CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD MARCH 9TH, 1903.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
MESSRS. BARNETT AND BUCKLER.
Short-hand Writers to the Court,
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, March 9th, 1903, and following days.
Before the Right Hon. SIR MARCUS SAMUEL , Knight, LORD MAYOR of the City of London; the Hon. Sir WILLIAM GRANTHAM , Knight, one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY , Bart., and Sir GEORGE F. FAUDEL PHILLIPS, Bart., G.C.I.E., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir JAMES THOMPSON RITCHIE , Knight, Sir JOHN CHARLES BELL , Knight, HENRY GEORGE SMALLMAN , Esq., and W. MURRAY GUTHRIE , Esq., M.P., other of the Aldermen of the said City; FREDERICK ALBERT 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.
Sir THOMAS HENRY BROOKE-HITCHING, Knt., J.P.
ALFRED PERCY DOULTON, Esq.
CENTRAL CRIMINAL COURT
SAMUEL, MAYOR. FIFTH 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, March 9th and 10th, 1903.
Before Mr. Recorder.
MR. DUNN Prosecuted, and MR. BURNIE Defended Brittain.
The prisoners were all deaf and dumb. The prosecutor having absconded MR. DUNN offered no evidence.
NOT GUILTY .
264. RICHARD DARRELL (33), PLEADED GUILTY to stealing an envelope and a piece of paper, the property of William Gordon Card. Also to stealing an envelope and a piece of paper the property of William Adam. Also to stealing a postal order for 2s. 6d. and an envelope and piece of paper the property of the Jokai Assam Tea Company, Limited , having been convicted of felony at Clerkenwell on March 21st, 1899. Seven other convictions were proved against him. Four years' penal servitude.—
(265) THOMAS BURROWS (28) , to stealing, whilst employed under the Post Office, a post letter containing an order 'for 15s.,' the property of the Postmaster-General . Nine months' hard labour. — [Pleaded guilty: See original trial image.]
(266) WILLIAM JOSEPH STAYTON (39) , to stealing, whilst employed under the Post Office, six post letters, the property of the Postmaster-General. Also to stealing a post letter containing a postal order for 5s. the property of the Postmaster-General. Fifteen months' hard labour — [Pleaded guilty: See original trial image.]
(267) GEORGE HEATH (23) , to stealing, whilst employed under the Post Office, a postal packet containing on order for 15s. Also to stealing a postal order for 15s. Also to stealing a post letter containing an order for 5s., the property of the Postmaster-General . Nine months' hard labour. — [Pleaded guilty: See original trial image.]
(268) JAMES ALFRED MILWARD (20) to stealing whilst employed under the Post Office, a post letter containing a postal order for 15s. and six penny postage stamps, the property of the Postmaster General. Also to stealing three letters containing postal orders for 20s., 4s., and 4s., the property of the Postmaster-General. Nine months' hard labour. — [Pleaded guilty: See original trial image.]
(269) CHARLES ROBERT HAWES (32) , to stealing, whilst employed under the Post Office, a post letter containing a postal order for 10s., the property of the Postmaster-General . Nine months' in the second division. — [Pleaded guilty: See original trial image.]
(270) FREDERICK INMAN , to stealing and embezzling an order for 14s. 6d. and £2, the property of Palmer, Limited, his masters. Also to forging and uttering an endorsement on an order for £6 14s. 7d., having been convicted of felony at this Court on February 6th, 1893. Two other convictions were proved against him. Three months' hard labour. — [Pleaded guilty: See original trial image.]
(271) HENRY UPSON (46) , to that he, having the custody, care, and charge of Frank, William, Ernest, Frederick, Walter, Gertrude, Sidney, and Adelaide Upson, children under the ages of sixteen years, did neglect them in a manner likely to cause them unnecessary suffering and injury to their health. Six months' hard labour. — [Pleaded guilty: See original trial image.]
(273) HENRY ASHLEY JONES (33) , to forging and uttering three receipts for the payment of £86, £50, and £50, with intent to defraud. Twelve months' hard labour. [Pleaded guilty: See original trial image.]
MR. CLARKE HALL Prosecuted and MR. LEYCESTER Defended.
ELIZABETH EDWARDS . I am the wife of Richard Edwards, a dairyman, of 17, Whitmore Road, Hoxton—on December 25th we left our house about 6.30 p.m.—the front door was locked—we returned just before twelve—the door was open, and a policeman was outside, with whom I made a search—this jewel-case was open—it had not been locked—this watch (Produced) had been in it—it was gone—I next saw it at this Court last Session—the Carvers' Arms (Kept by the prisoner) is in Breadport Street, and about 200 or 300 yards from our house.
Cross-examined. I also lost a gold brooch and some other things—this watch is the only thing I have found.
By the COURT. Our front door had been burst open.
LOUIS LE RICHAU . I live at 18, Gaythorn Road, Wood Green, and am a Civil Service clerk—on October 26th I went to my parents house. 14. Jansens Road, South Tottenham—I put my umbrella in the stand—I remained in the house till about 6.15 when I left with my parents—my umbrella was still in the stand—we returned just after 8 p.m.—we found that the ground floor door had been opened, and getting a light we went upstairs and found the bedrooms in disorder—my umbrella had gone with other articles—on December 30th I went to Islington Police Station and identified my umbrella (Produced)—its value is about 15s.
Cross-examined. I saw some other articles at the station, but did not recognise anything else as stolen from the house.
Highbury—last November we lived at 32, Manock Road, Tottenham—about 4.10 p.m., on November 9th, we left the house—we closed the door—we returned about 10.30—we opened the street door as usual and went upstairs—the doors were all open—the contents of a drawer in the back bedroom were thrown all over the floor—jemmy marks were found on the street door—we missed this watch (Produced) and £1. but the people downstairs lost a lot of things—the watch belongs to my husband—its value is about 10s.—I next saw it on December 30th at Islington Police Station.
JAMES GOODYEAR . I am a tobacconist's traveller, and live at 298, Commercial Road, Old Kent Road—on December 13th, about 2 p.m., I was at dinner at a coffee shop in Hyde Road, Hoxton—I know the Carvers' Arms, it is about 300 or 400 yards from the coffee shop—my van was outside, and was unattended for a few minutes—when I went outside I saw a man jump from the van—I followed, but he was too quick for me, and I lost him—I missed a brown-paper parcel containing eighteen boxes of cigars—they are made solely for my employer, Sir. C. J. Marshall, 862, Old Kent Road—these boxes (Produced) are exactly like the ones I missed—there were seven cigars in a box, and were worth a shilling a box.
Cross-examined. I sell more of these boxes at Christmas than at other times—I sell to tobacconists and publicans—they are all of one brand—we sell them at other times besides Christmas—the prisoner is not one of my customers—I have been travelling for Marshall for about ten months.
KATHERINE SIMMONDS . I live at 2, Wiltshire Road, Hoxton, and am employed by Williams & Marshall, embroiderers—I stole these pieces of plush from them—I took them a little at a time—I was convicted on December 30 at North London Police Court—I was bound over to come up for judgment in £5—I took the plush home and asked Mrs. Bonnett, who is my lodger, to sell it; I told her I got them from the firm cheap, and that I was going to pay for them by instalments—I knew that Mrs. Bonnett, or her husband, used the Carvers' Arms—I did not say what I wanted for the plush—I left the price to Mrs. Bonnett—my employers have taken me back, and I am there now—I used to cut the plush into proper lengths.
EMMA BONNETT . I am the wife of William Bonnett, of 2, Wiltshire Road, Hoxton—Mrs. Simmonds is my landlady—I last saw these pieces of plush seven or eight weeks before Christmas—Mrs. Simmonds gave them to me at different times—she asked me if I would sell them for her—I went to the prisoner's and asked him to buy them—he told me to go round to the side door, which is a private one—I had never asked him to buy anything from me before—I went to him because I knew he had some little children—he gave me 3s. for it; that was the amount I asked—there were three lots—I got 2s. 6d. for some of the pieces and 3s. for the rest—there was about three weeks between each of my visits.
Cross-examined. My husband uses the Carvers' Arms—he is a working-man—the prisoner knew me by going in and out—I had no idea that the stuff was stolen—I took it openly into the house without any concealment
—the prisoner told me to go to the side door because he wanted to show the stuff to his wife.
Re-examined. He did not ask me where I got it from.
FRANK PIKE (Detective). On December 29, in consequence of information I received, I kept observation with Detective Clark on the prisoner's house—I was sometimes in one bar and sometimes in the other—I was dressed in rather rough clothes—on December 30 I went there again—I told the prisoner I was a police officer, and I showed him my official card; he made no reply to that—I said, "On December 13th twenty boxes of cigars were stolen from a van in Hyde Road and I have received information that you purchased them; is that so?"—he replied, "Oh dear, no; I have never had any cigars like that in my house, and, in fact, I only buy boxes of fifty, and only from my regular man"—I said, "I have also heard you have bought some watches and an umbrella which have been stolen; I shall search the house"—he said, "All right!"—he did not say if he had bought them or not—I then went with him into the front bedroom and searched it—I found there six metal and three silver watches (Produced)—amongst them was the watch identified by Mrs. Orme—I searched the sitting-room on the first floor, and found six umbrellas and eight walking sticks (Produced)—the umbrella identified by Mr. Le Richau was not amongst them—when I found these the prisoner said, "Those are all I have got, I know they are not stolen"—in the bar I found two cigar boxes—I said to the prisoner, "These answer the description of two of those stolen"—he said. "I have had them quite twelve months"—he did not say where he got them from—I said, "I shall arrest you on suspicion"—he said, "You have got me fair, I will give in; these are two of the boxes you are looking for, I bought them over the bar for 10s.": he did not say if the 10s. was for two boxes only, "he is short and stout, but I do not know him. I gave all the cigars away and burned all the other boxes"—I went into the kitchen, and on the chest of drawers there I found thirteen similar boxes—the prisoner said, "Now you have found them I shall make a clean breast of it"—he called to his wife, and said, "I am done; give the officer that gold watch in the cash box"—the box was in the kitchen, but the prisoner's wife had the key—she said "When I saw them searching the house I gave it to the potman to hide in the cellar"—I left the prisoner with another officer and went into the cellar where I found Cooper the potman, who took from under some straw in a dark corner of the beer cellar a gold watch, which Mrs. Edwards has identified—he handed it to me—I went upstairs to the prisoner, and he gave me from behind a box in the front bedroom the umbrella identified by Mr. Le Richau—I bad missed it when I had searched the room—he said. "That is the one you want. I gave a man 2s. 6d. for it several weeks ago that and the sliver watch are wrong, all the other things are straight; the gold Albert and metal watches I bought at a wholesale house at Hounsditch; I cannot think what made mo get mixed up with such a gang of thieves; I shall get three months and when it is over I shall make a fresh start and clear all those gentlemen out of my house"—in the chest of drawers in the kitchen I found the plush which has been identified.
and in the bar a bottle of acid—on January 8, at Tottenham Petty Sessions, the prisoner was charged with receiving a watch, the property of Mr. Edwards—he made no reply.
Cross-examined. The acid is that which publicans have in the bar to test money with—I made my note about half an hour after I left the house—I was in the Carvers' Arms for about an hour and a half—I spent about twenty minutes making my note—while I was going about the house I had no other officer with me—I have nobody here to corroborate my story, or who heard the prisoner say what I say he did—the umbrellas are not very valuable—the prisoner has a wife and two young children—only one umbrella has been identified, that one was not with the others—he said he had given 2s. 6d. for it—if he had not produced it I should not have found it—it was not in a position where it could be readily seen—the cigar boxes were all empty, the ones in the bar were on a shelf so that anybody could see them—the prisoner had nothing to do with putting the watch in the cellar he did not know it was there.
J. GOODYEAR (Re-examined.) All the boxes shown to me were empty, I have brought a full one as a sample.
EDWARD HOOPER . I live at 13, Wiltshire Road, and was a potman employed by the prisoner—on December 30 I received this gold watch from the prisoner's wife, I was in the cellar, and I put it down on some straw where the dog had been laying—I had not seen the prisoner since breakfast—he had nothing to do with hiding the watch.
Cross-examined. I had been with him just over two years—a Mr. Clark is there now—it is a beer house—the prisoner has been living there with his wife and family and carrying on a genuine business—he has been in the habit of advancing money to customers and I have known him take goods for doing so.
Re-examined. I do not know Newnham, or Aris, or Clark, or Charles Spering.
By the COURT. I do not know how any of this property got into the house—the missus said the governor had lent some money on the gold watch, and told me to put it in the cellar till called for.
ALBERT CLARKE (Detective.) On December 30th I was with Pike in the Carvers' Arms—while Pike was searching I was in the passage—a part of the time the prisoner was left with me—he said, "I have been put away, I may as well give him everything."
Cross-examined. I made a note of what he said—I did not hear the conversation between the prisoner and Pike.
JOHN MARTIN (Detective Officer.) On December 30th the prisoner was brought to Islington Police Station with a number of articles—I told him he would be detained on the charge of receiving stolen property—he said. "I am done; I have been a fool, and when I get out of this I shall never take the game on again"—on the same day Mr. Le Richau called at the station—I showed him his umbrella—the prisoner was afterwards charged with house-breaking—he said, "I had nothing to do with the breaking and entering the house."
