I reserve my defence and call no witnesses here."
The prisoner in a written defence said that he had advertised for a partner and became acquainted with Wharmsley who was going to invest £100 in the business; that Wharmsley had given him the order for £6 1s. and promised
him another sum in the morning, and that he Wharmsley had had the orders made out in the prisoner's name; that next day Wharmsley gave him the order for £4 1s.; that he believed him to be a clergyman of standing as his full name and address was in the clergy list; that he (the prisoner) did not know the orders were forged, and that if he had intended to defraud he would not have taken the orders to people who knew him and given his business name.
GUILTY . He then
PLEADED GUILTY to a conviction on October 21 st 1901, as Henry Thomas Richards, for obtaining money by false pretences, and three other convictions were proved against him. Three years' penal servitude.
MR. KERSHAW Prosecuted.
JOHN O'BRYAN . I am a builder's labourer, and live at 16, St. Ermin's Hill. Westminster—the deceased was my daughter—she was twenty-five years of age—she had lived with the prisoner about seven years, and had had three children by him—I saw her in the Lambeth Infirmary—I was with her when she died.
Cross-examined by the Prisoner. I seldom saw you.
JAMES FRASER . I am a printer—I live at 30, Tower Street, Waterloo Road—on June 8th, I believe the prisoner lived above me in the house—there are a good many lodgers—I was in my room, the ground-floor front parlour with my wife about 12.30 or 12.45 on Sunday morning, taking my boots off before going to bed—I heard a crash like the sound of snapping' a piece of wood across the knee, or of a whip, close outside my door, which is near the street—then I heard a woman scream and say, "Oh, my God, Mrs. Fraser, do come out he has cut my eye out with a stick"—my wife went out, and came back excited for a glass of water, which I took out—I saw the woman reclining in two women's arms in the street—a quantity of blood was coming from one eye and there was blood on the pavement—' I never saw the man till the constable came and asked where he lived—the constable passed me.
Cross-examined. You did not ask for a match—there was no cab there till long afterwards.
EMMA FRASER . I am the wife of the last witness—on June 8th, I was with my husband in my room at 30, Tower Street, about 12.30—he was going to bed—I heard a blow, which sounded like a split cane or a stick—it seemed to come from the door-step—then I heard the deceased's voice call Mrs. Fraser, Mrs. Fraser, he has 'poked' or 'cut' or 'knocked' my eye out with a stick"—I knew her as living in the house—I went there a little before Christmas—I went out—she was standing by the door bleeding from' the right eye and nose—I called to my husband for a glass of water—he brought it—the prisoner passed me and went up stairs—I stood at the street door—he was coming across the road when I first saw him—the police came—I gave a glass of water to someone to bathe the deceased's eye—the' police called a hansom cab and the deceased was taken to the hospital—there
was no cub there before that, or I must have seen it—I had previously knocked against the deceased in the passage—there are houses opposite, and areas all round—it is at the back of Queen Square—anything might have been thrown down the area without attracting notice.
Cross-examined. I did not hear her say that you did not do it.
HENRIETTA TOWNSEND . I am the widow of Charles Townsend a carman and live at 145, Queen Square, Waterloo Road, Southwark—some of the houses in the square are opposite the houses in Tower Street—our house faces 30, Tower Street, on the other side of the road—the houses have areas—they are mostly occupied—on june 8th I was in my room on the third floor which looks towards. 30, Tower Street—I heard a woman's screams three or four times—I looked out of my window—I saw a woman lying on the stone close to 30, Tower Street, I heard her say"Won't no one help me "twice, and "Won't no one have pity on me, he has knocked my eye out with a stick"—then the door of No. 30 opened, and the prisoner came out and tried to raise her—she would not rise—she said, "Let me alone, you b—, you have knocked my eye out, and I have done nothing for it"—he let her down again and kicked her in the rump, twice with one foot and once with the other—I holloaed out of the window, "You villain, you scoundrel, you ought to be locked up"—then he went indoors—I sent a boy for the police—several people came up.
