CENTRAL CRIMINAL COURT
TWELFTH SESSION, HELD OCTOBER 20TH, 1902.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
MESSRS. BARNETT AND BUCKLER
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
STEVENS AND SONS, LIMITED, 119, CHANCERY LANE.
Law Booksellers and Publishers.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, October 20th, 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 CHARLES BIGHAM and the Hon. Sir ARTHUR RICHARD JELF , two of the Justices of His Majesty's High Court; Sir. REGINALD HANSON , Bart., M.A., LL.D., F.S.A.; Sir WALTER WILKIN , K.C.M.G:, and Sir ALFRED JAMES NEWTON , Bart., Aldermen of the said City; Sir FORREST FULTON, Knt., K.C., Recorder of the said City; WALTER VAUGHAN MORGAN , Esq., Sir JOHN KNILL , Bart., and HOWARD CARLILE MORRIS, Esq., other of the Aldermen of the said City; ALBERT FREDERICK BOSANQUET , Esq., K.C., Common Serjeant of the said City; LUMLEY SMITH , Esq., K.C., Judge of the City of London Court, and JAMES ALEXANDER RENTOUL , Esq., K.C., M.P., LL.D., Deputy Judge of the City of London Court, His Majesty's Justices of Oyer and Terminer, and General Gaol delivery holden for the said City, and Judges of the Central Criminal Court.
THOMAS HENRY BROOKE-HITCHING, Esq., J.P.
ALFRED PERCY DOULTON, Esq.
CENTRAL CRIMINAL COURT
DIMSDALE, MAYOR. TWELFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday and Tuesday, October 20th and 21st, 1902.
Before Mr. Recorder.
690. HANNA MCCARTHY (55) PLEADED GUILTY to stealing 60 yards of silk, the property of Rylands and Sons, Limited, having been convicted of felony at Clerkenwell on July 16th, 1901. Fourteen other convictions were proved against her. Twelve months' hard labour. —
(692) WALTER ALLEN (33) , to breaking and entering the warehouse of Frederick Shove and others, his masters, and stealing thirty-three fur jackets, their property. Six months' hard labour — [Pleaded guilty: See original trial image.]
(693) HENRY JOSEPH BUTLER (27) , to stealing, whilst employed under the Post Office, a post letter containing a postal order for 10s., four penny stamps, one 1/2d. stamp, and a subscription card, the property of the Postmaster-General. Nine months' hard labour.— [Pleaded guilty: See original trial image.]
(694) GEORGE WILLIAM CROFT (21) , to stealing, whilst employed under the Post Office, a post letter containing two bicycle tubes, the property of the Postmaster-General. Six months' hard labour. — [Pleaded guilty: See original trial image.]
(696) GEORGE NEVILL , to being found by night unlawfully in possession of house-breaking implements without lawful excuse, having been convicted at Clerkenwell on December 7th, 1897. Four other convictions were proved against him. Five years' penal servitude. [Pleaded guilty: See original trial image.]
Mr. BIRON Prosecuted, and Mr. GRAIN Defended.
FREDERICK HORTIS BRADLEY . I am a postman in the General Post Office, and live at 17, Hemstal Place, St. John's Wood—on September 13th, about 2.15 p.m., I was about to clear out the pillar box in Copthall Avenue—I had not opened the box—the prisoner came up and said he had dropped a half-sovereign into the box amongst some letters he had posted—I opened the box—a man dressed as a painter came up on my right side and said, "I am sorry, postman, I have put some paint on your keys; I will wipe it off"—the keys were hanging in the keyhole—the prisoner was still saying he had dropped a half-sovereign into the box—the painter took the keys out to wipe the paint off, and I noticed him take a small cardboard box from his pocket—he was pressing the key on a ball of wax or some substance in the box—I was still clearing the box—when he produced the box the prisoner said, "It must be down in the corner there"—there was no half-sovereign there—I had no reason for noticing the painter—the keys were smeared with a paint-brush—the man had a paint can in his left hand and a brush in his right, and he smeared the keys as the door was swinging open—first of all I thought it was an accident, then I began to get suspicious when the prisoner was still carrying on about the half-sovereign—the painter then put the keys back into the keyhole—I said, "There is no half-sovereign in here"—the prisoner pulled thirteen or fourteen sovereigns from his pocket and said, "I am very sorry, postman, I have got it here; take this sixpence"—I refused the sixpence, and the prisoner then walked away in the direction of the painter—I closed the box and gave my bags into the charge of a man who keeps a stall close by—I called a constable, and we followed the two men—we met them in Drapers' Gardens—the prisoner turned round when he see us coming and walked towards us—the painter ran away in the opposite direction, and got away—I caught hold of the prisoner's arm and said, "Half a minute"—he said, "I have not touched your keys," and ran away—I ran after him shouting out, "Hold him, hold him"—he ran into a doorway in the Stock Exchange, and was stopped by Mr. Simmons on the first floor—I saw the prisoner put his hand into his inside pocket and throw something into a basement—I did not pick it up, but a constable brought it into Moor Lane Station—this is it—it is a small box like the one the painter had—it contains a piece of wax and the impression of a post-office key on it.
By the COURT. Each pillar-box has a different key.
Cross-examined. I have here the key I was opening the box with when the prisoner was there—there are seven keys on this bunch, and they fit the boxes I collect from, and each key is numbered—this one is 62A—I do not think the impression on this piece of wax is the impression of this key—Copthall Avenue is not a very busy place at 2.15 p.m.—I did not notice anybody pass—the box door opened to the right—the prisoner was standing on my left—the painter was on the same side as the door, before I opened the door I only saw the prisoner standing close to the box, I did not then notice the painter—it was about half a minute after I inserted the key into the box that I saw the painter—I did not suspect anything when I inserted the key—after the painter had placed the paint on the keys he
took them out of the door—the impression on this wax represents the part of the key which opens the lock—the painter did not take the wax out of its box—I do not say this is an impression of this key—when the painter put the paint on the keys it aroused my suspicions—I did not say anything to him, because I thought I would let him take an impression of the key, and if I had called to him then no doubt he would have run away—I went on collecting the letters—the painter went away first—he went away quietly—the prisoner remained behind—the painter had gone about ten yards before the prisoner left the box, and then he followed in the same direction—I lost sight of them then—the prisoner returned to me when the constable was walking with me—the painter was in sight then—when the prisoner got up to me the painter ran away—I had the keys in my hand when the prisoner came back to me, as the painter had put them back into the lock, and after I had emptied the box I took them out of the keyhole—the prisoner had not touched the keys—he was dressed as he is now.
Re-examined. This was a Saturday afternoon.
GEORGE HERBERT SIMMONS . I am cashier at the London and West-minster Bank, Lothbury—I was in Throgmorton Street on September 13th about 2.30 p.m.—I saw the prisoner leaving a small crowd, and I heard somebody say, "Stop that man"—seeing he was the only one on the move I followed him, and caught him at the foot of the staircase of 14, Throgmorton Street, where he had run—with the help of two or three other gentlemen I detained him till the police arrived—he did not resist at all—after he had been removed it occurred to me to look about where he had been standing—I found on the foot of the stairs behind the lift, where it is very dark, a little cardboard box containing a piece of rag and a piece of wax.
Cross-examined. I heard someone calling out about another man—I do not know if the painter had passed the door where I had found the box, I understood he ran the other way.
F. H. BRADLEY (Re-examined.) The supposed painter ran down Drapers' Gardens, and in the opposite direction to the prisoner—I do not know if he passed the door where the box was found—I did not see him.
LEONARD JAMES LIVINGS . I am a printer's messenger, and live at 116, Sidmouth Road, Leyton, Essex—on Saturday, September 13th, about 2.30 p.m., I saw a postman speaking to a policeman—about two minutes afterwards I saw a painter running towards Austin Friars—he threw a paint-pot away, which I picked up.
EDGAR MUSK (471 City.) On Saturday, September 13th, Bradley spoke to me—I went with him to Throgmorten Avenue—I saw the prisoner in conversation with a man dressed like a painter—they parted company, and from what Bradley told me I followed the painter into Austin Friars—he saw me following him and ran away into London Wall and got away—I went back and found the prisoner detained by Mr. Simmons and Police-constable Baker—Bradley gave him into my custody, and I took him to the station—he made no reply to the charge—I found on him £7 10s. in money, one Kruger sovereign, some French money, a pencil-case, a
watch and chain, a memorandum-book, and other articles—he refused his address.
Cross-examined. I was in uniform—I did not see the postman go up to the pillar-box—he had left the box before I saw the prisoner—I was not in sight of the pillar-box at all.
ALFRED DANIEL HART . I am a postman in the Northern District, and live at 18, Sedon Street, Cannon bury—on September 11th I was making a collection in my district about 1.55 p.m.—the pillar-box is in the Upper Street, Islington—it is known as St. Mary's Church pillar-box—when I got to the box I saw the prisoner standing up against the church—I have no doubt that he is the man—he was counting some gold coins in his left hand—he came up to me and asked me if I collected that box—I said, "Yes"—I understood him at first to say that he had posted a letter containing half a sovereign—then I understood him to say that he had posted some letters with half a sovereign between them by accident—he offered me 6d., which I refused—he wanted me to look for the half-sovereign—I told him I could not give it to him even if I found it—I looked into the box—I saw no half-sovereign there—while I was looking into the box my bunch of keys was hanging in the keyhole—a man who had the appearance of a painter came up on my left side—he said something which I did not hear—he had an apron and a cap on, and I saw something in his hand which I took to be a paint-pot—the door was then open and the keys were hanging in the lock—I did not see if he did anything to the keys—I told the prisoner there was no half-sovereign in the box, and he again pressed me to take 6d. which I did—then he stood a little way off the box counting his gold again—he said he had found the half-sovereign in between the gold—he then went away—on September 22nd I went to the Guildhall Police Court, where I picked out the prisoner from eight or nine others as being the map I had seen on September 11th or 12th—I am not certain which day it was.
Cross-examined. I reported what had taken place to the officer in charge when I returned to the post-office—I did not see the prisoner speak to the painter—I did not notice if they walked away in opposite directions or not.
GUILTY **†. He then
PLEADED GUILTY to a conviction of felony at the North London Sessions on May 4th, 1897, as Edward Simpson. (He had been sentenced to three and a half years' penal servitude in America .) Two years' hard labour. The Court commended Bradley for his behaviour, and directed he should have a reward of £3.
698. ALBERT HENRY POTKINS (24) PLEADED GUILTY to stealing 2 1/2 yards of cloth, the property of Dore and Sons, his masters, and within six months to stealing two other quantities of cloth from the same persons ( See next case.)
MR. HUTTON Prosecuted.
FREDERICK WILLIAM TOWNLY . I live at 153, Chadwick Road, Peckham, and am a clerk and salesman to Dore, and Sons, Ltd., at 74, Cornhill—they have several other shops in various parts of London—Potkins has been in our employ for nearly two years as tailor's trimmer and under-cutter—we had been missing cloth for some time—I spoke to Potkins, and he made a confession—I saw some of our cloth at the police station—I did not go to the prisoner's place—I identified the property brought to the station about September 12th—the prisoner has been working for us making coats for about three years—the cloth would be cut up and he would fetch it to cut it up—he is an Italian—he never had to make any trousers—he can speak English—I have talked to him—I cannot speak Italian—the value of the cloth that I identified is about £ 10, and £8 worth at the pawnbroker's—I am sure it is the firm's cloth—some of it is made expressly for us and us alone—Potkins never went to the prisoner's house with my permission—the prisoner would himself come to fetch the cloth which was to be made up, unless it was very special and he was very busy, when we would send one of our errand boys.
Cross-examined by the prisoner (Interpreted.) I saw you often in the shop—I paid you your wages—the clothes you have there and in that box and in those parcels are not your property—I have no recollection of your wearing those trousers which you are now wearing when you came to the shop—I have a counter in front of me, and I should not see your trousers.
EDWIN STEPHEN DORE . I live at-2, Cleve Road, West Hampstead, and am managing director to Dore and Sons, Ltd.—I went with the police to the prisoner's shop at 71, Old Street—I saw the prisoner—I think the police asked him if he had any of our stuff—at first he said no—I saw a box there when the place was searched—the police asked him to open it, which he did—I saw the clothes in it—I identified the stuff as ours—the cloth is specially manufactured for us—nobody had any right to sell it to the prisoner—he would come to fetch cloth to make into coats for us—it would be ready cut up, and he would bring the coats to be tried on, and also when they were finally finished—Popkins was never employed to take cloth to the prisoner—I identify the whole of this cloth as our property, and it is all supplied solely to us and not supplied to any other firm.
By the JURY. The waistcoat the prisoner is wearing is made out of our cloth, which is supplied specially to us—we use no cloth, with a few exceptions, except what is manufactured specially for us.
Cross-examined. The detective asked you from how many persons you bought the clothes, and you said from one—I do not speak Italian—you said you had bought the clothes in May.
FREDERICK BAREHAM (Detective Sergeant, City.) On September 5th, about 5 p.m., I went to 71, Old Street, with Mr. Dore' and Sergeant Collins—I went to the first floor occupied by the prisoner—I saw him there—I said "We are police officers; do you know a man named Potkins, of Dore's at Cornhill?"—he said, "No"—I said, "Do you know Dore's, Cornhill?—" he said, "Yes, I work for them"—I said, "Have you bought any cloth from a man named Potkins, at Dore's at Cornhill?"—he said, "No"—I
said, "We have reason to think you have; I shall search the place"—he said, "No, I have not"—we searched the place and found that box locked—I asked him to unlock it—as soon as the top drawer was taken off Mr. Dore recognised the cloth, and said, "That is my cloth, I can swear to it"—I cannot speak Italian—the conversation was in English—I have evidence that the prisoner has known English for years—I told him I should take him into custody for receiving the cloth, well knowing it to be stolen—he said, "The man did not tell me it was stolen; I paid him what he asked, I do not remember how much; I do not keep accounts in my books"—I found some books; they did show any accounts—he called a woman from the floor above—she is an Englishwoman and cannot speak Italian—he asked her if she remembered a young man bringing parcels there—she said, "Which one?"—he said, "Bert; you wrote a letter to his father for me when I was ill"—Potkins' name is Albert—the prisoner said, "The first time he brought cloth here was in May, and the last time August; I understand it is wrong now; but I am not English"—he was taken to the station and was charged with receiving the cloth, knowing it to be stolen—he said, "The man brought stuff to my shop and I paid him sometimes 10s., Us., or 12s., according to the goods"—I understood he meant so much a length—he did not ask for an interpreter at the station—next day he was taken to the Court—I searched him at the station, and found four pawn tickets on him—they all related to the stolen cloth.
E. S. DORE (Re-examined.) We buy the cloth at so much a yard—the hop-sack would be 7s. 6d. a yard, the grey would be 8s. 6d., and this about 8s. 6d.—that is the wholesale price to us.
JAMES COLLINS (City Detective.) On September 6th I took the prisoner to the police-court—on the way he made a statement in fairly good English—he said, "Potkins has brought me a lot of cloth in pieces; I have made it up, and he told me how much to charge for it; nearly all the trousers in that box are from Dore's, one or two of the coats that are finished I bought at another place."
ALBERT HENRY POTKINS . Until I was taken into custody I was employed by Dore and Sons for about two years, first as a trimmer and then as under-cutter—I received 35s. a week—when I wanted cloth for the purpose of cutting out, I filled in a form for the amount I required, which would be sent to my father, who was the manager, or to Mr. Townley, to sign—it was then sent by a messenger to the place where the cloth was kept, when the amount would be returned to me; when the orders came back, signed by my father, I would insert additional amounts, and so get more cloth—from time to time I obtained pieces of cloth in that way—I first resorted to dishonest practices at the prisoner's suggestion—he asked me if I could get him a length of cloth for a pair of trousers—we were in the basement at Dora's, when he said that, about the middle of last June—the prisoner was in the basement waiting for his work—he said that for 2 1/2 yards of cloth he would give me 4s.—the real value would be about 13s.—I should say that the prisoner knows the value of cloth—I refused to get it time after time—the suggestion as to how I should get the cloth came from the prisoner—he knew very well that I should have to send for it, and that
that was the only way for me to get it—he proposed that I should add to the order—I continued to supply him from time to time down to August—sometimes when I took it to him he sometimes paid me—he had to leave it over sometimes, and he sometimes could not pay so much—he never paid me more than what we had arranged—this is some of the cloth I supplied him with—I did not keep any accounts—I should say I made about £7 altogether her—2 1/2 yards is a trouser length—I should get 7s. 6d. for a coat length.
Cross-examined. I have not seen you in the shop with those trousers on or with this jacket—I do not recognise the cloth as any that I took to you—I can swear to some of the cloth, but not all—I did not take the cloth to you and ask you to sell it for me.
By the COURT. I did not begin to take cloth to the prisoner till June, 1901, so the cloth which was pawned has nothing to do with what I took him.
The prisoner, in his defence on oath, said that Charles Potkins, the prisoner's brother, in May, 1901, brought him cloth for him to buy, which he did, some of which he had made into clothes for himself; and that he had been to Dore's shop wearing them, but nobody had said that it was their cloth; that he did not ask him where he got it from; that he had not bought any cloth from Albert Potkins, but that it had been brought to him to sell for Potkins after Charles had gone to Africa; that he (the prisoner) had not gone to Albert and asked him to get cloth for him; that Charles told him he had bought the cloth to sell again; that he (the prisoner) had not told Dore that Charles had brought him cloth, but that he got receipts from Charles, and that they were in his box when the police opened it; that he had not made the statement about Albert bringing him cloth in pieces; that he had not received 1,397 yards of cloth from Charles, but only 100 yards, and that cloth had been stolen from Dore's long before he (the prisoner) went to the premises.
FREDERICK BAREHAM (Re-examined.) There was a tray turned upside down in the prisoner's trunk—I examined it, and I found some receipts, but they had nothing to do with Dore and Sons—the prisoner did not suggest I should bring them here—he did not mention Charles Potkins.
GUILTY . Three years' penal servitude. —Sentence on POTKINS— Twelve months' hard labour.
MR. BURNIE Prosecuted.
ARTHUR ELLIOTT (Detective Sergeant T.) On October 4th I served the prisoner with notice to come up for judgment—he made no reply—on August 4th I was present at the West London Police Court when the prisoner was sentenced to twenty-eight days' hard labour for larceny outside a shop—R. O. B. Lane, Esq., was the Magistrate, and his attention was drawn to the fact that the prisoner was on recognisance from this Court—this prosecution is by the direction of the Commissioner of Police—when I served the notice the prisoner was in the company of two convicted thieves—Mr. Lane said that he would deal only with the offence before
him, and take no notice of the recognisances—since the prisoner was convicted he has done no work—he is generally loafing outside public-houses—lately he has been associated with convicted thieves, although at first after his conviction he used to shun them. Six months' hard labour.
NEW COURT—Monday, October 20th, 1902.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
GEORGE PRIDE (Police Sergeant P.) On September 25th, about 11 p.m., I went with another officer to 107, Went worth Street, Spitalfields, we kept watch for a quarter of an hour, and saw the shadows of a man and woman on the blind of the second floor front room, probably a dozen times—we went away for assistance and returned, and went up to the room on the second floor—the door was closed but not fastened—I opened it, and went in with Sergeant Wensley and other officers at 11.30—the prisoner was in bed—I told her we were police officers, and believed she had counterfeit coin—she said that she had not—I searched the room, and found this mould under the window, it was hot—I found a spoon in a corner of the room with metal in it, quite hot—a fire was burning in the grate—I found on a shelf sixteen florins wrapped in paper, and a quantity of plaster of Paris—I told the prisoner that I should arrest her, she said, "I don't know anything about that"—I asked her where her husband was, she said, "He is not my husband, I am living with a man"—I also found a piece of antimony.
FREDERICK WENSLEY (Police Sergeant H.) I went with Pride to this house, and was there when the search and the arrest were made—I remained there while Pride went away—the prisoner said, "I have been living with a man named Liss for about a fortnight, he only came here to-day; this is the first time I have seen him doing this sort of thing, you would not have found me here if I had known you were coming: I do not know his other name, I believe it is Claverton."
Cross-examined by the Prisoner. You did not say, "If I had known you were coming you should not have come up stairs."
CATHARINE HAND . I live at 6, Colesworth Street, Spitalfields, and have the letting of the rooms 107, Wentworth Street—on September 22nd, I let the second floor front to the prisoner at 7s. a week—she said that she came from Notting Hill—I was in the room a week before that, and it was perfectly empty.
WILLIAM JOHN WEBSTER . I am inspector of coin to H.M. Mint—this is a mould for florins, and these sixteen florins are bad, and have been cast from it—this saucepan has molten metal of the same description in it—this spoon is used for stirring—antimony is used for coining—it would not take very long for the mould to get cold.
GUILTY , Six months' hard Labour.
CAROLINE GIBBONS . I live at Roselle Villas, Lower Edmonton—on the morning of Sepetmber 25th, I was at my first floor window, and Olive Smith came to her window and called me—I saw blood all over her face—she fell into the road, but I did not see her fall—I went out and saw her lying down, and took her into my house—as I was picking her up I saw the prisoner—he said, "I could not help it."
WALTER POCHETT (Policeman.) On the morning of September 25th I was called to the corner of St. James's Road, and saw Mrs. Gibbons carrying Smith, who was bleeding from several wounds on her head—I saw the prisoner at his house and told him I should take him into custody for throwing his daughter through the window—he was charged at the station, and declined to say anything.
DR. HENRY FOSTER BURNES . I was called to attend Olive Smith at 10 a.m.—she had four or five lacerated wounds from blows on her head, and was quite pale and pulseless and in a collapsed state—there were no bruises she did not fall on her head but on her hands—the blunt side of this hatchet would inflict the wounds.
CHARLES LAWSON SMITH , B.M. I am resident medical officer at Edmonton—I did not see Olive Smith till a week after the injury—I found five or six wounds which might be from blows with a hatchet or falling from a window—the wounds bad healed when I saw them.
OLIVE SMITH . I am the prisoner's daughter, and live at 1, St. James's Road, Edmonton—he is a skirt maker—on September 25th, soon after ten o'clock I was playing the piano in the front room, first floor, alone—my father came in, came behind me, and cut the back of my head—I did not see the chopper in his hand, but he struck me with something hard, and I either fell or we struggled to the ground—I pulled the chopper from him, but he got it from me—I regained my feet and threw it down stairs—I went part of the way down stairs to the box-room, opened the window and called for Mrs. Gibbons—my father was behind me and pushed me out, and I fell into St. James's Road—I next remember being in Mrs. Gibbon's house.
Cross-examined by MR. O'CONNOR. My father was always very kind to me—he became very strange in his manner after my mother's death in May—he sat by her bedside for six weeks—I do not remember his being in the infirmary, he was rather strange in his manner when he came home.
By the COURT. He said something when he struck me, and after that he said, "They can't see you"—nothing was said going down stairs—he said, "They shan't see you upbraiding your mother"—there was no ground for saying that.
SIMON HUNT (Police Sergeant.) I am stationed at Edmonton—I saw the prosecutrix being conveyed away on an ambulance—I went to the prisoner's house and knocked, but got no answer, but a young lady came from the other side and unlocked the back door with a key—I went in and found the front room disarranged, and the box-room window open—I went down stairs and found the hatchet—I do not think it could have fallen there without being thrown there—it was in a cupboard under the stairs—I
charged the prisoner at the station with feloniously wounding—he simply said "Yes, yes."
Evidence for the Defence.
DR. JAMES SCOTT . I am medical officer of H.M. Prison at Brixton—I have kept the prisoner under close observation since he came in on September 26th—he has been depressed and in a confused mental condition suffering from melancholia—he is not capable of understanding the position in which he now is—I have questioned him, he varied his statement some-what—he said that his business is going and he is going to poverty, and he was afraid his daughter might go out at night and go wrong, and that he suspected a large number of persons would come in and murder him and his wife, and that was in consequence of reading Pickwick and other books—I believe he is insane and unaccountable for his actions.
GUILTY of the act, but not accountable for it. To be detained during His Majesty's pleasure.
THIRD COURT.—Monday, October 20th, 1902.
Before Lumley Smith, Esq., K.C.
703. JOHN WILLIAMS (Otherwise Thomas John Richards ) (30), Breaking and entering the counting-house of the Capital and Counties Bank, and stealing seven forks, their property, and a coat, a waistcoat and other articles, the property of other persons.
MR. KENT Prosecuted MR. 'EDWARDS Defended.
WILLIAM LOCK . I am a watchman at the Capital and Counties Bank, 37, Thread needle Street, and 118, Bishopsgate Street—the premises do not join at the back, but there is a communication between them—the adjoining building, 117, Bishopsgate Street, is being pulled down—I came on duty at 10 p.m. on Saturday, September 13th, and went off duty at 9.30 on Sunday morning;—I went round the premises between 4 and 5 a.m., at daybreak, and turned out the lights—I was relieved by Wildman, a messenger—the premises appeared all right.
Cross-examined. Another watchman examines the windows—he is supposed to go through the premises once every hour.
WILLIAM WILDMAN . I am a messenger of the Capital and Counties Bank—on Sunday, September 14th, I went on duty about 9.30—I relieved the witness Lock—as I was going over the building to see that everything was correct I found the prisoner leaning over an open desk on the second floor in the inspector's room—he had a packet of envelopes in his hand containing the branch managers' signatures for reference—I asked him what he was doing—he made no reply—I asked him again—he made no reply—I seized him and took him downstairs—at a sharp angle in the stairs he tried to throw me—I still retained my hold and took him down to the ground floor—I had to release one hand to open the door—he commenced to struggle—I asked some passers-by to assist me and detained him till a policeman arrived—he was still struggling—I gave him into custody—afterwards going over the premises I found this parcel on the umbrella stand—it contains two waistcoats and three
coats—the articles produced were taken from various parts of the premises—they were done up in a white tablecloth—all the Bank back, windows in Threadneedle Street face the building, which is being pulled down.
Cross-examined. The prisoner being deaf might have prevented his replying to me—I found the waiting-room on the first floor of 37, Thread-needle Street, unbolted—the police officer who examined the premises with me called my attention to foot marks in the mortar and marks of a hand on the window frame—a Cardigan jacket was found—no one has owned it.
JAMES SOUCH (965 City.) On Sunday morning, September 14th, I was on duty in Threadneedle Street—I saw the prisoner being detained by Wildman, who said that he found the prisoner on the first floor, and a large bundle ready for removal—I took the prisoner to the station, where he was searched by the detective sergeant in my presence—these articles were found on him: a magnifying glass, a paper knife, a pair of trousers, a pipe, some keys, and a snuff-box—they have been identified by their owners—he made no reply to the charge—he was sober.
Cross-examined. The prisoner is deaf—I said at the police court that he was found on the second floor, but it was the first floor.
FREDERICK BAREHAM (Detective, City.) The prisoner was brought to the station on September 14th—he was searched in my presence, and these articles taken from him—this key was amongst them—it has since been identified as belonging to the door of-the room by which the entry had been made, a room on the first floor at the rear of 37, Threadneedle Street—on searching the premises I found on the third floor these clothes packed for removal: an overcoat, a pair of trousers and three jackets—I have examined the window marks and found marks of dirt leading from the building that is being pulled down, and along a low roof to a window on the first floor of 37, Threadneedle Street, and a mark of a dirty hand on the window frame—that is a French window and opens in the centre—there was also dirt just inside on the floor where someone apparently had stooped down—the window was unfastened—the prisoner made no reply to the charge—he refused to give any address.
Cross-examined. The dirt was dry, like dust from the building which was being pulled down, and as if someone had walked through it—the prisoner was dirty—a Cardigan jacket was found in the same room as the prisoner, on the second floor—I have not found the owner—I have learned since that the prisoner gave his full address on the Monday morning.
Re-examined. I asked the prisoner if the Cardigan jacket was his—and he said, "No."
EDWARD AIRETON . I am a messenger for the Capital and Counties Bank—the spoons and forks produced are the property of the Bank—I last saw them on Saturday, September 13th, in the luncheon room on the top floor of the Bank—this is the key of the waiting room door on the first floor of 37, Threadneedle Street—that is on the side of the building that is being pulled down.
Threadneedle Street—I reside at Sydenham—this snuff-box and knife eraser are mine—I left them in my desk in the inspector's office on Saturday, September 13th.
EDGAR MORRIS HALL . I am a clerk in the Capital and Counties Bank—this envelope addressed to me, and the coat and waistcoat produced, are mine—I left them in a room on the third floor at 37, Threadneedle Street, on Saturday, September 13th.
The prisoner, in his defence on oath, said that his name was Thomas John Richards, a seaman; that he was passing the Bank and thought there had been a burglary, and went in to see; that the porter spoke to him, but he could not hear; that he found the key and articles found on him, and was given into custody; but that he knew nothing of the other things.
GUILTY — Six months' hard labour.
704. STUART SIMONET SCOTT PLEADED GUILTY to forging and uttering a-receipt of the London Assurance Company for £119 14s. 3d.; also to embezzling £8 4s. 7d, £63 3s. 5d., and £22 19s. 2d., received by him on account of his employers the London Assurance Company; also to omitting material entries from the rough cash book of his employers. (His defalcations were stated to be £9,916 19s. 1d. in ten years.) He received an excellent character. Eighteen months' hard labour on each indictment, to run concurrently — And
(705) LOUIS LOVIN (59) , To four indictments for stealing two purses, an umbrella, a bag, and a shirt, the property of Wm. James Weedon and others; having been convicted of felony at Clerkenwell, on January 17th, 1899. Seven other convictions were proved against him. Seven years penal servitude. [Pleaded guilty: See original trial image.]
NEW COURT—Tuesday, October 21st, 1902.
Before Mr. Common Serjeant.
(707) ALFRED JAMES SPICER (19) , to breaking into the shop of Ernest Oakshott and stealing a till and 13s. 6d., his property, having been both convicted at Clerkenwell on August 7th, 1901. Two other convictions were proved against Spicer. SPICER— Three years 'penal servitude; BRUTON— Four years' penal servitude —
(708) FLORENCE WILLIAMS (24) , to stealing three purses, a bag, and £9 11s., the property of John Marsden, in his dwelling-house. Also to stealing a watch and other articles, the property of Jessie Garrett, in her dwelling-house. Also to stealing a ring, the property of Austin Rendell, in his dwelling-house; having been convicted at Westminster Police Court on August 1st, 1902. Twelve months' hard labour [Pleaded guilty: See original trial image.] and
(709) CHARLES ROWCLIFFE (40) , to forging an authority for the payment of £8 with intent to defraud. Also to obtaining from Mary Ann Crockett and Alfred Crockett £8 by false pretences, having been convicted at Worship Street on November 22nd, 1900. Six months' hard labour. [Pleaded guilty: See original trial image.]
MR. FORDHAM, Prosecuted; MR. ROOTH Defended.
NOT GUILTY .
THIRD COURT.—Tuesday, October 21st, 1902.
Before Alexander Rentoul, Esq., K.C.
711. GEORGE SMITH (34) , PLEADED GUILTY to stealing a purse, a ring, a key, and £1 14s. 6£d., the property of Ruth Coombs, from her person, having been convicted at Clerkenwell on April 2nd, 1901, in the name of Alfred Connell. Three other convictions were proved against him. Three years' penal servitude; and
(712) DAVID LIMBURG and EMANUEL LIMBURG , to unlawfully disposing of their property within four months of their petition in bankruptcy. To enter into recognisances. [Pleaded guilty: See original trial image.]
713. HARRIE GUEST (27), CECIL CHARLES GORDON (24), and CLAUDE HOWARD LUMSDEN (27) , Unlawfully obtaining by false pretences from Edgar Haffenden, a cigarette case, a gold watch, and £3, and conspiring together to defraud Edgar Haffenden by false pretences of his goods and moneys.
MR. GANZ Prosecuted; MR. WARBURTON appeared for Guest,MR. RANDOLPH for Gordon, and MR. CLARKE HALL for Lumsden.
HERBERT POLLITT . I live at 40, Berners Street, Oxford Street—I became acquainted with Gordon at 20, Berners Street, three years ago—the house had two flats—I had one and Gordon the other—on Saturday, September 20th, about six o'clock, I was waiting for my dinner at No. 40, when Gordon came upstairs, opened the door, and asked me to cash a cheque—looking out, I saw a cab and one or two faces—he produced a cheque for £5 on a piece of paper signed, "Harrie Guest"—I said I could not cash it, but that the tradesman who had cashed mine would perhaps cash it—he left and came back—he said something to the effect that if he had a proper cheque form he had someone who could get the cheque cashed—I said I had some cheques on the London, City and Midland Bank if they were of any use—this cheque belonged to me—at first I was going to give' him one on the bank I used, but I recollected this cheque book on another branch of that bank where I had only an account of a few shillings and I took a cheque out of that book and presented it to him.
Cross-examined by MR. WARBURTON. It strikes me now as peculiar his asking for a cheque on a bank in which he had no account.
Cross-examined by MR. RANDOLPH. I knew Gordon quite two years—I believe he was employed as a jeweller's assistant—the blank form was on Lloyd's.
ALBERT QUILLAN . I keep the Palace Tavern, Charing Cross Road—the prisoner came there from September 14th to 20th every day—on September 16th or 17th Lumsden introduced Guest as the son of a publican and Gordon as a diamond sorter, of Hatton Garden, and said that he had himself returned from Australia, and he asked if they should run short of money would I oblige by changing a cheque—on Saturday, September
20th, Lumsden came about 2 p.m. and asked me to oblige him with one of my cheques—I refused—soon after 6 p.m. Gordon asked me to change a cheque—I told him I did not change cheques, but I would see whether I could get it changed for him, and asked him to return about eight, when most likely I could do it for him—in the mean time I communicated with the police—at eight o'clock he returned and asked if I could change the cheque—detectives were in the bar—I took it and handed it to the detectives—one of them took a copy of it—I gave it back and said I was sorry I could not manage it, and he went away—Gordon gave me this card on the 16th, "C. C. Gordon, watch and clock materials, wholesale," and "24, Ovington Street," crossed out, and underneath in pencil, "54, Rawlings Street."
Cross-examined by MR. WARBURTON. I never tried to change the cheque.
Cross-examined by MR. RANDOLPH. Gordon wrote his name and address, 54, Rawlings Street, on the back of the cheque.
THOMAS DUGGAN (Detective C.) About 8 o'clock on September 20th, I went to the Palace Tavern, Charing Cross Road, with Sergeants West and Macpherson—we sat in the saloon bar where I saw Gordon sitting—the landlord showed me this cheque—I took a copy of it in my pocket-book and it was then handed back to the landlord—Gordon left the public-house and entered a cab which was waiting outside—we followed the cab to a turning off Charing Cross Road, opposite Wyndham's, where Lumsden spoke to Gordon and they drove in the same cab to Shaftesbury Avenue, and stopped near the Trocadero Restaurant—Gordon and Guest got out of the cab, leaving Lumsden in it—they went round to the Monaco as if they were looking for someone—after about twenty minutes they entered the cab again and the three drove through Montpelier Street, Chelsea, to a shop in the Brompton Road—Lumsden and Gordon entered the shop and after a little delay came out—Guest was by the window—all three crossed the road and joined the cab—I went into the shop and spoke to the prosecutor—in consequence of what was said I' ceased to keep further observation.
EDGAR HAFFENDEN . I am a watchmaker and jeweller at 130, Brompton Road—I have known Gordon about four years—on September 20th he came to my shop about 9.45—he inspected some goods—he chose a silver cigarette case, value 7s. 6d.—he presented this cheque for £10, dated September 22nd—I gave him what spare cash I had, £3, and understood he would come for the balance—he left the shop—he reutrned about 10.15 with Lumsden, whom he introduced as Lieutenant Guest—I asked Lumsden if he was the drawer of the cheque, and he said "Yes"—I asked him where his establishment was—he said in the Charing Cross Road—they bought this gold watch—I took the cheque on the Monday morning to the London City and Midland Bank to cash it—it was returned marked "No account"—I called at the police-station, and then went to 54, Rawlings Street, where Gordon had lived, but he had gone—I went home—Lumsden called in the afternoon—I told him the cheque was wrong, and demanded my watch, cigarette-case, and money—he affected great surprise, and said, "Let me telephone to the bank"—I told him the bank was closed—he said, "Oh, I know the manager"—he left the shop—that was the last I
saw of them till they were arrested—when I parted with my goods and money I believed the cheque was good, because I had done business with Gordon as an honourable man, and had known him for the past four years.
Cross-examined by MR. RANDOLPH. I knew Gordon was a jeweller—nothing was said about holding the cheque back; I was not asked, so far as I remember—I did not promise—Gordon introduced Lumsden as Lieutenant or Mr. Guest and not as "a friend of Guest"—I allowed Gordon a trade commission, but he asked me to make the price of the watch £3 10s., the retail price.
HENRY JAMES HOWLAND . I am an assistant to Soames and Sons, pawn-brokers, 113 to 115, Fulham Road—this gold watch was pawned there on September 22nd in the name of Charles Lumsden, for a sovereign, I believe, by Lumsden—I have the duplicate of the ticket.
STANLEY WHITE . I am assistant to Mr. Babbington, pawnbroker, 27, Wardour Street, Soho—this silver cigarette case was pledged with us on September 23rd in the name of Gordon for 4s.—this is the ticket.
MICHAEL MORGAN (Detective Sergeant B.) On September 23rd at 4.30 p.m., I arrested Guest and Lumsden in Cadogan Street, Chelsea—I said to Guest, "I am a police officer, is your name Guest?"—he said, "Yes"—I said, "A cheque for £10 drawn, I believe by you, in favour of a man named Gordon, and which Gordon gave for goods to Mr. Haffenden, a jeweller in the Brompton Road, has been returned from the bank marked 'No account I shall have now to detain you pending inquiries"—he said, "I drew the cheque, and told Gordon to tell Haffenden not to present it-till Thursday, when I expected to draw the money from Lloyds and pay it into the London City and Midland"—Lumsden said, "Yes, that is right, and he told Haffenden not to present it till Thursday"—I went with Lumsden to the Brompton Road where he said he had an appointment with Gordon—at 5 o'clock I saw Gordon—I said, "I am going to detain you with regard to a worthless cheque for £10 passed upon Mr. Haffenden"—he-said, "Guest told me money would be paid to meet it on that day"; Lumsden said, "I thought you told him not to present the cheque till Thursday?"—Gordon said, "No, it was not, it was dated the 22nd"—I told Gordon he would be detained—they were taken to the station—Sergeant Dougall read the warrant.
Cross-examined by MR. RANDOLPH. Gordon said that Mr. Pollitt had given him a blank cheque, and that he had had a banking account.
WILLIAM DOUGALL (Detective sergeant B.) At 7 p.m. on September 23rd, I read the warrant to the prisoners at Walton Street police-station—Guest and Gordon made no reply—Lumsden said, "How do I come into this?"—I replied, "I understand you were taken into the shop and introduced as Guest"—they were charged—they made no further reply to the charge—while being searched Guest said to Gordon, "This is all through your stupidity"—on Gordon I found nine pawn tickets, one relating to a silver
cigarette case—on Lumsden I found seven pawn tickets, one relating to the gold watch, and an envelope, on the back of which was, "Watch £3, cash £3, case 7s. M, cheque £10—£6 7s. 6d—£4 7s. 6d."
Cross-examined by MR. WARBURTON. The subtraction is wrong.