The prisoner, in his defence on oath, said that all the goods found on his
premises were left there by customers to whom he had tent small amounts, and that he had taken the goods as security; that the watch identified by Edwards had been left on Boxing Day by a man who he knew as "Bill"; and had lent him 15s. on it, and that the same man had left the silver watch on Christmas Eve; that he lent him 3s. 6d. or 4s.; that the umbrella was brought in by one of "Bill's" companions, but he did not know his name; that he gave him 4s. 6d. on it; that a man representing himself to be one of Ogden's travellers brought the cigars in; that he bought them for 10s., and put them on a shelf, and gave them away on Christmas Day as presents; that Pike had invented the whole of the conversation between them; and that he did not know the goods were stolen.
Evidence for the Defence.
WILLIAM DRUMMOND . I am a blacksmith, of 21, Rosemary Street, Islington, about 200 yards from the Carvers' Arms—I have used the house—I was there on Boxing Day between 11 and 12 a.m.—three or four men were there who seemed to be together—one of them said to the pirsoner, "George, will you oblige me with 15s. on this watch until to-morrow?"—I saw some money pass, I do not know how much—the prisoner took the watch—I think it was like this gold one—this happened in the front bar—there was no concealment about it.
Cross-examined. I have known the prisoner about six years—I do not know the man who gave him the watch—the prisoner asked me to give evidence—nothing was said about giving me any money.
WILLIAM MARKHAM . I am a cabinet maker, of 5, Wiltshire Row, Hoxton—I use the Carvers' Arms—I have seen the prisoner lend money to customers times out of number—I have borrowed of him—I have left a ring as security with him—when I repaid him I got the ring back.
JAMES HERBERT CRANLEY . I am manager of the West Kent Brewery—we hold the Carvers' Arms—the prisoner has been our tenant for six or seven years—I knew him personally before that—we have always found him an excellent tenant and an honest man.
GUILTY † Eighteen months' hard labour.
MR. BIRON Prosecuted.
GEORGE TAMPLIN . I am sub-postmaster at Heston, Hounslow—on June 17th, 1901, I went to bed about 11.45 p.m.—I have a general dealer's shop and a post-office attached—I secured the place—I have a safe in the shop, in which I keep cash stamps, and postal orders—when I got up next morning about 5.45 I found the shop had been broken into—the safe had been taken away—it was my property—I do not know the makers—it weighed about a hundredweight—I bought it from the people I bought the business from—I complained to the police, and at the head post-office—there was in the safe £8 13s. 5d. post-office cash, £21 2s. belonging to my business. £7 19s. 2d. in stamps, and £49 15s. 3d.
in postal orders—the safe had had a piece of wood put under it and had been carried through the kitchen and garden, taken over the garden wall, and burst open—some of my clothes were also taken—I have a record of the orders that I had—this order for 10s., No. N/29 969245, and this one for 15s., No. N/37 512749 (Produced.) were in my possession—they were then blank—they are now stamped with a stamp which is a very imperfect forgery—it would not have been issued without being stamped—the issuing office on the stamp is Dover—if a postal order was issued and signed by the postmaster it might be paid, even if he had forgotten to stamp it; but if it had not got a stamp or the postmaster's name on it it would not be paid—I do not think that "Manson "is the name of the post master at Dover.
Cross-examined by the prisoner. I have never seen you before.
JESSIE SIMMONDS . I have a general shop at 390, High Street, Brentford, and am postmistress there—on December, 1901, I left the shop locked up—there were a number of post-office orders locked up in my desk in the shop—next morning I found that the shop had been broken into, the desk broken open, and all the orders had gone—I take them up to my bedroom as a rule, but on this night I left them in my desk—this order for 4s. 6d., No. H/28 014187, was in my care, and was in my desk—it had then no stamp or postmaster's name on it—18s. in cash was token from my shop and 101 orders, value £36.
Cross-examined. The orders were not all for 4s. 6d.—I swear this one was in my desk—I made out this list before the things were stolen—it is dated November 20th, 1901—my place was also broken into in June, 1901—about £3 11s. and some clothing was then stolen—I have never seen you near my place or in Brentford.
JOHN MARTIN . I am a grocer, of Hanwell—on December 13th, about 11.20 p.m., the prisoner came in and asked me to change this 10s. 6d. postal order—I did so—I did not know his name—I had not known him before—I had closed the shop, but had not fastened the door—he asked me for some bacon—I have no doubt that he is the man—I afterwards picked him out from fifteen others.
HENRY MOSS . I have a shop at 78, Fieldgate Street, Whitechapel, where I sell musical instruments—just before Christmas a man came in and bought this banjo (Produced)—he gave me in payment a postal order for 15s.—I cannot identify the man or the order—I gave him 3s. change—next day I took the order to Mr. Bull, who changed it for me.
WILLIAM FULLER . I am a tea and coffee dealer at 135, High Street, Harlesden—on December 24th the prisoner came in and bought some groceries—he offered this postal order for 4s. 6d. in payment, which I accepted—there was no name on it, so I asked him to sign his name on the back, and he put "Edward Newman "on it—I cashed it at the post-office, and put my name on it—I afterwards picked him out from some others.
Cross-examined. I do not remember the date that I identified you—I did nut see you in the waiting-room and then walk out and afterwards identify you.
By the COURT. I am quite sure he is the man I changed the order for.
FREDERICK LEWIN . I am chief clerk at the Dover post-office—the stamp on these postal orders for 10s., 15s., and 4s. 6d. is not genuine—there is no officer at the place named J. Manson—the postmaster's name is Goulding—he has been there four years but he would not sign the orders; they would be signed by the issuing clerk with his own name for the postmaster—there are about fifty clerks there, but none named Manson.
HENRY MULLINS . (Detective T.). On January 21st. about 6.30 a.m., I went to the prisoner's house 21 Wilmot Place, Hanwell—I saw the prisoner, and told him I should arrest him for committing a burglary at Kew Bridge and also at Heston post office—he replied, "All right; I know nothing about it"—he was taken to the station, and later in the day was charged—he made no reply—I searched his house and found this banjo.
Cross-examined. You were not under arrest when I went to your house.
The prisoner, in his defence, said that he had nut changed the postal orders; that he had never been to Harlesden, and had been mistaken for another man.
GUILTY .† He then PLEADED GUILTY to a conviction of felony at Clerkenwell on April 11th, 1891, and eight other convictions were proved against him. Four years' penal servitude.
MR. BRION Prosecuted and MR. SIMMONDS Defended.
JESSIE SIMMONDS . I keep the Post Office at 390, High-street, Brentford that was broken into on December 7, and a number of postal orders were stolen; among them was No. N/39 087852 for 15s.—it was in my desk when the post office was broken into, and Nos. N/39 087858 and N/37 203000, for 15s. were also in my desk—I lost 101 orders, value £30 6s.
GEORGE NORMAN . I live at 30, Percy Road, Shepherd's Bush, and keep a refreshment stall—on December 10, 1902, the prisoner and another man came to my stall and asked me to change a postal order for 15s.—I cannot recognise the other man, as he stood behind the prisoner, who gave me an order for two sandwiches and two cups of coffee—the other man eat his up quickly and walked away—thinking they were both going without paying. I said to the prisoner, "Please, will you pay me?"—he said, "Don't be in a hurry"—he gave me this postal order. I said, "It is rather late to give me an older. I do not think I can cash it—it was about 12.45 a.m.—he said. "My brother sent it to me by the last post last night and I have no more money; you can either cash the order or have nothing"—I took it and gave him 14s. 4d. change—next morning I gave it to my cake traveller—I do not know his name.
Cross-examined. This is the only postal order I have ever cashed in business—I did not think there was anything wrong with it, I thought it was genuine—I deducted 8d. from the 15s.
Cross-examined. I passed the order to my firm in the usual way—I identify it by the letters K. B. on it, and that is the only 15s. order which I took.
JAMES WILLIAM CARMAN . I am a master slater, of 69, Graham Gardens, Hanwell—about the middle of December I was in the Princess of Wales, Boston Road, about 8 p.m.—I saw the prisoner and several other men there talking—I knew the prisoner casually—he asked me if I would give him a job, I said I had nothing to give him—I went outside, he followed, and asked me to change an order for him—I said I could get it changed for him—I thought he asked me to change it because it was after post office hours—I got it changed for him at Mr. Woolard's, at the ham and beef shop, who I was well acquainted with—I gave the prisoner the change—we went back into the public house and had some drink together—a night or two afterwards I was in the public house between 10 and turning-out time—me and the prisoner walked up the road together—I said, "I am going into Mr. Holmes'"—he said, "Can you change an order for me?"—I said I could get it changed—it was for 15s.—I bought a saucepan there for my wife for 2s. 6d.—I gave the prisoner the change, and he said, "Never mind about the half-crown," and I gave him the change less 2s. 6d.—I first heard that the orders were wrong, on the following Tuesday—when I got home I found Sergeant West had been up to my place in the morning—I saw the prisoner, and he told me not to say where I got the orders from, because they were wrong, and he tried to persuade me to get a shave so that Woolard would not recognise me—I said I should not do it—he said he had signed the orders for Ted Chuter, and that he (the prisoner), had pinched the orders from Chuter—I know Chuter by sight—I have seen him at Brentford—I did not know how he was mixed up in this except by what the prisoner told me—I saw Chuter in the Prince of Wales once.
Cross-examined. I have been known at the ham and beef shop for about twelve months—Mr. Holmes would also know me, and where I lived—it was not my suggestion that I should get the orders changed—Chuter was in the dock at the Police-court at the time I gave my evidence—I did not tell the Magistrate that the prisoner had told me that he had signed the orders for Chuter, I did not think it necessary—I had only known Chuter casually for about a fortnight—I know his brother well—the prisoner told me that he had been serving in the Imperial Yeomanry in South Africa., that is how we came to get into conversation—I do not know the dates of the burglaries—the first I heard that anything was wrong with the orders was from the prisoner when he came to my place.
—I remember receiving a 15s. postal order from Carman about a fortnight before Christmas—the postmark was Dover, December 6th—I passed it on to Mr. Birch.
LEONARD WOOLARD . I keep a ham and beef shop at 56. Boston Road, Hanwell—I know Carman as a customer—about December 12th he brought me this 15s. postal order—it has my signature on it—I changed it at the post office.
Cross-examined. I should not change an order for a complete stranger, I should want to know something about him, or unless he bought some goods for a large proportion of the amount of the order.
EDWARD WEST (Detective Sergeant X.) About 7 a.m. on January 21 I went, with other officers, to the prisoner's house at 5. Walton Terrace. Hanwell—I woke him up and told him who I was—I said. "I shall arrest you for receiving postal orders"—he replied. "All right"—he dressed and I took him to Hanwell Police-station—I said, "You will also be further charged for forging and uttering two postal orders which you got Carman to change for you"—he said, "Did he say so?"—I said, "Yes"—he said. "Then I shall deny it."
Cross-examined. The prisoner was in the Imperial Yeomanry—he joined on February 27th, 1901—he sailed in March. 1901. and got his discharge in England on August 17th, 1902—he was in the 32nd company of the Middlesex Yeomanry—I find that while he was away he allowed his mother to draw 2s. 6d. or 3s. a day out of his pay, which she banked in her name—I think it amounted to about £40—I found that a large number of persons had cashed the stolen orders—only two of them could identify the prisoner.
The prisoner in his defence on oath, said that he had met a man in the Princess of Wales in December, who said that he had been out in South Africa, and asked him to change three postal orders that, as it was after 8 p.m. that he did so; that the man was a stranger; that he had not seen him since; that he did not know the orders were wrong; that he had not told Carman to get shaved: that they spent the change on beer; but that when he found the orders were stolen, he asked Carman not to say where he got the orders from as he thought he might get into trouble.
NOT GUILTY .
MR. BIRON, for the Prosecution, offered no evidence.
NOT GUILTY .
NEW COURT.—Monday and Tuesday, March 9th and 10th, 1903.
Before Mr. Common Serjeant.
278. CHARLES KING (60) PLEADED GUILTY to feloniously making counterfeit coin having been previously convicted of possessing moulds for coining when he was sentenced to ten years' penal servitude. Other similar connections were proved against him. Seven years' penal servitude —
(280). JOHN HALFORD (40) , to breaking and entering the shop of John Elkan, and stealing six watch chains and two bracelets, his goods, having been convicted at the Thames Police Court on February 17th, 1898. Nine months' hard labour. — [Pleaded guilty: See original trial image.]
(281) ALFRED CAMPBELL WILSON (19) , to forging an indorsement upon an order for £18 15s. 8d., with intent to defraud having been convicted at Knaresborough on 23rd July, 1902. Twelve months' hard labour; [Pleaded guilty: See original trial image.]and
(282) ALFRED WRIGHT (32) , to uttering a transfer for 1,231 shares in the Rhodesian Purchase and Exploration Syndicate, with intent to defraud. Three years penal Servitude. [Pleaded guilty: See original trial image.]