Cross-examined. She lay on her left side facing the window—one kick was nearer the shoulders—I could see blood streaming down her face—there is an incandescent gas within half a dozen yards outside Purcell's general shop—I cannot say whether you crossed the road, but I saw a man come to fight you, and say, "Where is the villain, where is the villain I" and you had to run inside—I did not see you cross the road—I saw no stick—I had you under observation the whole time.
ANNIE FERRIS . I am the wife of Henry Ferris, a coach trimmer, of 53, Pearman Street, Westminster Bridge Road—about 12.30 a.m. on Sunday, June 8th, I heard a woman crying at the other end of the street—I was talking to a friend in Tower Street—the woman said her eye was knocked out—a lady passed on, and did not assist her, so I went—some young man picked her up—her face was covered with blood—she was lying down when I saw her in the distance, but she was assisted and leaned against the wall—I bathed her face, and saw that the blood came from the right eye—she was a stranger—I had seen her before—someone fetched a cab and I went with her to the hospital in it—I saw no cab there before that—the prisoner was brought down stairs—she wanted him to go with her to the hospital and he asked whether he might come—the police would not let him go in the cab—I saw him pay for the cab—a policeman accompanied us—the doctor bound up her head—I went with her to the police station and then took her home—I saw her afterwards on that Sunday lying on the bed.
Cross-examined. I did not hear her say that she fell, and that you had not done it.
JOHN KELLOW (174 L.) About 12.50 a.m. on Sunday, June 8th, in consequence of information, I went to Tower Street with Constable Mitchell—I saw the deceased on the footway taming against the wall a t the door of
No. 30—she was bleeding from a wound over the right eye—I spoke to her—she gave me some information, in consequence of which I went upstairs and saw the prisoner and two children in a room—I said, "Your wife has given you into custody for assaulting her and striking her with a stick"—he said, "All right, let me kiss my children before I go"—he kissed the children and came down stairs—he made no other statement—he was sober—a cab arrived as I got downstairs—there was no cab when I went in—Mrs. Ferris and Mitchell went with the woman in the cab—she spoke about Lynch going with her, and he wanted to go—I would not allow him—I took him to the station—on the way he said, "I done it in the heat of temper"—I looked round the room, in the passage, and in the street, but found no stick.
Cross-examined. I told the Inspector the charge—I did not say I did not know it.
Re-examined. I had not seen the assault, and could only take the prisoner into custody on her authority.
THOMAS BRYSON (Inspector L.) I am stationed in the Kennington Road—I was on duty and took the charge at the station about 1 a.m. on June 8th, when the prisoner was brought in by Kellow, who said the woman had been taken to St. Thomas's Hospital by Constable 368 in a cab for a cut eye, and that she would come presently—she came with Mitchell about half an hour afterwards—in the prisoner's presence I said, "What is this?"—her head was bandaged—Mitchell said she had a cut eye—she said, pointing to the prisoner, "He hit me with a stick and knocked me down, and when I was down he kicked me"—I said, "Will you charge him?"—she said, "Yes"—while entering the charge as a common assault the prisoner closed his hand and scowled in a threatening manner towards the woman—I said, "It is no good you threatening her here"—I asked the deceased to sign the charge—at first she was unwilling, but eventually she made a mark; she could not write—I read the charge to the prisoner—next day, the 9th, the prisoner was charged before the magistrate, Mr. Chapman, at the Southwark Police Court, with a common assault—he had been bailed on the Sunday—the deceased was a witness—the magistrate, after hearing the case, sentenced the prisoner to be bound over in two sureties of £10 each for his good behaviour, or in default one month's imprisonment—no sureties were forthcoming, and he served the month—the prisoner is a hawker of newspapers near Villiers Street, Strand—there was no appearance of drink, but the deceased was in a dazed and ill condition.
Cross-examined. She said she would not charge you—I did not say if she would not charge you I would shove her at the side of you—you made no answer to the charge—she told the magistrate that she fell down, and that she was drunk, and afterwards that you knocked her down and struck her with a stick—that was after the magistrate told her it was better to
speak the truth—women invariably tell a different story in the morning to what they tell overnight.