Cross-examined by MR. RANDOLPH. From inquiries I found that Gordon was employed about five years at Hatton Garden, and that afterwards he set up business for himself at 54, Rawlings Street—he had a single-bedded "room, which the three men occupied.
Guest, in his defence on oath, said that he had a fifth share in his father's business at Leeds, and that if the cheque had been presented on the Thursday it would have been met—Gordon, in his defence on oath, said that from the telegrams Guest showed him he believed the cheque would have been met on receipt of money which had been delayed, and that he never introduced Lumsden to Haffenden as Lieutenant Guest; but he believed Guest had cash at Lloyd's—Lumsden, in his defence on oath, denied having anything to do with the passing of the cheque, though he was with his friend Gordon in the shop.
Gordon received a good character.
GUILTY . Guest then
PLEADED GUILTY to a conviction of obtaining goods by false pretences; at Portsmouth Quarter Sessions on July 14th,, 1899, in the name of Wilfred Harris, and Guest and Lumsden to a conviction of felony at Kingston-on-Thames on January 1st, 1902. GUEST— Eighteen months' hard labour; LUMSDEN— Nine months'-hard labour; GORDON— to enter into his own recognisance. "
OLD COURT—Wednesday, October 22nd, 1902.
Before Mr. Justice Jelf.
MR. MUIR and MR. A. GILL Prosecuted; MR. HEARMERDE Defended.
FREDERICK COOPY . I am a painter's labourer—the deceased was my step daughter—she was married to the prisoner on December 10th, 1901—she was twenty one years old—they did not live happily together—I saw her on September 1st, at 8.10 p.m., at Notting Hill Grate post-office with the prisoner—she had a black eye—I asked them to go home and try to make things up and be happy together—I kissed her and wished them good-night—I afterwards saw my daughter's body at the mortuary.
Cross-examined. The deceased was living with me before her marriage—some time in 1901 the prisoner came to live with me—I do not know if I thought that he was weak in his heed—he was a tantalising sort of man—I said at the police-court, "From my knowledge of him I thought he was wrong in his head"—he must have been or he would not have committed such a crime—three months ago he came to my place and I asked him where he was going—he said he was going home, but he did not go home; he was laying in the street—I picked him up and put him against the wall—he must have been tipsy or he would not have laid down—I heard yesterday that on one occasion while he was staying with me he attempted to take hid life—that was after his marriage—he never stayed in my house till after
he was married—on one occasion he came down in the night and stood by my bed with a knife, and asked me to forgive him for threatening to. Commit suicide—tears were springing from his eyes, but he was not crying—I do not know that he threatened to commit suicide by pouring paraffin over himself—he did not produce a rope to me and say he was going to hang himself—I have never heard about it—I never expressed the opinion that he was mad—I do not believe that my wife and the deceased went to his place of work and made a disturbance—I know that a summons for protection was taken out against the prisoner—I do not know that one was taken out against my wife—I know my wife was summoned; I do not know by whom, or what the charge was—she was not summoned by the prisoner—the deceased made an application at the police-court for desertion against the prisoner—I do not know if the prisoner had been to the West London Police-Court before that to ask the Magistrate for advice, or that the Magistrate told him to wait till his wife summoned him for desertion—I do not know that—he left the house for a time because he could not five with her—I know he left the house—at the time of the deceased's marriage with the prisoner she already had an illegitimate child which he knew—I do not know if she had previously had a miscarriage—I have to work too hard to go into those little items—she was living with me—I cannot swear that she did not have a miscarriage—I knew the prisoner to be a very hard-working chap—I do not know if—he gave all his wages to the deceased, or that she kept him in a very dirty condition—they were always very clean to my idea—I do not know if she pawned his things—I do not know if his masters complained of his ragged condition—I do not know that the deceased was of a nagging disposition—I had never known her to be so or to be the worse for drink—it was a hard trouble to get her to take a glass—I should have noticed if she was drunk—I do not know that she locked the prisoner out of the house—I have never been to their house—I do not know where the lived or that he had to go to his mother for food—I did not know; that he was subject to fits—he stayed at my house seven or eight weeks—that was just after they were married.
ELIZA SHANNON . I live at 5, Buckingham Terrace, Bayswater—the prisoner and his wife came to lodge with me on. May 3rd, and stayed, till June 21st—they were very unhappy together—they had a row the first day they came—on September 1st, between 4 and 5 p.m., I was at my window—they had left me then—I saw the prisoner in the street going towards home—he saw me and shook his hand in a sort of pointing motion towards his home and then drew his hand across his throat—he looked very white and mad.
Cross-examined. The deceased was a most miserable looking woman—whatever he tried to do for her she would never be happy—I know he has done all in his power to make her comfortable—I do not think she studied his comfort, she was never indoors to do so—she used to treat him with violence—when they had their first row at my house I went into the room—she threw plates off the table at him—he would have hit her, but I would not let him—I made him sit down and while he was doing so she ran at him and her fist shot and she gave him a dreadful blow in the face, and he never hit her back—she was not a very powerful woman—they were with me for six
weeks after the first row—I told them that if the rows continued they would have to go at the end of the first week.—I heard them quarrelling on several other occasions, but nothing I should interfere with—I do not think I heard them fighting—the prisoner was drunk two or three times to my knowledge while they were with me.
THOMAS JOSEPH MAJOR . I am managing clerk to Messrs. Farrow and Co., jobmasters, Adam and Eve Mews, Kensington—the prisoner has been in our employment for three years as chaff-cutter—he gave us every satisfaction—he was a most sober and steady man—on September 1st, about midday, he gave me notice to leave that night, as he had trouble with his wife at home, and he thought of leaving her altogether that night—he finished his work, and, as far as I know, he remained at work during the rest of the day—I last saw him about 7 p.m., when I paid him 4s. 2d., which was for one day's work—he may have gone out during the day without my knowing it—I have never seen this knife (Produced) before I saw it at the police-court—the prisoner was always very strange in his behaviour—he gave us the impression that he was not quite right in his mind—part of his duty was to take out forage with a van, and, on account of our not thinking him quite responsible, we sent a second man with him—we regarded him as a most temperate man—I never saw him the worse for liquor—he was a most hard-working man.
Cross-examined. I have often seen knives like this among our own men—it is a Swedish knife—our men mostly carry knives, sometimes for eating their food with, and when cutting chaff they have to have a knife to cut the string which binds the trusses—a strong knife like this would be just the thing for it—on September 1st the prisoner looked very worried when he came to work—he seemed to mumble in his speech—he did not seem quite in his mind for that day—I was very surprised when he gave notice—he always seemed to be clean—he always wore working clothes.
Re-examined. After you have had these sort of knives for twelve months they look practically the same as this does—I do not know if this is a new one.
EMMA PUTT . I am single, and live at 2, Archer Mews, Westbourne Grove—I know the prisoner and his wife—I met them on September 1st between 8.30 and 9 p.m. in Portobello Road—I said to the deceased, "What is the matter with you, Nellie?"—she said, "I have been crying"—I said, "You look as if you had"—she said, "Enough to make me cry, the best thing for me to do is to go down to Ladbroke Grove Police Station to get protection"—I said, "For why, Nellie?"—she said, "He is going to do something to me"—he said, "That is all right, my dear, I don't mean what I say"—he asked her for the room door key—she said, "I have not got it"—he asked her for it again, and she said she had not got it—he said, "What have you done with it?"—she said, "I have left it at home"—he said, "Are you coming home?"—she said, "No, I do not want to"—he asked her where she was going, and she said back to her father's—he said, "Well, you can go"—I wished them good night, and they both went down Portobello Road towards their home.
Cross-examined. I knew the deceased intimately—I was with her the night before the murder—the last time I was with her before that was
about a fortnight before—I remember going with her to the house of the prisoner's mother, Mrs. Taylor—I made a statement to Mr. and Mrs. Taylor, and told them a good deal of what happened—on the. Saturday night I met the prisoner, and he asked me if I had seen the deceased—I said I had not seen her—he said he should go to various pubs to look for her—I think she was very often there—later that night I want to Finche's public-house in Archer Street, and the prisoner told me that he had said to his wife, "Nellie, don't carry on like that; if Emma comes in she won't like it"—she had been sitting with my young man, and the prisoner thought I should not like it—the prisoner told me that the deceased had said that she did not care—he also told me the deceased had said about me, "Where the hell does she get her clothes from?"—on the Monday night I was in the public-house—I went out and said to the deceased, "What have you got to say about me and my clothes; my clothes is Sunday and week-day clothes what I have got"—that was in Portobello Road, between 8.30 and 9 p.m.—the prisoner was there—he tried to coax the deceased, and said, "Are you coming home?"—she said, "No I am not, I do not want to; you can well go yourself"—she turned to me and said, "You can go and live with the lot if you like, it will make no difference to me, as you are fond of him and like him"—the prisoner again tried to get her to go home, and she said she was not going—the prisoner said, "Well, then, I am going home myself"—the deceased used a filthy expression—I shook hands with them, and they both went off together—I think the deceased liked a drop of drink, but I never saw her the worse for drink. '
CICILIA HARPER . I am the wife of Edward Harper, of 37, Lonsdale Road—I only know the prisoner by sight—his mother lives near me—on Monday, September 1st, between 9 and 9.30 p.m., I saw the prisoner outside my gate—he had this knife in his hand—I did not see no blade then—he said he would do himself in by ten o'clock to-morrow morning, and then he went up the street—he was talking to his mother, who was standing at her doorway—I thought he meant that he was going to do some harm to himself—soon after ten next morning I saw him on the ground in the street next door but one to my house—he had a wound in his chest—there were a lot of people round him.
Cross-examined. Sutherland Place, where the prisoner was living, is about five minutes' walk from Lonsdale Road.
FRANCES TAYLOR (not examined in chief); Cross-examined. The prisoner, who is my son, came to me on August 31st—I said, "What is the matter now, my boy?"—he said, "I am suffering from a hat pin in one leg"—he said his wife had run it into one leg and then taken it out and run it into the other—I looked at his legs—there were wounds in them—I saw him about twelve next morning, and again in the evening—he then said, "Mother, I have come to bid you good-bye, I shall be dead outside your door at ten o'clock tomorrow morning"—he had not spoken to me like that previously—I cannot remember when he left school—while at school he told me he had fallen off a haystack—he came home from school when he was fifteen—I cannot say how long before that it was that he fell
off the haystack—after the accident he seemed very different—he did not seem in his right senses when he came home from school—he is now twenty-two years old—he has been subject to fits for some years—I do not know what kind of fits—when a fit was coming on he seemed to go into a vile temper for a minute, then he would get very white and trembling—he was quiet after the fits—they sometimes lasted for half an hour—he tried to keep out of my way when he was going to have a fit because of my weak heart—he seemed to know when they were coming on—I do not know much about his married life—I tried to persuade him not to marry the deceased—I did not approve of her—the prisoner came to my house during his married life—he has asked me for food—he has not been served well. (The prisoner here fainted, and no more questions were asked of the witness as her presence affected the prisoner.)
JOHN MORF . I am a tailor, of 15, Colville Road—I am the landlord of 16, Sutherland Place—on August 6th I let the top front attic unfurnished to the prisoner and his wife—I was there on September 2nd at 10 a.m.—I heard screams—I went upstairs, and on the second landing I saw the deceased—she was lying on her side and bleeding from her chest—she had a baby in her arms—she said to me, "He stabbed me"—I went for a policeman and a doctor.
WALTER LORD. On September 2nd I lived at 16, Sutherland Place, on the second floor, and immediately under the room occupied by the deceased and the prisoner—on that day I was in my room from 9.15 a.m. till 10 p.m.—I heard a short scuffling upstairs which lasted about a minute—I heard a scream and some footsteps which stopped outside my door—I heard a window upstairs open and something drop into the garden—I looked out and saw a Swedish knife on the ground, which I afterwards saw Hawkins pick up—I then heard footsteps going down the stairs to the ground door—I looked out of the window and saw the prisoner going away from the house—he had nothing on his head—I looked out of my door on to the landing, where I saw the deceased lying at the foot of the stairs with blood upon her—Mr. Morf was there before I was.
Cross-examined. The knife was thrown out into the garden in front of the house where anybody could see it—when I heard the scream I locked my door, that was because I thought the prisoner and the deceased were quarrelling—the deceased had threatened to do for my wife more than once—she was a quarrelsome woman—I have heard them quarrelling daily—the prisoner did not seem to be quarrelsome—he seemed quiet and respectable—I heard them come in very early on the Sunday morning—the prisoner was then the worse for drink—the prisoner came in first, and then went out and fetched her.
By the COURT. I had heard her threaten my wife on the previous Friday night—I did not see anything which was likely to be used as a weapon against my wife—the deceased said, "I will do for you," and I thought it desirable to lock my door when I heard her outside, especially as the prisoner had told us on the Sunday morning to keep out of her way as directly she saw my wife she swore to him that she would do for her.
September 2nd, about 10 a.m., I saw the prisoner in Lonsdale Road—he was quite a stranger to me—he was staggering along the pavement without a hat, and with one hand on his breast and the other on his head—he rested his hand on, my shoulder, and said, "My wife is dying"—as he dropped his hand from his breast I saw that he was bleeding—I said, "It is you that is dying, who has done it?"—he answered in a faint voice, "I have done it, take me to my mother before I die"—he gave me her address at 39 Lonsdale Road—I called my son and sent for the police—my son and I took him towards his mother's house, where I found his father—I left my son in charge of the prisoner.
Cross-examined: The prisoner looked mad when I saw him, and his eyes were wild and piercing through out of his face almost.
FREDERICK WELLING . I am the son of the last witness and live at the same address—I took charge of the prisoner when my father left him—he said to me, "I have killed my wife, take me to my mother before I die, because I want to kiss her"—I had to lay him down on the pavement close to his mother's house—he said several times, "My wife, my wife."
Cross-examined. He appeared to me as though he was mad.
JOHN COLEMAN (Police Inspector M.) On September. 2nd, about 11.30, I went to St Mary's Hospital, where I found the prisoner—I told—him his wife was dead—I cautioned him that any statement he might make would be taken down and might be used at his trial—he made this statement which I read to him, and he put his mark to it. Bead:. "I live at 16, Sutherland Place, with my wife; she said she would murder, me, and started laughing at me; I struck her with the knife. I did not know what I did with the knife: I then tried to kill myself"
Cross-examined. I expect the prisoner was in a weak condition when he made that statement—I did not ask him questions or suggest that he should make a statement—he was quite rational—Dr. Birch was present.
ANSLIE BIRCH . I was house surgeon at St. Mary's Hospital—I was present when the prisoner made his statement, which was taken down by the last witness, which I witnessed—the prisoner, spoke as if he was in pain, otherwise he was all right—he seemed to understand what he was saying—I attended him when he was first brought in—I do not think that there is any doubt that his wounds were self-inflicted.
Cross-examined. He had not lost much blood, he had lost a little—he was very weak and excited—he might have made a long statement if he had taken a long time over it, but the words had almost to be dragged from him—I dressed his wounds—I know nothing about his tendency to epilepsy.
Re-examined. The prisoner spoke with an effort—the words were dragged from him spontaneously.
HENRY DUELING (73 F) About 10.30 on September 10th I went—to 16, Sutherland Place, where I found the deceased landing on the landing—I went to the top floor attic—the room was in confusion—two chairs were overturned, a cup of tea spilt, and the carpet ruffled—I found blood on the window-sill and the coping outside also on the bed posts.
Cross-examined. I did not notice anything else lying about—I did not
see a frying-pan—I did not take much notice of the room except that it was in a confused state as if a struggle had taken place—the chair could have been used as a weapon—I think there were some tongs there—I did not see anything lying about as if it had been used in a struggle except the chair.
WALTER HAWKINS (Police Sergeant F.) On September 2nd, about 10.40 a.m., I found this knife in the garden in front of 16, Sutherland Place underneath the attic window—the blade was lying apart from its sheath—the blade was wet with blood—I handed it over to Dr. Jackson—there was no blood on the handle.
Cross-examined. I went to the prisoner's room—I did not notice anything which could have been used as a weapon—I did not see any fireirons or a frying-pan—I did not look very carefully—you could see the knife from the street.
ROBERT ALEXANDER JACKSON . I am divisional surgeon of the police, and live at 11, Portland Road, Notting Hill—on September 2nd, at. 10.45 a.m., I found the deceased lying on the second floor landing at 16, Sutherland Place—she had died shortly before I saw her—I found a punctured wound on her right breast and two cuts on her left wrist—those were probably caused in trying to get hold of the knife and defending herself—I made a post-mortem examination of her body—the wound in her breast was three-quarters of an inch long, and wounded the heart, and was the cause of death—this knife, in my opinion, would have caused it—I found blood stains on it when I examined it.
Cross-examined. The stab was about four inches deep—it would have been a violent blow—the blood would not spurt but much—the bleeding would be internal—I should not expect to find blood on the handle—I think the blade went in as far as it could.
Re-examined. Not very much violence would be needed to inflict the wound, because it was all through soft tissues, and did not touch the bone.
FREDERICK DERING NICHOLSON . I am house surgeon at St. Mary's Hospital—the prisoner was under Dr. Birch's care from September 2nd to September 27th—I saw him when he came in—I did not attend to him—he had several epileptic fits while he was in the hospital—I did not see them—I only know of them from the records.
Cross-examined. I do not know how soon after he came in that he had an epileptic fit.
WILLIAM TURRELL (Police Inspector F.) On September 27th I went to St. Mary's Hospital and saw the prisoner—I said to him, "I shall arrest you on a serious charge; anything you say may be used in evidence against you; I am going to charge you for wilfully murdering your wife Ellen Barnaby by stabbing her on the chest with this knife at 16, Sutherland Place, Bayswater, and, further, with attempting to commit suicide at the same time and place"—he replied, "Yes"—I took him to the station.
Cross-examined. The prisoner enlisted first, in March, 1897, in the City Road Militia, and was discharged as medically unfit, after serving only twenty days; he enlisted on June 26th, 1897, in the East Yorkshire Regiment, and was discharged on May 27th, 1898, as not likely to become an
efficient soldier—I have endeavoured to find out if he was taken to the lunacy ward at the Islington Infirmary by the police in a fit, but cannot do so—the report is that he was not there—he was taken to the Kensington Infirmary by the police on March 12th, 1899, and was placed in the lunacy ward, which I understand to be quite the usual thing—he remained there till March 20th, and was then discharged in good health—he only had one fit there.
JAMES SCOTT . I am medical officer at Brixton Prison—I have made a report as to my opinion of the prisoner's state of mind. (This stated that the prisoner was received at the prison on September 27th, and had been under close observation since; that the witness had had interviews with him, and had received reports about him and also read the depositions in the case; that while the prisoner was in the prison he was rational; that the witness had not detected any insane delusions; that the prisoner was below the average in intelligence and was of weak mind, but not actually insane; that he had had several seizures while in prison, which seemed to be genuine epileptic fits; that he was dull and stupid after them, but showed no signs of violence, and lay as though helpless; that he had, like most epileptics, a violent temper when roused, and had less self-control than most ordinary men; that the witness had formed the opinion that although the prisoner was of weak mind and an epileptic he had not been insane whilst under his care; that the evidence did not show that he was insane on September 2nd, so as not to know the nature and quality of his acts; and that he was fit to plead and stand his trial.)
Cross-examined. Being an epileptic would make him excitable—threats of personal violence would affect an epileptic more than an ordinary person—fright is sometimes alleged to bring on epileptic fits—epilepsy frequently leads to defective memory; it is very likely true when the prisoner says he does not know what he did with the knife—epileptics are sometimes seized with sudden impulses quite apart from epileptic fits, but it is not common, and in certain cases it has happened that they have used dangerous violence to other people without any malevolent intentions—cases of epilepsy vary very much—the actual cause of it is not known—if the prisoner was frightened by the violence of his wife it is possible, considering his condition, that he was more frightened than an ordinary person would have been; he might believe he was acting in self-defence when a person of perfectly balanced mind would not have thought so—a long continued course of cruelty would make him more likely to apprehend danger—I have heard of Dr. Ebbing, he is a German—in cases of epilepsy the subject may sometimes be liable to sexual passions—I do not know if Dr. Ebbing says in his book that "In many epileptics the sexual feeling is very intense"—if the prisoner was laughed at by his wife it would be likely to irritate him.
Re-examined. Dr. Ebbing is an authority on mental diseases generally—the Continental views on the sexual question are much stronger than ours, and Dr. Ebbing, in my opinion, is an extremist even in Continental views—I did not see any sign of a wound from a hat pin on the prisoner's legs—I did not see him till nearly four weeks after the time—I did not examine him with regard to that statement.
By the COURT. If there had been a former occasion on which a very
cruel attack was made by the deceased on the prisoner with a hat pin, that would strengthen my view of the prisoner giving way to fright and having apprehension of the woman—I think it is probable that the prisoner would be likely to give a very compressed narrative of what happened.
The prisoner, in his defence on oath, said that his wife treated him very badly and had hit him with a frying pan, and threw a knife at him; that about 7 a.m. on September 2nd he asked her to get up and get him a cup of tea, and that she would not get up; that he got up and lit the fire himself and made some tea; that the deceased got up and pulled him about and threw a chair and a knife at him; that he said, "For God's sake let me alone, I ain't doing you no harm"; that she said, "I don't care what I do to you, I mean to make, you mad, I will get you out of temper";—that she made him so mad that, he did not know what he did, and he pulled out the knife and struck her, and did not remember any more., or making a statement afterwards.
GUILTY of manslaughter. Five years' penal servitude.
NEW COURT.—Wednesday and Thursday, October. 22nd and 23rd, 1902.
Before Mr. Recorder.
715. GILBERT EDWARD VARIAN RULE (31) , PLEADED GUILTY to forging a transfer of a share in the capital stock of the— Klerksdorp Gold, Mining and Diamond Company, Limited'; also to obtaining by a forged instrument a transfer of 1,000 shares in the same company with intent; to defraud; also to obtaining from Harry Docura Faith a cheque for £195 14s. 10d. by false pretences. Twelve months in the second division. And
(716) WALTER GALLOP , to attempting to obtain from William Owen a pair of sleeping combinations, by false pretences, and other goods from Messrs. Robinson and Cleaver. He PLEADED GUILTY to the Fourth Count for obtaining goods by false pretences. Discharged on recognisances.
MR. BODKIN Prosecuted; MR. GILL, K.C., and MR. MATHEWS Defended.
The Jury, being unable to agree, were discharged without giving a verdict, and the trial postponed to the next Sessions.
718. LAWRENCE HUBERT GREIG (23) , PLEADED GUILTY to forging and uttering an endorsement upon a cheque for the payment of £10,266 3s. 2d.; also to forging orders for the payment of £1,200, £400, £300; also to forging the endorsements on two cheques for £4,372 15s. 8d. and £1,655 0s. 7d., with intent to defraud, having been convicted of felony at this Court on March 8th, 1897, under the name of Rockliffe (The forged cheques and endorsements amounted to £58,462.) Five years' penal servitude. —
(719) JOHN HERVEY REDGRAVE (32) , to forging and uttering a deed purporting to be an indenture of lease, dated August 24th, 1900; also to uttering, knowing it to be forged, a deed purporting to be an indenture of lease, dated July 4th, 1901; also to uttering knowing it to be forged, an indenture, dated August. 11th, 1901, purporting to be a lease; also to uttering, knowing it to be forged, a deed purporting to be a lease; dated July 4th; also to uttering, knowing it to be forged, a lease, dated August 15th, 1901; also to uttering, knowing it to be forged, a lease, dated October; 1st, 1901; also to uttering, knowing it to be forged a deed, purporting to be a lease, dated July 4th, 1901; also to feloniously obtaining from James Banks Pittman a cheque for £1,074 7s. 6d. by virtue of a forged instrument; also to feloniously obtaining from Marwood Leonard Boyd Braund a cheque for £951 12s. 5d. by virtue of a forged instrument; also to unlawfully obtaining from Hamilton Smith a cheque for £1,400 by virtue of a forged instrument; also to feloniously obtaining from George James Vanderpump a cheque for £454 11s. 6d. by virtue of a forged instrument; also to obtaining from the Union Bank of London £1,400 by virtue of a forged instrument; also to feloniously obtaining from Roderick Hamilton Purves a cheque for £1,647 14s. 6d. by means of a false instrument also to unlawfully obtaining from Marwood Leonard Boyd Braund and Joseph Etches Gowing a cheque for £951 12s. 6d. by false pretences—and [Pleaded guilty: See original trial image.]
(720) ROBERT LYON SAUNDERSON (34) , to feloniously harbouring Redgrave, knowing him to have committed certain felonies, and to assisting him to commit the said felonies— [Pleaded guilty: See original trial image.]
(721) FREDERICK FARROW (42) , to being accessory after the fact. REDGRAVE also to conspiring with John Marston Birkett, Thomas Simmons, and R. A. Lomax to forging deeds purporting to be deeds between Birkett and Redgrave with intent to defraud, (See, Sessions Paper, page 571); having been convicted at this Court on November 19th, 1894, as Royston. Farrow received a good character. REDGRAVE Six years' penal servitude. —SAUNDERSON, Twelve months' hard labour: FARROW— Six months in the second division. The Court expressed approval of the way Inspector Willis had conducted the case. [Pleaded guilty: See original trial image.]
THIRD COURT.—Wednesday, October 22nd, 1902.
Before. Mr. Common. Serjeant.
NOT GUILTY .
MR. JOHNSON Prosecuted, and the evidence was interpreted to the prisoner.
CARL EDWARD STEFFENSEN . I am a Norwegian and a seaman on board the "Oddersjad"—on September-4th, about midnight, I was in my bunk in the forecastle—the prisoner came on board bringing a bottle of whisky, and asked me if I would have a drink—I had a drink, and he-asked me to mind the whisky till the morning—five minutes later he came back and asked for it—he was intoxicated, and I would not give it to him—he then wanted me to go on deck and fight him—I refused and he hit me on my face, again demanding the whisky—he then stabbed me with a knife three times; first in my left thigh, then in my right leg below the knee,
and then in my right arm—the doctor examined me and I was sent to the hospital—I do not know the prisoner—I had only been in the ship three days with him—we both joined the ship in this country—it was a Swedish knife that he used.
The prisoner, in his defence, said he was drunk and did not remember anything of the assault.
GUILTY of unlawfully wounding. Five months hard labour.
MR. MORGAN Prosecuted; MR. JOHNSON Defended.
NOT GUILTY .
MR. CRICKETT Prosecuted.
AUGUST KEMPF . I am a baker, of 80, Lambeth Street, Whitechapel—on September 10th I was going home about 1 a.m., when the prisoner came up to me and asked me where I wanted to go to—I said I was going home—he walked a little way on with me and all of a sudden took hold of my throat with his hands—two other men then came up and I was knocked down—I cannot say who by—one of them put his hand in my pocket and took 1s. 5d., and in doing so tore my trousers—1s. 5d. was all I had—I shouted "Police"—three policemen came up and the three men were arrested—I identify the prisoner as one of them.
Cross-examined by the Prisoner. I was not in company with any woman—I had had a little drink, but was not drunk.
By the COURT. I had only been into two public-houses, one in Leman Street and the other in Prescot Street—I had had a pint of beer in each.
FREDERICK GALLYER (462 H.) On September 10th, about 1.10 a.m., I was in Lambeth Street when I heard cries of "Police"—I went in that direction and saw three men coming towards me—I waited till they came close up and arrested one man named Campbell—another officer arrested a man named Nevill—the third man ran back, but was afterwards stopped—I cannot say whether the third man was the prisoner—the prosecutor was bleeding at his mouth and was covered with mud—his right-hand trousers pocket was torn.
Cross-examined. The prosecutor had been drinking, but was not drunk—I saw no woman in the street; it was empty and I could see to the other end—the two other men that were arrested did not tell me that they had seen the prosecutor talking to a woman.
ARTHUR DAWE (9 H.R.) On September 10th I was in Lambeth Street and heard cries of "Police"—I went in that direction, and saw three men coming towards me—I arrested a man named Nevill—Gallyer arrested a man named Campbell, but the third man ran the opposite way, in the direction of Hooper Square.
shouts of "Police" coining from the direction of Lambeth Street—I went there, and saw a man running towards me—I waited until he was close up to me when I put my arms around his neck and caught him—he said, "What are you stopping me for?"I said, "Wait and see, old man"—Curson then came up and I gave him into his custody—I am quite certain the prisoner is the man I stopped.
JOHN CURSON (153 H.) On Septmeber 10th, about 1 a.m., I was in Johnson Court—I heard shouts of "Police" from the direction of Lambeth Street—Johnson Court leads into Lambeth Street—I went into Lambeth Street where I saw three men coming towards me—two of them were arrested by two other constables, but the third turned back and ran towards Hooper Square—I gave chase, shouting "Stop him," and he was stopped at the end of the street by Bishop—I brought him back to the prosecutor and he identified him as the man who had robbed him.
Cross-examined. I did not lose sight of you.
GUILTY . He then
PLEADED GUILTY to a conviction of felony at the Thames Police Court on October 12th, 1900, in the name of Albert Hutchins. Nine other convictions were proved, against him. Four years' penal servitude.
FOURTH COURT—Wednesday and Thursday, October 22nd and 23rd, 1902.
Before J. A. Rentoul, Esq., K.C.
727. ROBERT SMITH (25) , to three indictments for forging and uttering orders for the payment of £6, £4, and £5 with intent to defraud; also to breaking and entering the dwelling-house of Edward Lytton and stealing two pairs of blankets, some cheque books and twelve blank cheques, his property, having been convicted of felony at Lambeth, Police Court on March 13th, 1897, in the name of Robert Grethard. Judgment respited — [Pleaded guilty: See original trial image.] And
MR. MORTIMER Prosecuted MR. PURCELL Defended.
FREDERICK ASHBURN . I am fifteen years old—I live at 94, Upper Street, Islington—on January 16th, between 6.30 and 7 p.m., I was at Alwyn Villas, Canonbury, when the prisoner, whom I had not seen before, said, "Do you know Mr. Wright? "—I said "Yes"—he said, "I want you to take this note to the dairyman round the corner, Mr. Cowley," handing me a note in an envelope—I took it to the dairy, handed it to a lady behind the counter—she gave me some money in a brown paper bag—I gave it to the prisoner, who was about five yards away—he gave me 4d—I next saw him at Canonbury Road about two months afterwards—I ran home—I next saw him at Cannon Row Police Station with eight or nine others—I touched him.
Cross-examined. I know the time I saw the prisoner because I was going to meet the Vicar and to sing at a church concert at 7 o'clock—he was walking towards me—I was with a younger boy who stood on one side and took no notice—I was opposite some gardens on the other side, near a wall—it was rather dark—the next time I saw him was in Canonbury Road, about 4.30 one day in February or March—I am certain he was the same man—I saw him side-faced—I recognised him by his face and by his clothes—I did not notice his clothes very much, but I noticed his hat—his clothes were not light—he had a bowler hat on January 16th.
JANET PERKINS . I am book-keeper to Mr. Cowley, dairyman, of 11, Canonbury Place—I opened the envelope which Ashburn brought on January 16th, and found this note and this cheque for £5 5s. inside, "St. Stephen's Vicarage, Thursday evening. Dear Sir, Kindly send per bearer change for enclosed cheque and oblige. Yours faithfully, J. P. Wright," and I gave the boy five guineas in a bag—he took it away—he came back and said he had given it to a man outside.
ALBERT FERRETT (Detective Officer.) I was present when the prisoner was charged on September 30th—he made no reply—on searching him I found a quantity of memoranda, two pocket books, a number of pawn tickets, and a County Court summons.
Cross-examined. He said the documents were in his writing.
The prisoner, in his defence on oath, said that he was not the man, and knew nothing about it. He received a good character.
NOT GUILTY . (See page 1019.)
MR. J. P. GRAIN and MR. KERSHAW Prosecuted.
GEORGE SMITH BERRY (Detective, Great Eastern Railway.) On October 7th I was on duty at Liverpool Street railway station about 8 o'clock—I saw the prisoner on No. 10 arrival platform when the 8.5 from Yarmouth arrived—while a crowd of people were looking for their luggage the prisoner went on the right of a lady—he had the overcoat he is now wearing on his left arm—he placed his left hand into her dress pocket—I stood immediately behind him and could see quite distinctly—he left her and went down the platform to another lady, who was also looking for her luggage among a crowd—he placed his left hand under the folds of her dress with his coat on his arm—he left and went across the bridge to No. 9 platform—I spoke to Detective Raymond and a constable and continued to watch the prisoner—he stood still and then went to Nos. 7 and 8 barriers where a crowd was
waiting for the barriers to open—after a couple of minutes waiting—he went to No. 6 barrier where passengers were waiting for the 8.36 Luton train—he went alongside a lady with a baby in her arms with his coat on his arm—he placed his left hand in the folds of her dress, and then left her—I was about a yard away—he went to another lady at the same barrier, who was speaking to her friends—he stood on her left and placed his left hand into her dress pocket, his coat and her handkerchief covering her pocket—in going to say good-bye to a little girl she knocked the prisoner on one side—he got the handkerchief partly out of her pocket—I spoke to her and afterwards followed the prisoner to Nos. 2 and 3 barriers—there was no crowd there—the prisoner afterwards went to the West Suburban booking-office—he walked through the gate but returned—he was afterwards about to leave the station when I stopped him—I told him we were police officers, and that I should take him into custody for attempting to steal from the pockets of several ladies unknown, and for frequenting the station with intent to commit a felony—I took him to the station—it was about 8.25—he was searched in my presence—I found no ticket on him—I had seen him at the Liverpool Street station on October 4th between 4 and 5 o'clock, and had watched him cross the bridge and go on different platforms he did not go away by train—I asked for the addresses of the ladies, but they did not give them, not having lost anything.
Cross-examined by the Prisoner. I asked one lady if she had lost anything.
Re-examined. I could see that he did not get anything from the other ladies and that is the reason I did not ask them.
FREDERICK COOK (Sessions Warder, H.M. Prison, Brixton). I produce a certificate of the conviction of George Mitchell of felony on December 19th, 1892—the prisoner is the man—he was sentenced to three years' penal servitude at the North London Sessions—a previous conviction was proved when he was sentenced to three months at the Mansion House—both certificates are here.
The prisoner, in his defence on oath, said this was a prejudiced case, and that ten years' ago the same charge was made and the same evidence, given against him in the name of George Stubley, when he was acquitted, and that he was' innocent. (See Sessions Paper, Vol cxvi., p. 1319, Reg: v. George Stubbings.)
GUILTY . Sixteen other convictions were proved against him in various names. Twelve months hard labour.
MR. MUIR and MR. PERCIVAL CLARKE Prosecuted MR. ELLIOTT Defended
GEORGE HALL HALL . I am a solicitor, of 8, Warwick Court, Gray's Inn—this promissory note is marked by me as a solicitor, and this is the cheque referred to in the declaration produced, which was made before me as a commissioner
—Daniell brought it to me signed, and declared it in my presence. I am acquainted with her.
JAMES BELL CHARTERIS . I am a builder's clerk, of 17, Churchfield Mansions, Fulham—I have known King ten or eleven months as a solicitor's clerk—on June 25th he called at my house with this promissory note, dated June 17th, from 44, Upper Mall, Ravenscourt Park, S. W., for£20, and signed by Blanche Caroline Daniell, and Lord Haldon, of Clovelly, Hampton Wick—he asked me if I could advance him some money on it—I told him I had no money, but after his pointing out that the thing was good enough, and that I should get a small profit, I advanced him 30s.—he produced the declaration of Lord Haldon and said that Mrs. Daniell was a lady of repute, and that Lord Haldon was a member of the Carlton and Marlborough clubs—he said that Lord Haldon had been a bankrupt, but that the bankruptcy proceedings had been annulled, and that his mother was allowing him £1,200 a year, and that if he incurred debts beyond that his mother, after a little trouble, would meet them—he said he had been to a money lender, but his office was closed, because of the Coronation—I advanced him 30s. on his promising to give me £2 the following Saturday or forfeit the bill—he said he received it for discount purposes from Mr. Bartlett, his acquaintance, who was a round timber merchant and cricket bat manufacturer, who had received it and some cash, in settlement of a criminal action against Mrs. Daniell's husband—I gave the prisoner half-a-crown early in the morning and, as soon as I got a cheque, 7s. 6d. silver and a sovereign—he put my name and address on it in my presence before I advanced, the money—he called on the Friday for another £3 10s.—I told him I had not got it—he said he had given the 30s. to Bartlett and had got 5s. out of it—I found out afterwards that he had 15s.; Bartlett told me—on the Sunday he advised me to get jewellery or clothes—I saw Mr. Bone, whom I knew, of Putney, but he would not deal with it—I told King that—he told me that he would go to the Camera Watch Co., who advertise on the credit system, about it—I said I wanted my money—he said he would get a bill for £50 discounted by a Mr. Martin, a money lender of Sackville Street—I saw the bill—(A similar bill, signed and endorsed by Daniell and accepted, payable by Lord Haldon.)—I do not think it was endorsed when I saw it, but it was in King's hand—I have not got my money—I asked Mr. May, a money lender, to discount the bill—after keeping it three days he refused—I met King and told him the result—he said, "Of course it is not accepted at the bank, otherwise' he would have done it"—I asked him if he knew anybody who would do it—he said he would see—I asked him when he was going to take the bill up—he pointed out that it was of more benefit to keep it than to get it taken up for £2, and that he must benefit as well if I got £20—he said he would settle with Bartlett if I settled with him—on August 11th I saw Bartlett and again on August 13th, and about an hour or an hour and a half later I saw King—I told King I had just given Bartlett 25s. against the cheque drawn by the Land Development Co.—he said, "Oh, no doubt it will be all right"—I told him Bartlett was going to pay me the 10s. he owed me, and I was to hand him the balance when the cheque was cleared—the cheque was cashed at a baker's in the King's Road—(This cheque was headed, "The Phoenix Contract
Development Syndicate, Ltd., 15, Cheapside," drawn for £3 10s. on Lloyds Bank, Cheapside branch, on August 11th, 1900, payable to A. J. Bell or order, and signed by two directors and the secretary, and endorsed "A. J. Bell")—the following day Bartlett came with a Mr. Willis, known as Cheeky Willis, and I saw King at his house on the Saturday and told him of the interview and asked him what steps he would take—I said that Bartlett and Willis had demanded the balance, and that because I refused they abused and insulted me, when I had not done anything—the following day he called and asked my wife what I was going to do—I said he had better go to Sergeant Gough and ask his advice—King said he would go and arrange an appointment with Sergeant Gough at Putney Police Station to ask him to take steps to stop the annoyance—I told King that Willis had informed me that the promissory note was a forgery—King said, "Of course it is good, otherwise they would not try to get hold of it; I would not bring you anything that was wrong"—Bartlett and Willis had tried to get it, and I told King that Willis said if I would let him have the promissory note for half an hour it would bring me about £10"—King said, "Do not part with it, you will get your money all right, it will be settled by Lord Haldon"—that was on August 16th, the Saturday following my receipt of the cheque—the bill was due on August 20th, including the three days' grace—on August 17th I received this letter through the post without a stamp on it—(From Daniell, asking the witness not to present the bill, but to wire when he could see her,)—I replied on August 18th—I afterwards saw Lord Haldon's solicitors, and on August 22nd gent for King—I told him that Lord Haldon's solicitors denied the signature—he advised me to see Mrs. Daniell, and said he believed if Mrs. Daniell saw Lord Haldon he would meet it all right—I said, "I will go and see about it, and you had better wait till I see you again"—the following day a gentleman called, saying he came from Mr. Bartlett, and I told King that he had paid me this cheque for £12 10s. for the bill—(The note inclosed with the cheque and the cheque were signed "E. Thomas")—I know no person named "E. Thomas"—I told King that I had paid the cheque away, and that the fellow would not cash it till I had paid his account—he said he would see Bartlett about it and get me an open cheque or cash—I never got either—King said, "I suppose they have got somebody who has taken it up for them"—I concluded that he meant Daniell and Bartlett—King promised to meet me at Cambridge Circus, outside the Palace Theatre of Varieties, on Monday, August 25th, but did not—on August 24th I saw Mrs. Daniell at Ravenscourt Park—I saw King on Wednesday night, August 27th, when he called at my house and left about II p.m.—I told him that I had been to Daniell—I received a wire, "Gone to Holborn, nothing turned up"—I heard no more—I told King I should apply for a warrant for their arrest—King said, "Do not take out a warrant, but apply for criminal process, then you will get your money"—King is out of employment—I told him I would rather loss the money than not get some sort of satisfaction.