JONES PLEADED GUILTY .
MR. PARTRIDGE Prosecuted.
ELLEN KNIGHT . I live at 38, Spital-square, and am agent to the land-lady of 26, Gunn-street—in June last I let the top room floor to a man named John Taylor, at 5s. a week—I recognise the female prisoners as Taylor's wife and daughter—Mrs. Taylor sometimes paid the rent when I went round at 8.30 on Monday mornings—I have seen the younger woman at the door at odd times—Taylor is a different man to the prisoner Jones.
JOHN GANNETT (Detective Sergeant H.) On January 31st I went with Smart and Besson to 44, Gunn-street, about 4 o'clock—we waited outside about ten minutes, and then went to the top of the house and entered the front room and saw the three prisoners round the fire—directly we got inside the elder woman said, "Good God, look out!"—they all sprang to their feet—I noticed a coin in Jones' hand—he dropped it in the fender—Mary Taylor was going out, but Besson stopped her—Jones said that the women were innocent—they said nothing—I searched the room and found a large bowl containing plaster of Paris, and on the fire was a small iron spoon containing molten metal—the ladle was decidedly hot—this mould with metal in it was in the fender—one coin in it was dated 1892 and the other 1896—an iron clamp, which was hot, was fixed to the mould—it was not on the fire—I also found a bag of silver sand and a bag of plaster of Paris, some copper wire, a canvas bag, part of an electric battery, some pieces of glass a small piece of sandpaper, a hammer, and another clamp—Smart also found some articles—the prisoners did not appear to be going out when we entered—they had not got their clothes on for going out they seemed sitting comfortably at home—I took the two women to the station—neither of them said that they had been out, or that they came in and were surprised to see Jones there—they did not say that till they got to the station.
Cross-examined by M. A. Taylor. You did not say, "I know nothing at all about it." "
Cross-examined by E. Taylor. There were three chairs, and you were all sitting close to the fire.
THOMAS SMART (Detective H.) I was with Gannett and Besson on January 31st—we waited about ten minutes outside and then entered the room—Mary Taylor said, "Good God, look out!"—they were sitting at the fireplace, the man in the centre had a coin in his hand—the women had not their hats on—they put them on to go to the station we had been outside ten minutes—I found six counterfeit half-crowns in Jones' waistcoat pocket, and in a cupboard six packages of cyanide of potassium, and a quantity of plaster of Paris in a cupboard on the other side of the room—I took Jones—I was present when they were charged at the station—I did not hear either of the women make any answer.
HENRY BESSON (Detective E.) I was with the other two officers—on entering the room the elder woman jumped to her feet and shouted out, Good God, look out!" and the younger prisoner rushed out and got on to the landing—I fetched her back—she said nothing—neither of them made any suggestion of having been out and coming in.
WILLIAM JOHN WEBSTER . I am an inspector of coin to H.M. Mint—this is a double mould for half-crowns, with the two gets attached, and there are two pieces of metal forming the mould—these clamps are to hold the mould—here is some copper wire and part of a very crude battery for silvering, and two pieces of glass—cyanide of potassium is used in connection with plating—all those things are part of the stock in trade of a coiner—the coins found in Jones' pocket were from the mould produced.
The prisoners statements before the Magistrate. Mary Ann Taylor says: "I went out at 2 o'clock to get in some necessaries, my daughter came with me, no one was in the room then, I was gone out an hour and a half, and when I returned I saw this man in the room, what business he had I do not know, I had not time to accost him when the police came. Elizabeth Taylor says: "I go out to work; Saturdays and Sundays are the only days I have at home."'
T. SMART (Re-examined.) I went to the address she gave, but Mr. Rose was not known.
GUILTY . Six convictions Were proved against JONES. Five years' penal servitude. —MARY TAYLOR. Six months' hard labour. —ELIZABETH TAYLOR, One month's hard labour.
284. HENRY CHITTY(34) JOHN DUGGAN (26). CHARLES FREDERICK BAILEY (35). and HORACE PUTNAM (28) , Stealing twenty yards of linoleum, and within six months other goods of the A rmy and Navy Co-operative Society. Limited to which CHITTY PLEADED GUILTY .
MR. HUTTON and MR. JENKINS Prosecuted; MR. DRUMMOND appeared for Duggan, MR. PURCELL for Bailey, and MR. WARBURTON For Putnam.
WILLIAM STONE . I am a butcher, of 146, Franklyn Road, North—tie prisoner Bailey is a neighbour of mine—he is a barber—he said to me last October that if I wanted any linoleum he had a friend in the line, and could get it at cost price—I purchased a piece when Bailey and Putnam were in the shop—Bailey asked me about it, and I said I would have a look at it—I have seen it outside—he said the price was 18s. a piece, and I bought it for 18s., and paid Putnam for it—he gave me no receipt, I never asked for one—I bought a small piece, about 2 1/2 yards, of Bailey about January 1, for 6s., I selected it at his shop—this is it (Produced)—it has been used since—I bought twenty-two yards more at the end of January, for which I paid Bailey £2 Os. 6d. in his shop—this (Produced) looks like it—it was new, then—the police took it away—just before Bailey was arrested in February, I was passing his shop, and went in, and he asked me if I could do with a table cloth—I said that I would take it and see whether my good lady liked it—the price was 4s. 6d. on approval—this was in the morning, and Bailey was arrested in the evening—I saw Putnam twice—he came to my shop about three weeks before he was arrested, and said that he would bring some curtains down for me to look at—he brought five single pairs, and I bought two pairs at 19s.
Cross-examined by MR. PURCELL. I have carried on business in Franklyn-road seventeen or eighteen years, and my father had it before me—Bailey employed several hands, and did a good business—I knew him as a neighbour on friendly terms—he told me he could get them from a friend who was in the line, as I had taken a new place—I afterwards gave him the order for oilcloth—I gave him 1s. 6d. a yard for the linoleum, which I believed to be a fair price—he told me he had known Putnam a long time, and that he was in the furnishing line, and I knew that as well—there was no concealment—things were done in a very open manner, and I had no suspicion.
Cross-examined by MR. HARBURTON. I have known Putman some years, but I did not know his name till Bailey introduced him—I do not suggest that either of the prisoners is not as respectable as myself.
Re-examined. Putnam did not tell me where the linoleum came from—I thought 1s. 6d. a yard was a fair price for it—Bailey said that it came from the stores, and I believe he said the Army and Navy Stores, but I am not sure.
By the COURT. He said that after I bought it.
By MR. PURCELL. I cannot say whether he mentioned the Army and Navy Stores as he was getting into the cab to go with the police—it was fresh in my memory then—I did not hear it—I have not said that he did, but before that he said, "What I paid £2 0s. 6d. for is right, and I believe he said the Army and Navy Stores—I am quite certain about that—he might have mentioned it before his arrest. I cannot remember everything said, are these straight?"—he said, "Yes," and I believed him. Ernest Andrews. I am a watch-maker, of 11, Blackstock-road—I
know Bailey, he is a hairdresser—I bought nine square yards of linoleum from him on January 27. for which I paid 18s.—he came to me one day and said that the linoleum I had was not particularly grand that he had a friend in the wholesale line and could get me a piece, cheap.
Cross-examined by MR. PURCELL—I have known Bailey about eight years—his place is about three minutes' walk from mine—he has amongst the whole neighbourhood the character of an honest and respectable man—I formed the opinion that the price I paid for the linoleum was a fair price for nine yards, which is about a remnant.
MARY ANN WEALS . I am a widow, and live at 77, Avenel-road. Hornsey—I know Bailey—he asked me early in January if I could do with some linoleum—I said. "Yes"—I bought twelve yards for 18s.—it was quite new—he did not tell me where it came from.
Cross-examined by MR. PURCELL. I have known Bailey five or six years—I am a dressmaker—my house is about twenty minutes' walk from Bailey's—he bears the highest character in the neighbourhood—I paid him what I thought a fair and proper price for the linoleum.
ALFRED DUCK . I am a provision dealer of 135, Fontil-road—I know Bailey—on February 5 he came to me and said he had some rugs and window curtains he wanted to sell for a friend—I bought this rug (Produced) for 15s. 6d., and some curtains on the same day, for 10s. the pair—I introduced a Mr. Breed to Bailey, who bought from him a remnant of inlaid linoleum for 15s.
Cross-examined by MR. PURCELL. My business place is about 150 yards from Bailey's—I have carried on business there about twelve years—Bailey has, to the best of my recollection, carried on business at his present place for something like eight years—I have been a customer of his, and he of mine—he is known in the neighbourhood as a thoroughly honourable and upright tradesman—I have known Mr. Breed about three years—he is a baker—it was through me that Mr. Breed became a purchaser of this linoleum from Mr. Bailey—I did not examine the articles, I paid what the man asked me, and put them on one side—there was nothing in the price that aroused any suspicion in my mind.
Cross-examined by MR. PURCELL I knew Mr. Duck in business—we dealt with each other—he told me that Bailey had mentioned to him that he had a remnant to sell; in consequence I went to Bailey's shop—I had not known him before that, nor had I ever spoken to him personally—I had seen him in the neighbourhood—I paid what I believed to be a fair price for the article.
By the COURT. Bailey's shop is a hairdresser's, and I went there—this linoleum was laid out in the front shop under the seat—there were no other things there, such as linoleum, curtains, mats, or rugs, or any furniture, only this linoleum.
he keeps a small barber's shop in Fontil-road—I said to him, "Your name is Bailey, I believe?"—he said, "Yes"—I said, "We are police officers; I have called to see you about some linoleum, curtains, &c, which have been left here by Carter, Paterson"—he said, "Yes"—I said, "I do not know whether you care to say where you got these things from, who sent them to you"—He said, "Mr. Duggan, I do not exactly know his address, but he resides at Edmonton"—I asked him what Duggan was, but he did not know—I said, "You have sold some linoleum to Mr. Stone, the butcher, and a few curtains"—he replied, "Yes"—I said, "You must consider yourself in custody; I am going to search your place"—I told him he had been receiving goods from the Army and Navy Auxiliary Stores, delivered by Carter, Paterson—I think I told him that before I said he must consider himself in custody—I told him he had had four consignments of linoleum from the Stores, and one of curtains, & c, on the 4th—he replied, "Yes"—he said he would tell me ever thing; that he had sold some curtains to Mr. Duck, Mrs. Weals, of Avenel-road, and to a person at Chiswick; that he was introduced to Duggan by Mr. Putnam, of Sandringham-road, Dalston, and that he purchased the goods from Duggan and had received them from Duggan—he did not say who Duggan was, but Mr. Brennan, who was present with me, nodded to me and said that it was all right—I did not know anything about Duggan till his name was mentioned then—I searched Bailey's house, and found these chenille curtains (Produced) on the first floor, tied up in a parcel, also a small remnant of linoleum half had been cut off—that was in the back bedroom—that was all I found there—it was inlaid linoleum—I then sent Bailey to the station in charge of two officers—I then went with Inspector Fuller and Mr. Brennan to Putnam's house. 150, Sandringham-road, Dalston—I saw Putnam there—I told him we were police officers, and had called respecting some linoleum and curtains that he had which Bailey and Duggan had been dealing with, stolen from the Stores—he replied, "ome time ago Duggan told me he could do me some curtains cheap—about last Tuesday week or fortnight he sent me five pairs of curtains to look at; I have got one pair here, Stone has two pairs; he gave me 19s. for the two pairs. I had 4s. of it, I expect Bailey and Duggan had something"—a rug was lying in front of the hearth, and I said, "Where did you get this from?"—it was in use—he said, "I had it from Duggan about two months ago; up to the arrival of the last parcel I thought the things were all right"—I said, "In some cases I find Duggan has delivered the property to Bailey and you have taken the money"—he said, "Yes"—I then searched his house, and found this pair of crimson chenille curtains hanging up in the front window—he said he got them from Duggan—I was not present when Duggan was arrested.
Cross-examined by MR. DRUMMOND. I did not know Duggan—I discovered that he has been employed at the Army and Navy Stores for something like three years—I made no inquiries as to his character.
Cross-examined by MR. PURCELL. I met Bailey first outside his own shop—I told him we were police officers, and had called about some linoleum curtains, &c., left there by Carter, Paterson—he had no hesitation
in telling me that they came from Duggan—I asked Bailey the address, and he said he only knew it was Upper Edmonton—then I said that he (Bailey) had sold some linoleum and curtains to Mr. Stone, the butcher—he replied, "Yes"—he then said he had received four consignments, and sold some linoleum and some curtains to Mr. Duck, and some to Mrs. Weals, and a man at Chiswick, who I now know to be a hair dresser named Walsom—he did not tell me that he had known Putnam for something like eight years—he did not mention any time.