MARCUS HENRY QUARRY . I am a registered medical practitioner at the Lambeth Infirmary—the deceased was admitted into the Infirmary on June 13th in the afternoon, suffering from injuries to the head—I saw her on Saturday. June 14th—she was semi-comatose, and suffering from a fractured skull—there was a wound beneath the right eyebrow—she gradually became unconscious and died on June 17th, about 10 p.m.—on the Coroner's order I afterwards made a post mortem examination—she had a wound about half an inch long beneath the centre of the right eyebrow, which led in a downward, inward, and backward direction and communicated with a facture at the interior portion of the base of the skull from just behind the socket of the eye—the wound led backwards about aft inch and terminated in the fracture at the base of the skull—on opening the skull the whole of that side of the brain was inflamed and covered with matter—some small fractures of the skull had actually penetrated the brain substance—I found a further fracture just above and behind the left ear, extending towards the base of the skull on that side—I do not think these fractures were caused by a fall—I came to the conclusion that the fracture by the right eye was caused by some pointed instrument, not necessarily sharp—the wound by the ear was a suppurating wound—it might have been a clean cut—it had festered—there was no bruising—there was hemorrhage into the eye-ball—if the wound had been Caused by a fall there would have been necessarily found a bruising of the external surface—the wound could have been caused by falling on a pointed instrument—the fracture over the left ear could have been caused by a fall—it did not appear to be a recent fracture—if it had been caused at the same time as the other injury I should have noticed it—the fracture on the left side was, in my opinion, of later date than the fracture on the right side—death was due to high temperature, forming blood poisoning, and causing inflammation to the coverings of the brain, or septic meningitis, which was due to the fracture over the right eye—the symptoms were consistent with the injures inflicted on June 8th—the other fracture had been inflicted previous to June 8th, and had nothing to do with the two wounds.
Cross-examined. I gave notice of her death, and no doubt you received notice from the authorities—I do not think a fall on a sharp window-ledge would have caused the injury.
The prisoner's statement before the magistrate: "I never had a stick on me."
The prisoner, in his defence on oath, said that the deceased fell and injured herself, and that she said so, and did not want to charge him, but that the Inspector threatened to "shove" her on the side of him if she did not charge him; that she would have been an unfortunate but for him, and that he was innocent.
GUILTY . The prisoner was proved to have been four times convicted for drunken and disorderly conduct, and to have been a violent character. Ten years' penal servitude. The Court commended Dr. Quarry for the clear manner in which he had given his evidence.
Before Mr. Common Serjeant.
Before Mr. Justice Lawrance.
HENRY CLARKE . I am a labourer, and live at 3, Barmour Street, Batter-sea—the house was occupied by the deceased—I lodged there, and occupied. a room on the top floor—a Mrs. Howard also lodged there in the back room on the top floor—the deceased occupied the back room on the first floor—the prisoner has lodged in the same room as myself for about nine months—there is a kitchen in the basement, which was sometimes used as a sort of general sitting-room—the prisoner did not seem to be very comfortable with the deceased—he seemed always to be as if he had a grievance against her, always miserable—she was between fifty-nine and sixty years old—on June 1st I was with the deceased in a public-house—she told me something that had happened—the next day I was in the kitchen at the lodging-house with her and the prisoner—the deceased then referred to the incident she had told me about in the public-house—she said, in front of the prisoner, that he had ripped her bodice on the Sunday night, and she asked him if he knew anything about it—he said he was sorry for what he had done—she told him never to do it again, and she forgave him for it—she said it had been done with a knife, which, she showed me—this is it (Produced), and on the Monday she also showed me the bodice—I had seen the knife before—it was used for cutting leather when we mended our boots, and was kept in a drawer in the basement—I saw