Cross-examined by King. You told me Bartlett had a factory at Saltash—I said that I knew Bartlett had lived at Putney—you advised me to go to a jeweller when you brought me the bill—you said you did not know Mrs.
Daniell—you did not endeavour to discount the bill—I took it to Fielders, but they said the matter was too small—you told me you were doing business with Mr. Truby—you told me on the Saturday that if Willis had anything to do with it it was wrong as he had uttered worthless cheques andhad suffered penal servitude, and had said that he was going to kill you—I showed Gough the cheque on the Saturday and gave him a description of Willis and Bartlett—he knew Bartlett—I have found money to make a book—I know the landlord of the Duke of Einburgh at Putney—I have borrowed money of him and cashed dozens of cheques with him—he did not cash a worthless one signed by Viscount Destri—a gentleman of the Drive, Putney, did not threaten me with criminal proceedings—you were always calling on me; I cannot specify dates—I had several appointments with you—I wrote letters to you—I had clothes from Westoby's about the end of August or the beginning of September—I was always at the King's Head about 8 o'clock—I have had furniture on hire twice—I was in arrear in payment through your going to my landlord—the furniture was removed once—it was all found except two articles—you signed a declaration of your own, at Collins' of Bridge Road—I did sign it—the furniture was only there three days—you pawned it at Bosh's on my instructions, I did not; you did all the talking—I had the money except what I paid you, 5s. or 6s.—I never knew myself otherwise than desperately hard up—I told you Lord Haldon had left word about the cheque a second time, and that it would b., put into the hands of the police, and I went to Hampton Wick and Waterloo—you asked me if I owed money, and I said that I said to the tradesman, "You will wait for your account, I will get the cheque stopped, it will be no good to you"—my wife answered the door, and I saw the stranger at the door about five or six minutes—I said, "Are you Mr. Thomas?"—he said, "No, I-am not Mr. Thomas; I have come from Mr. Bartlett"—I was too pleased to-get the £12 10s. cheque, I did not think about anything else—he said I had-no right to hold both the cheque and the bill—I had the cheque in my hand—he was to call in two hours for the bill and declaration—he did not come back—I first discovered that the bill was a forgery when I went to Lord Haldon on the 21st—on the 25th I had an appointment with you—four days afterwards I went to see Mrs. Daniell—I said, "I believe you know what I am come about, I am Mr. Charteris; I do not like being fooled about, I want my £20"—I had been waiting for you to get my money—I had the note with me; she said she would meet me—I said, "What is the good of doing that; I must have the money or I shall place the matter in the hands of the police"—I asked for the bill to be met—I demanded £20—the cheque for £3 10s. is not made payable to me—my name is Bell Charteris, not Bell.
GEORGE MAY . I am a money-lender, of 4, Cedar Road, Walham Green—Charteris brought me the bill of exchange for £20, with a declaration as to the signature, and asked me to discount it, which I declined to do after keeping it for a few days—I did not know King.
Cross-examined by King. I made inquiries about the bill, and in consequence of the report not being satisfactory I declined it.
Charteris is a customer of mine—on August 13th a little girl brought me a cheque for £310s., which was passed through my bank and was duly paid; and on August 23rd she brought me another cheque on Lloyds Bank, Temple branch, for £12 10s., payable to Mr. B. Charteris—I found there was no Lloyds Bank, Temple branch—I handed it over to the police, and Mr. Charteris was prosecuted in connection with that cheque and acquitted by the Magistrate upon his explanation being given.
Cross-examined, by King. I do not remember saying at the Police-Court that Charteris came to me and said that the cheque was stopped—he said the cheque was no good to me, and he would have it stopped.
SIDNEY ROBERT HURST . I am' secretary to the Phoenix Contract and Development Syndicate, Limited, 55 and 56, Chancery Lane, W.C.—the books of the company are kept' in the office, not in a safe—we bank at Lloyds Bank, Cheapside—I have our cheque-book here—the last cheque I drew from this book (Produced) was on May 16th, No. Aa 271081—after drawing that cheque I left the book in the office in attacked box—on getting my pass book from, the bank on October 14th, the day on which the cheque for £3 10s. was passed through, I discovered that some cheques were missing, that two of the cheques were in strange hard writings and I telephoned to the bank to stop every cheque—I then found there were five cheques missing from the cheque-book, Nos. 271082 to 271086-cheques are signed by two directors and countersigned by me—the prisoner had no authority whatever to sign cheques—this (Produced) is one, of the missing cheques—we have no director of the name of Willis or Williams—I did not sign it, neither do I know the writing—the signatures on the other cheques are all fictitious.
EDITH TROTT . I am the licensed holder of the Ladbroke Arms, Lad-brake broke on August 17th, in the evening, the prisoner came into the bar and tasked me to cash a cheque—I refused; and he then said he was a neighbour of mine and wanted some whisky, and then I cashed it—this is it—it is drawn by the Phoenix Syndicate—he said the signature on the back, Blanche Daniel, was his wife's—I gave him £4 13s.", deducting 7s. for the whisky—I sent the cheque to my bank, and it was returned to me marked "Payment stopped, signature not known"
Cross-examined by King: You, were dressed in a brown suit of clothes.
Cross-examined by King. You were dressed in a brown suit of clothes.
LORD HALDON. I live at Clovelly, Hampton Wick—the signatures "Haldon" on these bills are not mine, neither did I authorise anyone "to sign them—I have known Mrs. Daniell a great many years—he comes of a highly-respectable family.
Cross-examined. I should not suppose she would dream of handing a forged document to anybody.
EDWARD BARRETT (Detective Sergeant F.) I arrested King on a warrant on September 30th—he said, "I know the man who gave Charteris the cheque; the prosecutor and the other witnesses took me for a man named Willis, who has undergone terms of imprisonment for frauds by cheques"—I arrested Mrs. Daniell—she said, "Oh, that man King again '—at the station, in answer to the charge, she said, "I do not understand it"—on August 30th, at the Police Court, I showed King this letter (Produced) written by Mrs. Daniell from 44, Upper Mall, Ravenscourt Park: "Sir, Kindly do not present the bill, I am told you hold, to Lord Haldon until you see me. I have had no consideration for it. I can see you at my house on Tuesday"—I asked him who Mrs. Daniell was—he said she was an old client of his when he was a solicitor's managing clerk—I found other letters at King's house from Mrs. Daniell, one of which said that things were very serious.
Cross-examined by King. You did not say that I should see a deal of correspondence from Mrs. Daniell respecting a bill you had to negotiate for her—you said your wife would give me some papers—I know Willis, the man you described—I am sure he is not the man who cashed the cheque—he is stouter than you and about two and a half inches shorter.
Witnesses for the Defence.
MRS. KING. I am the prisoner King's wife—I was with him on August 17th in the evening—we left home at 7 p.m. and went for a walk, and he left me about 8.25 p.m. to go to Mr. Turner's house, returning home about 9.30 p.m.—on August 24th he went out in the morning, returning home at 1.30 p.m.—he said he had seen a man named Willis who wanted to make an appointment with him, and he said he should write to a detective about him—I told him to have nothing to do with him.
Cross-examined. We were never near Ladbroke Grove on the 17th.
----TURNER. King came to my house on August 17th between 7 and 8 p.m. to see a Mr. Toomey there on business—Mr. Toomey is ill at present in bed with pneumonia—he could not have been at Ladbroke Grove at 8.30 p.m. as he did not leave my house until 9.45 p.m.
Cross-examined. I fix the date because it was the only day that Mr. Toomey came to my house—I have been in monetary difficulties many times, but I have never had a charge made against me.
King, in his defence, said that he received the bill for £50 from Mrs. Daniell to discount in the ordinary way; that Mrs. Daniell was told that it could not be discounted until Lord Haldon's signature had been verified; that she said, "What's to be done?" and he told her that nothing could be done until Lord Haldon returned to town; that she then told him to take the bill and try to get her some money, and he put it in his box, where it was found, and he had never seen it since; that the cheques were cashed by a man named Willis, who wore a brown suit, and it was not likely that he would adopt the very same clothes as Willis; that he had never seen the cheques, and did not know the Ladbroke Arms; and that he was absolutely innocent of the charges.
GUILTY . (See next case.)
MR. MUIR Prosecuted.
Edith and Minnie Ethel Trott, Lord Haldon, and Sidney Hurst repeated their former evidence.
GUILTY —KING— Seven years' penal servitude DANIELL— Twelve months' hard Labour.
MR. MORTIMER Prosecuted; MR. PURCELL Defended.
ARTHUR KNOWLES . I live at 70. Robert Street, and am a school boy—on September 20th, about 6.30 p.m., I was opposite Albany Street Barracks, and the prisoner came up and asked me if I had ten minutes to spare—I said, "Yes," and he asked me if I would take a note to Mr. Higgs and take the answer to Mr. Hebblethwaite, which I did—Mr. Higgs called a police-man, and I gave a description of the man—this (Produced) is the envelope—on the 59th I went to Scotland Yard, where I identified the prisoner from eight or nine others.
Cross-examined. I said at the Police-Court that I had seen a man something like him before—what I meant was that the man who gave me the note was something like the prisoner.
Re-examined. I picked him out by his moustache, dark complexion and width between the shoulders—I have no doubt he is the man.
ALFRED HIGGS . I live at 94, Park Street, Camden Town—on September 20th the last witness brought me a note—this is the envelope—on opening it I found the note and cheque—the note is signed"J. Hebblethwaite"—he is my brother-in-law—the signature and endorsement are not his—I communicated with the police.
Cross-examined. The signature is not a bit like Hebblethwaite's.
JOHN PALFRY (Detective Sergeant.) On September 29th, about 11.45 a.m., I saw the prisoner in Queen Victoria Street, and told him I should arrest him on suspicion for forging and uttering a large number of cheques in various parts of the metropolis and obtaining money by false pretences—after a moment's hesitation he said, "Very well"—he was taken to Cannon Row and placed with eight others and identified by two lads—he was then taken to Albany Street Police Station and charged—he said nothing in reply to the charge—he was searched, and on him were found a number of pawn tickets and a County Court summons.
Cross-examined. He said nothing in answer to this particular charge.
The prisoner, in his defence on oath, said that on the day in question he was at home, and did not go near Albany Street Barracks.
NOT GUILTY .
MR. COOPER Prosecuted.
GUILTY — Eighteen months' hard labour.
OLD COURT.—Thursday, October 23rd, 1902.
Before Mr. Justice Jelf.
MR. MUIR and MR. BIRON Prosecuted MR. PERCIVAL HUGHES Defended.
ELLEN ANDREWS . I live at 40. Waterford Road, Fulham, and occupied two rooms with the prisoner—I have lived with him as his wife for ten years—he was the father of the child Marjory, who was five years old—he was in the 14th Surrey Militia, and went out to South Africa on April 26th, 1900. and returned in July this year—I heard of his coming on a Sunday, and he came to see the child and lived with me, he never went away—he got work at a boot shop—on September 1st I went to Worthing with my sister; we took the little girl Maggie with us, and remained there till the prisoner joined us on September 8th Monday—while I was there, and before he came, I wrote this letter to him in answer to a letter from him—(This stated that Maggie was enjoying herself, and asked him to send her some money as she had not paid the rent yet.)—he came down on the Monday, when I was out—I saw him when I came back—he seemed rather excited, as if he had been drinking—he said, "Oh, there you are"—I asked him a question, and he said something about a sailor, and that he would tell me all about it—he did not mention any name—he did not at that time ask me anything about the sailor and me—we went into our own room, and after that he said, "If you will tell me all about it I will forgive you"—he said that what I was to tell him about was that I had been intimate with the sailor for two years—that is what he suggested to me; he asked me if it was true, and said he would forgive me if I would tell him all about it—I said that it was not true—he said, "It is true," and that I had drank with him—I said I had not, in the way that he suggested—I told him that on Monday night, and he seemed satisfied—nothing more was said about the sailor on that night, but on the next night he went to a public-house before we went for a walk, and I said, "I have a good mind to telegraph up to London to the police-station"—that was because he had shown me a razor on Monday night when there was a conversation about the sailor; he opened it and flourished it, as he always did—something of that kind had occurred before, but not before he went to South Africa, it was between the time of his return and this time—it was an Army razor—that was because of what he had been told on the Sunday previous, September 7th—the reason was that he had been told the day before about the sailor—when he flourished the razor on Monday
evening he did not say he would do anything, but it Jed me to infer that he had it, and said that what he had been told was true—after he came home from South Africa, and before I went to Worthing, he came home and said he did not believe I was happy with him, and said, "If I believed you would leave me I would have your life," and he went into the kitchen and brought back a knife—when I said that I had a good mind to telegraph to town he pulled a brush out of his pocket and said, "You are not half enough"—he came out of the public house, he having kept me some time waiting, and afterwards we went on the beach—he asked me on the Sunday if it was true about the sailor and what I knew about him, and I told him—I slept with the prisoner on the Tuesday night—I knew he was going up to London the next morning—I walked with him at Worthing; he had no money; he said he must take my ring, and he did so—on the way back he asked what I meant to do—I said that if I had work I meant to keep the house on and stop at home and mind the child—that was all the conversation on the Tuesday—we then went home and had tea and sat indoors till bed time—he asked me if I liked the sailor—I said "Yes"—he said, "Better than me?"—I said, "Not if you had been all right"—he asked me if I meant to leave him and live with the sailor—I said "No," and he went off and said, "I am done"; then he jumped up and said, "What are you doing?" Don't be frightened, I shall never hurt you"—he also said, "I believed you"—I saw a razor before he got into bed again—all that was said about the sailor on the Tuesday night, was before I went to sleep—he returned to town at 10 o'clock on the Wednesday morning—he said, "I shall take Maggie with me"—I said,."No, it is too early"—I did not want him to take her, I wanted her to stay with me—he said, "What! can't a father take his own child?" and I let her go with him—I went and saw him off at the station, and parted with him on friendly terms; we kissed and said good-bye—I and my sister went up to town by a later train, and on the way we passed the Palmerston public-house, Fulham, and I saw the prisoner there with Mrs. Nye and Frewin—I went in and spoke to him, and Mrs. Nye said something, and he turned round and said something, and about that time a constable came in and arrested him.
Cross-examined. He was passionately fond of the child—before ho went to South Africa he was very fond of her—he paid her very great attention—when he was in South Africa he wrote affectionate letters to me and I wrote back—I could understand them, but they were strange letters; there was no reason for them—when he came back we resumed cohabitation—I knew a man before him, but he died four years ago—I had been parted from him fourteen years, not by a law suit, but I would not live with him; I went away from him—I had four children by him—after that I lived with another man before the prisoner—the prisoner is not a man who looks on the dark side of things; any night I have seen him dancing from one public-house to another; he was very bright, and not likely to look on the dark side of things before he went to South Africa; when he came back he was not fond of work, but he had been doing some work; he had only been home two months—I was to stay at home and not to do any work—I mentioned at the inquest that on the day he came to Worthing he went into a public-house
and had some drink—I do not know whether I said that before the Magistrate—when he came to Worthing on the Monday he did not sleep very well, I believe he laid awake when I was asleep; he told me he had not any sleep—I don't think he said that he had pains in his head, but he had in his body and limbs—when he had the razor in his hand he said, "I can never trust you again; I have found another way of breaking your heart so that you shall never hold up your head again"—he jumped out of bed, and I jumped out too—that was not the night he had the razor in his hand, but on Monday night—I did not make that statement at the inquest, I was not asked the question—the inquest was on Saturday the 13th—the matter had been talked over—I had not seen Mrs. Helmes or any of the witnesses—I went home with Mrs. Nye after the inquest, and no one else—we went to my home, and we met at the Magistrate's court—I said before the Magistrate that when I was discussing the question with him about the sailor, I said, "No, it never came to that," and he said. "I should be satisfied when I saw you with your throat cut"—that was on Tuesday night—I was not afraid, but I did not like him to say it—we parted fairly well—he said he had made up his mind to take the child when he got up in the morning—I knew that certain statements had been made about the sailor, and I told him they were not true, that I had been familiar with him, but that there had been nothing improper between us—I told him that I did like the sailor, but not better than him if he had been all right—I said that it was a friendly arrangement and the matter was over, and he believed me—we had made it up—that was the impression on my mind when he kissed me and parted on friendly terms—he told me not to be late, and made me promise that I would come straight indoors—he asked me what time, and I said about six—he was greatly excited when he went out on the Tuesday night—that was not the night when he had his hand in his pocket with the razor, but the next night—he did not have the razor that night—at the time he went away he never made any threat against the child, he was passionately fond of her; it was, I believe, the one thing he thought about—he wrote to say that he was in hospital run down in health—he made no other allusion to his health.
Re-examined by MR. BIRON. I recollect the officer taking a statement from me on September 10th—I told him as near as I could all that occurred at Worthing—he read it over to me to see that he had got it down correctly, and I signed it—when I said that he wrote me strange letters from South Africa, and there was no reason for them, I mean that there was no reason for what he said in the letters—he said what he would do—I thought the razor was a black one.
By the COURT. The letters from South Africa suggested things which had not happened—there was nothing to make me suspect that he was off his head—there was no child by the man who lived with me between Andrews and the prisoner.
ELIZABETH ANNIE HELMES . I am married, and live at 40. Waterford Road, Fulham—the prisoner and Mrs. Andrews lodged in my two top rooms and Mr. and Mrs. Clark on the middle floor—Mr. Park is my brother-in-law—I lived downstairs—I remember Mrs. Andrews and Maggie going
to Worthing; my husband went with them to the station—the prisoner stopped at home—he followed them on Monday—he kept calling her bad names on the Sunday night, and said he was going down to see about the sea-faring man—he did not say that to me, but my husband told me—he came home on Wednesday the 10th, and went out and came back at five minutes to two, and I found him sitting on the stairs with Maggie—he said she had owned to her goings on with the sea-faring man, and he had forgiven her—I gave him a letter which had come while he was away—he said that he would sooner see Maggie in her grave than be brought up as her mother was—he did not say in what way she was not to be brought up like the mother—he was sober as far as I could see, he might have had a little to drink; his appearance was the same as usual—I went upstairs between 3 and 3.30 and heard him come two flights of stairs to the middle of the house, as far as Clark's door—I was in the basement—I went back to the top of the house and heard no more till he came down about 2.30 and heard him talking about Mrs. Andrews—Maggie went to play with my little girl Florrie—I cannot say whether that was before or after he came down and went back—I said that he came down and went out, but only what I heard, because there was no oilcloth—he did not come down to the basement, but I heard him ask my sister-in-law a question—I went and heard him talking to Mrs. Andrews, and heard the words, "Don't look on the dark side of things," and I heard him burst out crying and say, "My heart is broken"—I went up, and Mrs. Clark asked him where Maggie was—he said, "She is at play"—he then went out—that was about 2.20—I continued doing my work in the house till my husband came home about 6.30—in the meantime I had heard nothing-of Maggie—I then sent my little girl to Mrs. Williams' room; she came down and I went up and found the bedroom door was locked and the key gone—I got another key and opened the door, and saw Maggie lying dead on the bed—I could not see whether she was undressed, for the clothes were up to her chin, and the doll at her side on the pillow—I left her just as she was I never touched her.
Cross-examined. We all came home together from the first inquest, but not Mrs. Andrews, she came back with the inspector—I was not called at that inquest, but it was adjourned from Saturday to Monday—when I came home at two o'clock Mrs. Clark was in the house on the day the prisoner came back from Worthing—the conversation I had with him was general conversation; Mrs. Clark could hear all that was said—it was on the stairs that he said he would not hurt her, but would break her heart in another way—the prisoner had a little money from the War Office—as far as I know he is a quiet respectable man—no father could be fonder of his child than he was; she was the one thing in the world that he was most devoted to—he had been living at our house for two months—he was at home during the week Mrs. Andrews was away; he was very poorly, and I don't think he ate anything except a little Bovril—he complained of pains in his head, and also in his legs—he looked very ill—he was not very melancholy, but queer and poorly—when he came back he said he had quite forgiven her, and that he looked on the dark side of things—
he took the child away in the morning and fetched her at night from some place where she was minded—this was said after he came downstairs—when he said he had forgiven her, I think he said he would rather see Maggie in her grave than grow up and sleep in a bed with another man—they all three had to sleep together—when I saw the child the bedclothes were up to her neck; her boots were on the table by the bed, and there was a long knife there—he had a photograph framed of the child, and that was in his possession when he came downstairs—(An unframed photograph was here—produced.)—I know this.
Re-examined. On the occasion when he seemed poorly I also noticed that he looked tired and sad—he complained of feeling bad—I used the expression "queer," I mean queer in health, not in mind—it did not strike me that he was not in his senses—it never struck me that there was anything wrong or melancholy about him, he always seemed very nice and vary polite to everybody.
ELLEN CLARK . I am the wife of David Clark—we lived at this—address with the prisoner—about two o'clock on the day he came back from Worthing I saw him on the stairs with Maggie—Mrs. Helmes was there—I heard the prisoner say he would not have the little girl brought up as her mother was, speaking of Mrs. Andrews—he went upstairs with the little girl and came down and I helped to lend him 3d—he went out with a bandage on his arm—he said that the child was asleep—I noticed nothing in his manner, he seemed quite calm.
Cross-examined. I have been examined three times—I did not think to say he said that he would break her heart in another way—it was a very important matter to remember—I do not remember his saying, "I have never been violent to you"—I heard him say that she had acknowledged her guilt, and he would not allow Maggie to sleep in bed with another man—that was when he was on the stairs—I remember that statement particularly to-day because Mrs. Andrews had spoken about it outside the Court—on the first time she told me that, Mrs. Helmes was not there—Mrs. Helmes said something to me, and then it came into my mind—that was last Monday—she was not telling me what had been said at Worthing, but it was all in my presence too—no one has suggested it to me or told me not to forget it—I saw Mrs. Andrews on the night of the murder and again on the day of the inquest—I did not see her on the Sunday, I saw her on the Monday at the Coroner's Court—it was last Monday that she mentioned that expression to me.
By the COURT. When Mrs. Andrews spoke to me about that expression it was about something the prisoner said to her in my absence—she said that he said, "I will break her heart in another way"—I had forgotten that—Mrs. Williams said that he said something like that at Worthing—she was talking about getting out of bed, and there was no light, and then it came into my mind that she had said the same thing to me.
GEORGE TREWIN COHEN . I am a bootmaker of 79, Waterford Road—the prisoner has worked for me—on Wednesday, September 10th, he came to me about 3 p.m.—he had a banjo with him, and asked me to lend him 2s. on it—I lent him 3s.—I thought he wanted it for drink—
there were no signs of drink about him—on the Monday before the murder he had told me he was going to Worthing as he heard that Mrs. Andrews had gone down there to meet a sailor, and he went down to find out whether it was true, and that she had told him in her nightdress that it was true, and asked him if it was all served on him—that means, "all right"—he said, "Yes," and that she told him in her nightdress that she loved this other man—he said, "Do you think I can let my little Maggie call another man Daddy?" and he threw up his arms and said,' It would drive me stark raving mad"—he said nothing more, he went out after that—that was at 3.15—he came back about half an hour afterwards and wanted another shilling—I gave him sixpence—he asked me for eightpence, as he wanted something to eat—he said, "Give me a piece of paper, the tools are yours, and he wrote on a piece of paper,"Take care of my tools. Henry Williams"—he did not tell me why he did not want them himself—I afterwards went to a public-house with him—he went away after he got the eightpence, and a lad cams and told me that he had murdered the child—I went and looked for him, and found him at Mrs. Nye's, and he and I and Mrs. Nye went to the Lord Palmerston together—he said, "Never mind, I will meet it like a man"—he said he would make a cigarette—I said, "You won't have time, have one of mine"—he said nothing to me about the murder, but Mrs. Andrews came in crying, and he asked her what was the matter—she threw up her arms and said, "Is Maggie dead?"—the prisoner said, "Yes, Maggie is dead; now go to your b—fancy man"—a constable then came and took him in custody.
Cross-examined. I have known the prisoner three years—I knew him before he went to South Africa—when he was away from work he was always with the child—he worshipped it—when he came back from South Africa he came to see me, and spoke about the awful sights he had seen—he said that it was enought to turn a man's head—he did not tell me anything about his having an illness out there, but I heard it from Mrs. Andrews—just after he came back he came to see me, and said that if the woman would not give up the life she was leading he had better have stopped at the front and done better—he said, "Do you think I ought to let her sleep in another man's bed and call another man Daddy, it would drive me raying mad?"—this is not the photo he handed to me, it is another one—he said, "George, hang it on your wall, and when you look at it you will think of me. I had it at the front, and I kissed it every night before going to sleep and prayed for her"—he wanted some of the money for drink the second time he came—between the first and the second time he came he appeared to have had drink.
SOPHIA HAROLD . I am the wife of Wm. Harold, of 14, Waterford Road—I knew the prisoner before he went to South Africa—on September 10th, about 3.30 p.m., he came to my house and wanted to speak to me at the door—I asked him in—he came in and said that he was in great trouble, and came to say good-bye to me—he said that he was a great sufferer, and was very much upset, and was a broken-hearted man, and that he could not let his child go away; that she said she must take the child and he could not let her have it—he might have been three-quarters of
an hour in my house talking about the child, and I said, "Harry, tell me where Maggie is?" he said, "She is all right, would you like to see Maggie?—I said "Where is she?"—he said, "She is with the landlady would you like to see her?"—and he cried bitterly so much that he could not speak, he was so broken-hearted—I had known Mrs. Andrews, she had lodged with me nearly two years—I have seen her with another man—he said that she had written out to him, and said that I knew enough about him—not about the sailor—I have heard him say something about his broken heart because she would take the child herself—he said, "I was so broken hearted last night that"—using a bad word, and that he had told her at Worthing that he was so broken-hearted, that he would not hurt her but would punish her in another way.
Cross-examined. He was very fond of the child, he said that it was all his ambition to get home to the child when he was away—I never heard him say anything about branding her—he seemed excited but he was very quiet, it was a manner that was strange to me—a letter was written to my husband, but it has got lost—I did not read it, but it was read to me—I remember the expression in it—"I expect they are doing their best to give me a bad name; I am sure it will break my heart to see the child when I come home not a button to her little socks, and pins in her under-clothing."
By the COURT. When he came home from South Africa he was struck to find the child with holes in her stockings and the buttons off her under-clothing—he said, "Thank God, I shall soon be in my grave with my child. God forgive them, I long for the time to come to go to my grave, she will be in heaven and I long to go with her."
Re-examined. He seemed excited on September 10th, and he was very pale but quiet—I do not think he had been drinking—it was about 3.45.
ANNIE NYE . I am the wife of Henry Nye, of Kings Road, Fulham—I have known the prisoner since his return from South Africa—on Wednesday, September 10th, he called at our house at a little before 6 p.m.—he asked me if I would go to the Lord Palmerston public-house—I said, "No, thanks"—he said that he had something to say, and I went with him—he was very quiet and nice in his manner, and quite different in his dress from what I had seen him before—his manner and demeanour were the same—I went with him to the Lord Palmerston and said, "Have you seen Maggie?—he said, "Yes, I have closed her eyes and her mouth"—he said that he was waiting for Mrs. Andrews to come home, she promised to be home at six—he said nothing more in the Palmerston, but he asked me if I should like to see the child—I said, "Yes," but I went home first—in the Palmerston he pulled something from his pocket which looked like a knife, and said that that was what he done it with—he went home with me and said he kissed it, and she took it back again and said, "She is in heaven, God bless her"—he was going up to see the child, but a knock came at the door and Mr. Frewin came—he went back to the Palmerston with Frewin, and I followed and a policeman came and took him into custody—he never gave me any reason for having killed the child.
Cross-examined. When he went to the Palmerston he said, "What is the matter with you, are you afraid of me?"—I said, "No"—there was nothing in his manner, but on the Sunday evening he was a little excited—he was perfectly sober—that was just before 6 o'clock—he was arrested soon after that—I agree with the other witnesses that he was very passionately fond of the child.
LEWIS HARRISON (33 P.) On September 10th, a little before 7 o'clock, I was called to 40, Waterford Road—I went up to the first floor with Clark, who opened the door with a key, and I saw the child lying on the bed on her back on the left side of the bed—these two letters and a photograph (Produced) were on the child—I kept them—I sent for a doctor and then went and found the prisoner in the Palmerston—I asked him if his name was Williams—he said, "Yes, I know what you want me for, for killing my little girl. I did it, God bless her; I will hang like a man for it"—going to the station he said, "I am glad she is dead, she cannot be brought up as a prostitute now"—I heard what he said when charged at the station—it was taken down—I was in charge in the cell for some time—he said, "I wanted to tell you something; I laid her on the bed and said, "We will have a game. I put a handerchief over her eyes and cut her throat with a razor"—he handed me a razor at the station, and said, "This is what I did it with; I did it because her mother is nothing more than a prostitute."
Cross-examined. I found a photo frame turned upside down, from which the photo had been taken—it would take the larger photograph of the child—there were two letters and a photograph on the child and a soldier's tunic at the feet—the door was at the right side of the child's head—the child is sitting up in bed in one of the photographs.
Re-examined. Some scraps of paper were found on the prisoner, one is signed, "Nell," with the Worthing post-mark—there were two addresses, but I did not examine them—they were found on the prisoner.
WALTER DEW (Detective Inspector C.) On September 10th, at 3.25, I went into the charge-room at Fulham station and saw the prisoner—he said, "You don't know me, do you? I have killed my beautiful little girl to save her from prostitution."—I told him I was a police officer, and he would be charged with wilfully murdering his daughter Margaret by cutting her throat with a razor at 40, Waterford Road—I cautioned him in the usual manner—he then said, "I know you put it down in writing. I did kill my lovely daughter to save her from becoming a prostitute. It is not many men who would have had the heart to do it, but I bleeding well did it, and now I shall hang for it. I did it to save my old woman from putting her in bed with other men. God blind me, she was my child, and I loved her, and I will walk like a man to the scaffold. I loved every hair of her head. Is my old woman outside?"—he afterwards pointed to the pieces of paper, and said, "I found them in my wife's possession, and that is what all the disturbance was about"—those two pieces of paper were the addresses of Mr. Honeyman and Mr. George—when the charge was read he said, "Wait a minute, you want to scratch "Annie 'out"—the child was described on the charge sheet as "Margaret Annie"—he seemed
perfectly rational in his manner, but recovering from the effects of drink—I have made inquiries about Mr. Honeyman and Mr. George, one is a very old man, a groom—I do not know whose writing the papers are in.
Cross-examined. As far as my inquiries went it was a mistake on his part—he was anxious to talk, and I warned him—I have made inquiries, and find that some years ago he had a sister in an Asylum, for melancholia, one or two, one for two months in 1873, and one for four months in 1873—I understand she was confined about twelve years ago, she is now married and gone to South Africa—I have seen the prisoner's mother, she is seventy-three years of age—she told me that her younger daughter, was "put away" on account of the brutal treatment of her husband, and he was in prison for it—I understand that Mrs. Barr, the sister, was in Bethnal Green Asylum four months; she tells me she has no recollection of being there—the prisoner tells me that his age is thirty-one.
DANIEL FOXTON WHITHILL . I am a registered medical practitioner—on September 10th I was called to see the deceased—there was a wound in her throat which had caused her death—it was then seven o'clock, and I believe death had occurred about four hours previously.
Cross-examined. Considerable force must have been used—there are different forms of insanity—(MR. JUSTICE JELF stated that only one kind of insanity was recognised by law and that the question must be what was the prisoner's state of mind at that particular moment.)—it depends upon circumstances whether there was an uncontrollable impulse; it would be fair to say that lowness of; spirits would indicate a state of mind liable to the commission of such an act; I think it is quite possible that want; of appetite, and loss of sleep might be premonitory signs of an uncontrollable impulse.
By the COURT. I think if he was a good man, his life might have been made miserable; it would depend a good deal on the character of the man.
By MR. HUGHES. I think mental anxiety would tend to increase it and bring about a crisis—I agree with "Taylor's Medical Jurisprudence," page 164, that homicidal mania is partial insanity, and cannot be controlled by the patient; that the feeling of the patient is to destroy persons to whom he is most dearly attached," but—nothing—is seen by outsider observers of what is going on in the mind—a person may be a lunatic, or of diseased mind, and still be able to reason logically about the crime he has committed, but I should not say to discuss the crime—it may occur frequently that the victim is a person very much beloved, but I cannot speak from actual experience—the forms of insanity which an outsider would not notice coming on would be evident sooner or later—depression of spirits would be known to persons living in the house—there are cases in which there are no premonitory symptoms, and they are unreflective and uncontrollable—the impulse is so strong that though a person knows it to be wrong he cannot control it.
By the COURT. There are cases where a person knows the difference between right and wrong but has no power, from mental defect—you get at the fact whether it is mental defect, by delusions.
By MR. HUGHES A rational man tries to escape, but a maniac does
not hesitate to explain' that he has committed the act—this is a fair statement, "An act of violence is committed without warning and he confesses it, and surrenders himself to justice."—I have heard that the war in South Africa affected the minds of many men, but I do not know whether, that was from fever or privation.
Re-examined. Loss of appetite and uncontrollable impulse, are symptoms of the early stage of melancholia—what is called "uncontrollable impulse" is often melancholia—there are symptoms by which you can recognise melancholia—all the symptoms described follow a bout of excessive drinking—it is a fact that homicidal impulses very seldom exist without some insanity, I have never known a case where it was not so—the mere failure to find the delusion does not prove that delusion does not exist—they are all cases of mental disease—I have not found a case myself in which I have not found mental delusion—the cases I have come across have been accompanied by delusions—there may be a sudden attack of phrensy or rage—I think there may be exaggerations of a fit of uncontrollable temper.
WILLIAM HALLE . I am acting divisional surgeon of police—on September 10th, I went from the house to the station and saw the prisoner in the charge room—he had been drinking, but I cannot say that he was absolutely under the influence of alcohol, he spoke rationally and walked straight—I asked him a few questions with a view to ascertain the state of his mind and alcoholic condition, and he appeared natural in every respect.
Cross-examined. That was at the police-station immediately after he had been arrested—he—was sufficiently sober that I could not certify him to be under the influence of alcohol, but he smelt of drink—we know that he had been to a public-house and had some drink.
The prisoner's statement before the Magistrate."When 'Mrs. Andrews came home, not long ago, in the witness box I said I would break her heart and brand her, so that she should never lift her head-up again. I have no witnesses I do not say I am not willing to meet my fate; what I want is to meet my little girl who is gone before me. I do not wish to brand her. It is my wish to have a fair trial."
GUILTY. Recommended to mercy by the Jury, "on account of the some what honourable motive he had of saving the little girl from a life of prostitution "
THIRD COURT Thursday, October 23rd 1902.
Before Mr. Common Serjeant.
MR. DRAKE Prosecuted;MR. RANDOLPH Defended
HERBERT HALLAM CAMP . I am and was last December a salesman of the Dunlop Pneumatic Tyre Company—on December 20th, 1901, the prisoner came to our premises, 160, Clerkenwell Road—this receipt, dated December 20, 1901, is written by Mr. Terry—the prisoner asked for two pairs of tyres—I said, "Who for?"—he replied, "For the Merlin
Cycle Company, Highgate"—I said, "I do not know you; have you a trade card or an order?"—he replied, "No, but no doubt this is good enough for you," and produced from his pocket a written form of contract signed and accepted by the East London Rubber Company—on the strength of those representations I supplied the two pairs of tyres—they are kept in our stores department—I sent for them—by my assistance a bill for £4 7s. 8d. was made out and handed to the prisoner—he tendered this cheque dated December 20th, on the London and County Bank, payable to and endorsed by Hodson for £5 7s. 6d.—I took it, as I considered it valid—the tyres and the change, 19s. 10d., were handed to the prisoner—the cheque was tendered to the bank, and returned on December 28th, marked "No account"—I communicated with Sergeant Palfrey—a few weeks back I identified the prisoner at Gray's Inn Road Police Station.
Cross-examined. He was not in working clothes—he was in the place five to ten minutes—I was talking to him about five minutes—we were not very busy—I had not seen him before—I did not see him again until September 2nd—I said at the police-court that he wore a dark jacket and vest, and had a sallow complexion and a drooping moustache—I identified him from six or eight men—he was dressed in working clothes—the others were a mixed lot, and mostly in working clothes—the"J.S.W." on the receipt is the price mark.
SIDNEY JOHN TERRY . I was employed by the Dunlop Company in December"—I wrote this entry in this book at Camp's dictation when we served the customer—I handed a duplicate of the entry to the prisoner.
Cross-examined. Camp and I were standing together—I heard the order and copied it down—we were not busy—it was in the afternoon—I tried to identify the prisoner.
GEORGE CHARLES SILCOCK . I live at the Star and Garter, Putney—I assist my father at the Victoria Hotel, Surbiton, in July last year—I lost my father's cheque-book on the Putney Branch of the London and County Bank about June 5th last year—the cheque's produced have been taken from it—this one is not in my father's writing.
ALBERT JOHN BUCK . I am a cashier at the London and County Bank, Putney Branch—these two cheques are' from a book issued to Mr. Silcock, who was a customer in December last—the signature, "J. Hodson," is not Mr. Silcock's writing—this cheque was presented and returned marked "No account"—the writing of the signatures and endorsements is the same in both cheques, but not all the form.
EDWARD ARTHUR WEBBER . I was a salesman of the East London Rubber Company, 211, High Street, Shoreditch, in December—I have seen the prisoner in the shop prior to December 9th once or twice, when he tendered this cheque for a pair of tyres and a pair of handle bars—Hodson was the name I had before from him—he said he came from the New Merlin Cycle Company—I supplied him with the goods—the cheque was paid to the bank and dishonoured.
Cross-examined. I knew him as Hodson when he came—I can swear to seeing him twice before December 9th; once six weeks before—he was in the shop about ten minutes—I identified him from about five men at
Clerkenwell Police Station—he was in his working clothes both times—I saw no clean-shaven sailor—one man was a Hebrew—I did not trouble to take stock of the other men.
PHILLIP GREVILLE . I am the proprietor of the Merlin Cycle Agency, of 77, Archway Road, Highgate—I first saw the prisoner at the Clerkenwell Police Court—I never employed him to order goods—he never brought me goods from the Dunlop Tyre Company—he was never in my employ.