Re-examined. I found these letters (Produced) in Bailey's pocket and in his house—one in his pocket is dated December 21st, it is signed by "J. Duggan," and relates to some inlaid tile-pattern linoleum he is sending to Bailey [Marked "D."], the next one [Marked "C."] is signed "J. D." to Bailey—it says, "Dear Mr. Bailey—Have sent you two covers one chenille and one tapestry; hope these will please you as they are very good; chenille 10s., tapestry 9s., also two rugs, one large one, 60s. price 8s. 6d., one smaller, 47s. fid., price 7s. Will arrive C. P. to-night. Will call on you to-morrow night. I remain yours truly, J.D."—I also produce another letter, signed "J. Duggan," addressed to Mr. Bailey 156, Font-road, Finsbury Park [B]—I found a number of letters on Putnam when I arrested him, two of which relate to this case a postcard signed "Charlie," and addressed to Putnam telling him that he can do with some lino and oil-cloth for stairs and this letter fs dated 23rd December, signed "Charlie" and addressed to Putnam at Sandringham-road—it states that certain linoleum did not suit a certain party, but had been disposed of all right; and he would be pleased to have a piece the same size, but it must be a tilepattern, as it was for a shop; that he did not fancy a floral pattern; that he got the same as he paid for the lot, 12s. the large, and 6s. from Stone, but cut a piece off large enough for the front of his own shop, so that he got that for nothing, and if anymore was forthcoming he supposed he should be acquainted with it.
ROBERT FULLER (Police Inspector A.) I accompanied Inspector Morley and Superintendent Brennan when Bailey and Putnam were taken into custody—I did not hear all the conversation between Bailey and Inspector Morley—Bailey was first arrested; an hour later Duggan, and three or four hours afterwards, Putnam—Chitty was arrested the next morning—I saw Duggan at Finsbury Park Railway Station—I told him that Bailey had said that a lot of linoleum and other things traced to his possession had come through him (Duggan)—he said, "I will tell you all: Putnam or Bailey used to get the order and tell me what was wanted. I would tell Chitty, the packer and he would get the things and send them; Chitty always told me he was well in with the travellers and could get things cheap: I made but little out of it; I have two pairs of curtains and a rug at home; if we got £ for anything I generally got about 3s. 6d.: Chitty told me he did not have much out of it."'
Cross-examined by MR. DRUMMOND. Duggan said that Chitty always told him he was well in with the travellers, and could get the things cheap—there is nothing against Duggan's character as far as I know.
Cross-examined by MR. PURCELL. I understood Bailey to say that a lot of
things traced to his possession, had come through Duggan—Bailey said he knew Putnam, and it was through Putnam he knew Duggan.
Cross-examined by MR. WARBURTON. Putnam is a man of good character as far as I know.
ALFRED JENNINGS (Police Sergeant G.) I searched Duggan's house, 109, Hazel bury-road, Edmonton, on the 10th—I found in the passage one pair of rep curtains—another pair was hanging up in the front room, and these two rugs (Produced) in the front parlour.
Cross-examined by MR. DRUMMOND. The articles were all in use.
JAMES BRENNAN . I am house-superintendent of the Army and Navy Auxiliary Stores—I was present part of the time when Bailey was arrested—I was only at Bailey's place—Duggan had been close on three years at the stores as foreman polisher, in charge of other men, at wages which averaged 45s. a week—Chitty was in charge of the carpets and curtain packing room as foreman packer—he was on the permanent staff about ten years—previous to that he was some twelve months as odd man—his wages were 29s. a week—one worked on the ground floor and the other on the first floor, but they would constantly meet—they had no business to do so—Chitty, as foreman-packer, would have access to where the curtains, &c, were kept—his duty would be in the department for packing goods sold to members of the Stores—the parcel would be tied with string, and a label put on with the name of the customer and the salesman—a packer, or Chitty himself, would then take the parcel away—nobody would take any notice if he was seen carrying a parcel of carpets or curtains—the most implicit confidence was placed in him—the parcel would be placed in the van for despatch—there would be nothing whatever to prevent Chitty coming down with a parcel, initialing the bill himself, and patting it at the last moment in the van—he, would make out a label which the managing foreman would see corresponded with the bill—Chitty was thoroughly trusted.
Cross-examined by MR. DRUMMOND. I exercise a general supervision of certain matters—I do not supervise Chitty's or Duggan's departments—Duggan was a piece-worker at 10 1/2 d. an hour, paid weekly—he was under Union rules, which would not allow him to go on the permanent staff—travellers do not go to Chitty, they go to the manager of each department—Chitty had a manager over him, Mr. Gordon of the transport department—travellers do not come into the transport department—they do to the carpet department—it is possible for Chitty to see them—the foreman packer is not connected with the carpet department, although he packs the carpets—there was great objection to Chitty and Duggan bring together—Chitty told me they had been together—the understood rule is that they are not to go out of their department and waste their time—there is no absolute rule that they should not speak to each other—I have never heard of travellers coming to persons under Chitty and Duggan and letting them have goods cheap to sell to their friends—employees could buy goods from the Stores under the ordinary price by permission of one of the Managing Directors, and it has been done—I have not known it done without permission—I should report it
if I discovered such a thing—there is a distinct rule that employees are not to be allowed to have any communication with travellers—that applies to everybody, whether on the permanent stall' or not—I do not know that he was told of the rule.
Cross-examined by MR. PURCELL. I am not head of the private detec-tives—I have not been in the Force—Chitty and Duggan were both thoroughly respectable men as far as I knew—I have had implicit confidence in them—they would not have been in the Stores all the time they had if they had not been persons of the highest character.
Re-examined. Chitty would be told the rules when engaged, but Duggan would not have any rules given him—they would have to go out of their way to meet.
HENRY CHITTY (The prisoner.) I have been for eleven years foreman packer at the Army and Navy Auxiliary Stores—I had access to the carpets and curtains department—I have pleaded guilty to stealing the articles mentioned in the indictment—I saw at the police court the articles I took—they were sent to Putnam's and Bailey's places—I did not know Bailey before I sent goods to him—I think the first time I sent to Bailey was three or four weeks before Christmas—Duggan gave me the address—he said he had a client if we could get the stuff, who would buy it—I had to steal the stuff to get it—I sent it to Bailey by Carter Paterson—I have never sent any bill or invoice or any written document with the things to Bailey or Putnam—Duggan told me to send the things to Putnam—Duggan paid me for them—I got 2s. 6d. a pair for the curtains—the value of them, I should say, was 37s. lid.—I do not know what Bailey paid for them—I never met Bailey till I saw him at the Westminster Police Court—I never came into communication with Putnam until then—it was all done between me and Duggan.
Cross-examined by MR. DRUMMOND. I never told Duggan I got the things through the travellers, nor that I stood well in with the travellers—Duggan said he had a client if he could get the stuff, a few days before the first lot went off to Bailey, I believe, I cannot be certain—I told him I would get the stuff, which I did—I did not tell him I was going to steal it—£ supplied it to his order to Bailey and Putnam, receiving these small sums for it—Duggan did not tell me how much he got—I had been in the employ of the Stores a long time before Duggan came there—I had never bought any things from the Stores and sold them again—I never bought anything from the travellers that came to the Stores or had any dealings with them; I never saw them—I should say it would be impossible to deal with the travellers, as they go direct to the managers room—there is an order that employees are not to have any communication with travellers at all—when Duggan said he had a client who would buy the goods, we talked the matter over for a day or two—I never said anything about getting them from the travellers—I never told him I was going to steal them.
By the COURT. I believe I told Duggan I should have to get them from the department—he had nothing to do with getting them at all—I had to go to the department to get the stuff, and then I had to pack it—
nothing was said as to how much I was to get, or he was to get, until it went away—there was no invoice or letter sent with the goods—Duggan used to tell me what goods to send—he told me where to send them.
By MR. DRUMMOND. The value of the things was marked in plain figures on buckram tickets sewn on the rugs—I did not give Duggan the prices for him to tell the people to whom he sold the things—the rugs were in my room for some time before they were sent away—I never sent goods off without Duggan seeing tuem.
Re-examined. The tickets would not be taken off till just before the goods were sent—Duggan would have an opportunity of seeing the prices on the tickets when the goods were lying in my room.
WILLIAM FOX . I live at 62, Church Road, Upper Norwood, and am sub-manager of the curtain and carpet department of the Auxiliary Stores—I have seen the various articles here—they are similar to things sold in my department—I can actually identify one piece of linoleum—the stock value of inlaid linoleum is 3s. 6d. a square yard, that is what we should sell it at—it could not be sold at a profit at 1s. 6d. or 2s. a yard—it could not be produced at the price—the value of the two rugs produced is £1 and 30s.—the small Turkey rug would be a guinea—I cannot trace that any of the things have ever been sold to Chitty—as far as I know, Bailey and Putnam have never dealt at the Stores, nor Duggan—the name of any employee, if he bought goods, would appear in the books, but not the destination.
Cross-examined by MR. DRUMMOND. The Mersapore rugs are worth, I should say, 30s. and 20s.—it would be excessive to say that they were worth 60s. and 47s. 6d.—I could not deny that it is possible the foremen in the different departments might have dealings with travellers coming to the Stores; it might happen, but it would be strictly against the rules if they are on the permanent staff—the rule is not told to those not on the permanent staff.
Cross-examined by MR. PURCELL. 3s. 6d. a square yard is the price charged by the Stores for inlaid linoleum—the oilcloth Mr. Andrews bought is the same quality as the other—also Mr. Weals', but not the same pattern.
HARRY BARTLETT ROBINSON . I live at 35, St. Maur Road, Fulham—I am a salesman in the carpet and curtain department at the Stores—I have been carefully through all the articles produced in Court—the price of the pink-striped tapestry curtains found at Duggan's would be about 45s. a pair—the price of the pair of blue chenille curtains that Bailey had would be about 37s. 6d. each pair—the value of the tapestry ones would be about 30s. a pair—the price of the inlaid linoleum would be 3s. 6d. a square yard, and the plain found at Stone's 2s. 6d. per square yard.
Cross-examined by MR. PURCELL. The retail price of the two curtains bought by Mr. Duck for 10s. would be about 40s. a pair.
Duggan, in his defence on oath, said that he always understood that the things were got in a straightforward—manner by Chitty; that Chitty told him
if ever he wanted a rug cheap he could get him one, as he stood well in with the traveller and could get samples; that Chitty always told him the prices to charge as he had no idea of the value of the things; that he had not the faintest idea the things were the goods of the Stares, and if he had known they had been stolen he would have had nothing to do with them.
Bailey, in his defence on oath, stated that he was introduced to Duggan by Putnam: that he first bought some linoleum for his own house as it was cheap, and then gave Putnam an order for same things, which he sold; that he had no knowledge that the things were the property of the Army and Navy Auxiliary Stores till he was informed by the police.
Putnam, in his defence on oath, stated that he was induced by Duggan to buy the things, and, did not know they were stolen.
Bailey, Duggan, and Putnam received excellent characters.
JOHN CARNEGIE . I am chief inspector to Carter, Peterson and Co.—when our carmen take parcels out they also take these sheets describing from where the parcel comes the consignee the address, and the article—that is signed by the recipient—this is the original sheet—I have not corrected it, it is corrected in the office—the same van does not leave goods at all sorts of places—the man who collects parcels from the Army and Navy Stores would not collect from other places—that is, one carter's load for delivery and the man who delivers would deliver in the inner district.
Cross-examined by MR. PURCELL. They are collected and afterwards sorted out for particular districts. DUGGAN, GUILTY . Fifteen months' hard labour . The jury were unable to agree to a verdict as to BAILEY and PUTNAM, and were therefore discharged . Sentence on CHITTY— Fifteen months' hard labour.
OLD COURT.—Wednesday, March 11th, 1903.
Before Mr. Justice Grantham.
285. WILLIAM ROWE PLEADED GUILTY to feloniously wounding Charles Norman with intent to murder him. (The prisoner stated that he was not responsible for his actions at the time; Dr. Scott, the medical officer at Brixton Prison, stated that he considered the prisoner sane, and his stupid manner to be assumed. Seventeen previous convictions were proved against him.) Ten years' penal servitude—And
SOPHIA JANE FITZGEORGE . I am the wife of Admiral Adolphus Augustus FitzGeorge, of 12, Eaton Square—on February 18th I went to a theatre—on coming in I found this letter lying on the hall table—it was in an envelope—I opened it and read it: "A. B. Block. St. George's Union.
Fulham Road, S.W.—Most noble and illustrious sir, I am sorry to inform you that your career is about to end. You had the honour of prosecuting a man of the name of Henry Saunderson, at Westminster Police Court, for obtaining 1s. by false pretences, and ho was sentenced to three months' hard labour. That young man is myself. I now intend to have revenge, and I shall lay wait for you on Sunday, as you are going to church, and I shall shoot you dead. I don't care if I hang for it. I hope you don't think I am insane, for I am not. I am doing this for myself as well as for others. I have the honour of belonging to the brothrehood of the Pierced Heart a society which takes upon itself the honour of doing away with all tyrants and aristocratic liars, and you are one of them. You would sooner let me starve in the gutter or rot in the workhouse, but "tread on the worm, he will turn "is a true proverb, as you will soon find. The motto of our brothrehood is Sic semper tyrannus, the truest mottoe ever found in the Latin language. I may also add that our society is not known to the police, so we are not afraid of being raided. Of course, we are known in society as anarchists, which, of course, we are. That is all I have to say.—Yours truly, George Swatland, B.P.H. Vive l'anarchy. Sic semper tyrannis."—I communicated with the police—the prisoner was not on my husband's ship, as he had a ship in 1887.