another knife after the crime, an ordinary table-knife—on Saturday, June 28th, I was in my room in the morning shortly after one o'clock—I went into the front parlour to lay down, that is on the same floor as the deceased's room—I had been there about ten minutes when I heard the deceased scream—I rushed out to see what was the matter—I went by the door of her room—I heard her scream a second time, and I opened the door and went in—I saw the deceased lying on the rug by the side of the bed on the floor, and the prisoner was standing at the foot of the bed—she was in an exhausted condition with a wound in the left side of her stomach—all she had on was a chemise, which was pulled up, so that 1 could see the wound—I saw this knife (Produced) lying by her left side—I noticed blood was spurting from her side—I had seen the knife before—it was kept in the same drawer as the other, and was used for the same purpose—I said to the deceased, "Mother, what is the matter?"—she said, "Oh, Harry, he has stabbed me"—I said, "Who has?"—she said, "George"—the prisoner said, "Now I will b—well be hung for you, "and he walked out of the room and went into the kitchen—I got a constable
named Cole and brought him back with me into the room and showed him the deceased—then I took him down into the kitchen and showed him the prisoner, who was laying down—another constable came, and he was afterwards taken away—when I saw him in the bedroom he appeared to me to be sober—I had seen him about 9 a.m.—he was sober then—I had not seen him between nine and the time this happened—when I pointed him out to the policeman he was lying on a sofa—he appeared to be asleep—that was ten or fifteen minutes after I had seen him standing at the foot of the deceased's bed.
Cross-examined. There were three of us who occupied my room—I had occupied it for about three years and eight months—the prisoner had been there about eighteen months—when the deceased pointed out the slit in her sleeve on June 1st she took it in good part—they were on friendly terms after that till June 28th, as far as I could see—June 26th and 27th were Bank Holidays, and the prisoner did not go to work on those days—I was at work on the 26th and 27th—I do not know if he was drunk on those days—I never see him—he was in my room at night, but I was asleep when he came in at night, and I got up first to go to work—I only saw him for a minute or so on June 28th at 9 a.m.—I cannot say if he had had anything to drink—when I went into the room and saw the deceased wounded I did not have any conversation with the prisoner—I cannot say whether he had been drinking or not—it did not strike me as an extra ordinary circumstance that he should be asleep when I returned with the constable—I do not know if he heard me say that I was going for a con-stable—I was gone about ten or fifteen minutes—during that time the prisoner had an opportunity of getting away if he had so desired—I asked one of the other lodgers to stand at the gate and see that the prisoner did not go out, but he made no attempt to do so.
Re-examined. I cannot say if the prisoner was asleep on the sofa or only pretending to be.
HARRIET HOWARD . I am a widow, and lodged in the same house as the deceased—on June 28th, about 11 a.m., I went down to the kitchen—the deceased was there—the prisoner came in—I think he had had a little drink—he asked the deceased for a shirt—she said she would not Jet him have it because he quarrelled over a drink—he went out—I cleaned the deceased's kitchen for her, and about 12.45 she went up to her bed-room to have a bath—I went with her, as she asked me to wash her back down—after I had done so I left her and went to my own room—she had on a pink chemise, which she dropped for me to wash her back—after I had been to my room I went downstairs and went out to speak to the next-door neighbour—I was out three or four minutes when the last witness came out and spoke to me—I ran back to the deceased's room—I found this knife by the bedside—she was sitting on the bed bleeding from the side—she had on a clean chemise—I went to get a doctor—I did not see the prisoner.
Cross-examined. I had not seen the prisoner on the Friday or Thursday—I knew he had not been to work on those days—I did not know or hear
that he had been drinking about the place during those three days—I know he does drink sometimes—on Saturday nights and Bank Holidays he has been in the habit of coming back the worse for drink.
Re-examined. I never noticed any change in his manner after he had been drinking.