HARRY PURKISS (Police Officer). Detective—Wildy and I arrested the prisoner on September 2nd at Newington Butts—I said to him, "We are police officers, and arrest you as answering the description of a man Jason Hodson, who is wanted for a cheque fraud on the London and County Bank some months ago"—he replied, "I am Herbert Brooks; you have made a mistake; I have lived for about eight years at 43, Cavour Street; I know nothing about it, I cannot write well enough"—we conveyed him to Gray's Inn Road Police Station, where Camp identified him—when charged he replied, "I know nothing about it."
Cross-examined. I got a description of him from Palfrey.
JOHN PALFREY (Police Sergeant 85 City). I made inquiries in this case from an intimation from Camp eight or nine days after Christmas—at the Gray's Inn Road Police Station, after Camp had identified him, I spoke to him—he was also identified at the Clerkenwell Police station by Webber, of the Rubber Company—I told the prisoner I should charge him with forging and uttering a cheque on the London and County Bank, Putney Branch, to the representative of the Dunlop Company, and with obtaining goods and money from him by means of that cheque—he gave the name of Herbert Brooks—it is not his name—he is an engineer and cycle maker and fitter.
Cross-examined. Pleace is the name he is known by at the house where he lives—he gave a correct address—he refused to give other information—the landlady said that Mr. and Mrs. Pleace lived there—I had Camp's book when I made inquiries—I was anxious to get a specimen of his writing.
The prisoner, in his defence on oath, said that his name was Herbert Pleace; that he was an automatic machine maker and was working at Vernier's in December; that he was known as Brooks, but never as Hodson; and that he knew nothing about the cheques. He received a good character.
NOT GUILTY .
NOT GUILTY .
MR. MACKAY Prosecuted.
JOHN AUBREY MORDECAI . I am a builder, of 7, Bruce Villas, Mount Pleasant Road, Tottenham—on August 30th I was playing at billiards at the Bell and Hare public-house. Tottenham, and laid my coat on a side
table—in it was a pocket-book containing this cheque for £30, drawn on the London and South-Western Bank, Wimbledon branch, payable to order and crossed—I did not write this endorsement on it, "J. A. Mordecai Levy"—it was made out to "J. A. Mordecai, Esq."—when I had finished playing I missed the pocket-book which contained the cheque—I gave information to the police and to my friends, and wrote the next day to the bank and to the drawer of the cheque.
ALLAN WALMSLEY . I am a cashier at the Wimbledon branch of the London and South Western Bank—the prisoner, Prior, presented this cheque on Monday, September 1st, between 11 and 12 a.m.—I had been warned about 10 a.m. that it had been stopped—another man came with Prior but no further than the porch—I noticed that the endorsement was not Mr. Mordecai's writing—I asked Prior whether he was sent specially from Mr. Mordecai to present the cheque—he said, "Yes"—I told him the cheque was all right, but before paying it to him I must refer it to the manager—he was out and I sent for him, but could not find him—I sent a messenger from the Bank to the police-station to enquire what could be done—he returned with a detective officer and a police officer—I took Prior into the manager's room and handed him over to the detective.
JAMES FINDLAY (25 V.) I am stationed at Wimbledon—on Monday, September 1st, in consequence of inquiries, I went to the London and South Western Bank with another officer—outside I saw Carey standing on the footpath—I said, "Excuse me, what are you doing here?"—he said, "Nothing"—I asked him his name and where he lived—he said, "William Carey, 14, Glyn Road, Wimbledon"—I took steps to have him watched, and went into the bank and found Prior detained by Williamson, who said to Prior, who stood in the passage, "Who wrote this on the back of the cheque?" and I said to Prior, "Was his name Carey"—Prior said "Yes"—I at once left the bank and went to the Alexandra public-house, Hill Road, Wimbledon, about 50 yards from the bank, and found Carey in the public bar—I took him back to the bank—the (detective asked Prior whether that was the man who wrote the endorsement on the back of the cheque—Prior said, "Yes"—Carey said something about "He does not know what he is talking about"—I took them to the police-station—they were afterwards handed over to Detective Dixon.
ROBERT WILLIAMSON (Detective Officer V.) I went to the South Western Bank before the last witness—I met him in the Hill Road—in consequence of what he told me and of his handing me a cheque I went again and saw Prior detained—I showed him the cheque and asked him where he got it from—he replied, "It was given to me by a man named Carey—Carey was standing outside, but was brought in—I said, "Whose writing is that on the back?"—he replied, "Carey's"—I said to Carey, "Is this the man you know?"—Prior said, "Yes, that is the man Carey, he gave me the cheque and signed it"—I told them they would have to go to the police-station for inquiries, in consequence of a letter that came, as the cheque was stolen—Prior replied, "I did not know that, but Carey gave it to me and asked me to go with him to get it, and he signed it"—Carey said, "Yes, but how do you know I signed it"—they were handed over
to Dixon—on being searched the return halves of two railway tickets were found on them, Nos, 3739 and 3740, Wimbledon to Waterloo.
Cross-examined by Carey. Nothing was said about finding the cheque—Prior would not answer as to who signed the cheque at first.
CHARLES DIXON (Detective N.) I saw the prisoners in custody at Wimbledon police-station on September 1st—a statement was 'made by Findlay—they made no reply—on the way to Tottenham police-station Carey said, "I found the cheque outside the Bell and Hare on Saturday night last; I know nothing about the coat, the cigarette case, nor the other things"—when charged they made no reply.
Carey's statement before the Magistrate. "On Saturday, August 30th, I was going into the Bell and Hare public-house about 10.45 p.m. with the prisoner Prior; going in at the door I saw a piece of paper on the ground. I picked it up and looked at it and showed it to Prior. Prior said, 'I will keep this, there will be a reward out for it.' I saw him again on Sunday night. He had the cheque with him, a name had been written on the back, he said, 'Come up with me to-morrow to Wimbledon and we will change it.' That is how I was arrested." Carey in his defence repeated this statement.
CAREY then PLEADED GUILTY to a conviction of felony at Enfield on March 12th, 1894; and another conviction was proved against him. Two months' hard labour. PRIOR to enter into recognisances.
NOT GUILTY .
NOT GUILTY .
NEW COURT, Friday, October 24th; and
FOURTH COURT, Monday and Tuesday, October 27th and 28th, 1902.
Before Mr. Common Serjeant.
MR. ARNOLD Prosecuted; MR. RANDOLPH Defended Vecchione; and the evidence was interpreted.
CHARLES TARR . I am a window cleaner of 22, Penton Street, Pentonville—at 12.5 a.m. on Sunday, October 5th, I was standing outside the Eagle public house, Farringdon Road, with my wife, my brother William Tarr, Mr. and Mrs. Phillips, and a man named Gray—we were saying good night to each other—I saw Jeveno, and I think I saw Vecchione, but I am not positive about him—there was a man there very like him—there were several Italians there, and they crossed the road towards us,
and one of the men, who is not under arrest, accosted the females—we told him to get away, and he used insulting language in very broken English, but you could understand what it was—he pulled out a knife when we told him to go away—me and my brother tried to take it from him as he became very threatening with it—while we were struggling I got a stab on my head—I am not positive whether it was done by the man who got away or Vecchione—I think I have made a great mistake about Vecchione—Jeveno stabbed me behind the ear—I saw a knife in his hand—when I had received the two stabs my wife got hold of me—I said, "I am stabbed"—two Italians ran away, one is not in custody and the other I mistook for Vecchione—I gave chase with my brother, who got in front of me—he caught hold of the two Italians, but they got away from him and ran into Great Bath Street, about 200 or 300 yards away—they went into a house and closed the door—I blew my police whistle—a constable came and burst the door open—I went in with him—we found three men in a bedroom on the top floor, they were just about to get into bed—Vecchione was one of them—Jeveno was not there; I saw him at the police court on Monday morning and identified him from about twenty others.
Cross-examined by MR. RANDOLPH. There was a general stampede of Italians after I was stabbed.
By the COURT. One of the stabs was under my ear, and the other on the top of my head.
Jeveno here requested that the witness's deposition before the Magistrate should be read, which was done.
By the COURT. The scratch on my ear bled a little, but the blood from the top of my head ran down and covered it up, and the doctor scarcely noticed it.
WILLIAM TARR . I am a labourer, and live with my brother, the last witness, at 22, Penton Street—on Sunday, October 5th, about 12.5 a.m., I was with him and a few friends in Farringdon Road—I saw three Italians there—Jeveno was one of them, but I have a doubt about Vecchione—Jeveno came up and stabbed a man named Phillips—he was seized and the knife taken from him—the third man was not in custody—I ran after the men with my brother—we followed them to a house in Great Bath Street, which is off the Farringdon Road—at the foot of the stairs where it was dark, someone turned round with a knife and cut me across the nose with it—I do not know who it was—I came out then, and my brother blew a whistle and called the police—there were eight or nine people in the house—I did not find Vecchione—my brother went upstairs and saw him.
Jeveno wished that the witness's deposition before the Magistrate should be read, which was done.
Re-examined. The account I gave before the Magistrate is correct—I am not sure of Vecchione—we have received £3 as compensation between four of us—I am sure of Jeveno—there were three or four women holding him down, and I saw his face before he was held down, and he was slashing about with his knife—he struck Phillips with it.
Percy Street—on Sunday morning, October 5th, I examined Charles Tarr—he had an incised wound on his head about an inch long—it seemed as if it had been done with a sharp instrument—I also saw his brother William—he had a scratch across his nose, which seemed to have been done with something blunt—it was very superficial—I saw Jeveno at Bang's Cross Police station—he had a wound on the second finger of his right hand, which had been caused by some sharp instrument—it was rather a nasty wound—he had also a slight puncture on his cheek—I also examined Phillips at the police-station.
JOHN STOKES . (389 E.) In the early morning of October 5th, I heard a police whistle and went to Great Bath Street—I saw Charles and William Tarr and a crowd outside No. 28—I went into the house and saw three men in a top room—one of them was Vecchione—I took him into custody for stabbing Tarr—he said he was not the man who was there—he talks very good English—I took him to the station and charged him—he said he knew nothing whatever about it and was quite innocent.
Cross-examined by MR. RANDOLPH. Vecchione lives at 28, Great Bath Street—it is a lodging-house—I do not know if it has got two staircases.
By the COURT. I went into the room where I found Vecchione because I heard several men going up there—I followed them—no one went into any of the other rooms after I got into the house—there was no one else there—I do not know if there were any other Italians in the house.
Jeveno, in his defence on oath, said that he had fast left a friend and was going home when he saw a crowd; that a man came up and threw him to the ground; and whilst on the ground trying to protect himself he got a wound on his face and a cut on his finger; that a policeman came up and he was arrested; that the men had punched him and his watch had been stolen; that he had no knife and had not stabbed anybody.
J. STOKES (Re-examined by MR. RANDOLPH.) Vecchione has not had any charge made against him while he has been in this country that I know of—I do not know if he has been over here about six years.
By the COURT. I have not found out anything about him, although I have tried to.
VECCHIONE NOT GUILTY .
JEVENO GUILTY — Four months' hard labour
MR. A. GILL and MR. GRAHAM CAMPBELL Prosecuted; MR. PURCELL Defended BASLEY.
ROBERT EDWARDS . I am a registered medical practitioner and was acting for the divisional surgeon on September 1st—I live at 23, Brunswick Square—on September 1st, Allingham was brought to me about 9.30 a.m.—I examined him and found he had a good number of abrasions over his body, and lacerated wounds inside his mouth and on the inside of his cheek, caused by violence which would cause the teeth to cut his cheek—I believe he had a cut lip also—his private parts were tender, and he had a swollen testicle, which I judged to be in a serious condition—it was caused by some
direct injury—he had a good deal of pain in the lower part of his back—he said that he had passed blood when passing water, and I judged that he was suffering from some injuries to the kidneys—I did not see him again till I saw him at the police-court on September 8th—he was still off duty—I believe he remained off duty for five or six weeks—on the 8th he had improved, but he complained of much pain in his back—when I first saw him he was suffering a good deal from collapse and shock.
Cross-examined by Weller. I should say that about half a dozen blows caused the injuries to his face and mouth.
THOMAS ALLINGHAM (Police Constable 21 E.R.) On August 30th, about 10.40 p.m., I was on duty in New North Street, Theobald's Road—my attention was called to a crowd of disorderly men outside No. 21—I saw Weller there drunk—I ordered them away—they all went, except Weller—he was shouting and using bad language—he went on to his door-step at No. 21, and stood there shouting and using bad language—I ordered him indoors and he struck me a blow on my mouth with his fist, cutting my lips through—I caught hold of him and was then seized by one or more men and dragged into the passage—I fell with Weller at the foot of the stairs—there was no light except what came through the street door—I tried to get up—Weller seized my whistle and broke it off, and threw it away—I again tried to rise, and was seized by four or five men and some women, and beaten about the body with their hands—I shook them off and turned on my lantern and saw Fosh standing at the foot of the stairs—that was the first time I had seen him—I have known him and Weller for years—Fosh deliberately kicked me in the testicles and I became unconscious—I came to, and was still struggling with Weller—my lantern had been smashed—I got hold of Fosh and he broke away—a woman came downstairs with a lamp and I then saw Basley standing on my right—he said, "Put out that b—light," and said to me. Get your breath, policeman""—a woman then put her hands over my shoulders pulled my head back, and Basley then seized me by my throat—I became unconscious again—on coming to, I was on my feet standing beside Basley—I saw Weller, Fosh, another man and two women go upstairs—Basley tried to escape into the street, and I got hold of his left arm—he tried to pull himself away, and I struck him on his head with my truncheon—he said, "Don't hit me again; I will go quietly"—another officer came, and we took him to the station—on the way to the station I fainted, and two gentlemen took me there—at the station I gave a description of Weller and Fosh; they were subsequently brought there and I identified them—my tunic was torn in halves, my lips were cut through; one of my baok teeth was knocked out; my face was cut inside, and I had a bruise on my testicles as large as a five shilling piece—they were swollen and I passed a quantity of blood—I am still on the sick list.
Cross-examined by Weller. You struck me once on your door-step—I cannot say with which hand.
Cross-examined by Fosh. I sent the policeman back to the house to arrest you.
Cross-examined by MR. PURCELL It might have been Basley who
picked me up—I do not know whether he was going to get assistance when he walked towards the door—a woman came in at the door when I struck Basley—I have no recollection of her calling out to me, "Tom, what did you do that for you have struck the wrong man, for he was helping you"; nor of my replying. "God help me; they have nearly killed me."
Re-examined. I am sure Basley had his hands on my throat.
THOMAS COTTINGHAM . I live at 5, Dunstable Court, close to New North Street, and am a carman—I was walking along with Allingham in New North Street on August 30th about 10.45 p.m.—there was a disturbance there, and he told the men to move on—Weller would not go, he was drunk—he then went on the door-step of No. 21, using bad language to the constable who walked to the door, and I then turned my back—the next thing I noticed was a lot of people rushing towards the door—I went to see what was the matter—I could not see what was going on in the passage, but I heard a cry for help and fetched another constable—as I went I met Basley coming in about four or five yards away from the door—he was brought out with the injured constable, whose lips were bleeding.
Cross-examined by Weller. I did not see you actually go indoors, I saw you on the step—I did not see the constable enter, neither did I see you strike him.
KATE FOGHILL . I live at 32, Gloucester Street, close to New North Street, and am single. I saw Allingham order Weller away—he-went to his doorstep and the constable told him to go inside—a woman came to the door and pulled Weller inside, and the constable stood on the kerb—I then went into a dairy a few doors off and while in there I heard some shouting—I came out and went back to No. 21 and saw Allingham in 'the passage with a lot of people—someone told him to blow his whistle, but he could not as he was on the floor—I went for a constable, and when I came back Allingham was being held up on the door-step—I only saw Weller, I did not see the other prisoners there.'
Cross-examined by Weller. I could not see you in the passage—I saw the policeman's helmet on his head—he was on the floor struggling,
DENNIS KENNEDY . I live at 25, New North Street, and am a school-boy—on this evening I heard Allingham tell Weller to go right indoors—he refused and called the policeman bad language—the constable tried to shut the door and Weller dragged him into the passage—I did not see the other prisoners there then—I saw Basley a long time after coming down the street with my sister—he went in and saved the policeman's life—Weller had Allingham by the throat—Allingham was exhausted and calling for help, and Basley lifted him up—Basley was then taken to the station for the wrong man—I heard some one say, "Let's kick out the lantern—I was in the passage, near the street door.
Cross-examined by Weller. I was on the second door-step when I saw Mr. Basley coming in—I had been into the passage and picked the policeman's lantern up—before Basley went in and picked the constable up, I saw you on the floor with the policeman—he walked in by himself.
By the COURT. The policeman stood on the step, and as he went to shut the door Weller dragged him in and arrested him.
By Weller. There were a lot of people in the passage—you were the only man who dragged the policeman in—you were on top of him.
By the COURT. The door was left open when Weller and the policeman were in the passage, and a lot of people rushed in to see what was the matter—I stood on the step until Basley was taken to the station.
Cross-examined by MR. PURCELL. Basley came up about a quarter of an hour after the row was over and said, "Hallo! what's the matter," and tried to pick the policeman up, and he got a knock on the head by mistake—Basley said, "Let the policeman get a breath of air," and tried to hold him up.
Re-examined. Basley helped the policeman out of the passage and stood him against the railings on the door-Step.
GEORGE COOK . I Live at 6, New North Street—I am 15, and do printing work—I saw Allingham order Weller away—he was quarrelling with some men—Weller went to his door, stood on the step, and swore at the policeman—the policeman went up and stood on the step, and Weller made a hit at him—the policeman ran in after Weller, who fell down some steps leading to the yard with the policeman on top of him—I did not see Fosh there—I saw Basley after the fight was nearly all over—he came up to assist the policeman.
By the COURT. Weller laid hold of the constable's coat—Basley said. "Leave go, Jack"—Weller let go, and the policeman seemed exhausted and was falling to the ground, and Mr. Basley held him up—he was holloaing for help—the policeman's coat was torn then, before Basley came up—while Mr. Basley was holding the constable up one of the women in there threw the policeman's hat and hit me in the face, that gave me a black eye—there was a light in the passage: a woman was on the stairs holding a lamp.
Cross-examined by Weller. The man you were quarrelling with wanted to fight you—you went up and stood on your doorstep, and the policeman told you to go in—you made a hit at the constable, and he ran in after you—you did not strike him; you drew your hand back—it was your left hand—your right hand was down by your side—I did not notice whether you had it in bandages or not.
By the COURT. Weller was on the ground and the constable was on top of him—there was another man and two women in the passage, and Mrs. Basley was standing on the stairs in her nightdress, with a lamp.
Cross-examined by Weller. I did not see you strike the constable either outside or inside—you could not have struck him inside because he was kneeling on you.
Cross-examined by MR. PURCELL. The first thing Basley did when he came in was to get the two women and Weller away from the constable and then he said, "Let go, Jack"I said at the police-court, "The two women were clinging on to the policeman, and they might have killed him if Basley had not been there; Basley picked up the constable, who clung round his neck. Basley was bleeding from the head, and the constable had his stave in his hand"—I did not see Basley get the blow on his head—I did not hear anybody call out, "Tom, you have hit the wrong man."
know the three prisoners—I saw Weller struggling in the passage with the policeman—I did not see Basley there—Weller called the policeman in to him and the policeman ran in and fell down in the passage, and they were struggling on the floor—I stood in the passage, and a lot of people got inside—I did not see a woman on the stairs with a light—I only saw Basley when he was holding the policeman up.
Cross-examined by Weller. You said to the policeman, "Come in here," and he went in after you—I did not see you strike him or attempt to strike him.
Cross-examined by MR. PURCELL. I heard Basley say, "Let him get his breath"—Basley was then holding the constable by his arm-from what I could see, Basley was trying to help him—I did not see Basley get the blow, but I saw the blood on his forehead.
By the COURT. Basley arrived about ten minutes after the row commenced—I did not see Fosh there.
Cross-examined by Weller. The first thing that attracted me was hearing someone say, "There's a row round in New North Street"—I got into the passage and saw you struggling with the policeman—I did not see you strike him.
Cross-examined by MR. PURCELL. I heard Basley say, "Let the policeman get his breath"—the policeman got up and held Basley round the neck, and Basley tried to get him away from the people who were hitting and kicking him.
EDWARD YOUNG (456 E.) I was called to 21, New North Street—I saw Allingham and Basley on the doorstep—Allingham's tunic was torn and he had lost his whistle and lamp, and was bleeding from his mouth—I helped him to take Basley to the station—on the way he became exhausted and could not go on, and two people in the crowd supported him—he gave a description of two persons, and I and Hawthorn went back to 21, New North Street—I turned on my lantern and traced blood from the passage, up the stairs, to the third floor front room, where' I found Fosh—I examined the room and found a pocket handkerchief and a pail of water both stained with blood—I told Fosh he answered the description given by Allingham and I should take him into custody for being concerned in assaulting him—he said, "All right, I will go quietly to the station with you"—Hawthorn arrested Weller, and they were both taken to the station, and all three were charged with maliciously wounding Allingham—Basley said, "I should be charged with attempting to rescue; I saved the policeman's life"—Fosh and Weller said, "All right"—Allingham at once identified Fosh and Weller, and said that Weller was the cause of the whole disturbance—there was a very disorderly crowd of about 200 people when I arrived.
Cross-examined by Fosh. I did not say that you had had something to do with it and that was the reason I should arrest you; I said you answered the description given by Allingham.
Cross-examined by MR. PURCELL. So far as the police know, Basley has
lived in the house for upwards of two years, and is a respectable, hardworking man.
By the COURT. Fosh was examined at the police-station, and he had a wound on his temple; he said that he received that through falling down-stairs.
GEORGE HAWTHORN (37 E.) I went with Young to 21, New North Street—I went into the bedroom on the second floor and found Waller there lying on the bed drunk—I told him he answered the description of a man wanted for assaulting Allingham—he made no reply then—afterwards he said, "You would have done the same as I did if you had been there."
Weller: "I deny ever having said those words; three officers came into the room and would have heard them."
By the COURT. I am positive he said that afterwards—this is the note I made at the time (Produced)—I think 23 E.R was there and 456 E. was outside on the landing—whether they heard it or not I cannot say.
Cross-examined by MR. PURCELL. Basley said in answer to the charge, "I saved the policeman's life; I should have been charged with attempted Rescue."
BASLEY— NOT GUILTY . The COMMON SERJEANT considered that Basley appeared to have helped the police and ought to have some compensation, and MR. CAMPBELL said that his Lordship's intimation should be conveyed to the Commissioners of Police.
Weller, in his defence on oath, said that after being turned away by the policeman he went up and stood on his own doorstep, and the constable deliberately came to the door and tried to bundle him inside; that as he was doing no harm he refused to go in; that the policeman then said, "Well, if you won't go in you will—well come out"; as he saw he meant taking him he went in and, being dark, he fell down in the passage with the policeman on top of him, and he tried to drag him out; that as he had done nothing he would not go, and the policeman then started paying in to him on the ground; that a lot of people then came in, and he remembered no more until he was woke up on his bed; he admitted that he had had a drop to drink and was using bad language, but denied that he struck the policeman or dragged him in, as he had a poisoned hand.
Weller, in his defence, said that it seemed to him that the policeman finding he was wrong in following him into the passage tells falsehoods about being struck and dragged in so as to show that he had cause to arrest him.
Fosh's defence: I know nothing at all about it.
WELLER and FOSH— GUILTY . Six months' hard labour each.
NOT GUILTY .
745. RICHARD GOODDALL, Unlawfully converting to his own use £24 3s. 2d., part of a sum of £54 3s. 2d. received by him for and on account of Frank Ettwell. Other counts, for converting to his own use an order for £15, and postal orders for £5, £2, £2, and £1, received by him on account of the said Frank Ettwell.
MR. BODKIN and MR. LEYCESTER Prosecuted; MR. CLARKE HALL Defended.
ERNEST GEORGE I live at 6, Elliott Bank, Forest Hill—Mr. Ettwell is my landlord—the house was taken in my wife's name at £60 a year, and I pay the rent quarterly by cheques on my wife's account—on April 2nd I sent this cheque to the prisoner for £12 1s. 8d. for the rent due at Lady Day—that is £15 for the rent less property tax—I received this receipt (Produced)—on July 5th I sent the prisoner this cheque for £15 for the Midsummer rent—this is the receipt—I had to apply for it.
Cross-examined. I do not remember sending it on June 4th and post-dating it July 5th—I might have done so.
ISABEL PHILP . I am married and live at 45, Palace Road, Crystal Palace—Mr. Ettwell is my landlord—I hold the house at £32 per annum, payable quarterly—the rent due in June last I paid by instalments of £1 and £2 in postal orders to Mr. Gooddall—I sent £2 and received this letter of July 14th: "Your letter to hand enclosing postal orders for £2 on account of Midsummer rent. Please understand that this quarter our client will not accept payment by such small instalments as he has done in the past, and we trust when you send to us again at the end of this week, as promised, it will be a more substantial amount"—the next week I sent him another £2 and received this letter of July 21st from Gooddall: "Your letter to hand enclosing postal orders for £2. Kindly note that our client is pressing us for his accounts and insists upon having them by the half quarter day. We trust, however, you will not fail to send us at least another £2 on Monday next"—the next week I sent another £1 and got this letter of July 28th: "Thanks for letter enclosing postal order for £1, being further on account of your Midsummer rent. We trust you will make a special effort to let us have the whole of the balance by first post on Monday next, as we' fear our client will wait no longer. Please, therefore, post to us on Saturday without fail"—the next week I sent a cheque for £2—the balance of £1 I paid to the new agent.
Cross-examined. I had been paying my rent in that way for the last two or three quarters—I had always finished one quarter before another became due.
FRANCES ROBERTSON . I live at 47, Palace Road, Crystal Palace, and am married—Mr. Ettwell is my landlord—I hold the premises at £32 a year, payable quarterly—the rent due in March last I paid to the prisoner in three instalments—I got this receipt (Produced) on May 1st.
JOSEPH TRIPP . I live at 51, Palace Road—Mr. Ettwell is my landlord—my rent is £30 a year, payable quarterly—on April 7th I paid the prisoner £7 10s. for the March quarter, less 12s. 6d. for work done by me—the receipt is for the full amount of the rent.
ANNA SCHILLING . I live at 3, Vennor Road, Sydenham, and am married—Mr. Ettwell is my landlord—my rent is £40 a year, payable quarterly—on April 7th Mr. Gooddall railed on me for the rent due in March and I paid him £5 on account—he gave me this card (Produced), acknowledging it—that left a balance of £5 owing, and on July 1st Mr. Gooddall's clerk
called upon me, and I gave him a cheque for £10, being the balance of the March quarter's rent and £5 on account of Midsummer's rent—he gave me this receipt for the £10.
Cross-examined. My Lady Day quarter was not paid for until after the Midsummer quarter was due.
HERBERT BENNETT . I live at 15, Vennor Road, Sydenham, with my mother—she is the tenant and Mr. Ettwell is the landlord—the rent is £42 a year, payable quarterly—I look after my mother's business and pay the rent—about June 20th I sent Mr. Gooddall £4 on account of the March quarter's rent—I received this letter: "We thank you for your letter enclosing postal orders for £4 on account of Lady Day. We must remind you that another quarter has become due, and trust in the meantime the arrears will be cleared up"—I sent another £5 and received this letter: "We thank you for your letter enclosing postal orders for £5 further, on account of Lady Day rent. We will send official receipt when the balance comes to hand"—the balance was paid to the new agent.
Cross-examined. On several occasions the rent due for one quarter has not been paid until after another quarter had become due.
ELLEN LIGHTNING . I live at 17, Vennor Road, Sydenham, and am a widow—my rent is £42 a year, payable quarterly—Mr. Ettwell is my landlord—on March 18th Mr. Gooddall called at my request and I paid him the quarter's rent due on the 25th, £10 10s., less property tax, £1 18s. 11d.—he gave me this receipt.
WILLIAM ASHLEY LONGUEHAYE . On May 31st I received 25s. from Mrs. Philp—on July 1st, I received a cheque for £10 from Mrs. Schilling—I cashed the' cheque at the bank and paid both amounts to the prisoner—I was his clerk at that time.
Cross-examined. I had considerable difficulty in getting the money—I had to call for it on a great many occasions.
FRANK ETTWELL . I live at 72, Cornwall Road, Lambeth—I have house property in various parts of London—I have known Gooddall about 3 1/2 years as a house and estate' agent, and have employed him to collect the rents of my property at a remuneration of 2 1/2 per cent. on the quarterly rents and about 5 per cent. on the weekly rents—his duties were to collect the rents and hand them over to me, deducting his commission from them—he was to do no repairs without consulting me—I have' also lent him money—the first sum was £100 for three years, with interest at £30—the security I had was on his property and his first partner's property—in February, 1901, I lent him some more money amounting together to £335, and he gave me a document under a will which he was interested in as security—he said he wanted the money for his business in Gower Place, Gower Street—he obtained a partner and repaid me £100—in February last I lent him another £100; £25 was to be the interest, and he gave me as security this document (Produced) transferring to me absolutely and entirely his interest in the half share of his business at 1a, Gower Place—he was to repay me £5 4s. 3d. a month until the whole amount was paid—I received only two instalments of £5 4s. 3d., one in January and one in February—he gave me a promissory note in December, but I wanted
more security, and he then gave me the charge on the half share in his business—the quarterly rents were a bit slack in coming in, and I several times spoke to him about it—I told him that I wanted my rents in—he said he could not get them from the tenants; they were bad at paying—in July last I spoke to him again about the rents not coming in, and I got a letter and some accounts from him—I told him the rents must be got in and he said, "If we press the tenants we shall have the houses empty, and that will mean a great outlay to repair them"—I had not received anything then on account of the Lady Day rents—I received these accounts in July: "Re Romany Road: By cash, one month's rents as per April account, £10 10s. 11d.; one month's rents as per May account, £10 16s.; June, £9 18s.; total, £31 4s. 11d. Deductions: Gash paid, King's taxes, 4s. 10d.; one month's management, due May, £3. Cash herewith to balance, £28 1s. 1d.; total, £31 12s. 6d. Be quarterly rents: July 2nd: By cash, Bennett, 15, Vennor Road, Christmas rent, £10 10s.; herewith on account, Lady Day rents, £30; total, £40 10s. Property tax: Allowed Bennett, £1 18s. 11d.; commission collecting rents, 5s. 3d.; cash herewith to balance, £38 5s. 10d.; total, £40 10s."—there was no cash sent with the account—the total amount came to £80 19s. 5d, and I received £66 6s. a week after the accounts were sent, leaving a balance of £14 13s. 5d., which I did not get—on July 27th I told him I was not satisfied and should transfer it into other hands—I told him to collect no more rents after August 2nd and to send me in a full account so that I could hand it over to Messrs. Geen the new agents—I then received this letter: "August 1st, Dear Mr. Ettwell, I could not possibly get over to-night, so wired you, and now send statements for Messrs. Geen. I am preparing a statement of everything that is owing to you, and think, if you do not mind, it would be best for you and I to attend at Mr. Chapman's office, your solicitor, one day next week, say, Wednesday or Thursday, and then come to some definite arrangement by agreement, to be prepared by him, as to the mode of payment of the whole of the balance; it will be more satisfactory to us both, and if you so prefer it the money could be paid direct to Mr. Chapman on your behalf. I am struggling hard, Mr. Ettwell, against everything, and in the end I shall pay every penny that is owing. If Messrs. Geen want any further information I am ready and willing to give them every assistance"—I got another letter, dated August 19th, 1902, addressed to my solicitor (Read: "Dear Sir, I now send you statements re Mr. Ettwell's rent account as promised. If there is any error I shall be only too pleased to rectify it, and hope to make a satisfactory arrangement with you for the payment of every penny. I thought I should have been able to send you some of the information asked for in your letter; however, you shall have all particulars at the very earliest moment")—the statements enclosed were handed to me by my solicitor (Read: "August, 1902 re quarterly rents. Cash, Bryer arrears, 7 and 8, Elliott Bank, £40; Scopes, Lady Day rent, £15; George, Lady Day rent. £15; Shilling, Lady Day rent, £10; Bennett, on acceunt of rent, 15, Vennor Road, £9; Lightning, Lady Day rent. £10 10s.; Philp, Lady Day sent. £8; Robertson. £8; Tripp, Lady Day rent. £7 10s.; George, Midsummer
rent, £15; Shilling, on account Midsummer rent, £5: Lightning Midsummer rent, £10 10s.; Philp, on account of Midsummer rent. £5; Robertson, on account of Midsummer rent, £2; Tripp, ditto, £7 10s.; total, £168. Weekly rents: Romany Road, June, £13 0s. 2d.; July £9 8s. 6d.; total, £190 8s. 8d. Deductions: Cash paid you on account Lady Day rents, as per account rendered July 2nd, £.30: commission on collecting rents in the sum of £168 at 2 1/2 per cent., 4 guineas; cash paid you on account: June rents. Romany Road, July 2nd, 1902, £9 18s.; one quarter's management, due August as per agreement, £3; repairs, Romany Road, as per builder's account to follow, £6 18s. 6d.; total deductions, £54 0s. 2d.; total due to you to balance, £136 8s. 2d.")—on September 2nd I called on Gooddall with those accounts with a clerk of Messrs. Geen's, and asked him if he did not think he was cruelly treating me in receiving all that money and not paying it to me—I asked him what he had done with the money, and he said he had used it in establishing his own business and outgoings—I asked him what he had done with George's Lady Day cheque, and he said that part of it was in the amount he sent me and part had gone in his business—I then asked what he had done with George's Midsummer cheque, and he made the same reply—I asked him about the builder's account, and what authority he had to employ a builder—he said he was going to pay it himself, but he had not the money—up to the time I got that account from my solicitor I had no knowledge whatever that he had collected £136 of mine—Mr. Bryer was tenant of 7 and 8, Elliott Bank—he left in June, 1901—I asked Gooddall several times for Mr. Bryer's last quarter's rent, and he said it had not been paid, that there were things left in the houses, and he was waiting till they were sold to help pay the rent—I had no knowledge until August last that Gooddall had already received £40 from Mrs. Bryer for his last quarter's rent—I wrote to Gooddall for Mr. Bryer's address so that I could write to him for the rent, and I received this letter: "August 9th, Dear Sir, I am sorry to say my business affairs have got into such a desperate condition that I have been compelled to employ a well-known firm of solicitors, Messrs. Stanley Evans and Co., and they are writing you on Monday with a proposition for payment of every penny that is owing to you. I must keep going somehow; If I do, all will end well; if I do not, it means utter failure for me and a heavy loss to you, which I want to avoid. The only thing I have never told you is that Mr. Bryer's rent has been paid, and I am arranging for payment to you"—I have never received a penny of the £136, that in addition to the money I lent him makes £460.
Cross-examined. I do not recollect dates very well—I am not a very good scholar—I had a conversation with Gooddall two or three weeks before he sent me the accounts on July 2nd—up to that time I had not received any of the Lady Day rents—this is my receipt "April 21st. Received on accounts of rents. £25 4s. 1d. weekly and quarterly"—it does not say that they were the Lady Day rents, and I say it does not refer to the Lady Day rents—I first met Gooddall in 1899—I did not know he was a clerk to a firm of house agents—I understood he was doing business on his own account—he consulted me about starting business in Gower Place,
and asked me if I would advance him money for the purpose—he took the premises himself—I had nothing to do with it—he said that he and a Mr. Dunn were going into partnership, and he asked me to assist him, and it was then that I advanced him £100, and I received a joint bill of Gooddall and Dunn for £165 and a charge upon their household goods as security—the interest of £65 was for three years, and was. Gooddall's own proposal—I have not had any of it yet—I cannot remember having deducted the first six months' interest—the business in Gower Place was started in February, 1900, and Dunn dissolved partnership in November, 1900, and I gave up the bill in exchange for the charge on the reversionary interest under the will in which Gooddall was interested, which was to cover every-thing, and I made up the loan to £330—I cannot recollect whether I only paid him £30 or not—I cannot say whether the reversionary interest is a substantial one or not—if there was only £30 paid over there would be some money that he owed me on account of rents which he lad collected, and that would be deducted from the loan—at the time I took the reversionary interest in January, 1901, I thought there must be more money collected than that paid over to me and part of the consideration for that charge of £330 was rent collected by him and not at that time handed over—the next transaction was in November, 1901, when he topic a. Mr. Clark into partnership—he did not consult me about the partnership—he told me that Mr. Clark had paid him £175 for a half-share of the business, and he paid me back £100, not on account of back rents, but on account of money I had lent him to get himself along—I received this document as security for the £125 (Read: "12th February,. 1902. In consideration of your having this day advanced me the sum of £125, £100 cash and £25 interest, upon a bill or promissory note. I hereby transfer to you absolutely and entirely my present interest in the half-share of my business")—I received that document after the partner Clark had left him—I do not recollect advancing him £25 only and the balance of £75 going to wipe away the back rents—I only held that document as security—I had nothing what-ever to do with Gooddall's business—I know nothing about this commission note for £40 (Produced)—I never had it in my possession as a security—I do not know that Gooddall during the three years he has been doing my business has made a number of small payments to various people for me: he had no business to do so—he did not suggest to me that I should transfer the management of the property to Messrs. Geen—he said it was beyond his management, and I said if he could not manage it someone else must and I should transfer the management of my property to Messrs Geen and told him to let me have a complete account of all his dealings with the property, and then I got the account of August 2nd showing £136 due to me for rents—so far as my solicitor has gone through it, it is correct.
Re-examined. Until I was at the police-court no one ever suggested that I was a partner in Gooddall's business—before any expenditure was permitted on my property, Gooddall always Had to consult me' first—this (Produced) is the agreement signed by Gooddall, under which he manages the property, and stating that all questions of repairs are to be first submitted
to and approved of by me—that applied both to the weekly and quarterly property—the Christmas rents were three or four months behind, and the receipt for the £25 4s. 1d. refers, I believe, to the Christmas rents, and not Lady-day rents—he said something about selling his business and paying me off in that way, but I had nothing to do with it—I should have been glad to have seen my money, however it was got.
HENRY JAMES CLARK . I live at 36, Harringay Park—I was a partner of the prisoner from November, 1901, up to April 5th—I invested £225 in the business, and I took out £60 when the partnership was dissolved—during the time I was a partner I never heard of Mr. Ettwell being taken into partnership.
THOMAS BRYER . I live at Carlton House, Honor Oak Road, Forest Hill—for thirty years I was the occupier of Nos. 7 and 8, Elliott Bank—I ceased at Midsummer, 1901—my rent was £160 a year, and I paid the last quarter's rent on May 20th, 1901—this is the receipt: "Received of Bryer, £40 for rent of premises, 7 and 8, Elliott Bank, Forest Hill, in full and complete discharge of all your liability—Gooddall and Co."
By the COURT. There was nothing left in the houses as security for the rent—the rent was paid before it was due.
ROLLS T. PAEN GLENDINING . I am a clerk at the London and County Bank, King's Cross—Gooddall kept an account there—this is a certified copy of it—he had also a driveat account—we closed it ourselves on September 20th—the business account was closed on April 5th—we also keep an account of all cheques marked "R. D."—fifty-six cheques were presented and dishonoured up to September 8th—I believe the total amount was about £250.
Cross-examined. I do not know that they have since been taken up and met.
By the COURT. Those cheques were all for Gooddall himself—we dishonoured no cheques for Gooddall and Co.
JOSEPH SIMMONS (Detective Sergeant D.) I arrested the prisoner on September 4th, on a warrant at Gower Place—I read it; he made no reply—on him I found two unused cheques and eight cheques marked "R. D.," some racing cards, four county-court summonses, and £2 2s. 11d.—I also took charge of some books at his office.