ISRAEL BEDFORD (Detective Sergeant E.) On February 19th, in consequence of information, I went to Fulham Workhouse with Detective Tanner—I saw the prisoner, and said to him, "We are police officers, and I am going to arrest you for sending a letter on the 18th to 12, Eaton Square, threatening to shoot Admiral FitzGeorge"—I cautioned him and said, "That is the letter"—he said, "Yes, all right, I sent it"—on the way to the station he said. "Well, perhaps it is a good job you have got me, as I was going to leave the workhouse to-morrow morning, and, if I could not have got a revolver. I should have got something to knock his brains out; I have not forgotten the whipping the Admiral ordered me when I was in the Navy, and that three months did it"—he was charged—he made no reply—I searched him—I found a memorandum-book on him—I showed it to him, and he said, "That is the code of the brotherhood which I belong to—I arrested the prisoner on May 15, and he was sentenced to three months' hard labour for obtaining 1s. as charitable frauds by false pretences from the Admiral.
JAMES SCOTT I am medical officer at the Brixton Prison, and have had considerable experience of mental derangement—I first saw the prisoner on February 19th, and I have seen him daily since—in my opinion he is insane—he told me he had intended to carry out his threat—he seemed to think he was justified in doing so as a revenge for having been sent to prison previously—he said he had been tyrannised all his life, and had been unable to get on, and that was why he had joined the anarchists—he would not say where the lodge was—he is mentally and physically weak.
The prisoner in a written defence, said that he had had a stroke when he was nine years old; that he pleaded guilty to sending the letter; that he was tyrannised over, and could not get work; that he had written to the prosecutor saying he was sorry for sending a threatening letter, but that the prison authorities
would not send it.
GUILTY. but insane, and not responsible for his actions . To be detained during His Majesty's pleasure.
MR. TRUMAN Prosecuted and MR. STEWART Defended.
EDWARD COULSON MUSSON . I am a physician and surgeon, of 61. Bridge Avenue, Hammersmith-in 'July or August I left this ring (Produced) with the prisoner for repairs—I subsequently railed for it—he said that as it was enamel, he had to send it away to be repaired—I called again, and found he had left—I next saw the ring at a pawnbrokers at Hammersmith when I went there with a detective.
Cross-examined. I do not know the value of it.
Cross-examined. A new ring like this would cost £3 or £4.
ALEXANDER FULLERTON (Detective. V.) I arrested the prisoner on February 19th at 12, President-street, Clerkenwell—I told him I was a police officer, and should arrest him on a warrant—I read it to him—he said, "I left it at Barnes"—on the way to the station he said. "I might as well tell you the truth, I pledged the ring for 10s.; you will find there are two tickets at 2, Glenthorne-road, Barnes; I hope you will not go to my boss or any of my friends, or I shall get the push; I paid Mr. Copplestone 12s. a week for half the shop—he was very hard on me, and I was very hard-up"—I went to his rooms, I got a pawn-ticket there, the name on it is Williams, and I got the ring.
Cross-examined. Before the prisoner went into Mr. Gill's employment at Clerkenwell he was in a small way of business at Barnes where he paid Mr. Copplestone 12s. a week for part of a shop—I have heard that last year he was incurring great expense in connection with the illness of the lady to whom he was engaged—I believe that is true—I believe he was in arrear with his rent—the whole of the pawn-tickets in connection with this charge were found on the prisoner, one was dated August 8th—I have inquired into his character—it is all satisfactory.
GUILTY — Six months' hard labour.
THIRD COURT.—Tuesday, March 10th, 1903.
Before Lumley Smith. Esq., K.C.
MR. KYD Prosecuted.
HARRY GILES . I am an engraver of 9, Albion Grove, Barnsbury—I have a warehouse at No. 15—on Saturday. February 21st, I came out of my house about 6.45 p.m.—after a communication with a constable I met at the gate, I went to No. 15—I put the key in the street door, but found it was bolted from the inside—leaving the constable I went back to No. 9, and through the side entrance into the garden—I met a man coming down the garden—he ran back—I next saw the prisoner Cato jump over the wall—I hold him round the neck—the prisoner Brown came up and hit me with some instrument in the face—he said something I could not grasp, I was so excited—I became unconscious—I saw the constable take Brown in the street—I helped the constable—I went to the station and gave a discription of Cato—I said I could recognise the third man as he ran past me—I had closed my warehouse at one o'clock and left every-thing safe—on examining the warehouse afterwards I found the premises mutilated and the doors broken open—this jemmy was found in my garden; I saw it there.
Cross-examined by Cato. I am positive about you—I did not glance at the others but identified you "in a minute"—I did not see you brought out of the cell for identification—I was not pushed back from the door.
Re-examined. My face is getting well—I cannot hear so well since the blow, which also broke my nose—Brown did that.
EMILY GILES . I am the wife of the last witness—I live at 9, Albion Grove, Barnsbury—on Saturday, February 21st. my husband went out about 6.30 p.m.—he came back and passed through the house into the garden—I followed him—I saw him struggling with Cato, and saw Brown strike him—I saw Ward there.
Cross-examined by Cato. I saw your face over my husband's shoulder.
Cross-examined by Ward. I saw you up a tree in the garden.
Re-examined. I went to the police station separately from my husband—I picked Cato out—I next saw Ward at Clerkenwell Police Court—I picked him out from other men—Ward dashed past me.
THOMAS LAW (424 Y.) On Saturday, February 21st, about 6.30 p.m. I was in Thornhill Road—I saw the prisoners standing at the corner of Thornhill Road and Albion Grove—I walked down the grove and then jumped on a 'bus, and afterwards concealed myself in a garden at No. 16—I saw Cato walk up to the door of No. 15, Albion Grove, and knock several times, and then go to the other prisoners—they opened the door with a key and went in—I hurried to No. 9 and spoke to Mr. Giles—I came back to No. 15—I could see a light upstairs—I found the door bolted inside—I watched No. 13—I saw the prisoners get over the wall at No. 11—I jumped over the wall of No. 9, and as I was getting over I saw Giles struggling with Cato, who shouted. "Hit him, knock his f----g brains out, '—at that time Brown dealt Giles a terrible blow with this jemmy—Cato ran to the bottom of the graden and escaped with Ward over the wall into the ten-ace—I caught Brown in the garden of No. II—he became violent—I threw him to the ground—two young men came to my assistance—Giles came and assisted me to take Brown to the station—when Brown
was charged he said, "I did not break his nose, he fell to the ground and broke it"—Cato was identified on the 23rd and Ward on the 26th.
Cross-examined by Cato. 'Busses run in Thornhill Road from the Hereford Arms—I saw you open the door of No. 25—I could not be mistaken—I picked you out of eleven on February 23rd.
Cross-examined by Ward. I saw you go from the rear of the premises into Malvern Terrace—after (riles was struck down you went to the bottom of the garden and climbed a tree at the bottom of a chicken house—I said so at the Police Court (This was not in the Deposition.)
ARTHUR HALL (631 Y.) On Saturday, February 21st. I was at King's Cross from one to five p.m.—I saw the prisoners at the corner of Euston Road and York Road—they went from King's Cross to the Caledonian Road between 2 30 and 3.30 p.m.—about 4.30 I saw Brown and another man go towards King's Cross towards the Caledonian Road—I saw them twice before 6 p.m.—at midnight I saw them in Euston Road—I lost sight of them in Tun bridge Street—the next evening, Sunday, I was in plain clothes with Inspector Fitt and two other officers—I saw Cato at 8.30 p.m. standing outside the John Picton public house—I crossed the road and caught hold of him—Powell and the inspector told him the charge—I took him to the station—the following Thursday, February 26th, I was in plain clothes with Constable Murray at King's Cross, when we saw Ward—Murray told him the charge—he said, "Give me a fair identification and I do not mind"—he was taken to the station and identified by Law—after which he said, "I am satisfied"—he was put in the dock and charged—he made no reply—in the cell he said, "I am innocent of this, governor, I would not work for Cockey Brown; no matter what part of London I go there is Cockey Brown; this is not my game, robbery with violence is more my mark; no matter what part of London you go you will see Cockey Brown of King's Cross marked up in it,"
Cross-examined by Cato. I have seen you about the Euston Road several times—you have lived in the neighbourhood, but not always.
Cross-examined by Ward. I said I was going to take you on suspicion.
THOMAS POWELL (Detective Y.) On Saturday, February 21st, I was in Caledonian Road about 6 o'clock, and saw the prisoners—at 7 30 Brown was brought into the police station by an officer and by the prosecutor—on Sunday February 22nd, I saw Cato standing outside a public house in Wharfdale Road, Caledonian Road—I told him I should arrest him on suspicion of being concerned with Brown, who was in custody, and a man not in custody, in warehouse breaking and in maliciously wounding on the last evening between 6 and 7—he said, "I can account for where I was up to 9 o'clock"—I told him he would be put up for identification—he replied. "If it is policemen to pick me out I shall not stand up, I have not seen Cockey Brown since Friday, I do not like the man '—I was present when Mrs. Giles and Police Constable Law identified him—I went to the warehouse and saw marks on the door caused by this jemmy.
Cross-examined by Cato. You did not say that your identification was unfair.
Cross-examined by Ward. I did not see you and look you full in the face previous to your arrest, or you would have been arrested before you were.
Re-examined. I have no doubt I saw Cato and Brown together on the Saturday.
STEPHEN MURRAY (Y). I saw Ward in Euston Road on the Saturday, about 7.30 p.m.—I crossed the road and told him what he would be charged with—he said. "Give me a fair identification, and I shall be satisfied"—I took him to the station—he was identified from ten others—he said, "am satisfied"—when charged he made no reply.
WILLIAM FITT (Police Inspector Y.). On February 21st I was called to 15, Albion Grove—on searching the backs of the premises, at the rear of No. 9 I found this jemmy, these two caps, a key, and a knife—I showed this cap to Brown—he said, "That is mine"—the light cap, the knife, and the key were owned by the prosecutor, who said he lost them in the struggle—on examining No. 15 I found no marks on the door, but inside on the first floor a door was burst open, and the marks correspond with this jemmy—I was present when Cato was arrested.
Cross-examined by Cato. You complained of men having overcoats on at the identification, and these were taken off—nothing was said about collars and ties.
The prisoners' statements before the Magistrate. Cato says: "I am perfectly innocent." Ward says: "I am innocent. It is a got-up case all through."
The prisoners repeated their statements in their defences.
291. The said ALFRED BROWN and CHARLES CATO were again indicted for feloniously wounding Harry Giles with intent to resist the lawful apprehension of Cato. Second Count with intent to do him grievous bodily harm.
MR. KYD Prosecuted.
HARRY GILES . I could not tell at first who rushed past me, because I missed him and he run amongst the bushes in the dark, but I flew at Cato and caught him round the neck; then it was strength against strength—we struggled—something was said which I could not quite pick up; then Brown hit me with something—I do not recollect anything more—the blow has affected my hearing.
Cross-examined by Cato. I could not hear what you said because my car was rubbing against you in the struggle, and our faces were together.
Cross-examined by Brown. My wife followed me into the garden with the child, which was screaming—it was dusk—the constable was then in the next garden.
Re-examined. I am certain Brown was the person who hit me.
EMILY GILES . When my husband went out he was met by a constable I followed him I saw Ward run up the garden—Cato came over the fence—my husband claimed him—Brown hit my husband in the face with this jemmy as he was struggling with Cato—I was excited and the child
was screaming—I cannot say what was said, but there was dreadful language and noise.
Cross-examined by Brown. A constable and two neighbours arrested you in the garden.
THOMAS LAW (424 Y.). I was getting over the garden wall from No. 11 to No. 9—I saw the struggle with Cato and the prosecutor—Cato shouted. "Hit him, knock his f—g brains out"—Brown dealt him a terrible blow with the jemmy and jumped over the wall into No. 11—I followed him—he got away, and was not arrested till the next night.
Cross-examined by Brown. You were one side the wall and I the other, the numbers are odd—you were just in front of me when I got over the wall—it is about six feet high—you were two yards the other side the wall.
Cross-examined by Cato. You were struggling with the prosecutor as I looked over the wall—I was getting over the wall when you shouted—you ran to the bottom of the garden and climbed over into Malvern Terrace.
ARTHUR HENRY THOMPSON , B.M. I act as Police surgeon of the Y Division at the Caledonian Road Police Station—I was called to the station on February 21st at 8 p.m.—I examined Giles and found a contused lacerated wound above the bridge of his nose, a compound fracture of the nasal bone; the end of the nasal bone projected into the wound—there were two breakages, a compound fracture—he was suffering from a severe shock, and seemed dazed—I dressed the wound and set the fracture—he fainted while I was doing this—in a few days a swelling of the nose occurred and extravasation of blood on the upper layer of the eyelids—he had to remain in-doors and keep very quiet—the blow must have been very violent—if it had gone a little further on either side it would have killed him—he is recovering, but his nose will always be deformed—I am not prepared to say that there will not be more symptoms of the injury: more trouble.