ARTHUR COLE (393 V). I was called to 3, Barmour Road by Clark on June 28th about 1.30 p.m.—I saw the deceased lying on the bed in an exhausted condition—there was a patch of blood on her left side and on her underclothing—I also saw this knife on the rug at her left side—I went into the kitchen with Clark—I saw the prisoner lying down on the sofa—I told him he would have to go to the station with me for stabbing Mrs. Tye—he said, "I know nothing about it"—when I spoke to him I thought he was pretending to be asleep—he was quite sober, but I think he had been drinking—I handed him over to another constable—on June 30th I went to Holloway to take the prisoner to the hospital where the deceased was—that was for the purpose of taking some statement from her, if she was well enough to give it—on the way the prisoner said, "It is a bad job; I hope it will be a lesson to men that get mad drunk. I must have done it in a fit of jealousy."
Cross-examined. When he was lying on the sofa I shook him, and at first he looked at me and took no notice—I did not say at the police-court or at the inquest that I believed he was pretending to be asleep—I said "apparently asleep"—I also said at the inquest, "I saw Hibbs lying on the sofa asleep"—I did not notice that he smelled of drink—I came to the conclusion that he had been drinking by his general appearance and by his eyes.
EDWARD SUGDEN (526 V.) On June 28th I was called to 3, Barmour Street by Cole—I found the prisoner there—he was handed over to me by Cole—I took him to the station—on the way he said, "My head is bad"—he was sober then, but he had evidently been drinking—I left him at the station and returned to Barmour Street, and assisted in taking the deceased to the hospital.
WILLIAM REYNOLDS (Inspector V.) I was called to 3, Barmour Street on June 28th, and in consequence, of what I saw there about 3.15I charged the prisoner at the station with attempting to murder his landlady, Miriam Jane Tye—he did not say anything—he appeared to me to have been drinking, but he appeared to understand all that was said to him—I drew his attention to some blood stains on his shirt—he said it was done by his nose bleeding, and that statement he has twice repeated to me, adding that his nose always bled after he had been drinking—I did not see any sign about him of his nose having bled recently—I afterwards charged him with the murder of the deceased—he said nothing in answer to that.
Cross-examined. On July 4th he was taken to the inquest—the Coroner asked him if he desired to put any questions, and he said, "No, sir; I was so drunk I do not know what I was doing"—when men have been on bouts of drinking for several days they show it in different ways—some are quiet and some are noisy, some are good-tempered, and some are bad
—I have frequently noticed that when a man has been the worse for drink, and has had a great shock, that he has partially recovered his senses.
HARRY STANLEY TURNER . I am a registered medical practitioner, and live at 211, Great Road, Battersea—I was called to 3, Barmour Street on June 28th at 2.15 p.m.—I saw the deceased there—she was lying on the bed wearing a pink chemise, which was stained with blood—I examined her—she had a wound on her left side near the hip bone—I came to the conclusion that the wound was inflicted with a knife when the chemise was doubled on itself—there were two cuts on the chemise—this knife would be capable of inflicting the wound—I ordered her removal to the hospital.
Cross-examined. I should describe the point of the knife as being fairly sharp—if the chemise was doubled it would require some force to inflict the wound—I did not know the depth of the wound at the time—it had not broken any bone.
Re-examined. I do not think a very heavy blow would be required to cause the wound.
BERTRAM JONES , M.R.C.S., L.R.C.P. I am house surgeon at St. Thomas's Hospital—the deceased was brought to the hospital about 4.30 p.m. on June 28th—I found a wound penetrating the abdominal wall—it was about 6 inches deep and 3/4 inch in breadth—we performed an operation on her at 6.30 that night—at 1 a.m. on Monday morning peritonitis set in, and we performed another operation, but it had no beneficial effect, and she died of acute peritonitis at 1 p.m. on Monday—this knife would be capable of making that wound, and corresponds in breadth and depth with the flesh wound—it must have been driven with some considerable distance judging from the sharp point—I think a small amount of violence would inflict the wound.
The prisoner's statement before magistrate. "I had been drinking very hard, and have no recollection of what happened, and I have no witnesses to call."
GUILTY. Strongly recommended to mercy by the Jury. Death.
ADJOURNED TO TUESDAY, SEPTEMBER 9TH, 1902.