RONALD DAVID GOODWIN . I live at 48, George Street, Hampstead Road—I have been clerk and canvasser to the prisoner from December, 1901, till now—there were no rent-books kept for Mr. Ettwell's quarterly property except the ordinary rent receipt-book.
Cross-examined. It is a thoroughly substantial business—there are 1,000 clients on the books, and the business would sell for £400 or £500.
Re-examined. It would be worth that amount before this affair occurred—there was other business done besides the collecting of Mr. Ettwell's rents—Mr. Ettwell's property was a small item in the business—I do not see any entries except as regards Mr. Ettwell's property—his was the only part of the business which necessitated keeping books—there was the selling of businesses and the letting of houses—I cannot say whether that is in the cash-book, because I did not enter up the books myself—
there was no account against anybody—all commissions were paid on the completion of anything.
By the COURT. Sometimes we have taken as much as £25 a week, some-times nothing, and sometimes £5 a week.
WILLIAM HENRY GREEN . I keep the Hawarden Castle public house, Gower Place—in April I cashed this cheque (Produced) for £12 1s. 8d. for the prisoner, drawn by Mr. George—he said he wanted the money, and could not wait until it had been through the bank—on July 5th I also cashed this cheque of Mr. George for £15—he gave no reason for asking me to cash it.
Cross-examined. I do not know that it was a post-dated cheque.
Cross-examined. I was present at the interview between the prisoner and the prosecutor on September 2nd—the prisoner said to the prosecutor that it was to the interest of both of them that his own business should be kept on; also that he was willing that his business might be disposed of, in order that Mr. Ettwell might get his money—it is rather unusual for moneys to be paid to the agent, and for him to pay some over on account; we never do it—the prisoner did suggest that he and the prosecutor should go to the prosecutor's solicitor in order that some arrangement might be made as to the payment.
Re-examined. The custom is for the agent to send in an accountt periodically with a cheque—when the prosecutor asked the prisoner what he had done with the money he said if had gone in endeavouring to establish his business, rent, office expenses, and so on.
The prisoner, in his defence on oath, said that he made the prosecutor's acquaintance in 1899, and sold him some property, after which he continued to manage it and collect the rents; that in February, 1900, he consulted the prosecutor as to starting business on his own account with Mr. Dunn as partner, and the prosecutor advanced him £100 for that purpose, and he gave a joint bill for £165, £65 being for interest, the prosecutor deducting the first six months' repayments of capital and interest; that after commencing business there was a balance left of £19, which the prosecutor knew, out of which he had to commence repaying the capital and interest at £5 8s. 4d. a month; that the quarterly rents were always paid to the prosecutor as the business could afford, there being no special arrangement whatever; that the partnership was dissolved by mutual consent in November, and he told the prosecutor of the fact; that he had consulted the prosecutor upon everything connected with the business; that Dunn was released of his liability by the prosecutor, and that he arranged with the prosecutor that he should continue the business himself; that there was a small balance then due on the bill, and the prosecutor advanced him another £30, making £335, and was given as security his reversion under a will, the majority of the £335 being made up of money which he had collected for the prosecutor and spent in the business; that that was the only cash he had had from the prosecutor up to that time, and he owed the prosecutor about £175 for rents; that in November, 1901, he took Clark into
partnership, receiving from him £125, and he immediately gave the prosecutor £100 on account of the rents he owed him, and that his letter books would show that the prosecutor accepted the money, as the business could afford it, sometimes £25 and sometimes £50 on account, and with regard of the balance of £75, the prosecutor, in November, 1901, agreed to advance him another £25, making £100, and in December he gave him a bill for £125, to be repaid by monthly instalments of £5 4s. 3d., commencing in January, until the whole amount was paid, and in February he gave the prosecutor, in addition to the bill, a charge upon his half share of the business in respect of the same £125, distinctly telling him that he had security for double the amount of the bill, as Clark had recently paid £225 for a half share of the business; that the prosecutor was fully satisfied with the reversionary interest, and had approved of everything that was being done in the business; that when he sent in the July account he explained to the prosecutor that he would let him have some money when business improved, and it was then that he handed him the commission note for £40, and got it back again; that on July 27th the prosecutor asked him why he could not get his rents in, and said that Messrs. Geen would be able to do so, and he then told the prosecutor to let them take over the property; that the prosecutor telephoned to him the next day and told him he had arranged for Messrs. Geen to take over the property, and asked for a full statement of the accounts, and he then sent the complete statement of August 1st, showing a balance of £136 8s. 2d. due, to the prosecutor for rents, which, was smaller than the amount due when Clark came into the partnership; that his business was worth £500 before his arrest, and since he had been out on bail he had paid various creditors £183, and could have paid the prosecutor had he not been arrested, and during the three years he had known the prosecutor he had been on friendly terms with him, and had made payments for him out of his own pocket, and had done other work for him for which he made no charge.
GUILTY . Two previous convictions were proved against him. Six months' hard labour.
THIRD COURT—Friday, October 24th, 1902.
Before J. A. Rentoul, Esq., K.C.
MR. GODWIN Prosecuted.
GEORGE HOWARD . I am a retired master mariner, of 18, Essex Street—on October 17th I was passing the Assembly Hall, Mile End Road—three or four men attacked me from behind—I was seized by my throat, a knee was put in my back, and I was brought to the ground on my back, a thumb was inserted behind my throttle, and I was nearly choked; my arms were secured, and I found somebody on my stomach feeling my waistcoat—I heard a whistle, and after that I saw a policeman, also three men running from me, two of them running across the road and one
down the road—I lost my watch and chain—my back is still very stiff and sore, and I can barely swallow—this is my watch—I have said I only recognise the prisoner as the one who was brought back.
Cross-examined by the Prisoner. The watch was found in your possession—I was not knocked about.
WILLIAM KNIGHT . I live at 240, Devonshire Street, and am an attendant at the Stepney Borough Council—I was in the Mile End Road on October 17th, near the Trinity Almshouses, and saw four or five men on the top of a man on the pavement—I blew my whistle twice for help—I saw the prisoner rise from the top of the man on the ground and run towards Jubilee Street—two of the men ran towards Bow Lane—I ran for a policeman to Jubilee Street, and found the prisoner in custody—I heard one of the men say, "Gag him" when I was ten yards from them—the prisoner wore a pair of tan boots—an electric light was opposite.
Cross-examined. If I said at the police-court that I saw your face that is a mistake, because I took good care not to get too close in case I should be molested—I was five yards off—five policemen came.
ALBERT BOREHAM (222 H.) I was on duty on the morning of October 17th in the Mile End Road, near Jubilee Street—I heard a whistle—I saw three men running from a policeman—I took up the chase down Jubilee Street—I was seven yards behind the prisoner—when I caught hold of him he said, "I have done nothing, governor"—I heard something drop, and picked up this watch—I took the prisoner back to the prosecutor, who said, "That is the man who took my watch."
Cross-examined. I did not say,"You will do"—you were the only man, running away down "the street—you did not say" I saw this and-picked it up"—other men came up after I had caught you—they were talking in the Jewish language.
THOMAS COX (428 J.) I heard cries for help, and saw two or three men scuffling on the footway—I fan towards them—a whistle blew—two of the men ran in the direction of Bow Lane—the prisoner crossed the road into Jubilee Street—I chased him till he was stopped by Boreham—I have no doubt of his identity, I kept observation on him—there was an electric light at the spot—when I heard the cries I was about, 120 yards off.
Cross-examined. I was ten or twelve yards off when, you were stopped—I saw five people running and passed three of them—I saw no one with a high hat on.
The prisoner, in his defence on oath, said that he was going home and saw a crowd, and when he heard a second whistle blow he rushed down Jubilee Street, and was arrested and taken back to the prosecutor, who said, "I do not identify this man" and that he had found the watch.
GUILTY . He then
MR. INMAN Prosecuted.
PHILLIP GUERIN . I am an able seaman in the Royal Navy on board the Endymion—on October 4th I was in St. John's Court after 12 p.m.—there was an argument at a Friendly Lead between the prisoner and the landlord's son-in-law—the landlady asked me to arbitrate—I said I wanted to get home, but would take the bill of subscriptions and see whether it tallied with the money handed in—the prisoner wanted to take the bill, and the son-in-law would not let him, and they started fighting—the landlady tried to separate them, and the prisoner broke loose on her, she fell, and he kicked her in her eye—I told the prisoner that, was not a manly thing to do—he had a go at me, but I got the best of it—then I felt blood and saw he had a knife—I took it away from him and threw it away, and he ran and locked himself in the bedroom, singing out down the stairs that he never used the chiv. (knife)—I went home and found blood floating in my shirt above my belt, which fits tight round my waist—I went to the hospital.
Cross-examined by the Prisoner. I threw the knife over the fence—there was a struggle—you were not drunk, but you smelt of liquor—my hand was cut—I did not mention that because it was of no consequence—the constables did not come till you were in your bedroom—I was asked, "Will you charge him?"—I said, "No, I shall pay him myself"—I did not drink with you afterwards—I ran upstairs after you—I then spoke to the police-sergeant.
LEAH FRIEDMAN . I live at 101, Pennington Street, St. George's-in-the-East—on October 4th I was with Guerin in my friend's house—I was standing at the bottom of St. John's Court, and heard cries, and went to see what was the matter—I saw the prisoner fighting with another man—the injured man (Guerin) tried to part them—the prisoner said, "I have got it in for you"—I saw the prisoner strike him several times with a knife, which Guerin got hold of and threw in the back yard—the prisoner ran upstairs and locked himself in a room—a police inspector came—I saw blood on the left side of Guerin's waistcoat—he took it off, and I saw that his flannel was soaked with blood—I took him to the hospital, where he was detained—we were all sober—I was wishing good-bye to Miss Chattaway, Guerin's intended wife.
Cross-examined. I do not live there—I was never in your company.
MARY CHATTAWAY . I live at 3, St. John's Hill—Guerin lodged with me at the beginning of this month—I was standing at the bottom of St. John's Court when this disturbance took place—I heard holloaing, and a lady cried out—I went to see what was the matter—I saw the prisoner fighting with another man—Guerin stepped in between and tried to separate them—the prisoner said, "I will have it in for you," and struck him—they struggled—I saw the prisoner striking Guerin with a knife—Guerin said, "You would use a knife, would you '?" and took it from him and threw it over the wall, and said, "I shall see you to-morrow"—I took Guerin into my house—he took his coat off—his shirt was full of blood, and his face had been stabbed—I took him to the hospital, where he was detained.
Cross-examined. You struck the landlady and kicked her—you knocked her down, and she fainted.
HERBERT BRADLEY . I am house surgeon at the London Hospital—I was on duty on October 5th, when Guerin was brought in about 5 a.m.—I examined him—I found a good deal of blood on his clothes—he had five cut wounds on his left side, on his chest a bad one, and one on the edge of the collar bone, another serious wound at the bottom of the neck—he lost a great deal of blood, and was very nearly in a fainting condition—two of the wounds became what is medically known as dirty with matter, and caused trouble—a pocket-knife could have caused them.
JOHN GILL (Detective G.) I was in the H Division when I arrested the prisoner on Sunday October 5th—I told him he would be charged with feloniously wounding Guerin that morning about 1 a.m.—he said, "I never struck him with a knife, I never touched him with a knife"—when charged he made no reply.
Cross-examined. I did not see that your shirt was torn into ribbons, nor hear you call to the landlady for a clean shirt—I asked you to put your clothes on, and you did so, and went downstairs—I made no search at that time, I was looking after you.
The prisoner, in his defence on oath, said that he only tried to prevent the Friendly Lead funds being robbed of £1 6s. 6d.; that he did not remember using a weapon; that he had only his trousers and no boots or stockings on, and was going to bed; and that if it was done it was in self-defence, but that he never used a knife for anything.
GUILTY . Three months' hard labour.
MR. WHITE Prosecuted.
The prisoner withdrew his plea and said that he was guilty. He received a good character.
GUILTY . To enter into recognisances.
NEW COURT.—Monday, October 27th, 1902.
For cases tried this day see Kent and Essex cases.
THIRD COURT—Monday and Tuesday, October 27th and 28th, 1902.
Before Mr. Recorder.
MR. CRANSTOUN and MR. NIELD Prosecuted; MR. J. P. GRAIN, MR. BLACKWELL, and MR. FULTON Defended.
HENRY HOLLINGSHURST . I am one of the firm of Hollingshurst and Co., chemical manure merchants, 127, Fenchurch Street—on May 30th, 1902, after negotiation with the prisoner, I purchased from him 400 tons of basic slag at 35s. a ton—Dr. Dyer was the analyst agreed upon in the
contract—I subsequently purchased other shipments, the qualities guaranteed being 38 to 40 per cent, and 80 per cent, of fineness, at 35s. a ton for first quality, and 26 to 30 per cent, of phosphate of lime at 24s. second quality—I produce the memoranda of sale from A. J. Forest, of 208, Rue de Haerne, Brussels, and the invoices, contract, and other documents relating to those purchases—I believed that I was buying basic slag of the quality described, and I had a guarantee also of the specified quantity—basic slag is a waste product which has recently been so chemically treated as to become a valuable fertiliser and a valuable merchantable article, according to the amount of phosphate of lime brought into it—it is now recognised as a first-class fertiliser, and has taken the place of phosphate of lime—it is produced in England as well as on the Continent—I found in Belgium a cheaper seller—Middlesbrough and the North-Eastern districts turn out hundreds of thousands of tons—they all work on the Thomas Gilchrist process, by which lime absorbs the phosphoric acids and forms a phosphate of lime, the average being 38 to 40 per cent, of phosphate of lime in that which is sold in this country—I sold the first consignment of 400 tons and another 150 tons to the Drogheda Chemical Manure Company on the same guarantee as I had received in the documents produced—in my contracts connected with Ireland there was an arbitration clause, but not in other contracts—550 tons were shipped by the Paradox, the captain's name being William Brown—accompanying the invoice was always a bill of exchange for three-quarters of the value payable at sight—this is one cheque—it is payable to the order of Jacob, and Co. for £660—the shipment by Eliza H. was 200 tons, in respect of which I paid this cheque of £262 10s.—those cheques are endorsed Jacobs and Co.—on the analysis of Dr. Dyer I paid the balance, £87 10s., making £350—I produce Dr. Dyer's analysis of July 21st, 1902—by the Germania, on June 4th, 1902, was shipped 150 to 200 tons, part of 2,000 tons purchased, of basic slag on the same terms on June 18th—on August 4th, 1902, the defendant sold me another 1,000 tons, which I did not get—I produce the invoice of 230 tons by the Germania. value £402 10s.—that is all first quality—I received this bill of exchange for £301 17s. 6d., drawn by the prisoner, and payable to W. Jacobs and Co., Antwerp—I paid that, and the balance on the analysis of Dr. Dyer—I sold the cargo by the Germania to Boyd and Co., Limited, of Limerick, and the cargo of the Eliza H. to Dixon and Cardus, of Southampton—400 of the 1,000 tons was shipped by the Mary Sophie—these were guaranteed at 38 to 45 per cent, of phosphate of lime, and in respect of which I paid on bills of exchange at sight, dated August 25th, 1902, £262 10s., to the order of Jacobs and Co., to the Anglo-Austrian Bank in London—this cheque for £525 represents the two sales—altogether I have paid £1,937 10s. to the prisoner to the order of Jacobs and Co. for basic slag of the qualities guaranteed—with regard to that I sold to the Drogheda Company, they intimated that in consequence of the analysis they had made of the cargo it was not what was represented, and that we must take it away—they repudiated it—they called upon us to perform our contract, and to supply basic slag as contracted for—they claimed £1,400, and have issued a writ against me in the High Court, so that
my loss is considerably more than £1,937—I have estimated it at about £4,000 to £5,000, since some of the buyers have behaved very well—the Limerick and Drogheda people have emphatically repudiated the consignments—I went to Ireland and got the buyers together, saw the basic slag sent there, and took a sample from the bulk—I afterwards sent it to Dr. Dyer, labelling the bottle—I took it from the bags as they came out of the steamers—very few of the bags were marked as to whether they were 26 to 28 or 38 to 45 per cent, strength respectively—the cargo was in the warehouse at Drogheda ex Paradox—I opened about a dozen sacks at random, filled a bottle, and afterwards handed it to Dr. Dyer in London—I afterwards had a sample drawn from the cargo ex Marie Sophie at Dublin, and from the other consignments, and handed them to Dr. Dyer—I went to Antwerp before the negotiations, arid again' when this affair had opened up, in order to investigate the matter—I authorised official samplers, Cornelson and Co., to take samples of the cargo on the Mark Sophie at Antwerp—I submitted those samples to Dr. Dyer—I received samples from the Germania, kept them for the time being, and when this question arose sent them to Dr. Dyer—by the contract we were obliged to accept the sample of the official weigher appointed by Forest, but we directed a special sampler, who had no locus under the contract—there was no suspicion at that time—the cargo on the Eliza H was sampled by another firm—the official samplers under the contract were Nieberding and Keefer, appointed by the Chamber of Commerce or some public authority—they were acting for all concerned—Forest' applied for two payments which we refused—I sent this telegram to Forest I "Request you to come" to London, together with firm who sampled cargoes, and give us proper explanation"—he came over with. Jacobs—they attended at my office on September 20th very late in the' afternoon—I said it was a very serious matter, as to which there 'were a good many particulars to be gone into and analyses from cargoes, and I suggested Monday would be more convenient, as I wanted time to get all the papers together, and there were a good many of them—he came on the Monday"with Jacobs about noon—I had drawn out full particulars of each cargo,' the shipping analyses upon which we had parted with our money, and 'the actual test of each cargo as delivered, and pointed out the enormous differrence in each case—I took him through them seriatim, arid asked him what explanation he had to give—Jacobs acted as interpreter—he is a Belgian, but speaks English—all the bills of exchange were drawn by Forest, and made payable to Jacobs—Forest looked very uncomfortable, but could give no explanation—I told him the whole thing was a swindle from beginning to end; and I pointed out the seriousness of the position he had placed me in, and that I intended to expose the whole thing—I also told Jacobs the position I considered he stood in, that at any rate he was seriously compromised—in the mean time I consulted my solicitors', who got a warrant against Forest—I saw Jacobs the first day Forest was brought up at the Mansion House, and once since in Antwerp, but not here.
Cross-examined. Forest made the appointment at my office, which
was kept—a detective was in my office on the 22nd—Forest was arrested when he left the office—he has been in custody ever since—we first wrote to Forest asking for prices—I went to see Forest in May or June, and tried to find him at his office, but did not—he came to me at my hotel, where we discussed matters in previous correspondence—we asked for an arbitration clause in the contract, which he refused—we agreed to the appointment of official weighers and samplers at Ghent or Antwerp—one sample would be sent to me and one to Dr. Dyer—we also received certificates of the weights—we paid three-quarters against bills of lading, and the remaining 25 per cent, against Dr. Dyer's analysis—I saw the Paradox cargo landed, and took samples after it was landed—I paid two visits to Drogheda—I went there after this affair opened up—I wrote the letter of July 8th to Forest complaining of the bags not having been branded, and that the quality was not according to contract, and asking for explanation, as the vessel would be on demurrage—there was considerable correspondence, but the complaints in the first instance were with regard to the bags—the basic slag when discharged from the ship was warehoused in a properly brick-built structure—we sent Giani and Muller to check the sampling of the cargo at Antwerp ex Eliza H, and as to the Marie Sophie and Germania, our representatives. Cornelsons, took samples and reported to us—we retained those—the samples drawn by the official samplers were sent to Dr. Dyer—we were not allowed to take samples in the Paradox independently—samples were drawn and sent to us—we kept the samples sent to us in the office, and rested on the official samples Leing analysed till the question arose as to the quality not being according to contract—in July Mr. Brooks, the buyer for Dixon and Cardus, called at my office, but he was not present at my interview with Forest—Jacobs was there—we employed brokers to charter two or three ships—I did not consider Jacobs' business large—he was introduced to me by Forest—Jacobs was also present on September 20th and on September 22nd, when the warrant was obtained upon which Forest was arrested—I saw Nieberding and Keefer two or three weeks ago—I have taken no civil proceedings against Forest—we have put a stop on moneys, if any, which Nieberding and Keefer may hold belonging to Forest, but not upon any money he may have in any bank in Belgium, and not upon moneys belonging to Jacobs.
BERNARD DYER . I have a laboratory at 17, Great Tower Street—I am agricultural analyst for the districts of Bedford, Cornwall, Essex, Hants, Herts, Leicester, Richmond, and West Suffolk, and I am official analyst to the London Corn Trade Association, and Doctor of Science of the London University—I have had twenty-five years' experience in analysing agricultural manure—I have analysed a number of samples relating to this matter, and have issued the certificate produced of the results of my analyses—the efficacy of basic slag as a manure depends upon the fineness to which it is ground, and the percentage of phosphate of lime in it—the standard recognised of fine meal, as in this case was guaranteed, is 80 per cent.—sample Nos. 1231 and 1232 of the cargo of 150 tons ex Paradox was delivered to me on July 4th from Messrs. Jacobs and Co., of Antwerp, on account of A. J. Forest—I found them to contain in round numbers
22 and 41 per cent, of phosphate of lime and 80 and 81 per cent, of fine meal respectively—the first was poor stuff as a fertiliser, the second was slag of first-rate quality—the next samples, Nos. 1521 and 1522, I received from the Drogheda Chemical Manure Company on August 25th of cargo ex Paradox on July 10th, sent by Edward Mullen, a sworn sampler at Drogheda—these were similar samples, but of coarse feature—they contained in round numbers, one 16 1/2 per cent, of phosphate and 72 per cent. of fine meal, the other 3 1/2 per cent, of phosphate and 71 per cent, of fine meal—that is not a merchantable fertiliser—the average percentage in a merchantable fertiliser is 38 to 45, and in a lower quality 30 to 35, but if it goes much below 25 it would be very difficult to dispose of when shipped, and anything like 16 would be practically unsaleable, and would not pay for the cost of transport—3 1/2 per cent, is absolute rubbish, and not worth moving—another sample, No. 1597, of cargo ex Paradox, contained 14 per cent, of phosphate and only 60 per cent, of fine meal—that was unmerchantable—No. 1513, cargo ex Marie Sophie, received on August 25th from Nieberding and Keefer, by Forest's request, contained 41 per cent, of phosphate and 80 per cent, of fine meal, or basic slag of the best quality—Mr. Hollingshurst subsequently handed me sample No. 1598, drawn at Antwerp and sealed by the Bureau de Control, and that cargo contained 15 and 14 8 per cent, of phosphate, as against the 41, and only 75 per cent, of fine meal, as against the 80—I have further samples handed to me by Messrs. Hollingshurst, described as having been drawn in Dublin from consignment ex Marie Sophie, which contained 18 per cent, of phosphate and 73 of fine meal—I cannot reconcile the samples sent by the prisoner's agents with those taken on behalf of the merchants, the former being so low as to be perfectly worthless, and which would only fetch a few shillings a ton—take, for instance, the sample No. 1489, received on August 18th from Nieberding and Keefer by order of Forest, and marked ex Germania, taken from 130 tons;' it contained 41 per cent, of phosphate of lime and 80 per cent of fine meal; No. 1599, received on September 6th, marked ex Germania, from 130 tons drawn for Cornelson on August 13th at Antwerp, and sealed by the Bureau de Control, Antwerp, contained 17 1/2 per cent, of phosphate and 17 and a fraction of fine meal; and No. 1274, from 200 tons of cargo ex Eliza H., received from Nieberding and Keefer on account of Forest, contained 41 per cent of phosphate and 80 per cent, of fine meal; whereas No. 1625, handed to me by Messrs. Hollingshurst, and marked "2,000 bags basic slag, ex Eliza H., Giani and Muller, Anvers, July 8th, sold G. M. Co.," contained 4 1/2 per cent. of phosphate and 27 per cent, of fine meal—that was labelled "Slag, best quality"—that is the worst sample of the bulk, and was practically unmerchantable—the proportion of phosphate of lime combined with fineness of grinding gives basic slag its manurial efficacy, but when the percentage dwindles down the cost of handling is so great that the value diminishes in a rapid ratio—the effect of the richer quality would, of course, be' more lasting, but some of this poorer material would be quite useless considering the cost of transporting it.
Cross-examined. The analysis takes about two days—the colour has
nothing to do with the quality, you can only get at the quality by analysis—the basic slag of 14 and 15 per cent would possess fertilising power, and might be used with some advantage on a farm within a few yards of its production, but would not defray the cost of carriage—basic slag is used especially on land exhausted by cultivation and sometimes almost destitute of life—I produce an analysed sample of basic slag ex Nellie, purchased by De Pass and Co., which I sent to Mr. Jacobs, and which contained 41 per cent, of phosphate of lime and 80 per cent of fine meal—that is the best quality.
JOHN HUGHES . I am an agricultural analytical chemist, of 79, Mark Lane—I have had large experience in analysing fertilisers—I produce three analyses of basic slag—one refers to a sample taken at Jersey in the presence of William Johnson, master, by Edward Voisin, notary public, of Jersey, from fifty sacks indiscriminately, for De' Pass and Co., 1, Fenchurch Street, London, E.C.—that yielded 5.57 per cent, of phosphate of lime—I agree with Dr. Dyer that slag showing so small a percentage of phosphate of lime is worthless for merchantable purposes—another sample from cargo ex Nellie; sent by Nieberding and Keefer from Antwerp, represented a percentage of 40 28—that is very good—another sample received from Boyd and Co., of Limerick, on account of Messrs. Hollingshurst, and purporting to have been drawn from the bulk of the cargo ex Germania on September 14th, 1902, contains 19 10 of phosphate of lime—that is of the minimum value—ordinary slag is sold containing 20 to 25 per cent, of phosphate—what is known as the Thomas phosphate contains 38 to 42 per cent, of phosphate—that is a merchantable quantity—I received from the Drogheda Company, from cargo ex Paradox, samples A, B, and C—A showed 15 28, B 14 62, and C 4 47—the latter is practically worthless.
Cross-examined. I do not know anything about how the samples were taken—this label states that this sample is taken from thirty bags, and the others from sixty and thirty respectively—some contents of those bags are mixed and the sample taken from that—the samples sent from Nieberding and Keefer contain 41 per cent, of phosphate, but the samples taken from the bulk are nothing like that.
ALFRED SIDSON . I am an analytical chemist, of 23, St. Mary Axe—I received from Dixon and Cardus, of Southampton, a sample of basic slag—this is my certificate of analysis of September 26th—the sample is labelled ex Eliza H.—the result of my analysis is 9 43 per cent, of phosphoric acid, equal to 2 58 per cent, of phosphate of lime, and 72 30 per cent, of fine meal.
CHARLES HENRY EST . I am manager to De Pass and Co., chemical manufacturers, of 1, Fenchurch Buildings—we carry on an extensive business in chemical manures—I produce a sale note of June 10th, 1902, for 100 to 130 tons of basic slag, containing 37 to 48 per cent, of phosphate of lime; the invoice, which shows 115 tons 18 cwt., and the bill of lading signed by the captain of the Nellie, and a till of exchange drawn by Forest, and accepted by Jacobs and Co. as agents, for £173 17s.—that was paid in cash on presentation—Forest, by his agents Nieberding and Keefer, sent one
sample to Dr. Dyer and another sample to Mr. Hughes—those have been spoken to by those gentlemen—when the cargo-arrived at Jersey we gave instructions for a sample to be taken in the presence of two witnesses by a notary, and I have the notarial seal showing that was done—one sample came by post—my brother took that one to Mr. Hughes—the other sample was also sent to Mr. Hughes—I tried to sell some of it—after getting the result of the analyses, I asked Forest for an explanation—I never had any—I refused to pay the remaining fourth of the price.
Cross-examined. The prisoner was locked up at that time.
Re-examined. This is the letter I sent to Forest complaining that the analysis showed only 5 57 per cent, of phosphate of lime.
WILLIAM HOLLIDAY . I am managing director of J. and G. Boyd, Limited, seed-mid manure merchants, Limerick—I contracted with Hollingshurst to buy basic slag containing 38 to 48 of phosphate of lime, to pay three-quarters of the price on bills of lading, and the remaining quarter on Dr. Dyer's certificate of samples of cargo carried by the Germania—the cargo arrived at Limerick on September 6th—samples were taken under my supervision—we took seven sacks out of the cargo from different parts; indiscriminately, and blended them—then we took two samples, one we sent to Mr. Hughes, the other we retained—in consequence of Mr. Hughes's analysis we rejected the cargo—it could be sold with difficulty—it is not merchantable, and not what we want, genuine stuff—the lowest percentage of phosphate of lime that we have sold would be 28 to 35.
GEORGE BROOKS . I am manager to Dixon and Cardus, Limited, seed crushers and chemical manure manufacturers, of Southampton—we contracted with Hollingshurst to purchase "200 tons of basic slag, guaranteed to contain 38 to 45 per cent, of phosphate of lime, agreeing to pay 75 per cent. in exchange for bills of lading and the remaining fourth on a certificate of sample—the first payment was made on the arrival at South-ampton of Eliza H.—I saw the ship discharged, and the goods stored in our warehouse—no other basic slag was there—within a few weeks of the ship's arrival, I believe in September, I had sealed samples, taken by Mr. Sandall, sent to Mr. Hollingshurst and to Mr. Sidson—as a result of the analysis received from Mr. Sidson I rejected the cargo because the analysis showed it was not half as good as I bought it for—it is no good for my business—it might be saleable at a very low price as a fertiliser.
JAMES H. SANDALL . I am one of the firm of Sandall Brothers, 79, High Street, Southampton, shipping agents and superintendents of cargo—on September 25th, on the instructions of Dixon and Cardus; of Southampton, I took samples of 200 tons of alleged basic slag lying in Dixon and Cardus's store, discharged ex Eliza H., from one in ten of the bags indiscriminately—I sealed a sample in the ordinary way and delivered it to Dixon and Cardus.
JAMES STONE I am master of the ketch-rigged sailing vessel Eliza H—I signed a bill of lading for 200 tons of phosphate in 2,000 bags—I conveyed it from Antwerp to Southampton, where I discharged it—it was delivered to Dixon and Cardus in the same condition in which I received it.
Cross-examined. I was by the ship the biggest part of the time while
the cargo was being loaded—I saw the samples taken on the quay in the usual way by borers before the bags were put into the hold—the stuff came by railway.
CHARLES MCKENNY . I am manager of the Drogheda Chemical Company, Limited—I contracted with Hollingshurst for the purchase of 400 tons of basic slag guaranteed to contain 38 to 45 per cent, of phosphate of lime—the slag was conveyed by the steamship Paradox—our firm paid 75 per cent of the price, in exchange for the shipping documents in a cross account—I watched the sampling—it was fairly done—I sent samples to Dr. Dyer and Mr. Hughes, and, as a result of their analyses, I rejected the cargo—before the analyses I found that the bags were defective—the cargo was perfectly dry—in consequence of correspondence Mr. Hollingshurst came over to Ireland—the analyses showed only 3 4 per cent. of phosphate of lime—we could not sell it—it was worthless to me—I called upon Hollings-hurst to take the cargo back—I issued a writ.
Cross-examined. I saw the cargo ex Paradox discharged on July 10th—the samples were taken during discharge from so many bags—the samples remained in our office for a time—the cargo was refused in the first instance on account of the branding of the bags not being as arranged—I repudiated the cargo as soon as it was discharged, and afterwards when I read the analysis, on the ground of the quality—I believe that was on August 21st—the contract provided for arbitration, and when I came to London for that purpose as to the bags, I was advised to send samples for analysis, when I found the quality was also defective, and I repudiated the contract on that ground also.
ALFRED ORR WATKINS . I am manager of the Irish Agricultural Society, 151, Thames Street, Dublin—they contracted for the purchase of 1,000 tons of basic slag guaranteed to contain 38 to 45 per cent, of phosphate of lime, upon the terms of paying 75 per cent, against shipping documents and the remaining 25 per cent, on analysis—200 tons were discharged from the Marie Sophie at Dublin in September, upon which I paid the 75 per cent.—I supervised the taking of samples, one of which was sent to Dr. Dyer—this one (Produced) was officially sealed and sent to Dr. Tichborne, of Dublin, and the other to Dr. Dyer—this one is labelled "Sample of Basic Slag, drawn from ship Marie Sophie by T. Rich"—he is our foreman—that is witnessed by Ned Kydd on September 13th, 1902—Dr. Dyer's analysis showed 8.36 of phosphoric acid and 18.25 per cent. of phosphate of lime—the cargo had been disposed of on the original shipping sample, but on the receipt of Dr. Tichborne's analysis I telegraphed to the purchasers, and I repudiated the deal—by arrangement the balance has been distributed among our customers—it is not a fertiliser in the sense in which we bought it.
WILLIAM RICHARD POWER . I am a director of P. and H. Egan, Limited, Bridge House, Tullamore, manure and general merchants—I contracted with Hollingshursts for the purchase of 300 tons of basic slag guaranteed to contain 38 to 45 per cent, of phosphate of lime, of which 200 tons were delivered on the terms of paying 75 per cent, on bills of lading and the other quarter on analysis—the cargo was discharged from the Marie Sophie at
Dublin, and samples were taken under my supervision and submitted to the analysis of Charles Cameron, the Dublin City analyst—they were a fair representation of the bulk—in consequence of his report I rejected the cargo, called upon Hollingshursts to remove it pay all expenses, and to supply a cargo according to contract, as the cargo by the Marie Sophie was not what I contracted to buy, but an entirely different thing, useless as a fertiliser, and we should not be able to sell it.
THOMAS PHILO . I have been subpoenaed to come here from the Laws Chemical Manure Company, of Seething Lane—our company contracted to purchase from Hollingshursts 150 to 170 tons of basic slag in July or August ex ship Cavalier, to be delivered in London on payment of 75 per cent. on bills of lading and 25 per cent. on analysis—the sample sent did not answer the description in the contract—we expected 35 to 40 per cent., and this was 19.93 in one case and 21.66 in another—we rejected the cargo and required its removal and the payment of costs—we have not paid for it, and do not intend.
Cross-examined. We are not prosecuting in this case—I saw Forest on September 20th at our office.
BERNARD DYER . I produce certificates of analysis of cargo ex Cavalier, showing 14.32 and 21.66 per cent phosphate of lime and 78 per cent. of fine meal—the sample sent by Nieberding and Keefer of the 145 tons showed 40 1/2 per cent, of phosphate of lime and 80 1/2 per cent. of fine meal—the slate-coloured portion was 19.93 per cent.
JOHN HUGHES . I produce certificates of analyses showing 19.93 and 28.14 per cent. of phosphate of lime and 82.85 per cent. of fine powder in the cargo ex Cavalier—the gravity is excessive and the brown appearance of the powder is caused by about 4 per cent of finely-ground bricks—the other has a slate-coloured appearance.
Cross-examined. I analysed two samples—my analysis refers to one.
WILLIAM JOHNSON . I am master of the Nellie sailing ship—I live at 132, Mersey Street, Hull—the Nellie was chartered by J. J. Jacobs and Co., and loaded with a cargo of basic slag, or black phosphate, at Antwerp for Jersey, where I delivered it in the same condition as I received it—I was present when samples were taken by the purchasers, Messrs. De Pass and Co.—I saw them placed in bottles and signed my name in verification, upon the labels.
JOB TYRREL . I am a master mariner and captain of the Marie Sophie—in August I loaded at Antwerp 400 tons of basic slag for Dublin—I was chartered by Beatson and Co., of Dublin—200 tons were for delivery to the Irish Agricultural Society in Dublin, and 200 tons for Patrick and Henry Egan, Limited, of Tullamore—I conveyed the cargo to the port of Dublin and delivered it to the consignees in pursuance of the charter party and bill of lading in the same condition as I received it.
GEORGE KARON . I live in Upper Street, Arklow, County Wicklow—I am master of the Germania—in August last I loaded at Antwerp 230 tons of basic slag, which I carried to Limerick for delivery to J. and G. Boyd, Limited—I delivered the cargo in the same condition as I received it—I was chartered by Hartley and Co., of Wicklow.
ARTHUR VERHAAGAN . I live at Antwerp—I speak English—I am one of the firm of Cornelson and Co., of Antwerp—I also carry on business at Rotterdam and Hamburg—we are superintendents of cargoes—I received instructions from Hollingshurst to take samples of cargoes ex Germania and the Sophie Marie—I sent the firm's foreman to take the samples—Forest has been in my office—he wrote me a letter and objected to our taking samples—I wrote to him in reply, but he prevented my taking samples, and wrote me this memoranda of July 10th in reply to mine of July 6th—(This was correspondence in which the witness pressed to be allowed to take samples and Forest declined to allow him to do so.)—we were prevented, but we took the samples without the prisoner's knowledge from the Germania and the Marie Sophie—we sealed them with our own seal and sent them to Hollingshursts.
Cross-examined. I also conversed with Forest about taking the samples, when he said the bags had been examined and they were all right, and he hoped there would be no further difficulty, and then he asked me whether I would undertake the work and at what price I would work for him, so that all difficulty would be avoided.
ALPHONSE VANDER MEYDEN (Interpreted.) I am foreman of Cornelson and Co., of Antwerp—by their instructions I took samples of cargoes ex Germania and Marie Sophie, helped by a clerk—it came to the vessels in lighters, and I took portions from a large number of bags—Forest knew of it, but he would not take samples with me—I saw him twice—I closed the bags and gave the samples to Verhaagan.
Cross-examined. There were 300 to 400 sacks—I took some samples from each barge—Forest was not always there—he came and stayed a short time.
HENRY COX (City Police Inspector.) I received a warrant at the Mansion House on September 22nd—about one o'clock that day I saw Forest in Fenchurch Street—I said, "Is your name Forest?"—he said, "Yes"—I said, "I am Inspector Cox of the City Police; I hold a warrant for your arrest"—Mr. Jacobs, who was with him, interpreted—he replied, "It is a false accusation"—he was conveyed to the Minories Police Station—he was brought up the following day—Jacobs was in Court—I have not seen him since.
Cross-examined. I have no warrant for Jacobs—I received the warrant at 11.30 on September 22nd—I was sent for from 26, Old Jewry.
The prisoner, in his defence on oath said that he was present when Nieberding and Keefer, who were licensed samplers, look the samples from the Germania and Marie Sophie cargoes, and that all the samples he received from his agents he believed to be correct, and he never meddled with them; that they were taken from the bulk; that he never gave presents, except a cigar, to the captain; that he was willing to employ Verhaagan to do his sampling, and asked 'him what his price was; that he paid 25 centimes a ton to the licensed samplers; and, after hesitation, and being directed by his Counsel, he gave the manufacturer's name and address as Fache
Vauden, Abeele, Gand; that there had been complaints and actions in respect of slag supplied to Fouarge through Ronveau and Latour; and that he dealt through Jacobs because he had no banking account; that he kept books; and that he had no intention to defraud.
GUILTY . Nine months' hard labour.
NEW COURT.—Tuesday, October 28th, 1902.
Before Mr. Justice Jelf.
MR. HUTTON Prosecuted.