The prisoners' statements before the Magistrate.
Brown says: "The man Cato has nothing to do with it, I have not seen him for two days." Cato says: "I am perfectly innocent. I was not there."
Brown's defence: "I threw the jemmy away so that the Police should not find it when the prosecutor must have been struggling on the ground, so that it caught him in the face, but it was not done intentionally I am sorry." Cato's defence: "I was at a public-house at the time the robbery was supposed to take place."
GUILTY . The prisoners then PLEADED GUILTY to previous convictions, Brown at Clerkenwell on July 5th 1898. and eight other convictions were proved against him; Cato at this Court in October, 1899, and nine other convictions were proved against him. Both prisoners (as well as Ward) were stated to belong to a notorious gang of thieves. Each three years penal servitude for the burglary and five years penal servitude for the assault, to run concurrently. Ward then PLEADED GUILTY to a conviction at Clerkenwell
on June 4th, 1901, and another conviction was proved against him. Three years' penal servitude.
The. Court concurred in a presentment of the Grand Jury in commendation of Constable Law's conduct.
MR. DUNN Prosecuted.
HARRY SANDOW . I am a house decorator, of 15, Cambridge Road, Bethnal Green—on February 7th, about 8.30 a.m., the prisoner came into my shop and asked me for sixpence—I refused and turned away—he struck me, took my watch and chain, and ran away—I started bleeding, I went to the station—I have known the prisoner about four years, because I have the contract for work on the houses in Prarie Street where he lives—I next saw him in the afternoon, when a constable took him by the shop—I said, "That is the same man"—I have had the watch twelve months, my mother paid 12s. for it.
Cross-examined by the prisoner. I did not say before the Magistrate that a Jew boy took my chain—I have not drunk with you, and have no dealings with people living on the estate where I do the repairs.
ALBERT GIBBS (253 J.). On this Saturday afternoon I saw the prisoner in Whitechapel Road—I told him I should arrest him on suspicion of assault and robbery—on the way to the station the prosecutor said that he was the man, and came to the station and charged him—when charged the prisoner said, "I will hang on the road for him after this"—he was slightly intoxicated.
The prisoner's statement before the Magistrate. "I am not guilty. I remember nothing of it. I admit I was drunk. I have some witnesses."
The prisoner, in his defence on oath, repeated this statement.
Evidence for the defence.
MARY ANN GORBELL . I am the prisoner's mother—he will be 27 next July—at Worship Street Police Court I asked the prosecutor, "Are you sure it was George Gorbell who robbed you?"—he said, "No, I am not sure it was not George Gorbell who robbed me, it was a funny looking Jew boy "'—I said, "Why did not you lock the Jew boy up?"—he said, "I did not know him; I would not mind if he would bring my chain back"—Sandow does up our house, and often drinks with Gorbell, who has been a haddock-curer for thirty years, and worked for his brother till he had sons growing up, when he had to sack him, and now he works for Mr. Millet—I have often seen Sandow with my son—they are friends—my son if he knows houses to be done up tells Sandow where they are.
EDWIN BROOKS . I am a fish curer—I am the prisoner's cousin—he works for Mr. Mallet—on the Saturday morning he was in my place, drunk—he came in about 12.30 at night, drunk—he stopped till 5 a.m.—he had more drink—I took it there in a bottle—he told me he was going into the Blind Beggars at 5 o'clock when it opened—when this matter came before the Magistrate on February 9th I heard the prisoner sa, to my aunty
Mary Ann, "George never had his chain, the Jew boy had his chain" and that if he got a bit of his chain back he would not press the charge.
HARRY SANDOW Re-examined. have not had drinks with the prisoner, if I drank with that class of people it would spoil my trade—what I said at the Police court was, "If Gorbell will give me back my bit of chain which my mother gave me I will let the charge go and not go into Court: I have had the chain twelve years from my mother's hand '—I swear Gorbell stole it—I did not say that a Jew boy stole it—I did not see anybody with the prisoner when he struck me—a Jew boy named Is works for me.
NOT GUILTY .
MR. PASMORE Prosecuted; MR. METHVEN Defended.
WILLIAM JEWELL . I am a labourer of 49, Longfellow Street, Mile End—on February 13th I was walking home through Whitechapel, when three men closed on me; one on each side caught hold of my arms and one in front punched me on my mouth and threw me on the ground—they rifled my pockets, fell on me, and one kicked me—the prisoner was the one in front of me, and be struck me on my mouth—one of his friends kicked me—he robbed me of between 6s. and 7s.—this pipe is mine—it was in my right outside coat pocket—I swear to it because it was given to me by a man who accidentally knocked against me and broke mine—I was hurt—my lip was cut—I was knocked on the back of my head and almost stunned.
Cross-examined. I had had a drop to drink—the assault was alongside a hoarding—the last public house I had been in was over the water in Tooley Street at the bottom of the Tower Bridge, about a couple of miles from where this took place—I passed the night in the Police station—I was charged with being drunk—the prisoner took the money out of my left hand pocket—the prisoner asked me if there was a name on the pipe—the name is."Dan Leno"—I work at the docks casually.
ALEXANDER MCHARDY (120 J.) About I a.m. on February 19th I was on duty in Whitechapel Road—I walked behind a hoarding and heard a dull noise like a man falling—I ran round the hoarding and saw the prisoner with two other men on the top of the prisoner, kicking and beating him—I ran round by the side of a shop till I got within 50 yards unnoticed—the prisoner was kneeling on the prosecutor—I saw him put his hand in the prosecutor's right-hand trousers pocket—one man cried, "Look out"—the three of them sprang to their feet—one ran into the middle of the road—Haley and the other man came towards me—I arrested Haley, the other one passed me—I took Haley back to the prosecutor who was lying on the footway—the right-hand pocket of his coat was torn out—I asked the prosecutor if he had lost anything—he said, "I don't know"—I told the prisoner I should take him to the station—he said. "What is the good of taking any notice of him, he is drunk?"—I searched the prisoner at the station and found 5s. in silver, 7d. in bronze, three other
coins in different pockets and two pipes—this pipe the prosecutor identified-m reply to the charge the prisoner said, "I bought that pipe in the Cambridge Road—I did not lose sight of the prisoner.
Cross-examined There is a public-house at the corner of Thomas Street called the Star and Garter—I was first 60 or 70 yards off the scene of assault—I did not see the commencement—Haley had just started to run when I arrested him—the prosecutor was drank and incapable—I locked him up.
The prisoner, in his defence on oath, said that he saw the prosecutor followed by two men from the Star and Garter, where they had been drinking and that he was going home in that direction when he was arrested.
NOT GUILTY .
OLD COURT.—Wednesday and Thursday, March 11th and 12th, 1903.
Before Mr. Recorder.
294. EDWARD FERGUSON (50), HENRY ALLEN (42), and ERNEST SCHIRMER (36) , Conspiring with other persons unknown to obtain goods by false pretences Other counts for obtaining provisions and credit by false pretences, with intent to defraud.
MR. MUIR, MR. GRAHAM CAMPBELL, and MR. JAY Prosecuted.
ADOLPH STERN . I am a partner in Miner and Stern, egg merchants, Borough—I received this letter of January 17th, 1902, purporting to come from James and Co. British and Commercial Produce Merchants 51 to 56 Portland Market, London, N.W., for quotation of prices, and on January 22nd this further letter asking for the delivery of five cases of eggs at 5s.—I refused to part with the eggs without the money, and there was further Correspondence—on January 31st Furguson called with a cheque and bought five cases—he said he represented the firm of May, who had bought the business from James and Co.—I sold him those cases for cash only—he gave me this cheque for £19 19s. 2d. on Lloyds Bank, Limited West Kensington, already signed Kate Alberta May—I believed it was a good and valid order for payment—Ferguson filed up the body of it in my presence—I gave him the invoice produced—I allowed 3s. 4d. discount, and paid the cheque into my bank—it came back marked "Refer to drawer"—I have never been paid—I revived this letter of February 3rd from K.A. May, asking me to pay the cheque in again, which I did—it was returned a second time—I communicated with my solicitor who threatened prosecution—Allen came to my office and said he came' from May and Co., and asked us to stay prosecution because my cheque would he paid the next day by 3 or 4 o'clock-acting on instructions from my solicitor I declined to see or speak to him—my clerk spoke to him and I Peeped through the window and saw him.
FREDERICK GEORGE PENDERILL . I am a clerk at St. Katherine's Docks—I produce delivery order No.-4892 of January 31st 1902, from K. A. May for five cases of eggs signed Kolliner and stern I delivered them on February 1st and the delivery book is signed "F. C. May "
time but re-opened on January 25, 1902, with a payment in of £10 11s., including a cheque for £6 drawn by James and Co.—I produce a certificate and correct copy of the account taken from the books—on January 31st it shows a balance due to the bank of 17s. 7d.—the account was most unsatisfactory—between January 25th, 1902, and December 9th. fifty-three cheques were drawn by K. A. May and between forty and fifty were returned marked "Not sufficient," or "Refer to drawer"—this letter of complaint of January 28th, 1902, is from the bank and the answer is produced.
JAMES HERBERT WARREN . I am one of the firm of Warren, Sons, and Co., wholesale provision merchants, of 133, High Street, Whitechapel—the witnesses Birch and Dudley are in our employment and authorised to transact business for us—in August, 1901, we received a cheque for goods from Medwin and Co., of Hastings—in July, 1902, our firm supplied goods for £19 16s. 2d. cash to Linden and Co., 606 Seven Sisters Road, but the cheque was returned and never paid.
Cross-examined by Allen. All the goods you had were paid for.
HERBERT DUDLEY . I am a salesman for Warren, Sons, and Co.—this letter purporting to come from George Medwin and Co., wholesale and retail provision merchants of Queen's Road, Hastings, asking for price list and terms is in Ferguson's writing—I replied by this letter of August 8th that our firm preferred cash before sending the hams asked for—Ferguson afterwards called giving the name of Medwin as his firm—he bought hams to the value of £40 for which he gave this cheque—it was returned marked "Refer to drawer"—the goods were first sent to Medwin and Co., Hastings—I received information and endeavoured to trace them—I found some of them in a shop in the Blackfriars Road—the label was on some of the packets—I believe that was the Monday after Ferguson called on us—the person in charge of the shop found somebody who paid for the goods.
Cross-examined by Ferguson. £40 was given to me which covered the dishonoured cheque.
Cross-examined by Allen. I fancy I remember seeing you at our place.
JAMES ARTHUR BIRCH . I am a clerk to Warren, Son and Co.—I have seen Allen at our place—I received orders from Linden and Co. of 606. Seven Sisters Road—as a rule Linden came—he is not one of the prisoners—this invoice is for £29 0s. 4d.—I received this cheque, in Ferguson's writing, for £.30 10s. 3d., and dated July 18th, signed R. Linden, on the London and Westminster Bank. Ltd. Finsbury Branch—it came back dishonoured three times—on July 26th Linden called with an explanation of the dishonoured cheque, and ordered more goods—he gave me this cheque for £19 5s. 11d.—it was dishonoured—I did not know that credit had been given to Medwin the previous year nor that Medwin and Linden wore the same people—I sent this letter to Linden, "July 28th. 1902. As you have not called to-day as promised, we shall pay your cheque into the Bank to-morrow, and trust that it will be duly honoured"—I received this reply of August 1, signed R. Linden (asking that the cheque should be held over till the Tuesday)—I believe I went on the Monday and saw Linden at Seven Sisters Road—
he said he could not make it out, but he had gone up to the Bank, and it was all right—I wrote the letter of August 1st, stating that we had instructed our solicitor to take legal proceedings if he failed to bring the cash—we got no cash.
Cross-examined by Ferguson. Linden filled the cheques in—they were signed in blank.
Cross-examined by Allen. They are not in your writing.
Re-examined. That is the man I thought was Linden. (Perrot, a witness for the Defence).
THEODORE JOSHUA NICHOLLS . I am cashier of the Finsbury Park Branch of the London and Westminster Bank—Linden, of 606, Seven Sisters Road, had an account there—I produce a certified copy of it taken from the ledger—it has been examined, and found correct—it was opened on July 16th, 1902, with a payment in of £59 3s. 3d., including a cheque for £27 5s. 3d., signed by May, on Lloyds Bank—the cheque was presented and returned unpaid—I also produce a list of other cheques paid into the Bank and returned dishonoured—they include the names of May, Allen, and James—I have also a list of twenty cheques presented to the Bank and returned unpaid between July 18th and August 30th, among them those to Warren, Sons and Co. for £30 10s. 3d. and £19 5s. 11d., which were returned marked "Effects not cleared."
Cross-examined by Ferguson. You paid away £393 from July 17th to August 29th.
DONALD MUNRO . I live at 9, Lessing Street, Honor Oak Park—in September last I was manager to Irvine Bros., provision merchants, of Tooley Street, and manager at their stall at the Grocery Exhibition at the Agricultural Hall—Ferguson was introduced to me as Woodville by a salesman at the Exhibition, as a grocer in a very large way at Short Street, Spitalfields, and 606, Seven Sisters Road—subsequently orders came to our firm from George Woodville, and goods were supplied—on October 10 there was due for goods supplied £177 6s.—a further order came from Ferguson on that day—I declined to supply further goods without the payment of what was already due—I had received small payments, and cheques were met—I told Woodville that I could not supply him with more goods till he paid what was due—he gave me a cheque—I said, "I suppose that will be all right?"—he said, "That will be all right"—I believed it to be a good cheque and allowed him to have further credit—I gave him the receipt produced—Exhibit 52 is a press copy of the invoice for the £177—I supplied him with ten casks of butter, value £51 16s. 8d.—they were called for by a Mr. Brown who signed the warehouse book on delivery, in which I find the entry, "10 casks butter to G. Woodville. G. Brown"—the cheque for £177 was put through the bank and returned marked, "Amount not provided for"—it was sent by special messenger as a result of a conversation I had with Woodville, that it would be met after lunch that day—it came back in the same way—I sent it the following day by special messenger, and it was again returned—I wrote Woodville the letter of October 13, stating that I would call at 12 to-morrow—I saw him on the 14th, and told him how serious it was—he said if I presented it
about lunch time he would attend to it—he wired in response to a telegram that he would call—the cheque not being paid. I issued a writ—I was not paid for the butter delivered on the 11th—I got judgment—I got nothing from that—I received this letter from Mrs. May, of 106", Canonbury Road after the issue of the writ of December 5th, stating that an appearance had been put in, but, to save expense, asking for an interview to see if we could come to some arrangement—I received an order from the prisoner Allen on September 29 for twenty-five pails of lard—I came to know him through Mason, a salesman, as A. J. Allen and Co. of 5 Cromer Street—I kept the lard at Hewitt's wharf, and issued an order for its delivery—at the same time he also ordered ten casks of butter, value £37 10s. 11d—two casks of butter were at the wharf—the rest was at Hay's wharf—the delivery order produced is signed by Allen—the butter was sold on the distinct stipulation of the London terms of cash in seven days from the delivery—I got no money—on making inquiries at Cromer Street, I found the shop shut and the landlord in possession—my solicitors issued a writ.
Cross-examined by Ferguson. I told you my firm did not deliver three pails of lard—Mason was in my employ.
JAMES BARTON . I live at 47, Outram Road, East Ham—I am clerk at Hewitt's wharf, Wapping Basin—I produce a delivery order to H. A. Allen and Co., 5. Cromer-street, of twenty-five pails of lard, signed Irvine Bros.—the application was made to me for delivery on September 30—I delivered the goods in accordance with the order to a person who signed this book "A. J. Allen."
JOSEPH BRUNNING . I am delivery clerk at Hay's Wharf, Tooley Street—on October 2 I delivered five parcels of butter to one of Carter, Paterson's men in consequence of receiving this delivery order—the consignors were Irvine Bros.—I also produce a book signed "Carter. Paterson."
REGINALD HURST . I am a clerk of the National Provincial Bank of England, Seven Sisters Road Brand)—I produce a certified copy of the account of George Woodville, Short-street, Spitalfields, taken from the bank books—the prisoner Ferguson is George Woodville who signed our book, and we have honoured his signature—the account was opened on October I, and closed on November 10—this cheque for £177 6s. was presented for payment on October 13—it was dishonoured—the balance was £16 5s. 2d. at that time—on October 14 four separate amounts were paid in, amounting to about £85—several other cheques were presented about that time and returned dishonoured, one on October 10 for £24 3s. 4d., to H. J. Webb, and one on October 16 for £32 12s. 8d. in favour of the Danish Butter Company—we wrote to Woodville, requesting him to close the account—there was then a balance of 8s. 6d., which we appropriated to charges.
Cross-examined by Ferguson. There are payments in of £87,£11,£40,
and so on—some cheques were met—the Danish Company's cheque was returned twice—it does not appear to have been paid through the bank.
JOHN ARTHUR ROBERTS . I live at 15, Fenchurch-street—I am agent to my father's estate—in March, 1902, I had the letting of 606, Seven Sisters Road, the shop and house—I received this letter of March 12, from K. A. May, offering £65 per annum for the house, and an agreement was prepared—Ferguson represented himself as May—I saw Schirmer at Short-street, where Woodville's name was on the window, about May, 1902—he was writing at a desk—the rent was payable monthly, £5 8s. 4d., in advance—in December a month's rent was due—I never authorised Ferguson to sublet the agreement provided that Ferguson was not to sublet—for the first six months the premises were let in the name of Kirkland Albert May, and to Kirkland, Albert May, and Kate Alberta May for the second six months—I have never seen that lady.
Cross-examined by Ferguson. I know that you met with an accident and were in the Acton Cottage Hospital—the rent started on April 15, in advance, the first payment was on May 10—the rent was paid all the time you were there—this is a copy of the agreement executed by "May"—you took the premises from my father, who is advanced in years—your shop appeared to be an ordinary provision shop with plenty of provisions.
Cross-examined by Allen. I have not seen you.
Cross-examined by Schirmer. I came to Short Street to see May—I left letters there—I did not see you open them—on one Thursday or Friday you told me where I could meet Woodville, as you called him—it might have been in the second half of November when I saw you last—Mason was there at the time—I told Mason I wanted to see Woodville—I took you for a clerk.
ISAAC DIGHTMAN . I am a tailor, of 23, Short Street, Spitalfields—on September 1, 1902, I first saw Ferguson as George Woodville—I let him the basement and shop of that house for twelve months at 15s. a week, as an office—he said he dealt in fowls, cheese, eggs, margerine, and butter—there were no fittings and no furniture—I lent him a table and a chair—provisions came in van-loads—they were put on the floor, and he used to send them away, sometimes in a couple of hours and sometimes as they came in—I cannot tell exactly, but there appeared to be wholesale and retail business—Schirmer had keys, and used to come for letters—I first saw him about a month or two after the date of the agreement, September 1, after a man named Tidyman left—Ferguson used to come, but not regularly Schirmer would come and open the shop, put a notice up, "Back in ten minutes"—he did not come back in ten minutes—he opened letters—I last saw him a few weeks before Christmas, when he came and opened the shop and took out the books, so I followed him—all that was left in the shop were empty baskets, but no fowls—about nine weeks' rent was owing—I was not paid that rent—I spoke to Schirmer—he said I had nothing to do with them—I took them to the Bishopsgate Police Station, and spoke to the constable but I could not find the name of his governor in the books—I asked Schirmer—he said, "I cannot tell you the name"—I did not know where Woodville or Ferguson was to be found.
Cross-examined by Ferguson. You had apples, eggs, margerine in baskets there—you used to sell them in the street and take some away—you owe me rent—some baskets are there, and I cannot let the place—if the baskets are worth at 12s. each more than the nine weeks' rent you owe, fetch them away; there are two or three dozen, and I could let the place at 5s. a week—this is the rent-book—I do not write—"J. Dightman" is signed by my son.
Cross-examined by Schirmer. I gave you in charge because I wanted the name of your governor—as you said you could not pay the rent, so I took you to the Police station for stealing the books, but the Police would not act.
FREDERICK WILLIAM MARTIN . I am employed by Mr. Johnson, solicitor, of 18, Theobald's Road, the landlord of 5, Cromer Street, Gray's Inn Road—in June, 1902, he let it to the prisoner Allen, who gave an address, 9, Cromer Road. Holloway, and as references Mr. Linden, of 606, Seven Sisters Road, by whom he said he had been employed, and Mr. Batrisk, of 19, Ballater Road, Brixton—I wrote to Linden and received no answer—I wrote to the other man and received an answer—he was stated to be the landlord where Allen was then living—I saw Allen about Linden's reference—he said he did not understand it, but it would be all right, and that he would go and see Linden—he went away and returned the same day with a letter from Linden, which was favourable—I believe we had a wire, but I cannot find it—I wrote again asking Linden to guarantee the rent, but got no answer—I let the house, and produce the counterpart lease signed by Allen, which he acknowledged in my presence—the term is twenty-one years terminable at seven or fourteen years Allen took possession the same day, July 14th—the rent was £65 for the first five years, £70 for the next five years, and £75 for the remainder of the term—I got no rent—I applied several times—Allen took possession on July 1st £10 16s. 8d. was due to September 29th—I could not find Allen—I distrained and put in a broker on October 8th—the distress realised £4 12s. 6d.—subsequently I got the remainder, and the lease was assigned to the man to whom Allen sold the business, who paid the Christmas rent, and as far as we know is still going on with the business.
Cross-examined by Allen. The broker deducted his expenses—you paid the remaining £6.
FRANCES BUNTING . I am married, and have lived at 9, Cromer Road, a little over a year, where I serve in a confectioner's and tobacconist's shop kept by my husband—Allen had letters addressed there by initials, which I forget—he never lived there.
[MR. MAHAFFY here appeared for Allen's defence.]
FREDERICK ARTHUR MASON . I am a clerk, of 606. Seven Sisters Road—up to September, 1902. I was employed by Irvine Brothers, provision merchants—I first became acquainted with Ferguson in September or October last at the Grocers' Exhibition at the Agricultural Hall—when I was in charge of Irvine Brothers stall, Ferguson as Woodvilie inquired the prices of lard and provisions—eventually I sold him twenty-five
pails of lard and one cask of butter—I sent the order to the firm in Tooley Street, and it was executed—I subsequently left Irvine's employment and entered that of Woodville at 23, Short Street, Spitalfields, as clerk and buyer at 50s. a week, which was about the same position as I had at Irvine's—Woodville gave me cheques in blank on banks, one of which was Lloyds Bank at Hammersmith—these were signed "Kate Alberta May"—I filled in the amounts as I bought the goods—I saw the lady many a time—another bank was the Provincial Bank, Holloway Road, in the name of George Woodville—the name at 606, Seven Sisters Road was changed from George Woodville to "The British Food Supply Association"—I bought bacon of William Thorn, of Smithfield, on Woodville's instructions—I gave him this cheque that I had from Woodville for £10 1s. 10d., signed "Kate Alberta May," of November 18th, and made payable to William Thorn, provision merchant, Smithfield Market—in Short Street there was a small shop and a warehouse—the body of the cheque is my writing—the bacon was delivered to the Seven Sisters Road by carrier—I drove the van to Paterson's Hotel about the middle of November with bacon and cheese in it, which came from Messrs. Thorn—we had two dealings with Thorn—the first was five sides of bacon, delivered at Seven Sisters Road, and the next five sides of bacon and three cheeses, which I took to Paterson's Hotel, Carthusian Street, E.C.—I paid by cheque—I saw Woodville, who is Ferguson, and Hill, who is Allen—I understood he was trading as Allen and Co.—one of them, I think it was Woodville, both being present, told me to load up three sides of bacon on to the Seven Sisters Road van and the two cheeses—the remainder of the bacon was left in Allen's van—Allen and Ferguson got up and drove away with it—this cheque, in favour of Thorn, of November 15th, for £10 1s. 10d., was for the five sides of bacon and two cheeses—I went to Charterhouse Street to Wolf, Sayer, and Feller's about the end of November by Ferguson's directions, where Allen was present with Allen's van, and loaded up with two half-tierces, and a tierce of sausage skins—I think the order was worth about £20—they were unloaded again, and I drove the empty van back to Paterson's Hotel, where I saw Ferguson and Allen—I told them that the manager had said that they had made inquiries of Woodville which were not satisfactory, and that he would like me to unload the van, and that I had said, "Yes, certainly"—both Allen and Ferguson were very wild, and said I was a fool—they got in the van and I drove away—I left that day or the day after—I have something due to me now from Ferguson—I was not in Allen's employment—from what I saw I thought it was best to get away—my leaving was a sort of mutual thing—about November 22nd or 23rd I went to the firm of Jacob Jones, at Clapton, with Allen, on Ferguson's instructions, to buy goods for the British Food Supply Association—I went on to the wharf, but did not get any goods—I went back to Allen—I told him I had been to see the manager or the foreman and told him that I came from the British Food Supply Association, but directly I gave the address, 606, Seven Sisters Road, he said, "No, thank you. We have had enough of them," and that he asked me if I knew Linden, and
that I said I did not, that I had nothing to do with it. I had simply lent my van—I saw Schirmer at 23, Short Street—he did the correspondence, in German, I believe—there was a good bit of Correspondence in fits and starts—I told Ferguson the result of my visit, and we drove to the Three Brewers public-house in the New North Road—Ferguson said, "Linden used to keep the shop but I believe he is at Southend now; I do not know where he is"—Linden, I know now, used to be in Whitechapel Street and at Seven Sisters Road—I met Schirmer once or twice in Smithfield—I am not now in employment, I shall be after this week—I went with Schirmer into a public house in Carthusian Street the last Saturday in November—I saw Ferguson and several other gentlemen—I was living at Seven Sisters Road over the shop with my wife, where I am still living as a lodger—Schirmer said, "You had better clear out of Seven Sisters Road this afternoon"—I asked him why—he said, "You take my advice and go, even if it is with a wheelbarrow, because they are going to shift from there the first thing Monday morning—I said, "I can protect myself; I am not going to shift out: I am not going to be put to any inconvenience"—they went away early on Monday morning—Harry Medwin, whom I thought was Ferguson's brother-in-law, Mr. Glassy, Ferguson's manager, and Schirmer were there all Sunday packing—I went to the Police on Saturday night and asked for protection for my furniture—I received this letter in Schirmer's writing in the first week in December that he was taken with his van to the Police station at King's Cross for being in possession of a stolen van and goods and remanded—when Schirmer went away with the stock of the shop in the van, he was stopped by the Police—I replied that I was awfully upset, and that I would see him on Sunday—I also received Schirmer's letter of December 6th from Brixton Prison, asking for the addresses of Godwin, Glassy, and May, whom he wanted as witnesses—I wrote to Godwin and May, but got no answer—May, I thought, was Ferguson's wife, and Godwin Mrs. May's father—when the shop was in the name of Woodville, Ferguson resided there with Mrs. May—I was introduced to her as his wife—Godwin lived at Kensington, and visited them occasionally—I saw Schirmer outside the Court after the hearing, when he was discharged—that was about a fortnight or three weeks before Christmas—he said, "Don't stop talking here, come up the road"—when I went with him up the road he said that he had had enough of Ferguson: he could not stop, and I invited him to dinner the following Sunday—he said he did not want to see any of them outside the Court, and that he was going to a solicitor at King's Cross, and then he said he was going to Germany.