FREDERICK BLYTON (Not sworn.) I am seven years old, and go to school at Haggerston—before going to the workhouse I remember my mother taking me out—we first went to Hackney, and then by omnibus to Charing Cross—at Charing Cross she asked a lady the way to the water, saying that she wanted to drown herself and me, too—the lady told her not to be so stupid—a policeman came up and took me to the workhouse, where I stayed the night—next morning my mother took me away and we went to a park by the river—in the evening my mother lifted me up and showed me the river, and told me I must go in—I said I did not want to—she then took me down some steps to the water—we went up again and walked a little way along the embankment, and then went down the steps again—she told me again that I was to go into the water, but I cried and said I did not want to—a gentleman then came down and took me away to the water police.
THOMAS DICKINSON . I am a jeweller's polisher, of 15, Herne Hill Road, on September 10th, about 7 p.m., I was walking along the Victoria Embankment towards the City, on the side by the water—when about fifty yards from Cleopatra's Needle I heard a scream from a child—I looked round, but could not see anything, and walked on till I came to the steps—I looked down the steps and saw a woman and a child just on the edge of the water—the child was standing between the river and the woman, "in front of her—I went down the steps and hard the child say, "I do not want to go in the water"—as I approached the woman put out her arm and said, "Go on"—I pushed her aside and clutched the child—I asked her what she was doing, and she said, "We are both going in; do let me do it"—I said, "Don't be so stupid"—she said, "It is a wicked world, and it will be better for us both to be out of it"—I took them up' the steps on to the Embankment, and we all three walked to Waterloo to the police station—they were both very wet, it was pouring with rain.
Cross-examined by the prisoner. You were not coming up the steps when I went down—you had your back towards me—you did not say, "come on," but "go on."
GEORGE HOLLANDS (Thames Police Inspector.) On September 10th, at 7 p.m., I was on duty at Waterloo Pier Station when Mr. Dickinson brought in the prisoner—he told me in her presence what he had seen—she replied, "My head has been very bad; I have been very ill; 'I did not
think I should come to this"—she was then charged with attempting to murder her child; she made no reply—the steps on the western side of Cloepatra's Needle are known as the Adelphi Steps—it was nearly high tide, with 12 or 14 feet of water—the tide would be strong outside the steps, but where the steps went into the water there would be a strong eddy tide—at low water the mud Is visible.
LUCY BERTHA BLYTON . I am eighteen years old and a daughter of the prisoner—my father died in November, 1901, leaving my mother some money—since then she has token to drinking heavily, and I have had to call in Dr. Aldrich to her—she has often told me that she would drown my brother Freddy.
Cross-examined. I do not know anything about you being robbed of any money, or of your home being broken up.
By the COURT. Mother was greatly upset by father's death—she was very fond of Freddy.
ALBERT FOSSEY (Thames Police 126.) On September 10th, about 7 p.m., I was on the Victoria Embankment near Waterloo Bridge—Mr. Dickinson came up to me, and in the prisoner's hearing told me what had happened—I took her to the station—she was charged, but made no reply—she was sober, but seemed a bit dazed.
The prisoner's statement before the Magistrate. "I should like to say that I quite altered my mind on those steps, and that I was coming up. I thought you could not punish people for evil thoughts but only for actions. I have not done anything. Although I have drank heavily I have not been convicted, and I think if people have not been convicted they ought to have a chance given them."
The prisoner, in her defence on oath, said that since her husband's death in November things had been very unhappy in her home; that she was taken great advantage of, and that things and money had been stolen from her; that her daughter was very untruthful to her, and that those things preyed upon her mind; that when she went down the steps to the water she meant drowning herself and her boy, but that she had altered her mind, and was coming up again when Mr. Dickinson interfered. '
FRANK GLADSTONE ALDRICH . I am a registered medical practitioner, of 49, Mount Pleasant Road, Clapton—I have been the attendant of the Blyton family for eighteen months or two years—I first attended the prisoner on June 1st this year—she was suffering from chronic alcoholism, bordering on delirium tremens—she told me that she desired to drown herself and her boy and daughter—I should describe her as an habitual drunkard.
LUCY BERTHA BLYTON . Since November mother has continually been the worse for drink—she is not so bad now as she was—once she was taken to the North London Police Court, and was the worse for drink the same evening she was liberated.
GUILTY . Judgment respited for her consent to enter a home.
NEW COURT—Wednesday, October 29th, 1902.
Before Mr. Justice Jelf.
NOT GUILTY .
For the case of Greener and Frost, tried this day, see Surrey cases.
THIRD COURT —Wednesday and Thursday, October 29th and 30th, 1902. For the case of Fairbank and Foster, tried on these days, see Essex cases.
OLD COURT.—Monday, Tuesday, Wednesday, and Thursday, October 27th, 28th, 29th, and 30th, 1902.
Before Mr. Justice Bigham.
MR. MUIR and MR. A. GILL Prosecuted; MR. BIRON and MR. FRAMPTON
JANE MACWHINNEY . I am engaged at the Knightsbridge Post Office—I was on duty there on Saturday, July 19th, and Monday, July 21st—nobody on those days applied for a letter addressed in the name of Brown-john—the other ladies engaged at the post office are in attendance here.
WILMOTT CAVE . I have no occupation, and live at Norton Curlieu, near Warwick—I know the prisoner—I first saw him at the end of May or the middle of June at Hyde Park Barracks, Knightsbridge—it was about 10 p.m.—I passed the time of day with him and inquired about some signallers returning from South Africa—he was not able to give me any information—we arranged to meet a few evenings later when he thought he might be able to give me the information I wanted—I was to meet him by the Yorkshire Grey in Piccadilly at 10 p.m.—I do not remember the date—when we met we went into the public-house, and I gave him a flask of port wine as he had a cold—I walked with him to Hyde Park Corner, and gave him a few shillings when I left him—I wrote to him on two or three occasions afterwards—he told me his name and I told him mine—I do not remember when I gave it to him—I told him my nick-name was Billy, and I also told him my real name—I do not recollect how I signed my first letter to him—I got a reply from him, I think, the next day, making an appointment to meet at the Wellington Statue, at Hyde Park Corner—I met him there—we walked down to Piccadilly Circus—that was at 10 p.m.—I parted from him about an Hour later at Hyde Park Corner—I gave him a small bottle of port wine and two shillings—this was all before July 14th, on which date I wrote a letter to Corporal Duffield, who is in the 1st Life Guards, to Hyde Park Barracks, which were the same barracks that the prisoner was quartered at—he was also in the 1st life Guards—I wrote that letter from Norton Curlieu—on July 15th I went to stay at King's Lynn, and from there I wrote to the
prisoner on July 16th or 17th—I got a reply from him on the 19th—it was torn up at once—it was only a few lines saying he was glad to hear from me, and that he would be on duty as corporal the following week, when he would be able to give me the information I desired about the signallers—I got the blackmailing letter, which is dated July 17th, on the 19th at King's Lynn—it was addressed to Norton Curlieu and forwarded to me—at first I did not recognise the writing—I thought afterwards it was similar to the prisoner's—besides Duffield and the prisoner there was nobody I had written to at Knightsbridge Barracks.
Cross-examined. I do not remember whether the prisoner or I spoke first when I first saw him—my first letter to him was after I had only seen him once—I do not recollect whether I signed that letter"Billy" or "W. Cave"—I signed my letter to Duffield with "Billy," as I regarded him as a personal friend, and I had known him for a long time—I only knew the prisoner through trying to get information about Duffield—I may have said when I gave evidence before that I came to regard the prisoner like a friend—I cannot recollect how much money I gave him altogether; it might have been 5s., it might have been 10s.—I may have given him £1, but I do not recollect—he never asked me personally for money—in my letter to the prisoner on July 16th or 17th I think I said that on June 29th I was coming out of the Paxton, in Knightsbridge, when a man accosted me and said he was just going into the barracks and wanted a drink for the morning, which I refused; that he became very violent and used insolent language, so I hailed a Hansom and drove off, as I was alarmed—I may have told the prisoner my name when I first met him, I do not recollect doing so—I knew a Corporal Ellwell—he has left the regiment now—he was in the 1st Life Guards—I have written to him, but not for nearly a year—I only know one or two soldiers in the 1st Life Guards—I have never written to them—they may have known my name—I know a number of soldiers in other regiments in the Line, Cavalry, and Militia—those I knew knew me perfectly well.
Re-examined. I did not notice if my name was properly spelt on the letters I got from the prisoner.
GEORGE PURVIS . I am a trooper in the 1st Life Guards—on Sunday, July 13th, I was a corporal, and I was orderly corporal for the week beginning July 13th—on Wednesday, July 16th I was reverted to the ranks, and so ceased to be orderly corporal—it was then my duty to hand over all the papers relating to the orderly corporal's duty to my successor, who was the prisoner—if letters from men who are away come into the squadron it is the orderly corporal's duty to take possession of them—I had such a letter during my week's duty, addressed to Corporal Duffield, who is away—I took it from the squadron letter-box on the 14th—when I gave up my duty to the prisoner I put it into the writing-pad in his room—it was a pad similar to this one (Produced)—the other regimental papers in charge of the orderly corporal were also in the pad—I put them there about 6.30 p.m.
Cross-examined. The prisoner was not present when I put the letter in the pad—nearly all the troopers who sleep in his room were present—
two-stripe corporals sleep in rooms with about twenty troopers in each, and it was in one of those rooms that I left the letter—if anyone came to see any of the twenty troopers they would go to that room—in the ordinary course of things I should have remained acting as corporal until the Sunday—a different corporal acted on the Thursday, Friday, and Saturday, and the prisoner commenced his duties on the Sunday—when I handed the letter over to the prisoner it was in an envelope, which was closed—it did not appear to have been opened.
GEORGE PICKIN . I am a corporal in the 1st Life Guards—on Thursday, July 17th, I took over the duties of orderly corporal for the day—I received the papers relating to the duties, from Corporal of Horse Gregory—I received a letter-pad with the papers in it—I did not receive any letter addressed to Duffield.
Cross-examined. Gregory had only acted as orderly corporal during the evening of July 17th—I do not know where he got the letters from.
Re-examined. I do not know if I took over any papers from the prisoner.
HARRY BOARD . I am a corporal in the 1st Life Guards—I did a day's orderly duty on July 18th—I took over the papers in a small pad from Corporal Pickin—there were no letters in it—I handed all the papers over to Corporal Holmes on the Saturday morning.
Cross-examined. I went up to Pickin's room, and the letters were handed over to me personally, and I did the same thing when I gave them to Holmes, who has a small room to himself called a bunk—the prisoner, Pickin, and Purvis had not rooms to themselves.
CHARLES HOLMES . I am a corporal in the 1st Life Guards—on Monday. July 14th, I saw a letter which had arrived by post that day addressed to Duffield—it was put into the squadron box in the ordinary way—on Saturday, July 19th, I took over the papers and duties of orderly corporal from Board—there was no letter among them to Duffield—I had a pad similar to the small one handed to me—on Sunday morning, the 20th, I handed over the papers and duties to the prisoner—that was the beginning of his regular week of duty—there was no letter to Duffield among the papers I gave to the prisoner.
JOHN HENRY BAKER . I am squadron corporal-major in the 1st Life Guards—on July 16th, Purvis, having been reverted to the ranks, I gave the orders to the prisoner with regard to his duties being taken over—he acted as corporal that day—I have a good knowledge of his writings—his writing appears in this Squadron order-book, under the date of July 16th—all the orders for that day are in his writing—I produce an application for leave in the prisoner's writing, dated July 21st, and an ammunition certificate—to the best of my knowledge this letter to Gave is in the prisoner's writing.
Cross-examined. When the Jury disagreed at the former trial an expert in handwriting was called—the prisoner had a good character in the regiment.
ALFRED DEACON (Detective Officer.) I went to Knightsbridge Post Office at 8 a.m. on. Tuesday, July 21st, with Detective Backhurst—I was there before the post office opened—we relieved each other in keeping observation
on the post office right down till Thursday—on July 24th, at 7.10 p.m., the prisoner called at the office—I saw him go to the counter and ask if there was a letter for Brownjohn—I saw Miss Bannister hand him one—he did not open it—I came out just in front of him—he was in uniform—I told him I was a police officer and said, "Is your name Brownjohn?"—he said, "No, my name is Corporal Kay, I am fetching it for another man, a friend of mine; it was owing to a conversation I overheard, I do not know his name; in fact I would rather not bring him into it"—I told him I should take him to the station, where he would be charged with stealing a letter to Corporal Duffield—on the way he said, "I thought I had a right to keep it as I am orderly corporal. Anyone could have read the letter, it has been handed over from one orderly corporal to another until the edges were so worn that there is no envelope left"—at the station he was going to make a statement—I cautioned him, and he said, "It is like this, one night I was standing at the barrack gate, Knightsbridge, when a gentleman spoke to me and said, 'Have you anything to do to-night?' '—I said. 'No.' He bought a bottle of whisky and asked me to go to the Hippodrome, and we went. I—"—and then he suddenly stopped and said no more.
----Backhurst (Detective Officer.) I was on duty alternately with Deacon at the Knightsbridge Post Office to see if anyone came for a letter addressed to Brownjohn—no one came while I was there.
STEPHEN GUMMER (Detective Inspector). On the night of July 24th I saw the prisoner detained at Walton Street Police Station—I said, "I am a police inspector, you will be charged with stealing a post letter belonging to Corporal Duffield, and further sending a letter to Mr. Cave demanding money by menaces"—he said, "You will find the letter in my box, I want you to get it and have it read"—the charge was then formally taken and read over to him—he made no reply—I went to Knightsbridge Barracks and found a box with the prisoner's name on it—it was unlocked in my presence, and in it I found the letter to Duffield—there was no part of an envelope apparently belonging to it.
THOMAS HENRY GURRIN . I am an expert in handwriting and have been giving evidence for the last seventeen years upon the comparison of hand writing—I have seen this application for leave, also an ammunition certificate, and also the specimen admitted to be in the prisoner's writing, including the entry in the squadron order book—I have compared those with the threatening letter, and my opinion is that the letter to Mr. Cave is in the same writing, disguised by being written vertically instead of at the usual slope. (The witness then pointed out the similarities in the different documents, and drew attention to the capital "D's," the "S's," the small and capital "e's," the "g's," the "c's," the "w's," the capital "P's" and B's," the "M's," the "H's," and "R's" and also to the manner in which the dates are written, as 17: 7: 02.)
Cross-examined. There is nothing very eccentric about the writing—I should not attach importance to any word by itself; children taught by the same master would write alike at first, but as soon as the hand gets command over the pen it gets its own little peculiarities—there is as much
difference between ninety specimens of writing taken out of a school as there is in the same number taken from grown-up people—in almost every case writers have alternative ways of making particular letters—I have not had experience of what soldiers do, I suppose they are taught writing—I do not know if there is a strong resemblance in soldiers' writings—I have examined that book and I do not see any resemblance between the writing there—a conclusion drawn from a comparison may be incorrect—the only way of forming an opinion as to whether two handwritings are alike is by comparison—it is possible that that method might lead the person using it into error—I do not know if an ordinary person recognises writing as he does a face—I think one would look for all the peculiarities in a face—I do not profess to be an expert in identifying people—experts may be mistaken—there probably have been some distinct cases in which they have been mistaken—I gave evidence in this case last Session—since then I have given evidence in a court-martial at Aldershot—that was a case of Corporal Scott, of the Army Service Corps, who was charged with sending two abusive letters to Earl Roberts—I had before me proved specimens of his handwriting, and I compared them with the letters which it was suggested he had written to Earl Roberts—I said in that case the writing was disguised—I did not suggest that it was Scott's writing which was disguised—I said it was a case in which there was suspicion and not sufficient evidence to convict—it was on my evidence that the man was acquitted—I believe Mr. Inglis was called and said the other thing, but I was not in court—I presume he is an expert in handwriting—I know he has given evidence on one or two occasions during the past two or three years.
Re-examined. I have examined the writing of corporals in this book—they are all clearly distinguishable—the dates July 16th and 21st are written in the same way, 21, then two dots, then July, then two dots, then 02 and a full stop.
The prisoner's statement before the Magistrate. "I commenced my duties as orderly corporal; I took them over from Corporal Purvis. Amongst the other papers was this letter from Mr. Cave-; it had evidently been carried about a good deal. The edges were worn and the writing exposed. On Sunday week two men, (I know one named George Brown-john, whose photograph I have, and the other named Sperrin), came to my room where I was doing orderly corporal and saw this letter and commented upon it. I thought no more of the matter, my duties as orderly corporal confining me to barracks one week. Sperrin called for me one day. I went down and saw him. He asked me if I remembered meeting him in Piccadilly when I was walking with Mr. Cave I said,' Yes.' Sperrin said that Brownjohn had written to Mr. Cave demanding money for the letter he saw on my table. I asked him if he was certain, and he said Yes, it is to be sent to Knightsbridge Post Office in his own name.' He said he supposed Brownjohn would call for it. I said I should see what I. could do. I obtained permission to leave the barracks and went to the post-office to see if there was a letter, and if there was, to sign for it in my own name. Then I intended to return the letter Mr. Cave had written
to Duffield, and any reply I might get at the post-office, because he was a friend of mine."
The prisoner, in his defence on oath, repeated his statement before the Magistrate, and added that on Sunday, July 20th, he went up to the troop-room and found Sperrin and Brownjohn reading the letter written to Duffield, and laughing over it; that he was very angry, and took it away and put it in his box; that Brownjohn said, "I wish I had that letter, if I had, it would mean money to me, but it is of no use now locking it up because it has been read and the contents are pretty well known"; that he did not know any more of the letter till Sperrin told him that Brownjohn had written a blackmailing letter to Cave; that he went to the post office because he wanted to get the letter to return to Cave; that he did not know anything about the blackmailing letter, and that Brownjohn must have written it. The prisoner received a good character.
GUILTY — Three years' penal servitude.
HENRY EDWARD WILLIAM HOFFMEISTER . I am a registered medical practitioner, and practise at East Cowes, Isle of Wight—Dr. John Bates Hoffmeister is my uncle and William Hoffmeister is my father and also a medical man—I do not know the prisoner—I do not know the name Enrita Hoffmeister except from seeing it in the paper—my name and the names of my relatives whom I have mentioned appear upon the register.
ROBERT DOUGLAS DOBIE , M.R.C.P. England, L.S.A., M.D. I am medical officer on the Teutonic—my name is on the register—this signature is not mine—I do not know of anybody named John Charles Leas, as shown on this death certificate—I do not know the prisoner—I have never been in partnership with him—I did not authorise anybody to sign this certificate.
WILLIAM BRUCE GORDON HOGG . I am Coroner for the County of Middlesex—on July 8th I held an inquest on the body of Elizabeth Burden at Willesden—amongst the witnesses called was the prisoner—he was duly sworn, and I took down what he said—I have my note here: (Read) "I reside at 288, Chapter Road, Willesden. I am Dr. Edward William Hoffmeister, Doctor of Medicine, Member of College of Surgeons. I am a registered medical practitioner. I have a partner, Dr. Dobie, who is registered and qualified. There is a doorplate with our names, as described by Mr. Burden. He asked me to see his wife. I found her suffering from inflammation of the bowels. I ordered a nurse, prescribed for her, and ordered poultices. I thought her very ill on July 2nd, the day I saw her. She gradually got worse. On Friday, July 4th, the friends, not husband, wished consultation. I agreed. I went to Dr. Bardsley and gave him my card, Dr. Hoffmeister. He refused to come or meet me. He said I was not registered or qualified. I said to him, and now swear, 'I am both.' He looked up Medical Directory. My name is not there.
That does not prove I am not qualified and registered. I have practised for some time in Willesden. The patient had inflammation of the bowels. (Recalled after Dr. Bardsley's evidence to Jurymen); I swear I am qualified and registered. I don't know why Dr. Bardsley would not meet me: I was quite willing for consultation, and I withdrew from case for benefit of Mrs. Burden"—we allow professional witnesses a special fee for attending at an inquest—the prisoner applied for and received £1 1s. for the evidence he gave on that occasion—I reminded him good-humouredly that I should bear the cost if he was an unqualified man, and asked him if he would swear that he was a qualified man, and he answered "Yes"—the Court had not risen then—I gave him the £1 1s., and he signed, "Edward William Hoffmeister," and this is the receipt.
EDWARD BURDEN . I am the husband of the deceased—some two or three months before last July she called my attention to a growth which existed in her left groin—I felt it quite often—it was intermittent, as it could be displaced by my own manipulations—otherwise my wife was in very good health—about June 27th or 28th it would be possible to find the growth occasionally, and at the end of that month, by means of manipu-lation, I caused it to disappear—on July 2nd, as far as could be seen my wife was particularly well and bright—I left the house about 8.30 a.m. and returned about 6.30 p.m., in consequence of a message—I found my wife in bed—she said she was in great pain and pointed to her abdomen—she said she could not account for that particular pain—I said we must at once send for someone—I did not examine her myself then, but went off at once to the prisoner's house at 286, Chapter Road—there was a plate on the gate and another on the door—these are the ones (Produced)—at the time I went into the house I believed the prisoner to be a properly-qualified man, as those letters indicated—I saw the prisoner, and told him of my wife's condition—I said she had a lump on her left groin—I did not say that it disappeared from time to time—within a few minutes he came to my house and saw my wife, who was in bed—he examined her with his hands by feeling her stomach and bowels—my wife had her nightdress on—I take it that the prisoner placed his hands over her night-dress—there was no examination while I was there with his hands under her nightdress—I did not say anything as to how I had treated the lump—I remained in the room two or three minutes—the prisoner remained much longer—I think my wife's mother was there the whole time—when the prisoner came out of the room I saw him—he said he had diagnosed the complaint as inflammation of the bowels—I referred to the growth on the groin, and said, "Has it anything to do with that?"—he said that that was simply the swelling of the glands, a thing which was peculiar to men and women especially when they were fatigued or had mental anxiety, and he attributed the inflammation to a chill which my wife had taken, in going to meet her children in the rain the day previous—the prisoner did not tell me what treatment he proposed—that was about 7.30 p.m.—he left then and returned about 10 p.m. and saw my wife—I am not quite sure if I was present then—he left, and came again about twelve, and remained till one o'clock—he brought a medicine chest with him, and gave my wife
some medicines—when he left he said that in consequence of the medicines he had administered he thought my wife might have an increase of pain during the night, and that if he was wanted he instructed me how to call him—I was with my wife the whole night from then—after the prisoner left she seemed very much better there was less pain, and she spoke of being able to get up by Sunday—about 2.30 a.m. there was a serious change—she had intense pain, and was most restless, and insisted upon getting up and walking about with my assistance—then was a very strong desire to evacuate the bowels, unsuccessful in every attempt—there was much straining on her part to do it, and inability—that lasted for some considerable time, and I then went to the prisoner's house—I called him through the speaking-tube, and he followed me home in about ten minutes—that was about 3 a.m.—I explained my wife's condition to him—we went into her room—he had a medicine chest—he asked for some water and he administered some medicine from the chest mixed with the water—my wife immediately vomited the medicine—further doses were administered with the same result—that vomit was succeeded later on by the vomit which we see in bilious cases, and subsequent to that there was vomiting of foecal matter—I have no recollection of seeing the prisoner examining the vomit—he left then—between 5 and 6 a.m. and almost immediately after the prisoner left, my wife became very restless again, and insisted upon getting out of bed and trying to relieve the bowels—we got her back to bed, and the pain became more intense than before—her body was twisted in agony—she was unconscious, and called out, "Take me out of the water, take me out of the water! Oh, I am so cold, take me out of the water"—her condition was so serious I felt I could not leave her to fetch the prisoner, so I sent my son—he came very quickly and administered more medicine from the same chest—she again vomited, then quieted down as before, and the prisoner left again—about 9.30 a.m. he came again—we did not then talk about what he was, but in the early morning when we had an opportunity of conversing then he spoke of his qualifications—I wondered why a gentleman of hid qualifications should be settling down in Willesden Green—he then told me he was a consulting physician to a hospital in the City, he was a Master of Surgery and D.C.L., as well as a degree with reference to a sanitary institute—at the nine o'clock interview he spoke of a partner, and said he was sending him to do the hospital work in order to enable him to give my wife more attention—I took his partner to be Dr. Dobie, having seen that name on his door-plate—between 2 and 3 a.m., he had said a fully-trained nurse should be obtained, and it was eventually decided he should procure one, and at his nine o'clock visit he told me he had wired for the nurse, and that she would be in attendance at 10.30—between 9 and 9.30 my wife was much quieter, with less pain, but vomiting occasionally—the prisoner came again about 10.30 with the nurse—they came into the room, and the prisoner indicated that in consideration of my wife's serious condition it would be absolutely necessary for everyone to be excluded from the sick-room, including myself—I acted upon those instructions, and I did not go into the room till about 10 a.m. next morning
—about 5.30 p.m. on Thursday, the 3rd, I saw the prisoner—I think I said, "Why is there this foecal matter?" and the prisoner said he had now discovered that my wife was suffering from gall stone, that there was a possibility of a stone passing from the bladder into the bowel, and would be causing an obstruction and the offensive vomit—he said everything was being done that medical skill possibly could do, and that she was in a very satisfactory condition—he said he should like to call in his partner, and asked if I should object—I said, "Bring in your partner by all means, and any other medical man, if it is necessary"—I was leaving the house on the morning of the 4th and the nurse called me back and said, "You can just peep round the door, if you like, to do so"—I did so, and saw my wife lying in bed—she seemed quite calm, but when she caught sight of me she became excited, and I went to her—I left the house, and did not return till about 4 p.m.—I went straight into my wife's room—the nurse was being relieved, but a sister was in the room—my wife appeared to be in great agony, and vomiting—the same offensive odour was there—the nurse returned, and the prisoner came about 5 or 5.30—I saw him, and he said everything was satisfactory—he said the bowels had been relieved in a satisfactory manner, a thing which he had been trying to bring about for some considerable time, and that my wife's condition was very much more favourable than at any other time, that there had been a change in the vomit, and that he had, through his extra efforts, during the day, secured some of the vomit, which he had taken away and given to his partner; that his partner was so much surprised at it that they had decided to send it to the Royal College of Surgeons or some society for analysis—he then suggested that I should see it before he sent it away, and asked me to meet him at his house about eight o'clock that night—he said my wife was certainly better, and others in the house were given to understand the same thing—I went to the prisoner's house about 8 p.m. with two members of my wife's family—I saw the prisoner—he produced a bottle of the vomit—he described it in technical terms, and said it was so vile in its character that if it was taken it would poison a dozen people—up to that time I had had absolute confidence in the prisoner—there had been a discussion as to calling in other medical advice, and my friends had accompanied me in order to broach the subject to the prisoner—he readily agreed that some other medical man should be called in, and my brother-in-law's doctor was suggested, that is Dr. Bardsley—the arrangement was that the prisoner should go himself to Dr. Bardsley and bring him to the house—I returned to my house and saw the nurse—I did not see my wife then—the nurse gave me a note and asked me to take or send it to the prisoner—I handed it to the prisoner—he read it and said, "Tell nurse I will be there in ten minutes"—I returned home, and in about ten minutes I was followed by the prisoner—he went into the sick-room, and remained there five or ten minutes—he came out and said to me that in consequence of the change which had taken place he did not feel justified in waiting for Dr. Bardsley, and asked me to take his card and go to Dr. Bardsley and ask him to come down and meet him there—I went to Dr. Bardsley and gave him the prisoner's message and card—
Dr. Bardsley did not return with me—on my return I saw the prisoner and told him Dr. Bardsley would not come, the reason being that Dr. Bardsley had heard that the prisoner was not a qualified man, and could only come if the prisoner would give up the case or otherwise wait upon Dr. Bardsley himself and assure him he was on the Medical Register—the prisoner said he would wait on Dr. Bardsley himself, and he left the house saying he would be back in twenty minutes—he returned in a short time and said in consequence of his having practised in South Africa Dr. Bardsley would not recognise him—I said, "But surely you pointed out to Dr. Bardsley that you are on the English Register?"—he said, "Yes; but notwithstanding that he will not recognise me, and in order that the patient should have attendance I will retire from the case"—he did not say any more except to request me to pay the nurse and meet his account when he sent it in—he then left, taking the things which belonged to him—within a short time Dr. Bardsley arrived, and a short time after his arrival my wife died—I should think it would be about ten o'clock, but the time is uncertain.
Cross-examined. My wife had been taking medicines for some months, but she had ceased for some time just before the prisoner came to attend her she had not been taking heavy doses of Epsom salts just before he came, to my knowledge—en the first occasion that the prisoner came I think he made a careful examination—there was no shrinking from the prisoner's touch, but my wife was in pain all the time—there was considerable prostration when the prisoner was first called in—I was pleased with the manner in which the prisoner was attending my wife, and I commended him—he appeared most willing when I suggested having another doctor in.
ARTHUR PEARSON LUFF , M.D., F.R.C.P. I am physician to St. Mary's Hospital and lecturer on Medical Jurisprudence there—I have read the depositions in this case very carefully—I have been present during the examination of Mr. Burden—this is my report: (This stated that the cause of death was evidently strangulated hernia followed by rupture of the intestine owing to the strangulation not being relieved; that the bowel had become strangulated on the afternoon of July 2nd, and was allowed to remain in that condition until death took place about fifty-three hours afterwards; that if the strangulation had been recognised within twenty-four or thirty-six hours of its occurrence, as it undoubtedly could have been by anyone possessing ordinary medical skill and knowledge, and then treated according to the recognised method for so common an occurrence, the life would almost certainly have been saved; that the methods of treatment of strangulated hernia are first to attempt to push back the strangulated gut by pressure, and if at the end of half-an-hour such pressure should prove unsuccessful in the reduction of the strangulation, to perform the operation of dividing the tissues which have strangulated the gut; that this operation if performed within twenty-four hours of the strangulation is a safe one, and is always followed by relief of the strangulation and of its accompanying distressing symptoms; that the signs and symptoms of strangulated hernia were extremely well marked in the deceased's case, and could not have escaped easy recognition by any qualified medical man; that they were
according to the statements of witnesses, sudden illness accompanied by severe pain, a swelling or lump, in the groin, rapid increase of abdominal pain, restlessness, desire to evacuate the bowels accompanied by great straining, vomiting, the vomited matter becoming faecal in its character apparently within twelve hours of the commencement of the symptoms, and the vomiting and great agony on July 4th, when the strangulated gut was evidently becoming gangrenous, and when rupture of the intestine was probably occurring; that the non-examination by the prisoner of the lump in the groin except through the nightdress, the assumption that it was merely swelling of the glands, although he was informed at the first visit that there had been a growth in the groin four or five days before the illness came on, and which a little pressure would cause to disappear, and its treatment by the prisoner by poulticing, displayed an entire ignorance of the rudiments of medical knowledge; that the ignorance displayed by the prisoner is further shown by the view he adopted that the deceased was passing gallstones of sufficient size to cause obstruction of the bowels; that the diet and medical treatment employed by the prisoner were quite unsuited to the case, and were further indicative of his ignorance of the treatment of such a case; that in the witness's opinion an operation would have saved the deceased's life, and that it could have been successfully performed on July 3rd and probably on the 4th; that at the time Dr. Bardsley was called in it was too late to attempt operative interference, or reduction of the strangulation by pressure as the deceased was then in a dying condition; that he had examined the medicine chest found when the prisoner was arrested and which was identified by Dodd; that it contained in Group I.: Bicarbonate of soda, carbonate of bismuth, bromide of potash, sal volatile, tincture of perchloride of iron, essence of peppermint, and alletris cordial; Group II.: Tincture of nux vomica, tincture of ergot and tincture of belladonna; and that the drugs in Group I. would do no good in a case of strangulated hernia, whilst those in Group II. would be positively 'harmful since they would increase the intestinal movements, and so aggravate the condition as well as cause in creased pain).
Cross-examined. Tenderness would be an indication of inflammation of the coats of the bowel, as well as a certain amount of prostration—if the inflammation was severe there might be constant vomiting and constipation—under those circumstances milk would be a proper diet—if she was suffering from inflammation to the ccats of the bowel the diet described by Miss Dodd would be a proper one with the exception of the cornflour.
Re-examined. A lump in the groin is not an indication of inflammation of the bowel—it only occurs in one condition and that is hernia—the eyes should be employed in an examination of this kind, and the hand should be employed to push the lump back into its position—a desire to be relieved accompanied by straining, and that followed by the three characters of vomit, are not indications of inflammation of the bowels—strangulated hernia is the most common obstruction of the bowels which is met with—manipulation is the only treatment anyone knowing the condition of things would undertake.
By MR. HUTTON. The vomit from a person suffering from inflammation
of the bowels and sickness and constipation would not be of a faecal kind unless there is obstruction—with inflammation of the bowels there is nearly always diarrhoea—I should be very surprised to find faecal vomit from a person suffering from constipation—there must be an obstruction in the gut to produce faecal vomit—for constipation to produce faecal vomit it would have to extend over some weeks, and there are no cases I can call to mind which are recorded—if the bowels were blocked up for some weeks it is possible it might occur, but I do not know of such a case.
Wednesday, October 29th.
MARY DODD . I am single, and live at 36, Loring Road, Isle worth, and am a nurse—my training was in a fever hospital—I had known the prisoner for some time before July—at the beginning of July we became engaged to be married—he told me he was a registered medical practitioner—in consequence of a telegram on July 3rd, about 10 a.m., I went to Mrs. Burden's house—as long as the prisoner attended her he described what she was suffering from as inflammation of the bowels—under his direction I gave her milk, white of egg in water, boiled cornflour, and milk and lime-water—during that day and the next she had very great pain in her abdomen—there was faecal vomit—I think her temperature was 100, but the chart was destroyed—on the second day her temperature went down to 97, which is one point below normal—I saw a growth in her groin—I called the prisoner's attention to it on the first day—he said it was only an enlarged gland—on July 4th about 5 p.m., she changed for the worse—she continued to get worse and about 8 p.m. I sent for the prisoner—this medicine chest (Produced) is his and he gave the deceased medicines from it—I do not know what they were—this certificate and this ledger are in the prisoner's writing.
Cross-examined. I have been trained 3 1/2 years—I am twenty-five years old—the prisoner did not inject brandy into the deceased—as far as I could see he gave her every attention he could.
JOHN CHARLES MARCHANT . I live at 66, Chapter Road—the deceased was my sister—on July 3rd I saw the prisoner at my sister's house—I asked him how she was and he told me she was very ill—I asked if I could see her—he said no—I then asked if I could call in another doctor, and he said no, it was not necessary—about 8 p.m. on the Friday I went with my brother-in-law to the prisoner's house—I was talking to him about calling another doctor in—he said another doctor would not come at that hour of the night—I said he would if he would take my card—he said he would go himself, and if she died before he came he would sign the death certificate as heart failure.
Cross-examined. My wife and my mother first suggested that we should have another doctor—on July 3rd I told my brother-in-law that I thought there ought to be another doctor, and he said that the prisoner had told him that it was not necessary—my brother did not tell me that the prisoner was always willing to have another medical opinion—I went on July 4th to Dr. Bardsley before the prisoner went—I told the prisoner I should go—he said he would go himself, but he did not go until after my brother-in-law went and found that Dr. Bardsley would not come.
JAMES BASSETT . I live at 292, Chapter Road, Willesden, and am a builder—I know the prisoner as Dr. Hoffmeister—on September 29th, 1901, he took No. 288, Chapter Road, from me, and also a surgery at No. 286.
PERCY COX BARDSLEY . I am a registered medical practitioner, of 36, Dean Road, Willesden Green, and a Graudate of Arts of Surgery and Medicine at Cambridge—on July 4th the prisoner called on me, about 9 p.m., and desired me to meet him in consultation over a serious case—I refused to go on the ground that he was not registered—I only knew definitely that he was practising in my neighbourhood two or three days before this case came off—I had heard a rumour of it a fortnight before—he told me he was qualified, but admitted that he was "not registered—I told him I could not come—I got a message about a quarter of an hour later that he had given up the case—I went and saw the deceased—she was in a dying condition—I examined her—she was suffering from strangulated hernia.
Cross-examined. She had some congestion at the place where the stricture was—I made a post-mortem examination—the prisoner's treatment for inflammation of the internal coat of the bowels was not correct—I said at the police-court that the prisoner's treatment for a kind of inflammation of the bowels was correct—that was peritonitis—that is the inflammation of the external lining of the membrane of the sac in which the bowels are.
Re-examined. In this case I should think that the hernia was impossible not to diagnose—I should say that the symptoms in this case compelled a correct diagnosis, and that no qualified man could have mistaken them.
FREDERICK CLEVELAND (Detective Sergeant). At 1.45 on September 21st I went with Sergeant Fowler to 4, Park Road, Whitton—I saw the prisoner—I asked him what his name was—he said, "Herring"—I said, "I know you under the name of Hoffmeister; we are police officers, and I have a warrant for your arrest"—he said, "With what does it charge me I should like to have it read"—I read the warrant to him—he replied, "I will reserve my defence, I suppose anything I say will be used as evidence against me?"—I said, "Yes, for or against you"—we conveyed him to Harlesden Police Station—on the way he said, "This is through ignorance, I told a lie, and yet it was true"—he was charged and asked his name—he replied, "Henry John Herring,-no occupation."
Cross-examined. I got the warrant on September 3rd.
Re-examined. We were looking for him from September 3rd to September 21st—we did not find him in Mrs. Chapman's house.
GUILTY . Five years' penal servitude.
MR. COHEN Prosecuted.
HALLMAN GARDINER (194 G.) On September 27th, about 7.30 p.m., I was called to 5, Clerkenwell Close—I saw Mrs. Salisbury and her sister, Miss Lewis, there—Mrs. Salisbury was sitting in a chair unconscious—in consequence of what I was told I administered a cup of salt-and-water as an emetic—the salt was on the table, also this bottle and cup—I do not know if the tea things were laid—the bottle has on it "Meat and Malt Wine"—it was empty, but it smelt strongly of carbolic—I only remained in the room a few minutes—I carried the woman downstairs and conveyed net in a hansom cab to St. Bartholomew's Hospital—I saw the prisoner there—I did not see him before that—I told him I should take him to the King's Cross Road Police Station, where he was charged—I was present at the inquest on the body of Mrs. Salisbury.
Cross-examined by the prisoner. I did not see you downstairs with the cab—when I came downstairs there were a lot of people at the door—you may have been there.
ROSE LEWIS . I live at 2, Scotwood Street, Clerkenwell—the deceased was my sister—she had been married to the prisoner twelve years last August Bank Holiday—on Thursday, September 5th, I went to see them at 5, Clerkenwell Close—the prisoner was sitting on the bed drunk—he said to my sister, "Why don't you get up and do something, you dirty thing, instead of sitting there doing nothing?"—she said, "I cannot do anything while I am dirty, why don't you come and help me?"—he said, "Yes, I will help you"—he took up a knife and went towards her—I said, "Ted, put it down," and I took it away from him, and I went away—on Saturday, September 27th, I went there again, between 7 and 7.30 p.m.—my sister was sitting against the chest of drawers undressing a child—the prisoner was sitting on a chair—he was a cab-driver, but he lost his licence, and he has been a coachman since, doing odd jobs—there was no food in the place when I went in, and there had been no fire for three days—he said to her, "Poll, let me have my tea"—she said, "I have got no tea, there is no tea in the place"—he said, "I will have my tea," and picked this bottle (Produced) off the table where all the tea things were—I knew what it contained because the deceased had had two children taken away with fever, and she had the bottle with a disinfectant—the prisoner got hold of the deceased, he put his right arm round her neck and picked up the bottle with his left hand, and said, "I will pour this down your throat, I have threatened you enough times, I will do you this time"—he did not put the bottle to her mouth but quite close to it—the bottle was uncorked—I snatched it away from him, and upset some of it over the child's frock—I pushed the deceased back on the bed, and while I was quarrelling with the prisoner the deceased took the stuff herself—I said to the prisoner, "You have gone mad; why do you do it?"—he said, "I don't want no say with you, I will put you over the banisters"—my sister said, "Rose, I have done it"—and when I turned round she was white round the mouth, and was putting the cup on the table—I had noticed the cup before that—I had not seen the deceased put anything into it—I had not spoken to the prisoner for three years because he had
threatened me—I never went there when he is at home—I then said, "Look at her, Ted, what has she done; will you go for help?"—he said, "No, Jet us sit here, she won't die, she is too wicked to die"—I asked him to go for my brother, but he would not—my brother came in and threw the prisoner down stairs, and asked him twice to go for a cab—my sister was unconscious—a policeman came upstairs and my sister was taken away—she died about half an hour afterwards—the prisoner fetched the cab.
----RICHARDS (Sergeant G.) About 10 p.m. on Saturday, September 27th, I saw the prisoner at King's Gross Road Police Station—I told him I had received a statement from his sister-in-law, and I read it over to him—he said, "What is there is a volume of lies, I know nothing, whatever about this. I came into the room as usual to have my tea. I said, 'Poll, have you got a cup of tea; get it ready.' I said then, 'What is the matter, are you queer?' She said,' I have taken poison.' I did not have my tea; she seemed funny. I slung my hat and coat up. She said, 'I have taken poison.' I said, 'What have you took?' She said, 'I have taken some carbolic.' I said, "Do you mean it?"She seemed funny. She said, 'I have not got much halfpence.' She knew what I gave her on the Monday night. I said, 'Do you feel funny?" She said, 'Yes. I said, 'Get up some salt and soda, I am going to make you sick.' I went for a cab, and she was taken to the hospital. If her brother and sister had let me make her sick she would have been alive how."
The prisoner, in his defence on oath, said that when he got home the deceased was sitting in a chair near the fire and her sister was standing by the door: that the deceased said she had taken poison; that he was going to give her some salt and water when her brother came in and slung him out of the door, when he went for a cab to take her to the hospital; that he did not put the bottle near his wife, nor did he see it until he was in Court on Monday.
NOT GUILTY .
MR. KERSHAW Prosecuted and MR. MATHEWS Defended.
ELLEN WORMS . I live at 11, Portpool Lane, Holborn, and am a jeweller's assistant—on Saturday, October 4th, I was in Leather Lane all the evening—I have a rabbit stall there—I knew the deceased and his wife—I saw them outside a sweetstuff shop—the deceased was advising his wife to go home—they had both had a drop of drink—I saw the prisoner and Mr. Tomkins and Mr. Marks come out of the fish shop—Tomkins said, "That is love," and the other men laughed—the deceased and his wife could hear that—Marks and the prisoner were going into the public-house when the deceased ran after them and caught hold of Marks' sleeve and said, "Were you laughing at me? I will serve you the same, way as he served his wife"—they stood arguing—the prisoner was in the doorway of the public-house, and not far from the deceased and Marks—the prisoner said to the deceased, "What is the matter with you, we are not interfering with you"—the deceased said, "What is the matter with you, you are not the champion of England"—the prisoner hit the deceased a punch on the side of his face, as far as I could see—the deceased
staggered back, and then fell—the police came up—the deceased fell between my stall and another one.
Cross-examined. The deceased fell on the asphalt, his head was on the kerb—the deceased and his wife were the worse for drink—Mrs. Thomas hit Marks and the prisoner, after her husband had been knocked down—Marks threw her under my stall—I did not see the deceased pull the prisoner's coat as well as Marks'—I did not see the prisoner move his hand as if to push the deceased's hand away from him—I heard the prisoner say, "Why don't you go away, we have not done anything to you"—Marks pulled his arm away when the deceased caught hold of it, but he did not push the deceased—it was not then that the deceased fell—I have not talked this case over with a good many people—the deceased was not staggering drunk.
MARGARET THOMAS . I live at 17, St. James's Walk, Clerkenwell—the deceased was my husband—on Saturday, October 4th, I was in Leather Lane with him—I keep a stall there—I saw the prisoner with Marks—I was speaking to my husband when the prisoner and Marks went by—they laughed—my husband said, "Don't make a laughing-stock of me," and went and caught hold of the prisoner, who struck him in the face with his fist—it was a very terrific and powerful blow—my husband fell down—he did not regain consciousness—Marks caught hold of me and threw me under a rabbit stall—that was after the prisoner had knocked my husband down.
Cross-examined. I was not the worse for drink—I was not quarrelling with my husband—we were as happy as the flowers in May, we never quarrelled—it would be untrue to say that I had not had any drink, but I was not the worse for it, nor was my husband—he did not rush up and catch hold of Marks—I struck the prisoner when he struck my husband, and I also struck Marks—he had not got his glasses on then—I did not see my husband stagger.
THOMAS CONELLY . I live at 18, Cowcross Street, and am a caretaker—on Saturday, October 4th, I was in Leather Lane about 9.30 or 10 p.m.—I saw the prisoner there with Marks—they were both strangers to me—I saw the deceased and his wife there having some words with the prisoner and Marks—I saw the prisoner strike the deceased on his face with his hand, which I think was closed, and he fell to the ground—I was about three yards from them—I went into the George because I did not wish to be mixed up in a row—I did not think it was so serious.
Cross-examined. I did not see the deceased catch held of Marks—I saw Mrs. Thomas catch hold of Marks after the occurrence—I did not see the deceased catch hold of the prisoner—they were having some words—I did not see enough of the deceased to say if he was sober or drunk—he did not stagger when he fell—there was not a crowd there then—a crowd gathered afterwards—I am now committed for trial here—the allegation against me is that I offered to sell my evidence to the prisoner's brother.
JOHN GIBSON (In custody). I live at 28. Trinity Buildings, High Street. Borough, and am a labourer—on October 4th I was in Leather Lane—on that day the prisoner and the deceased were strangers to me—I saw some
people outside a public-house—the prisoner was there having an altercation with the deceased—Marks was there, rowing with the deceased—I did not see the deceased do or say anything to the prisoner, but the prisoner knocked the deceased to the ground—I paid my attention to the deceased—the prisoner and Marks walked away—the deceased was taken away by the police—he fell on the right side of his face—he received a deliberate blow—he went clean off his feet, he did not stagger—I gave evidence at the police-court on the Monday.
Cross-examined. I saw no argument between the prisoner and the deceased—I cannot say what happened before I got there—I did not see the deceased catch hold of the prisoner or Marks—I did not see the prisoner push the deceased away; I should say the whole thing took about five minutes—the deceased and Mrs. Thomas had had some drink—I will not say if I went to see the prisoner's brother on October 6th—I did not offer my evidence to the prisoner's brother if he would make it worth my while—Conelly was in my company that afternoon—I will not say whether I went with him to the prisoner's brother—I was arrested with Conelly upon information given by the prisoner's brother.
KATHERINE HICKSON . I live at 2, Union Buildings, Leather Lane—on October 4th I was in Leather Lane at my stall, which was next to Miss Worms' stall—I had never seen the prisoner before that night—I knew the deceased and his wife—I saw them that night about 9.30—the deceased was advising his wife to go homer—they had had a drop of drink—they were not very drunk—I saw the prisoner, Marks, and Tomkins pass—Tomkins said, "That is love"—Marks and the prisoner laughed—the deceased ran after them and said to the prisoner and Marks, "Are you laughing at me?" as they were going into a public-house—Marks said, "We ain't laughing at you, Johnny; I will see you to-morrow when you are sober"—they got jawing together—the prisoner said, "What is the matter with you, we have not interfered with you; don't you interfere with us"—the deceased said, "You are not the champion of the world"—the prisoner said, "No more are you," and hit him—he staggered and fell down on the side of his face—I could see quite clearly what took place—then the police came up.
Cross-examined. I did not see the deceased put his hand on Marks or on the prisoner—I did not see the prisoner pushing the deceased away from him.
By the COURT. When the deceased was running after the other men he was wild with them—he was not making for them at the time he fell, he was arguing with Marks.
PATRICK FITZGERALD . I live at 20, Verulam Street, King's Gross Road—on October 4th I was in Leather Lane in the evening near the George—I know the prisoner, as well as the deceased and his wife, who were arguing the point with Marks—the deceased and his wife were talking together before that—I do not know what about—I saw Marks pass the deceased and his wife—I did not hear anything said—I saw the prisoner give the deceased a punch in the ear—he staggered and fell—then the police came.
Cross-examined. I know Tomkins—he was in the public-house when
the blow was struck—the deceased and his wife had had some drink—I do not know if they were drunk—the deceased did not catch held of Marks or of the prisoner in my presence—the prisoner did not push the deceased away that I am aware of—the deceased staggered and fell on the back of his head—that was the result of the blow.
PATRICK MANNING . I am a porter and live at 39, Hatton Wall—on October 4th I was in Leather Lane, packing up a stall about ten yards from the George—I saw the deceased, whom I knew, talking with his wife—I saw the prisoner—I did not know him before—he was with Marks—I could not hear their conversation—I saw the prisoner strike the deceased with his right hand on his head—I cannot say if his fist was clenched or not—the deceased fell down—Mrs. Thomas came up and said to the prisoner. "What have you done to my husband?" and the prisoner pushed her back and she fell backwards.
Cross-examined. I did not notice the deceased stagger before he fell—I saw him walking rather quickly after the prisoner and Marks—I should not call it running—the deceased said, "You have been laughing at me," or something like that—he was annoyed with them.
FREDERICK HOWARD . I am a tailor's salesman, and live at 18, Cow Cross Street—on October 4th I was in Leather Lane—I saw the prisoner and the deceased having an altercation—I saw Marks there, I did not see Tomkins—I did not hear any of the conversation—I was walking along the lane—I saw the prisoner strike the deceased in the face with his clenched fist, and knock him to the ground—he did not stagger—then the police came.
Cross-examined. I did not see the deceased following Marks and the prisoner—I did not see him catch hold of the prisoner or Marks.
WILLIAM CHAMBERLAIN (Police Inspector E.) On October 4th, about 9.55 p.m., I went to 91, Leather Lane—I saw the prisoner there—I said to him, "I understand you have just knocked a man down in Leather Lane"—he said, "That is right, I acted entirely on my own defence; the man and woman were trying to fight me and my friend, and I pushed them away"—I said, "The man seems to have received a very serious injury, and you will have to accompany me to Gray's Inn Road Police Station"—he did so—I went to the Royal Free Hospital to make inquiries—on October 6th the deceased died, and the prisoner was charged with manslaughter—he said, "I am sorry, I acted entirely on my own defence."
FRANCIS IVANS . I am house surgeon at the Royal Free Hospital—on Saturday, October 4th, about 10 p.m., the deceased was brought in—I examined him—he was partially unconscious and bleeding from his left ear—there was no bruise to be seen then at the time, but you could feel a lump there—there was a bruise at the back of his head which could have been caused by a heavy fall or by a blow from a fist—he died at 5 a.m. on the Monday—I performed a post-mortem examination—he had a fractured skull, and there was hemorrhage underneath the membranes of the brain—that was the cause of death—the deceased was a healthy man.
Cross-examined. The deceased smelled strongly of alcohol on his admission to the hospital—the bruises were quite near to each other—if he had
fallen on some uneven surface the bruises might have been caused by one fall.
The prisoner, in his defence on oath, said that the deceased, who was drunk, came up to him and pulled his coat and stood in a fighting attitude, that he pushed him off and he fell, and that he acted entirely, upon his own defence.
NOT GUILTY .
MR. BODKIN and MR. KERSHAW Prosecuted; MR. SANDS Defended.
WILLIAM CHAMBERLAIN . On October 4th I learned of an injury having been received by John Thomas, and that he was at the hospital—I took Alfred Jacobs into custody, and on Monday morning I heard of the death of Thomas, and Jacobs was charged with manslaughter—I took the ordinary steps to collect the witnesses—Gibson was among them—he came to the police station on the Saturday night, and he was warned to attend Clerkenwell Police Court on the Monday—he gave evidence, and Jacobs was remanded until the following Monday—Gibson's deposition was concluded on that day, and he signed it—Conelly came to me outside the police court that morning and said, "I can give evidence against Jacobs"—he was called that morning—after the remand I saw the prisoners outside the Court, and warned them to attend on the following Monday—I told Conelly he would receive a summons from the Coroner's Officer to attend the inquest, which was held on the 10th and concluded on the 15th—Conelly gave evidence on the 15th, not on the 10th—Gibson was in custody.
Cross-examined. I did not hear Conelly give his statement to the solicitor—all the witnesses called were not in Court on the 6th—the only witnesses I had in my charge were the two prisoners and Howard—I have not been making any inquiries as to Gibson's character.
BARNET JACOBS . I am a general dealer, and live at 19, Court Street, E.—on Monday, October 6th, I was present at Clerkenwell Police Court when my brother Alfred was charged with the manslaughter of John Thomas—on that day I did not know the prisoners, but I saw both of them at the police court that day—my brother was remanded on bail, with sureties—that evening I went to my brother Alfred's house at 204, Mile End Road—I saw my brothers Alfred and Michael, a man named John Nicholls was there also—he is no relation—a Mr. Wagner was there and others—we were all in the sitting-room upstairs—about 9.30 I heard a knock at the door on the ground floor—I went downstairs and Nicholls and Wagner followed—I opened the door and saw the prisoners—I said, "What is your business"Conelly said, "We have come down here concerning a case of manslaughter, which was heard at Clerkenwell Police Court to-day; we are both witnesses, and we could do with a bit of money; we will keep our mouths shut, as dead men tell no tales"—Michael came down and I pulled his coat, and told him to fetch a policeman—he went out—Conelly seeing me pull my brother's coat and seeing him go away, attempted to run away—I got hold of Kim and closed the gate at the top of the passage—Gibson said, "I say what Conelly says, if you give me a bit of
money I will keep my mouth closed as well, as dead men tell no tales"—he said that before Michael came down—a constable came and I told him in the prisoners' hearing that they had come demanding money in reference to a case of manslaughter which occurred at Clerkenwell Police Court in which my brother was concerned—the prisoners said they had been brought in it, or something like it—my brother Alfred had given his address when he was at the police court.
Cross-examined. My brothers house is about eight yards down an alley—there is no lamp there—I do not think the prisoners knew me—I was taking no part in the police-court proceedings—I had gone to my brother's house to console him—the prisoners were standing side by side at the door—I swear that Gibson was there—I know a man called Woolly Isaacs by sight—I do not know where he lives or what his profession is.
Re-examined. I never lost sight of Gibson after he said what he did, until he was taken into custody—I did not see Isaacs that night.
HENRY FULCHER (48 H. R.) About 9.30, on October 6th, I was called to 204, Mile End Road—I saw the prisoners and Barnet Jacobs there—Jacobs said. "These men," pointing to the prisoners, "have come here and demanded money in reference to a case of manslaughter at Clerkenwell Police Court to-day"—I said to Conelly, "You hear what he says"—he said, "Yes"—I said, "You will have to come to the police station with me"—he said, "All right, I have been drawn into this innocently, I thought there was a chance of getting a little bit, and I came"—at the station he said, "I have been drawn into this"—Gibson made no reply.
Cross-examined. I should say neither of the prisoners had been drinking—the entrance to 204 Mile End Road is down an alley—there is a gate, which was closed—there were six or seven people in the alley when I went down—the prisoners were near the door of the house.
ARTHUR LEDGER (50 J. R.) I went with the last witness to 204 Mile End Road—I saw Gibson there, and was told by Barnet Jacobs that he had come to his house asking for money and he would keep his mouth shut in a case of manslaughter at Clerkenwell Police-Court—after he was charged he said, "It is a trap for me, I was led into this."
HENRY SOLOMON WAGNER . I am caretaker at the Jewish Board of Guardians in Middlesex Street, and am Alfred Jacobs' uncle by marriage—I went to 204 Mile End Road on October 6th with my wife—I heard a knock at the door and I went down with Barnet Jacobs, Nicholls followed us—the prisoners were at the door—Conelly said to Jacobs, "Are you Mr. Jacobs"—he said, "I am Mr. Jacobs' brother"—Conelly said, "We have come down here in reference to a charge of manslaughter which was heard at Clerkenwell Police Court to-day; we have come down here to see what we can get as a dead man cannot tell tales-"—Gibson said, "Dead men tell no tales"—Michael Jacobs left the house and two or three minutes afterwards a policeman came—the prisoners said they would make the case against Alfred Jacobs ever so much lighter.
Cross-examined. Conelly said they would make the case much lighter before Michael came down—I went downstairs because I wanted to get some fresh air—Conelly tried to get away, and we shut the gate—there was a
great crowd outside the gate—I had never seen the prisoners before that evening.
MR. SANDS submitted that there was no case to go to the Jury as the prisoners had committed no offence, that the Count was bad, and the mere expression of an intention to commit a crime is not an offence, as it could not he said that Barnet Jacobs had attempted to bribe or persuade the prisoners not to give evidence. MR. JUSTICE BIGHAM ruled that the indictment was good, as it did not allege that the offence was committed by Jacobs, but that it alleged that the crime committed was asking him to commit an offence. The prisoners then withdrew their pleas and PLEADED GUILTY, and the Jury returned a verdict to that effect. Discharged on recognisances.
Before Mr. Recorder.
758. ALFRED FURBANK and JOHN FOSTER, Conspiring together by false pretences to defraud the Walthamstow Urban District Council of £5 2s. and other sums. Foster was also charged with, being a servant of the Council, having unlawfully concurred in making false entries in a book belonging to them.
BENJAMIN FRANCISCO BRYCE . I am assistant clerk to the Walthamstow Urban District Council—Foster was engaged by them on January 26th, 1900, as road foreman:—he left the"Council's service on June 28th last—afterwards the Council became aware of the condition of these sheets which I produce, Exhibits Nos. I to 20, and which I have compared with the accounts sent in by Furbank as contractor, dated May 14th and June 11th and 30th, the first two of which have been paid by cheques drawn by the cashier, those accounts having been examined by the accountant and submitted to the Council for payment—they bear the stamp "W. G. Berry," the accountant—I also produce cheques dated May 14th and June 11th, which purport to have been endorsed by Furbank—the two accounts purport to have been receipted by him—the sheets show the number of hours—four sheets were sent in for May 7th showing 29 hours—three sheets are correct—there is an overcharge of 8 1/2 hours in the four sheets for that day—No. I is disputed—the sheets bear the initials "J.F" of Foster, whose duty it is to initial them to certify the correctness of the hours charged—the two sheets for May 9th show 17 1/2 hours, one of which as to 9 hours is challenged—on May 15th two sheets make up 17 hours, one of which of 8 1/2 hours is disputed—of the two sheets for May 16th, for 8 1/2 hours each, both are disputed—of two sheets for May 22nd, for two horses, 17 1/2 hours, one of 8 1/2 hours is disputed—of two sheets for May 23rd, for 9 and 8 1/2 hours, the 8 1/2 hours is disputed—of two sheets for May 26th, for 17 1/2 hours, that for 8 1/2 is challenged—of two sheets for May 28th, 18 hours, one for 8 1/2 is challenged—on May 30th one sheet for 8 1/2 hours.
is disputed—the same on June 6th, that is Exhibit 11, and 11A is put in for comparison—those two sheets show 17 hours—of three sheets on June 9th showing 25 1/2 hours, one of 8 1/2 hours is disputed—of two sheets on June 11th, for 17 1/2 hours, one is disputed of 8 1/2 hours—on June 13th the 9 1/2 and the 9 hours charged are disputed in the two sheets—also the 8 1/2 hours on June 17th—on June 18th, of two sheets making 13 hours, 8 1/2 are disputed—on June 19th, of 17 hours charged in two sheets, one sheet of 8 1/2 is disputed—on June 20th, of two sheets, one of 8 1/2 hours is disputed—and on June 24th, of two sheets of 17 1/2 hours, one sheet of 8 1/2 hours is disputed—Exhibit 14, one sheet for June 13th should be for June 12th—of the two sheets of 8 1/2 hours each, 8 1/2 hours are disputed—all those charges included in the two accounts of May 14th and June 11th have been paid—they amount to £5 2s.—the account for June 30th claims £3 8s.—all the accounts purport to be initialled by Foster as certified—all these sheets belong to the District Council.
Cross-examined by MR. GILL. I have had nothing to do with these sheets—I have only been through them for the purposes of this case—I have not examined the time-sheets in the possession of the Council, and upon which the accounts are paid—I had nothing to do with the accounts in June or July—the counterfoils of the time-sheets show the hours—these matters never come before me for the purposes of examination—I have a knowledge of procedure—I have acquainted myself with the facts of the case—I received my information from the Council's officials—I can speak of the accountant's department—I have prepared minutes for the Council's meetings, and attended them—the 17s. charged on May 14th is for 17 hours at 1s., and is included in the £5 2s.—suspicion was first aroused by the surveyor's attention being drawn to the dirty condition of the sheets, inquiries were made, and we found that persons could swear that some of the work charged was not done—there are counterfoils of time-tickets in all cases—Furbank has lived in the district many years—I do not think he was asked to explain—the sheets contain the names of the carmen—they remain in the Council's possession—the timekeeper, who knows Foster's writing, will be called—one timekeeper manages the cartage and another the manual work—I came into the inquiry about August—I have not examined the counterfoils of the time-tickets—eight or ten contractors were employed by the Council in May, June, and July—the timekeeper acted on the authority of the road foreman, Foster, and made the tickets out on his instructions.
EDWIN MORLEY . I have been surveyor to the Walthamstow District Council three years—they employ a number of labourers and horses and carts also contractors to do carting work, selected by the road foreman, who in this case was Foster—the road foreman supplies the contractor with sheets similar to these produced, which contain columns for places where anything is carted from, time of departure, sender's signature, the place where the material is to be taken, the time of arrival, the receiver's signature, and a description of the materials carted, and at the top a blank to put in the name of the owner of the cart, and a space opposite the words "Carman's name"—the sheet is headed "Cartage Sheet," and is the
property of the Council—the sheet should be filled up by the contractor's carman—in many cases, where practicable, they are initialled by the Council's gangers or district sweepers on the roads—men are allotted to each district—when filled up the sheet should go to the time keeper, who is a witness—in No. 1 (Produced) "8 1/2 hours" is put in by the road foreman, Foster, and these are his initials—he allocates the work to the different parts—the figures and the letters in blue are placed there by the timekeeper, who relies on the certificate of the road foreman—in practice, the sheets usually come back to the road foreman before they pass to the timekeeper—the twenty sheets produced are initialled"J. F." by Foster, which indicates that he certifies that work as having been done—the number of hours are stated on each sheet by Foster—I know his writing—that is not in accordance with the practice, which is for the carman to fill it in—the body of the document should be in the carman's writing—they should reach the road foreman at the end of the day—he should hand them to the time-keeper, George Basham, who issues tickets like these produced, having a filled-up counterfoil in the book—if the time-keeper received a sheet certified by Foster it would be his duty to make out a ticket, or the ticket may apply to two or three sheets—the custom is to include all the work done by one contractor, in one ticket—the contractor's account, which he sends in later, should be in accordance with the counterfoiled tickets—there was a counterfoil and a ticket in respect of all this work—the Council have from time to time hired a team from Furbank—that was so in May and June—Foster engaged him—all the men on the roads were under Foster—he was furnished with a vehicle to go about the districts and supervise what was going on—he had charge of all the gangs of men working, and inspected the sweepers' work, and got information from the gangers, to whom he would refer for the hours, and not to the contractors' men—he would be guided by the initials of the ganger or other official of the Council, on the sheets—these sheets Nos. I to 20 are not filled up in the ordinary way—No. 11A is except that it is not signed by the road foreman—that is not disputed—the other sheets produced which are not disputed have the initials of the gangers—the disputed sheets are not filled up in detail—two of the undisputed sheets produced are filled up by carmen in detail—Foster left the service of the Council on Saturday. June 28th, having given a month's notice—shortly, afterwards my attention was directed to some of these sheets—I noticed that the sheets were wholly in the handwriting of the road foreman, Foster, and that they appeared to have been disfigured—there are dirty marks upon them, which show that they are not bona fide, but that they are purposely disfigured—11a, which is genuine, shows that it has been folded up and placed in the carman's pocket, and does not correspond with those produced and Nos. 7 to 20, which are initialled only by the road foreman, who has also put the number of hours in each case and there is matter on each sheet which appears to be in Foster's disguised writing—take, for instance, in No. 5, of May 7th, there is "Five loads scavenging "'on the right of the sheet—I say the same person has written it, but in a disguised writing—that is picking up the material scraped and collected by the
side of the road to be carted away—that work was done by the Council's own men—the same roads are mentioned in their sheet No. 21, of May 7th—it is not usual to employ a contractor where the Council's men are engaged—the same remark applies when one compares the other sheets produced; the contractor would not be employed on the same roads or to do the same work as the Council's men—that is the case where Fur-bank's carman, Lowndes, is mentioned—the same work which these sheets show the Council's carmen did, could not have been done by Fur-bank's carmen on the same day—the carman's name appears on the sheet to prevent two sheets being put in for the same carman—it is also useful in checking the account.
Cross-examined by MR. GILL. The contractors may make out their bills from the time tickets; I did not tell them to do that, it was not my business—from twelve to twenty contractors are employed—the sheets were checked by the road foreman and handed to the time-keeper—the system now is not the same—the road foreman has in practice entered the names of the contractor and the carman—gangers are expected to initial where it is possible or get someone to do it for them if they cannot write, but the majority of the men can write—the system is still the same with regard to that—Furbank has been a working man—he now has a number of carts, and does other than the Council's work—he may take his entries from the time tickets if he accepts them as accurate—I believe the evidence is that Furbank made up his accounts from the time-tickets—in these bona-fide sheets the road foreman's signature is not put except at the commencement of the day—it should have his initials—that is an irregularity—Foster's writing is well-known—I have said before to-day that some of Foster's writing was disguised—I am not sure that I said so before the Magistrate—you will find it on the disputed sheets—the rest of his writing is natural—the road foreman ought not' to fill up the sheets in the morning, but merely head them to indicate where he wanted the work done—the total number of hours are entered by the road foreman later in the day—this one refers to carting sand, the number of loads is put on, but every load is clearly indicated, and there are the signatures of the sender and the receiver, and the hour it is sent off and the hour it arrives—that is filled up and properly explained by the road foreman—I do not think Foster was asked to explain the sheets.
Cross-examined by MR. RANDOLPH. Foster was engaged by the Council about two years ago—he came with good testimonials, leaving another employment to better himself, and leaving the Council to obtain a still better situation—the Council gave him the good testimonials produced—it was not my duty, and I never asked him to explain the disputed sheets—Furbank contracted for the Council for some years, long before Foster was road foreman—Furbank horsed the Council's vans, as well as supplied horse and van us other contractors do—I mentioned before the Magistrate the disfigurement of the sheets—my deposition was read over—I was given to understand by the Magistrate that that information could not be taken—I do not remember mentioning the disguised writing—the timekeeper on seeing too much of Foster's writing should have declined to issue a time-ticket on it—we do not make a charge against him; possibly he took Foster's word—
other dirty sheets were passed, but they are not disfigured on the face in the same manner.
Re-examined Having other work than the Council's the contractor must keep books—the Council did not know of the condition of these sheets when they gave Foster the testimonial.—(The testimonial was addressed to the Fulham District Council and dated June 7th, 1901, and gave Foster a high character for 2 1/2 years, stating that he had carried out his duties with great skill and zeal in a population of about 100.000.)
GEORGE GANDY . I am a carman, of Forest Road, Walthamstow—I was employed by Furbank in the beginning of this year for about five months—I left him in June last—I worked from time to time on-work connected with the Walthamstow Urban District Council—my name appears on Sheet No. 8 as carman—on that day, May 26th, I was not employed on the Council's work, nor on May 28th, on Sheet No. 9—I say the same with regard to Sheets No. 12, for June 9th; No. 13 for June 11th; No. 13, for June 14th; No. 17, for June 8th; No. 18, for June 19th; No. 19, for June 20th; and No. 20, for June 24th—I do not know Mr. Halfhedge, of Hale End—I do not know Halfhedge's shoot nor English's shoot, nor anything about the shoots mentioned in Nos. 12 and 13
Cross-examined by MR. GILL I was in Furbanks regular employ at weekly wages of 24s.—one horse was lame in May and June, with a sprained hock, when the work was done by another carman for about ten or twelve days or a fortnight off and on—I did ordinary scavenging work of collecting road sweepings—ten or eleven carmen were employed on similar work at the same time in different places, for the Council.
Re-examined. The horse's lameness extended over about two months—it was often two days in the stable—I reported my work to Furbank every night—the work was booked in by Furbank—I delivered the sheets to Furbank.
By MR. GILL I only saw one book.
GEORGE BASHAM . I live at 15, Meynard Road. Walthamstow, and am time-keeper to the Urban District Council—I receive the cartage sheets from the road foreman, the outside time keeper, or the carman—upon their receipt I issue a time ticket to the carman or the foreman, who takes it at the end of the week to the contractor—I did not check the sheets, I only made the tickets out—the sheets should be initialled by the foreman, or by the gangers—upon that authority I issued time tickets—upon those the contractor was paid—I kept them and the counterfoils in my office for reference if required by the accountants—it was my duty to make returns of the cartage sheets which went to the accountant's office for payment—I received the Sheets Nos. I to 20 from the road foreman, Foster, and upon them made out time-tickets—I kept them till the end of the week—then I gave them to Foster—these twenty sheets are in Foster's writing—the number of hours are initialled by Foster.
Cross-examined by MR. GILL. I have been employed by the District Council four years—during that time Furbank has been employed as contractor—I have told contractors to send in their accounts on the time-tickets
—Foster's writing on the sheets aroused my suspicion—I have held them up and remarked, "There is not much on this, Mr. Foster. I suppose it is all right?"; he said, "Yes, it is all right," and I have passed them—I spoke to him about them five or six times within two months—I have said, "The fact that the sheets were filled up entirely in Foster's writing did not make me think there was anything wrong"—I mean that, but there was a quantity not filled up—there was not enough particulars of the work done—I did not know there were irregularities—I know Foster's writing—from the carman's name being omitted I concluded the foreman did not know who the carman was—it was not the contractor's duty to put in the carman's name, but he was entitled to be paid on the assumption that some carman must have done it—I agree that the work was done in an irregular manner—we put the name of the carman on the counterfoil when there is one horse for a particular contractor on that day but where there are two or three horses we put so many horses—I never asked Furbank to explain the sheets.
Re-examined. I first noticed the condition of the sheets on May 1st—I spoke to him about it—this sheet of January 24th, 1902, is all in Foster's writing—Furbank is the contractor—there is no carman's name.
SAMUEL RIDGEWORTH . I live at 31, Selwyn Avenue, Elms Park—I am employed as a district sweeper by the Walthamstow Urban District Council on the Hale End district—I have been employed by the Council for about twenty years, and was so employed in June last—looking at sheet No. 3 of May 15th, I say there were no gullies to be flushed in the avenue mentioned there this year—that work was not done—I never signed one of Furbank's sheets—I say the same of the sheet for May 16th, and of No. 10, for May 30th—the Halfhedge shoot has not been in use since the end of February—the work mentioned on sheet 12 for June 9th, was not done, nor that on Jane 11th—I did not know Gandy in May and June—I know a good many of Furbank's carmen.
Cross-examined by MR. GILL. I can carry these things in my head.
Cross-examined by MR. RANDOLPH. Halfhedge's shoot is the nearest to Hale End Road.
WILLIAM WEBB . I live at Bush Hall Farm, Woodford Green, and work there for Mr. Halfhedge as carman—he had a shoot which was last used ten or eleven months ago, but not so late as May or June last—if it had been used then I should have seen it.
DAVID JOBSON . I live at 38, Summit Road, Walthamstow, and am a ganger attached to the Hoe Street North End District—looking at sheet 16 of June 17th I never saw Furbank nor his carman Lowndes in that district—none of the contractor's carts were employed there—no gulleys were flushed on that day, nor within two days, nor in May and June, according to my memory.
JAMES SMITH . I live at 27, Bronner Road, Walthamstow, and am a sweeper's ganger of the High Street district—looking at sheet 11 of June 6th, I have no recollection of Furbank or his carman Lowndes doing that work—one of the Council's men was doing the work that day—looking at sheet 20, June 24th, that work was not done by Furbank, and English's
shoot was closed a long time before that—the work was done by Webb, the Council's own carman.
ALFRED WEBB . I am a carman, of 66, Woodland Road, Walthamstow, and was employed by the Council in June—with regard to work I did on June 6th, I sent in sheet No. 25—Lowndes did none of that scavenging work—No. 27 records the work I did on June 24th—that work was not done by Gandy nor any carman of Furbank's—I have never known English's shoot—I have been on the job since February.
Cross-examined by MR. GILL. I have not seen Furbank's men doing the same work as the Council's men—I have said, "I frequently see other men in my district doing the same work as I do"—I meant the Council's men, not contractor's men.
JAMES CHAPMAN . I am a labourer, of 19, Apsley Road, Walthamstow—I was employed by Mr. English in Russell Road in May and June, 1902, and before then—English's shoot was not used in May last—it was last used a month before Christmas.
RICHARD JONES . I live at 15, Mayfield Road, Walthamstow, and am a ganger of the Forest District—looking at the sheet for May 16th, Furbank's carman Battershill did not do that work—the Council's own men were picking up in that district that day—I know the land of the Law Lands Company—I never knew of a shoot there—I have been employed there a year and eight months—referring to sheet for May 7th, Goodrich Road is out of my district, but I know the other work was not done by Battershill, nor was the work on the sheet for May 9th, nor, except as to Pretoria Avenue, on May 22nd—the Council's own men were engaged on those days on those roads.
Cross-examined by MR. RANDOLPH. No rubbish that I remember was ever"shot on the Law Lands—an estate is being developed there.
WILLIAM METSON . I live, at 103, Clapton Road, St. James Street, Walthamstow—I am a carman employed by the District Council, in the district of which Jones was ganger in May and June—no scavenging was done by Furbank's employees in that district in May and June—I was employed doing that work—I had assistance only from the Council's carts—I know of no shoot in the Law Lands—the place of deposit for the stuff we picked up was at Lloyd's Park.
Cross-examined by MR. RANDOLPH. The Victoria public-house is outside my district and in the Chingford Road—I never saw a shoot near there.
The prisoners received good characters.
NOT GUILTY .
759. ROBERT DUNLEVY (16), HARRY BUTCHER (16), and GEORGE BUTCHER (15) PLEADED GUILTY to burglary in the dwelling-house of Edward Reginald Skiller with intent to steal. Harry and George Butcher having been convicted at Essex Quarter Sessions on April 18th, 1892: HARRY BUTCHER and GEORGE BUTCHER also to breaking and entering the shop of Arthur Amey and receiving five pairs of boots, his property. DUNLEVY also to breaking and entering the shop of Slaters, Limited, and stealing 100 cigarettes and other articles, their property. Judgment respited. GEORGE BUTCHER— Three years in a Reformatory;
HARRY BUTCHER— Twelve months hard labour. —And
(760) JOHN LOCKE (34) , to forging and uttering, knowing it to be forged, an endorsement on two orders for £15 17s. 9d. and £10 with intent to defraud; also to unlawfully obtaining from John William Carr an order for the payment of £15 17s. 9d. by means of false pretences and with intent to defraud, having been convicted of felony at this Court on June 28th, 1897, in the name of Durant.— Fifteen months' hard labour. [Pleaded guilty: See original trial image.]
Before Mr. Common Serjeant.
Before Alexander Rentoul, Esq., K.C.
Three months' imprisonment.
Before Mr. Justice Bigham.
763. EDWARD JOHN HEWITT (29), and FLORRIE HUBERTA HEWITT (26) , Having the custody and care of Florrie Louisa Hewitt, aged five months, did neglect the said child in a manner likely to cause unnecessary suffering or injury to her health.
MR. HUTTON Prosecuted.
During the progress of the case Mr. Justice Bigham suggested that there was not sufficient evidence, and the Jury returned a verdict of
NOT GUILTY .
Before Mr. Justice Jelf.
MR. GANZ Prosecuted,MR. ELLIOTT Defended.
ELIZABETH AMELIA EDWARDS . I am the prisoner's wife, of 7, Globe Lane, Woolwich—we have been married nineteen years—on August 31st, about 2.30 a.m., I was in bed with him—I had been drinking—I was jawing at him, and smacked his face—he got out of bed and had a smoke—afterwards he used a razor to get out a splinter from his foot—I then got out of bed, picked up a hat-pin, and rushed at him with it, threatening to run it through him—he had the razor in his hand at the time, and in warding me off he cut my throat with it—I was seen by Dr. Tees, and then taken to the hospital.
Cross-examined. He has always been steady and sober, and very kind to me—he has been in the Army, and is now employed at Woolwich Arsenal—I have given him a great deal of trouble, and he has often frightened me by pretending to be very angry—it is not true that I was out of doors
talking to any neighbours that night—when I threatened to do for him with the hat-pin he said, "Two can play at that game"—the razor was closed when he struck me with it—after he saw what he had done he seemed very much upset and went for a doctor—before I went to the hospital I asked him to kiss me, and he did.
HERBERT NEAL . I am a carman, of the same address as the prisoner—on August 31st, between 2 and 3 a.m., I was awakened and went down-stairs—I saw the prisoner going out at the street door—he said something about going for a doctor.
Cross-examined. Mrs. Edwards was standing at the door of her room when I went downstairs.
GEORGE NEAL . I am a brother of the last witness, and live with him at 7, Globe Lane, Woolwich—on August 31st, about 2.30 a.m., I was awakened and went downstairs to the rooms occupied by Mr. and Mrs. Edwards—I saw Mrs. Edwards standing in front of me with her throat cut—I took her into her room and laid her on the bed, and held a towel to her throat—she seemed very excited as if she had been drinking.
CHARLES LANGTRY (Police Inspector R.) On August 31st, about 3 a.m., I went to 7, Globe Lane, where I saw the prisoner's wife—her throat was cut, and George Neal was holding a towel to it—I saw that the bleeding had nearly stopped, and I tied a clean towel round her neck—her night dress was covered with blood—he said, "My husband did it"—I then looked round the room and saw three razors on the sideboard, one was slightly stained with blood—all three were closed when I found them—the prisoner then came in with Dr Tees, who dressed the wound—when the prisoner came in he said, "All right, Sir, I did it"—I took him into custody and arranged for the woman to be taken to the infirmary on an ambulance—before she left she requested to speak to her husband—I allowed her to do so, and she said, "Kiss me, I forgive you," and he kissed her—at the station the prisoner said, "I went to bed late; it was past twelve o'clock; my wife remained outside the door talking to neighbours; she came in and went to bed, and began grumbling; she hit me on the face; I then got out of bed and had a smoke; she afterwards got out of bed and threatened to do for me; I said, 'Two can play at that game; I then got a razor off the sideboard; she rushed at me and I struck her with what I thought was the back of the razor; I only meant to frighten her, but it went through the back of the haft and cut her; I then called Dr Tees; it was with the largest razor I did it"—I asked him how he got a slight scratch on his face—he said, "My wife did it in the struggle—I formally charged him, and he said, "I did not intend to murder my wife."
Cross-examined. He was not at the house when I first got there, but he returned a few minutes afterwards with Dr. Tees—he seemed very much upset, and did everything to assist me—I have made enquiries about him and find that he joined the Army in 1867 in the King's Liverpool Regiment—he remained in that regiment till 1882, when he left and joined the Army Service Corps, and went out to the Egyptian War—he stayed in the Army Service Corps for four years—he left the King's Liver-pool "Regiment with three good conduct badges, and his conduct in the Army
Service Corps was good—since 1886 he has been employed at Woolwich Arsenal, during which time he has borne an excellent character—he has had a great deal of trouble with his wife through her drinking habits.
JAMES BEARY SLATTERY . I am assistant medical officer at Plumstead Infirmary—on August 31st, about 4 a.m., Elizabeth Edwards was brought in, suffering from an incised wound in her neck about 44 inches long, extending slightly upwards and then to the left; it was about half an inch at its deepest, possibly less—I think it might have been caused with this razor (Produced) while closed.
The prisoner in his defence on oath said that he had been married nineteen years; that he had had a very unhappy time owing-to his wife's drinking habits; that on August 31st he came home with his wife from, his mother-in-law's on very good terms; that he got home about 12.30 and went to bed, but that his wife stayed up a little later having supper that she then came to bed, and started grumbling at him, and scratched his face; that he got out of bed and had a smoke; that he then took a razor to scrape his toe, as it had been hurting him all day; that his wife then got out of bed and rushed at him with a hat-pin, threatening to do for him, and that he picked up the razor to ward her off; that the razor was closed, but that the pressure of his hand forced the blade through the handle; that when he found he had cut his wife he immediately went for the doctor; and that he had been living with her quite friendly since her return from the hospital
MR. SANDS Prosecuted, and MR. ELLIOTT and MR. FITCH Defended.
ELLEN SAUNDERS . I am a dressmaker, of 1, Thornley Place, Braddyll Street, East Greenwich—I have been living with Stanley as his wife for seven years—about a fortnight before September 3rd I ceased to Eve with him—on September 3rd, about 5 p.m., he came to my house saying that he was going right away and that he wished us to part good friends—when he had been in the house about an hour he produced a bottle of gin, and we had some drink together—we then went upstairs for about an hour—we came down again, and he went into the W.C. at the back—he was in there over half-an-hour, and I thought he had gone to sleep—I went upstairs to change my dress—I came down, and when I reached the foot of the stairs the prisoner gave me a glass half-full of liquid saying, "There you are, mate, take this"—when I took it in my hand the fumes got in my eyes—they were very strong, and I did not know what I was doing for a minute—I did not drink any—when I recovered I said, "Are you mad, or whatever have you put in the glass?"—he said. "I meant to do it," or, "I meant to take it," and with that he raised this bottle (Produced) to his mouth, which I snatched away—I thought he was going to drink the contents of the bottle—he then went and sat down in the arm chair, and I hid the bottle and glass—soon afterwards I told him I was going out, and we both went out together, but parted at the door—I afterwards took the bottle and the glass to the police.
Cross-examined. During the seven years I have known the prisoner we have been very good friends—about a fortnight before September 3rd we had some "words and he went away—I do not know where he went—I wanted him to take his dog, because I thought if he left it it would be an excuse for him to come backwards and forwards to the house—when he came to me on September 3rd we were very friendly because I thought he was going away for good—the staircase from the upper part of the house leads very close to the back door—there is a curtain across the bottom of the staircase, and as I came down I could only see his feet under the curtain—when I moved the curtain aside he was almost facing me—I did not see the bottle until after I had taken the glass and smelt the fumes.
Re-examined. He had had a lot to drink, but was not drunk.
By the COURT. Our quarrel a fortnight before was not about the dog—the prisoner came home drunk and struck me, and said he was going away—I said I would have nothing more to do with him, and he went upstairs and packed his box—this occurred on the Saturday and he went on the Monday—I did not speak to him all day Sunday.
NICHOLAS CORSTRON (Police Sergeant 95R.) On September 3rd, Mrs. Saunders brought a bottle and a glass, each containing some liquid, to me at the station—I handed them exactly as they were to Detective Sergeant Handcock.
HANDCOCK (Detective Sergeant R.) On September 3rd I received the blue bottle and the glass (Produced) each containing some liquid from Sergeant Corstron—I emptied the contents of the glass into a clean bottle and took all three articles to Dr. Forsyth, the Divisional Surgeon, on the morning of the 4th—I got them back the same day—I arrested the prisoner at Thorneycroft's, Chiswick, on September 10th, about 3 p.m.—I told him I was a police officer, and should take him into custody for attempting to administer poison to a woman named Saunders—he said, "I do not know anything about it, I am innocent"—I took him to the station at Park Road, Greenwich, and the prosecutrix was brought in—she made a statement in his presence, and he made no reply—I formally charged him, and he made no reply.
ALEXANDER FORSYTH . I am Divisional Surgeon at East Greenwich—on September 4th Detective Sergeant Handcock brought me this blue bottle and glass—the glass was half full of a clear fluid which I found to be a very strong acid, and the bottom was covered with crystals of oxalic acid—the blue bottle contained three ounces of a clear fluid which I found to be hydro-chloric acid or spirits of salts—both those are very powerful irritant poisons.
Cross-examined. The wine glass contained two distinct poisons—one ounce of the hydrochloric acid had been poured from the bottle on to the crystals, of oxalic acid—the mixing of the two poisons together would have terrible effects—there was enough to kill a woman or a dog.
Re-examined. There were no fumes when I saw it—fumes would come from it when fresh—they would not be visible, but might catch the eye or throat.
hydrochloric acid or spirits of salts—on September 3rd between 5 and 6 o'clock the prisoner came in the shop and asked for 4 ozs. of spirits of salts; I asked him what he wanted it for, and he said for cleaning enamel ware; he also described his method of using it—his description was perfectly correct, and I let him have it—I labelled the bottle "Poison"—on September 19th I was taken to the police-court, and picked out the prisoner from a number of other men.
Cross-examined. It is not usual to sell poison to kill a dog—hydrochloric acid is not a scheduled poison—I do not know Thomley Place.
Sergeant HANDCOCK (Re-examined). Burrows' Drug Stores is about 100 or 150 yards from Mrs. Saunders' house.
The prisoner, in his defence on oath, said that he was a boiler-maker; that at the time of his arrest he was working at Thorney croft's at Chiswick; that he left Mrs. Saunders a fortnight before September 3rd, and began working at Thorney croft's a week after; that when he left Mrs. Saunders she told him that he would have to take the dog away; that he said he could not, but that he would call and poison it; that on September 3rd he was going to poison it; that he went into a druggist's previous to Burrows"Drug Stores and asked for some poison to kill a dog, but that the man refused to serve him; that he then went into Mr. Chalmers' shop and got some spirits of salts; that he then went to 1, Thornley Place, and saw Mrs. Saunders, and was talking to her for about an hour, and had some drink; that they then went upstairs to bed for an hour; that he came down and went to the w.c, where he poured some of the contents of the bottle into a glass, and was standing in front of the dog's kennel when Mrs. Saunders touched him on the shoulder; that he turned round, and she then snatched the bottle away with one hand and the glass with the other, saying, "Good God, man, are you mad, what are you going to do?" that he then went indoors and sat in the arm chair for a short time; that Mrs. Saunders then went out with his sister, and he left at the same time; that before they parted they shook hands and kissed; and that he had no ill-feeling against her, or any intention of killing her.
ELLEN SAUNDERS (Re-examined). The prisoner was not standing in front of the dog kennel when I went downstairs, he was standing by the back door—the kennel is five or six yards from the door—I did not touch him on the shoulder—I am positive he offered me the glass, but I snatched the bottle—he did not say anything about calling and poisoning the dog.
NOT GUILTY .
MR. A. GILL Prosecuted; MR. ELLIOTT Defended.
Before Alexander Rentoul, Esq., K.C.
He received a good character. One month's imprisonment.
MR. FITCH Prosecuted.
SARAH ANN ROBERTS . I live at 43, Brond Street, Deptford—I am the prisoner's sister-in-law—on Sunday. September 28th, about 11.30, I went down to the door and asked him to leave off his beautiful talk—he pushed me, and I pushed him down—soon afterwards he caught me by my throat and stabbed me—I called out, "Eliza, he has done it this time, he has stabbed me"—I remember no more—a constable saw me push him—the prisoner was not drunk.
JOSEPH BROADHURST (298 R.) I was on duty in Brond Street on September 28th, about 11.35—passing No. 43, I saw Sarah Ann Roberts push the prisoner from the forecourt on to the footpath, which caused him to fall—he rushed into his house—an altercation took place between the prosecutor and the prisoner's wife, they got excited—shortly afterwards I heard a cry of "Murder, he has stabbed me"—I rushed into the house—the place was in total darkness—by my lamp I saw the prosecutrix laid up the stairs with the prisoner kneeling over her with this knife in his hand, open and blood upon it—I pulled her away, and arrested the prisoner—he said, "I'll cut her f—g head off"—he was excited but not drunk—on the way to the station he repeated five times that he intended to kill her—when charged he replied, "That is right, boss, I did it."
WILLIAM STANLEY CARPENTER . I am a medical practitioner, of 13, Abinger Road, Deptford—on September 29th, about 12.15 a.m., I examined the prosecutrix; she had an incised wound on the upper part of the front of her neck about an inch long and particularly deep—it required a few stitches—it might have been caused by this knife without much force; the knife was rather sharp.
The prisoner's statement before the Magistrate. "I should like it settled now."
Prisoner's defence. I was intoxicated and did not mean to do it.
GUILTY . Six months' hard labour.
Before Mr. Common Serjeant.
MR. HUTTON Prosecuted; MR. ELLIOTT and MR. WATSON Defended.
NOT GUILTY .
Before Mr. Recorder.
770. THOMAS SMITH (40) PLEADED GUILTY to a burglary in the dwelling-house of James Parsons and stealing two cigar cases and other articles. Also to breaking and entering the dwelling-house of Edward Henry Cole and receiving £2 10s. and other articles, having been convicted of felony at Maidstone on July 10th, 1898. Two other convictions were proved against him. Eighteen months' hard labour. —
(771). WILLIAM LLEWELYN EVANS (30) , to stealing two shirts, a book, and other articles, the property of Thomas Kenneth McKenzie. Also to stealing two pairs of trousers and other articles, the goods of Charles Bent. Also to stealing a watch and £2 15s., the property of Anniball Ferrari. Also to stealing a pair of sleeve links and other articles, the property of Alejandro Camara. Twelve months' hard labour. — [Pleaded guilty: See original trial image.] And
(772). WILLIAM HUNT (40) and WILLIAM FRANCIS (24) , to a burglary in the house of Frederick Charles Lyons, with intentto steal, Hunt having been convicted of felony at Clerkenwell on December 4th, 1893, and Francis at Manchester on July 22nd, 1901. Seven previous convictions were proved against each of the prisoners. HUNT— Five years' penal servitude; FRANCIS— Three years' penal servitude. [Pleaded guilty: See original trial image.]
Before Mr. Common Serjeant.
MR. HENDERSON Prosecuted.
BENJAMIN COLE . I am a hairdresser of 14, Bath Place, Camberwell—on September 30th, at 10.30 p.m., I was in the Joiners' Arms, Denmark Hill, with my wife, drinking—the prisoner came up to me and asked me to pay for a pot of beer—I said I would not as I did not know him—I told my wife to drink up and come out—as soon as we got to the door the prisoner collared me and said, "Aren't you going to pay for the beer,?"—I said, "No, decidedly not," and he then struck me on my jaw—my wife asked him what he did it for, and he then struck her on the cheek—on getting outside I struck him, and he knocked me down—I got up and tried to throw him, and he then bit my ear through and knocked me to the ground, and I became insensible—a doctor came to see me.
Cross-examined by the prisoner. You and I did not have a bit of a jollification, and I did not get out of temper—I did not ask you to come outside and have a fight—I am sure you bit me through the ear—I had my head in bandages for a fortnight.
EMILY COLE I am the wife of the last witness—I was in the Joiners' Arms when the prisoner asked my husband to pay for a drink—he refused, and the prisoner then asked him to drink out of his pot, which he refused to do—we drank up and were going out when the prisoner struck my husband—I asked what he did it for, and he then struck me on my eye, and I had a black eye the next morning—he then closed with my husband and ran him out into the road, and knocked him down—my husband got up, and the prisoner closed with him again, and my husband called out that he was gnawing his ear off—I tried to pull my husband away, and the prisoner again struck me—I then called the police—the prisoner ran away; and I chased him, and gave him into Custody.
Cross-examined. I did not say at the police-court that you struck me on the jaw, and that I had a red mark.
WILLIAM CARTWRIGHT (496 P.) On September 30th, about 11 p.m., I was on duty at Camberwell Green, where the prisoner was given into my custody—on the way to the station he said, "Let me go, Mr. Cart-wright, I have not done so much as they say"—I said, "I should have thought you had had enough of your last trouble"—at the station he said, "It was a fair fight until he fell, and then I forgot what I was doing; it was through the drink"—the prosecutor was brought to the station bleeding profusely from his ear, and complaining of injuries to his abdomen, where he said he had been kicked.
GUILTY of unlawful wounding. Eleven convictions of assaults, and drunk and disorderly conduct were proved against him. Fifteen months' hard labour.
MR. GREEN Prosecuted.
FREDERICK EAGLE . I am a labourer of 255, Southwark Bridge Road—on September 27th, about 9 p.m., I was walking along Marshalsea Road, Southwark, with my hands behind me—the prisoners passed me and immediately twisted round and tried to feel in my pockets, at the same time holding my hands together—Plummer took my watch from my waistcoat pocket and ran away—I ran after him, and was tripped up by one of the others putting his foot in front of mine—I fell down arid dislocated my hip, and was unable to go to work—I gave information to the police.
Cross-examined by Miller. At the police-station I did not pick out another man in mistake for you—I said you looked a good deal like one of the men—I did not go to a doctor at once, because I thought my hip would get better—I am sure I was injured when I was attacked.
Cross-examined by Plummer. I said at the police court that I believed you were the three men, and that you were the man who took my watch.
Cross-examined by Gough. I do not know whether you were discharged after you were put up for identification—you were not at the police court on the first occasion.
FRANCIS LA COMPTE I am a lodging-house keeper of 12, Marshalsea Road—on September 27th, about 9 p.m., I saw the three prisoners assault and rob the prosecutor opposite my house-Miller got hold of his arms' and-pinned them behind—Plummer took the watch, and Gough had hold of the prosecutor at the side—they then ran away—I saw all three together again about an hour and a half after the robbery—I identified them all at the station.
Cross-examined by Miller. I was standing on my steps—the prosecutor was walking towards Southwark Bridge Road, and you three were walking towards him and pounced on him, and you got hold of his arms.
Cross-examined by Plummer. I am not aware that you have lodged in my house, neither have I ever said I would make—it hot for you—I haw
never had you turned out of my house by a policeman—I could have told the police before, but I did not wish to be mixed up in it—I said at the police court that the robbery took place about 100 yards away from my house, and then I added that it was the distance of the Court away, which I have since ascertained is only twenty-seven yards—I am no judge of distances—when the detectives came to me for information I told them that I had seen the robbery.
Cross-examined by Gough. The detectives came to my house and asked me if I had anyone there of the name of Pyne or Plummer, and also asked whether I had seen the robbery—I did not follow you—I did not give any information to the police until they came to me about two days afterwards—when you were locked up on the first occasion no one could identify you, and the police knew nothing about me then—I gave a description—you were re-arrested, and I was asked to come and pick you out, which I did—you were dressea the same as you are now.
FANNY DIX . I am the wife of William Dix, of 9, Claremont Road, Marshalsea Road—on September 27th, about 9 p.m., I was in Marshalsea Road and saw the prisoners robbing the prosecutor—one had him behind holding his hands, and Plummer put his arm over his shoulder and took his watch—I holloaed out, and they ran away—I identified Plummer at the police station, but not the others.
Cross-examined by Miller. I was about ten yards away—it took place opposite the lodging-house—I cannot identify you.
Cross-examined by Plummer. The Magistrate did not say I was telling lies and tell me to stand down—he was very short-tempered, and would not listen to reason.
Cross-examined by Gough. I could not identify you at the police station, but I did at the police court—I have often seen you with Plummer, but your face was turned from me at the time of the robbery.
WILLIAM JOSEPH RYAN . I am a registered medical practitioner, and live at 48, St. George's Road—I examined the prosecutor on September "29th—he was very pale, and suffering from shock, and his left hip was partially dislocated—there was also a bruise about five inches long and four inches broad—those injuries could have been caused by his having been thrown to the ground—an ordinary fall would scarcely be sufficient.
Cross-examined by Miller. He was capable of walking.
Cross-examined by Plummer.* He would feel it more on the second or third day than on the first—his injuries must have been caused by direct violence.
ARTHUR NEIL (Detective-Sergeant M.) I saw the prosecutor and Fanny Dix at the police station on September 27th shortly after the robbery—the prosecutor looked as though he had been roughly handled—he gave a description of the men, and Pusey and I went in search of them—on October 1st we saw Miller and Gough in a public-house in the vicinity—I took Miller, and Pusey took Gough—before I said anything to him Miller said. "What's this for?"—I said, "I am going to take you into custody on suspicion of assaulting and robbing an old man in Marshalsea Road last Saturday night," and that I should put him up for identification—
he said, "All right, I did not have the watch"—I had said nothing about what had been stolen—at the station they were placed with ten others, and I called in the prosecutor and Mrs. Dix—we knew nothing about La Compte then—the prosecutor identified Miller—Mrs. Dix could not identify either of them then—I told Miller he would be charged with being concerned with others in robbing and assaulting the prosecutor—he made no reply then—later on he said, "I know nothing about it"—Gough was allowed to go—Plummer had been arrested on another charge before Gough and Miller were arrested—in making enquiries we went to the lodging-house, and La Compte made a communication to us—next morning I put Miller and Plummer up for identification, and La Compte picked them out—Mrs. Dix was again called in, and she identified Plummer—I then charged Plummer, and he said, "I know nothing about it"—they were charged at the police court and remanded to the 9th—Gough was re-arrested and charged with them on the 9th.
Cross-examined by Miller. I did not say you answered the description of a man, I said I was going to arrest you on suspicion—I do not know how you came to say you never had the watch; I had said nothing to you about it—the prosecutor picked out another man and said he was like one of the men, and then he picked you out, and in answer to the Inspector he said he was quite sure of you.
Cross-examined by Plummer. I suspected you because I had seen you three frequently together—you all answered the descriptions given of you.
Cross-examined by Gough. The prosecutor and the woman failed to identify you, and I received the information from La Compte about half an hour after you had been allowed to go.
By the COURT. Gough was re-arrested, and identified by La Compte about the same time the case came on before the Magistrate, and I asked, the Magistrate to put the other two back, so that he could be placed in the dock with them, as I had just received information that he had been identified by La Compte.
FREDERICK PUSEY (Detective-Sergeant M.) I re-arrested Gough on the 9th—I told him I should arrest him for being concerned with Plummer and Miller in a robbery in Marshalsea Road—he said, "I have been put up for identification once"—I said, "From further enquiries we have made we find there is another witness who can identify you"—at South-wark Police Station he was placed with six others, and immediately identified by La Compte—he was then charged, and made no reply.
Plummer, in his defence on oath, said that on the night of the robbery he was in Waterloo Road; that he was never in Marshalsea Road; and that it was a got-up case to get him convicted.
Gough, in his defence, said that the prosecutor had absolutely established his (Gough's) innocence, because he had failed to identify him, and that he was innocent.
GUILTY . They then all
PLEADED GUILTY to previous convictions of felony; Miller at South London Sessions on November 13th 1901; Plummer at Southwark Police Court on May 10th, 1900; and Gough at the South London Sessions on September 15th, 1896. One other conviction
of felony was proved against Miller, ten against Plummer for felony and misdemeanour, and fifteen against Gough for felony and misdemeanour; and they were stated by the police to be three of the most dangerous men in London, who assaulted and robbed persons who were a little the worse for drink, and terrified witnesses from giving evidence against them, MILLER— Three years' penal servitude; PLUMMER and GOUGH— Four years' penal servitude and fifteen strokes with the cat.
Before Mr. Common Serjeant.
MR. PARTRIDGE Prosecuted.
ALFRED CHARLES NOBLE . I am a general dealer of 70, The Grange, Berinondsey—my wife is ill, and unable to come here—she called me into the shop on September 26th, about 2.30, and asked me if a florin was good—I looked at it and said, "No," and kept it—there was a packet in front of the prisoner, a quarter of a pound of tea at 1s: 4d.—I told him the coin was bad, and asked him where he got it—he said, "From Fresh Wharf, London Bridge"—he had 5s. 10d. on him—when outside the shop I said. "You go away"—he said, "No, not till I have got the 2s. back"—I refused—we were outside twenty minutes, and I sent my brother-in-law to him, and went for a policeman.
THOMAS KEETCH . I am a brother-in-law of the last witness—on September 27th I was sent for to his shop, and saw the prisoner outside—I accompanied him to the station—he told me he had been to Fresh Wharf the day previous and got the florin.
JOHN WAKE (Police Inspector M.) On the early morning of September 26th I had charge of Bermondsey Police Station, and saw Noble and the prisoner—Noble said that the prisoner had passed the coin—nothing was found on him, and I let him go, retaining the coin.
ADA ELIZABETH BUDWORTH . I assist my brother, a tobacconist, of 88, Jamaica Road, Bermondsey—on October 8th, about eight o'clock, the prisoner came in for half an ounce of tobacco, and gave me this half-crown (Produced)—it felt very light, and I called my brother.
FREDERICK WILLIAM BUDWORTH . I am a news-agent and tobacconist, of 88; Jamaica Road—about 9 a.m. my sister called me and produced this half-crown—I went into the shop and asked the prisoner where he got it—he said, "In change for a sovereign at a public-house at Dock Head," which is near—I asked him the name of the public-house—he said, he did not know—I was not satisfied and said I should have to detain him—after I gave him in custody he said that his wife got it in change for a half-sovereign.
JAMES POPPLEWELL (236 M.) On October 5th I was called to 88, Jamaica Road, and saw the prisoner, and received the half-crown which it was said he had tendered for some tobacco—he said, "I received it in change for a sovereign at a public-house in Dock Head"—I said, "Which one?"—he said, "One of them"—I asked if he had any more counterfeit coin—he said "No"—on the way to the station he broke away from me, and said, "Good night, governor," and went off pretty fast—I caught
him, and he said, "You have done me in this time, I was only trying to make a night's lodging."
The Prisoner called.
Cross-examined. I am not living with him—he lives in one lodging-house and I in another, but only for three or four days—he goes away from home—he has been run over.
GUILTY . He then
PLEADED GUILTY to a conviction of uttering counterfeit coin on November 18th, 1901. Two other convictions were proved against him, and the police stated that he belonged to a gang of coiners, Twelve months' hard labour.
Before Mr. Justice Jelf.
776. ANTONY GREENER (45) and ELEANOR HANNAH FROST (40) , Having the charge and care of Edith Greener, aged six years, did neglect her to the injury of her health. ( An indictment for murder was not tried.)
MR. HUTTON and MR. LEYCESTER Prosecuted; MR. PERCIVAL HUGHES Defended.
JANE DADMON . I live at 22, Love Lane, Stockwell—the two prisoners lived together at the house just opposite to me—Frost had four children—she was always called Mrs. Frost—there were nine children—there were five of Mr. Greener's, but one has gone to service now—he had four children and she five—Edith was his child—she came there about eighteen months before she died—she had been at the Norwood School, a boarding school—when she came she was in very good condition, and clean, but she got thinner in the last three or four months, and I told Frost lots of times that the child wanted medical attendance—the last time was two months ago—she said that it was not her child—when I gave her that advice she said that the child was more artful than ill—it was ill.
Cross-examined. I have one child, and I have had children to mind—Frost had the whole nine children to look after—the son was nine and the daughter fifteen—there was five who wanted a mother's care, the others only came at night—they all looked constitutionally' delicate—they seemed to follow after the other child lately—I did not know the child's mother—the child was concealed—she was up in the attic—I do not say that that was an improper place for her to be—she was shut up there—I have seen her in the house, and have spoken to Frost about it lots of times—I said, "If anything happens to the child you will get into trouble"—I did not tell her not to lock the child in the attic, it was not my business—I could go into the lower part of the house—on the Wednesday before the Monday on which the child died I saw her sitting outside the door—it was almost impossible for her to walk—she was led by the elder daughter—when she came back from Norwood school she looked very well—I did not know
that she was 50 per cent, below the normal weight of a child of that age—she was not fed as well as the others—Mrs. Frost told me that the child used to come down in the night and get a crust of bread; she was confidential, and other people told me the same—Mrs. Frost had some bottles of Bovril—she said that all she could live on was Bovril—I have known her about two years, and we have always been good friends—the landlady told me what the Society's Inspector said—I do not know whether Dr. Scott saw the child—I wrote an anonymous letter that came to the Inspector—I put my initials and address—T wrote that at No. 24, Love Lane, and said there was a little child shut up in an attic like a little walking corpse, and that it was seven or eight years old—I said that at the inquest and before the Magistrate—the child's name was Eleanor, but we called her Daisy—anybody in the street could see the ill-treatment of the child.
Re-examined. That is if they looked—I wrote two letters to the Society's Inspector, one on September 17th and another after the child died—when Frost was taking Bovril she had a doctor for herself—she had two doctors in one day to herself.
By MR. HUGHES. I have known Greener always as a steady man—he was employed at a brewery—he went out at 6 a.m. and returned about eight or nine o'clock.
LIZZIE CHRISTINA WRIGHT . I am the wife of George Wright, of 9, Love Lane—I know the prisoner and knew the child Edith—I first saw her about twelve months ago and occasionally since—I have children—I noticed an alteration in her appearance, and in my opinion she required medical attendance—I once gave her some bread and jam when my children were playing with her, and Mrs. Frost took it from her and struck her and said she would teach her not to take food from other people.
Cross-examined. I said before the Magistrate, "Early in the summer I gave her some bread and jam, it was taken from her by Mrs. Frost," and before the Coroner I said "I gave her some food and she was beaten for having it"—I did not mention it to Greener; I never spoke to him in my life—Frost may have taken the food away because it was not good for her—I saw her two months after she came from Norwood school—I did not know that she was suffering from meisenteric disease—she looked emaciated, very thin—I made no complaints to the authorities—I took no steps till I was approached by the officer—she was not playing with my children in the summer; she was sitting at the door.
Re-examined. She looked very ill—I do not live immediately opposite.
CHARLES ROSS . I am an Inspector of the National Society for the Prevention of Cruelty to Children. On September 19th I went to 22, Love Lane, Stockwell, in consequence of letters I received—I saw Mrs. Frost—she gave the name of Eleanor Greener—I told her that I heard that a child had been ill treated there in the garret—she asked me into the kitchen and produced four children, and gave me their ages, one was eleven—she said, "I do keep Edith in the garret sometimes when she stays away from school; I do not lock the door, and she always has plenty of food: she can come down stairs"—I was satisfied with the appearance of the girl and went away—on October 10th I received this letter (Produced) and went there
between twelve and one in the day—I said, "Mrs. Greener, I understand your daughter Edith is dead and that you did not produce her to me on September 19th when I came"—she said, "I told you a lie, but I will tell the truth now; I am not married to Mr. Greener, we are only living together; it was Kate I showed you instead of Edith, Edith came out of the Norwood school about sixteen months ago; I have not had a doctor to her; she was not ill, only in a consumption; she was all right up to September, when she became queer one Sunday, and on Monday I took her down-stairs to the kitchen and nursed her; she got worse about one o'clock, and I sent my husband for Dr. Hook, but she died before he got here; I showed her to Mrs. Ball, and she watched her; she was not neglected, and she had the same food as we had"—at that moment Greener came in, and I said, "Mr. Greener, I want to see you about your daughter Edith"—he showed her to me—the bed and bedding where she slept were filthily dirty and covered with vermin, and mice were on the sheets—I called his attention to that, and he said, "I know the house is buggy"—he said, "The child has been consumptive from birth; the mother died from consumption; I did not call in a doctor because I knew it was no use; I took the child out of the Norwood school sixteen or seventeen months ago, and she was fed the same as the other children; it is true we are not married; I am only living with Mrs. Frost; she was consumptive, and all the children are so more or less; I am sorry you were not allowed to see the child when you called"—I made a note at the time and have got it.
Cross-examined. When she said "I did tell you a lie," she added, "I did not do it wilfully"—I did not say"I have come about a case of neglect"; I said, "I have come to see your daughter Edith"—I was in uniform—I have had a great deal of experience in these houses, and find vermin in a great many instances—that arises from want of cleanliness—I expected to see Edith a girl of about 7 1/2—I' never saw her alive—in some cases I expect to find the poor, ignorant about diseases—Frost appeared very sorry on the second occasion—I have seen the other children and have nothing to complain of about any of them.
Re-examined. Soap and water would keep them clean from vermin—I have generally proceeded against those I have found vermin on, after a warning—when I received the second letter the child had been dead two or three days.
WILLIAM HOOK . I am a fully qualified medical man, of 124, London Road, Clapham—I attended Mrs. Frost in her confinement last May twelve months, and was attending her previous to the death of this child—I have been told that I saw this child three or four years ago, but not recently till October—I attended Mrs. Frost in September, but she did not call my attention to this child, I did not know that it was in existence—on October 6th, Greener called on me and I followed him immediately and saw the child dead—I made a post mortem examination two days afterwards, it weighed 12 lbs. 10 ozs.; the standard weight of a child of that age is 2 stone 30 lb—it was emaciated, there was a total absence of fat—the cause of death was general emaciation, and it would have required medical attendance for two months before—that
would be apparent to the father and mother and every body I did not see the child's bed, but I heard it described at the inquest, and the child's sleeping in that condition would be likely to injure its health—its hair was dirty and verminous, there were flea bites on its body—care and soap and water would have kept its head and body free.
Cross-examined. It is not an uncommon thing to find vermin; many houses have them before people go: into them, and it is sometimes very difficult to remove them; they get into the woodwork and boards of the house—I do not recollect the weight given by the nurse when the child left the school—I heard that the child had gained only 4lbs. between the ages of 5 and 6 1/2, and that she was suffering from catarrh and rickets, and from birth from tuberculosis—4 lbs. is not much to gain in sixteen months; that would show a diseased condition—when she left the hospital she showed signs of emaciation—a child suffering from tuberculosis from birth, would be like a living skeleton from the commencement—I should have given it Valentine's jam, and cream, and fresh air, and meat juice to give it any opportunity of improving—I might have saved the child if I had been called in—I said before the Magistrate, "I do not think her life could have been saved, but it might have been prolonged if those nourishing foods had been given her, and she might have been put on cod-liver oil—poor people in their position are very ignorant of disease, and when organic disease is put before them they take it as helpless, that nothing more can be done—I discovered a quantity of undigested food in the stomach which must have been administered about two hours before death—I also found fluid in the stomach, it did not appear to be Bovril, it was more like broth—there was a certain quantity of nourishing food besides the solids, and the mucous membrane was healthy—that I think would indicate that the child had been regularly fed with nutritious food, otherwise she would have been in a more unhealthy condition undoubtedly—I cannot say what age she would have looked when alive—I do not think there was anything wrong in the treatment of the other children—there was very marked evidences of catarrh—she would present the appearance to an unskilled eye of a half-starved child—according to Weldon's diary, the normal weight when it left the Norwood school' should be 3 stone 11 lbs., therefore its weight then was nearly 50 per cent, below the normal weight.
Re-examined. That would also be from dirt, and irregular feeding and unkindness—when the child left the infirmary, discharged from the Norwood school, the nurse said that she weighed 1 stone 7 lbs, and she was a year and four months younger then than when I made the post mortem, and it weighed 12 lbs. 10 ozs.—a child in that condition of health would require special care; any ordinary person could see that—flea-bites and nits would add to the suffering of a delicate child, and also being shut up in a garret—I could have alleviated its sufferings—I ordered for Mrs. Frost, bovril and boiled fish—she did not say that she had not the means to get it—she was able to pay for the medicines and for her medical attendance—she did not complain that she had no money to have the child or herself attended to.
The prisoner Frost, in her defence on oath, stated that she had nine
children to look after, the prisoner Greener's children and her own; that two of the sons were grown up, but all were at home; that she could only use one arm, her right arm being affected by rheumatic fever, and that she was very delicate herself; that she was consumptive, but Dr. Hook only attended her in her confinements; that the deceased child was very delicate, and could not walk without being led; that she never starved it but fed it with the same food as the other children; that she was never locked up in a room; that she did come down one night and drink some condensed milk, not crusts, and that she did it for fun; that Mrs. Dadmon had never said that she ought to take the child to the hospital, nor had anyone else; that she was always very thin; that she never took any jam away from her, and did not know that she had had it till she said so that she had not been concealed, but mixed with the other children; that she did not know that the child was suffering from a wasting disease, but gave her all the nourishment she could; that when she told the Inspector that another girl was Edith she was not thinking, and did not do it wilfully, and that nothing was said about the child's age which he wanted to see; that the child slept in the garret with Edith and another child, but that she (the prisoner) had not been upstairs for three months as she had been so ill, and was an out-patient of Westminster Hospital, and that she was ill and not up when the Inspector came; and that she used not to undress the deceased but her daughter did so.—The prisoners received good characters.
MR. HUGHES submitted that there was some distinction between "neglect" and "wilful neglect" (See Rex v. Senior, 1 Q.B. Reports, 1899, p. 290.)
MR. JUSTICE JELF considered that the word "wilful" could' do no more than emphasis the fact that it is in itself a necessary ingredient in "negligence."
GUILTY GREENER— One month's hard labour; FROST— Four months' hard labour.
MR. BOYD Prosecuted; MR. HUTTON Defended.
EMILY ELEANOR FAWKES . I live at 108, Union Street, Borough, and am the prisoner's wife—on the night of September 19th we had been out together—he met a friend of his, Mr. Burgess, who came home to supper with us, and left at two o'clock next morning—while he was there my husband hit me a heavy blow with his fist on my nose—we had not been quarrelling—when Burgess left, my husband went out with him—when he came back I was sitting in a chair suckling my baby, and all of a sudden he sprang at me with a razor and stabbed me several times in the chest—I turned round to run out at the door and he stabbed me again in my side, saying, "I have done for you you b—r"—I was wearing these stays (Produced)—they are cut—I had seven wounds on my body and two on my hands—I went out of the house, and was taken to the hospital.
Cross-examined Burgess was a friend of my husband—on the 19th I had been shopping and met Burgess and my husband together about
ten o'clock—we three went into the Anchor and Hope public-house and had some drink—we stayed there about an hour—after leaving there we went to another public-house in Blackfriars Road, where we stayed till 12.30—we then went home—we were perfectly friendly then—my husband took home a can of beer and we all had some—I was quite sober—my husband was a little the worse for drink, but Burgess was drunk—we had no quarrelling while Burgess was there—I did not tell my husband that I would leave him—he had not gone to bed before he attacked me—when I told the Magistrate that I had had a little to drink I did not mean that I was the worse for drink—my wounds have healed up now but I feel bodily ill.
LOUISA LONG . I live at 108, Union Street, Borough—I was roused about 4 o'clock on the morning of September 20th by screams of murder—I recognised Mrs. Fawkes' voice and ran downstairs, but she had gone to the hospital before I got there—I saw the prisoner going out; I asked him where he was going, and he said to the station—I thought he meant the police-station—I cannot say not whether he was drunk or not—he walked straight.
Cross-examined. My room is just above the prisoner's; I could hear very distinctly—I heard the prisoner and his wife quarrelling about half an hour before, and I heard her crying—I heard the prisoner say that he had done for her.
Re-examined. I did not hear any quarrelling immediately before the cries of murder; it had stopped.
ARTHUR GRAY . I am House Surgeon at Guy's Hospital—Mrs. Fawkes was brought in on September 20th, about 4 a.m.—I saw her at 9.30—she had several wounds on her chest and arms, which had evidently been bleeding a good deal—I think they could have been inflicted with this knife—some of her wounds were in a part of the body protected by stays and some were not.
Cross-examined. The hole in the stays could have been caused by the knife or the razor—the wounds are all healed now—the one under her arm was an inch and a quarter deep, and it had injured the eighth rib.
Re-examined. Considerable force would have had to be used to cause the wound under the arm because the knife went right through the corset.
Cross-examined. He was at home when I arrested him—he did not seem upset—he went perfectly quietly to the station.
ARTHUR NEALE (Police Sergeant M.) On the morning of September 20th I received certain information with regard to this case—I went to the hospital and saw the prisoner's wife, and in consequence of what she told me I went to the house and examined the room—I found the razor on the mantelpiece and the knife on the floor"—the knife had been recently broken—I was at the station when the prisoner was brought in—I said to him, "I am a police officer; I have seen your wife in Guy's Hospital; she is suffering from stabs in the chest, and she alleges that they were done by you"—he
said, "Yes. I do not remember hardly what I did. We had been quarrelling through her nagging. I picked up something, I thought a knife. This is all through the tea. We had been out drinking"—I explained the charge to him; he made no reply.
Evidence for the Defence.
HARRY BURGESS . I am a book-binder, of 162, Southwark Bridge Road—I remember the evening of September 19th—I met the prisoner in Charlotte Street, Blackfriars Road—I had not seen him for two or three years—shortly afterwards his wife joined us and we went into a public-house and had some drink—we stayed there about half an hour and then went to another public-house in Blackfriars Road, where we remained till closing time—I then went home and had supper with the prisoner and his wife—in the course of supper a name of Tutton was mentioned, and Mrs. Fawkes said that she would leave her husband and go and live with Tutton, where-upon the prisoner struck her on her nose—after supper Mrs. Fawkes kept nagging because he would not sing or play the harmonium—she was very drunk and he was nearly as bad; I was all right.
Cross-examined. I met the prisoner in Charlotte Street about 7 p.m.—he was not the worse for drink then—when Mrs. Fawkes said she was going to live with Tutton I thought she meant it—her nose bled freely after being struck.
EMILY ELEANOR FAWKES (Re-examined.) I know a Mr. Tutton—his name was never mentioned—I said nothing about leaving my husband and going to live with him—he is a widower with eight children—I have never seen him except when my husband has brought him home.
GUILTY of causing grievous bodily harm. Five years' penal servitude.
Before Mr. Justice Bigham.
MR. HARRISON Prosecuted.
MARY JANE WOOZLEY . I live at 71, Gauden Road, Clapham, and am the prisoner's wife—I have two children—my husband has been a clerk in Somerset House for eleven years—on September 6th I had been out with the children and returned home between 5 and 6 o'clock—I undressed them to put them to bed and took them into the kitchen—I left them for a little time, and when I returned I found my husband trying to strangle the boy, who is 3 1/2 years old—he was an ideal husband and a good father—he was in an Asylum for six months in 1900.
DR. JAMES SCOTT . I am doctor at Brixton Prison—since October 7th I have had the prisoner under close observation—I conversed with him, and I consider he was insane—he was suffering from delusions—there is a hope of his getting well, but it will take some time—he cannot be trusted for some little time.
GUILTY, but insane at the time. To be detained during His Majesty's pleasure.
Before Mr. Recorder.
779. WILLIAM RANDALL PLEADED GUILTY to forging and uttering a receipt for 5s. Also to forging and uttering an authority for the with-drawal of 5s. from the Post Office Savings bank. Also to stealing a Post Office Sayings Bank book, the property of the Postmaster-General. Six months' hard labour.
ADJOURNED TO MONDAY, NOVEMBER 17TH, 1902.