Cross-examined by Ferguson. I went into your employment about October—I was with you about a month—I left Munro Bros. because I had a dispute with them—they were not satisfied with me as a salesman, and you said, "Come with me. I can find you a berth"—I went to the retailers and could not get sufficient orders—that was the only reason of my leaving—it was not embezzlement—I did not admit that it was, at the Police Court—that was not the reason you discharged me: the reason you gave was because I could not got you more credit, and I would not have
more to do with you—I never asked you for work—my sister and I accompanied you and your wife to a music hall when I was employed at Irvine's—you approached me then for the first time—you did not give me any money at the Grocer's Exhibition, you lent me a cheque, which I cashed with my butcher, who came and bullied my wife because the cheque was not met, and I saw your wife, or May, at Highbury about it—that did more harm to me amongst the tradespeople than anything else—I drew money for butter and lard, and accounted to you for it, and gave you on account 17s. 11d., which you told me to keep as part of my wages, and that was all I got that Saturday—I drew money on the pheasants and rabbits because I was not going round the public houses to find you when you had not enough for Schirmer, and you were under a penalty for selling without a game license; you told me to sell them, but if I had known what I do now I would not have done it, because you were under a penalty to the Excise, and I had to pay the coffee shop for our dinners and teas—it is a he to say I embezzled £20—I was not discharged from Irvine's for forging—I wish I had never seen you—you have absolutely ruined my house—Glassy gave me money—I kept it.
Cross-examined by Schirmer. You were a clerk and acted under me—I used to meet Ferguson every morning—you were at Seven Sisters Road when the packing was going on—I gave you 15s., received from the sale of the rabbits, and paid the coffee shop for our dinners and teas.
Re-examined. It was Allen's van I took to Charterhouse Street—Allen went with, me to Jacobs & Jones, of Clapton—Ferguson asked me to take the van down, and Allen said, "Yes, I will drive down with him."
GEORGE BOWEN . I entered Linden's employment, at 606, Seven Sisters Road, in March last year, as outside man—Linden is Ferguson—the woman known as Mrs. May represented herself to be Ferguson's wife—Harry Godwin and Jack Ferguson, the prisoner's son, were also there—he is about twenty or twenty-two years old—this delivery note counterfoil of October 11 is his writing, "Mr. G. Goodville, 23, Short-street, received in good condition, 10 casks of butter. G. Brown"—that is Ferguson's signature—I remember the name on the shop being changed from Linden to Woodville—I do not remember the date—I have seen the prisoner Allen at Seven Sisters Road—he came to see Ferguson—he took cheese and butter from the shop to Cromer Street, Gray's Inn Road—he carried on business in the names of Allen & Hill—I have seen Schirmer at Seven Sisters Road at various times—he was at Short Street, but I did not have anything to do with that—afterwards the name of the business was changed to that of the British Food Supply Association.
Cross-examined by Ferguson. I was not aware that you were in the hospital on March 30, but you were upstairs in bed when I first saw you, and when you engaged me at the end of March or the beginning of April, as far as I recollect—I was in your employment five or six months.
Cross-examined by MR. MAHAFFY. I cannot prove that Allen did not Pay for the butter when he took it away.
December 19—they were introduced to me—they asked for poultry—I sold them six cases—I left instructions with the carman to deliver them the following day—the following Saturday I received this cheque for £17 18s. 8d.—it was paid into my Bank, but not met—on December 20 I received a telephonic message about goods to be sent to sonic address in the Edgware Road—I did not send any—I received a card similar to this, "Alexander Furness &, Co. 65 & 66, Marylebone Lane"—if I had known they had banking accounts on which cheques were not met I would not have given credit.
Cross-examined by Ferguson. I saw the cheque when I came on the Monday morning—I sent specially to the Bank—I returned the cheque to the carman.
Cross-examined by MR. MAHAFFY. It is not the invariable custom to present cheques at once—they arc usually held a little time.
Cross-examined by Schirmer. I don't remember seeing you.
EDWARD MUTTER . I am a carman to Joseph Harmer &, Co.—on December 20 last Mr. Harmer gave me four cases of turkeys to convey to 67, Marylebone Lane, with instructions to take cash or notes, but no cheques—when I got to Furness & Co.'s office I saw a lady and Schirmer—the lady said, "I cannot give you cash to-night, the Bank is closed now; wait till Harry comes '—she said they had other shops, that he was waiting for the van, and must have lost his way—I waited till Allen came shortly afterwards—the lady said Harry would go and telephone, and Allen went away—he came back in about half an hour, and said, "All right you must take a cheque"—he said he had been speaking to Klefisch, who had said. "All right." and I believed him—he handed me this cheque—I said I hoped it would not be like one where we had just got done for £21—he said. "No, everything is all right, my boy"—Allen signed this delivery note—Schirmer wrote this cheque in my presence, and took it from his cheque book—it was signed—he gave it to me.
Cross-examined by Mr. Ferguson. I do not know you.
Cross-examined by MR. MAHAFFY. I said before Magistrate. He said, All is right. I have spoken to Mr. Klefisch, you are to take a cheque'—the cheque is signed in the name of May.
Cross-examined by Schirmer. You wrote the cheque out by Mrs. Mays orders.
Re-examined. I only know that Allen went away from what he told me.
JOSEPH HARMER . I employ the last witness—in consequence of something I heard. I went to Marylebone Lane on December 22—I told Schirmer I had a cheque which had been returned from the Bank dishonoured, and asked him to tell me about it—he said, "Oh. the cheque is all right"—I asked him who Mr. Furness was—he said Mr. Furness was out, but would be back at I 1.30 to 2 o'clock—I asked him where Furness lived—he said at Kensington—I asked him if he could pay me the value of the cheque—he said no, he was only a clerk, but that Mr. Furness had thousands of pounds in the Bank I asked where the goods were he said that they went away
in the morning—in the shop I saw a butcher's stand, a pair of scales, and some empty margerine boxes.
Cross-examined by Ferguson. It was a warehouse.
Cross-examined by Schirmer. I did not see you talk to a lady—you did not say that was Mrs. May—I was there about a quarter of an hour.
JOHN HODINNOTT . I am a traveller for John Thompson and Co., provision merchants, 3, Denman Street, Piccadilly—on December 15th Allen brought this card of Alexander Furness and Co. 65 and 67, Marylebone Lane—he asked if we had any good eggs—I told him yes—he bought two half cases, value £4 18s.—he said he would pay cash on delivery—I took the goods to 65, Marylebone Lane and saw Schirman standing near the Post Office at the corner of Marylebone Lane—he came up and said he had the keys—I took them inside—he gave me this cheque for £4 18s. signed "F. C. May"—I paid it into Messrs. Thompson's account,—it was returned on the Wednesday dishonoured—I paid it in again and it was returned—on the Wednesday I went to Marylebone Lane and found the shop closed—I waited and Schirmer came and opened the side door—he appeared to look for letters—when he came out I asked him if his governor was in—he said no, he did not know when he would be—I told him the cheque had been returned—he said "The governor told me it would be; as he has changed his Bank"—I said it was strange to draw a cheque on a bank with a closed account"—I asked him if he knew Allen's address, he said he did not—I asked him where he got his wages—he said in the street, and that he was engaged and taken on in the street and he knew of no place—I asked him for his own address—he said he would not give it me—I asked if he knew where F. C. May was—he said he did not know—I asked where the eggs had gone—he said. "They were taken away on Tuesday morning"—we did not get the money nor the eggs—I received this telegram the same evening. "Will see you at your office, Thursday, Furness"—on Thursday. December 18th, Schirmer called—he said his governor was sorry he could not keep the appointment, but he would come at six o'clock or the following morning—he did not come—I went again to Marylebone Lane—I said, "Has the governor not come to town?"—Schirmer said, "No."
Cross-examined by Ferguson. I never saw you in the transaction—Schirmer did not say who his governor—was.
Cross-examined by MR. MAHAFFY. He did not tell me that Allen was principal.
Cross-examined by Schirner. You appeared to be an ordinary servant—you said you got the cheque form Allen—it was already signed.
ALBERT LEMIRE . I am an egg and butter merchant of 88, St. John Street, in the name of A. Lemire and Co.—Ferguson called on December 10th and bought 1,200 eggs and some turkeys of the value of £11 12s. 4d. subsequently I received this cheque for that amount, signed, "F. C. May "I paid it into Prescott's Bank—it was returned marked "Not sufficient.
Cross-examined by Schirmer. I have not seen you.
I Look some eggs and turkeys to Marylebone Lane on December 6th—I saw Schirmer and a woman—I asked if Johnson and Furness were, there—they said "Yes"—before I took the goods in I asked if they were going to be paid for—they said. "Yes, bring them in"—I was paid this cheque—Schirmer filled in the body, but the name was there signed; when I got outside I noticed that it was not dated—I took it back and asked them to date it, which Schirmer did—I gave the receipt to Schirmer when he passed it.
Cross-examined by Ferguson. I never saw you.
Cross-examined by Schirmer. The lady appeared to manage—I did not speak to you, only when I gave you the receipt.
CHARLES FAIRMAN . I am manager of Messrs. Prescott's Bank—I produce a copy of Frank May's account there—his balance on May 13th was 3s. 8d.—the account was opened on March 10th. and on the 12th I wrote to him to close it and return the cheque book, the account was so very unsatisfactory—on that day a cheque for £22 17s. 9d. was paid in signed in the name of May, and drawn on Lloyds Bank at West Kensington—that was returned unpaid—on September 15th this letter, asking for the balance, was brought to me by some one who spoke with a German accent—I said, "The balance is 3s. 8d."
Cross-examined by Ferguson. I do not remember a party bringing £.35 on December 22nd—I should not have taken it if he had.
ALBERT DRAPER (Police Sergeant D.) On the evening of December 23rd. with other officers, I arrested the three prisoners at Highbury—they were together in the Cock public house—I told them we were Police officers, and read the warrant—I referred to Ferguson as May—he said he was not May—I showed him the signatures on the cheque—he said he knew nothing about Allen—another officer arrested Allen while I was with Schirman and Ferguson—Schirman said. "I was employed by May and Allen simply as a servant—they paid me 30s. a week—they told me I was to take in goods and give the cheques: I could not help it if they did not pay" and that he had only been there a short time—I found this cheque book on Prescott, Dimsdale and Co. bearing the name of C. May; another cheque book in the name of Ferguson—on December 23rd I kept watch at Marylebone—about 5.30 I saw Allen in High Street go to the telephone office—he came out and met Ferguson—I had seen Schirmer a number of times in the shop, but Ferguson only hobbling about the vicinity—I searched 106, Cannonbury Road and found a pass book in the name of George Woodville, and bank books and cheques on a large number of banks and a quantity of papers—Ferguson and Allen appear to have had about twenty-six banking accounts and seventeen different names, and to have started each account by a dishonoured cheque on the old account—I found 30s. on Ferguson.
Cross-examined by Ferguson Some of the eleven names were Ferguson. May. James. Edwards, Woodville, Linden F. C. May, and various modifycations
of those names, also Medwin and Co. at Hastings, and Faulkner and Co. in another place.
Cross-examined by MR. MAHAFFY. I handed Allen over to another officer on December 23rd—I followed Schirman to a public house where they all met three days before the execution of the warrant—the bankers do not know the cheque is bad till the account is opened and the cheque is returned dishonoured and the prisoners have possession of a cheque hook—I have examined and found four accounts started in that way—Ferguson drew a cheque on Dimsdales in favour of a firm in Gracechurch with nothing to meet it—there was a little money.
ALFRED DYER (Detective Officer D). I arrested Allen—I took him to Marylebone Police Station—on the way he said, "I suppose this is for those two boxes of eggs; I bought them, and May ought to have paid for them; he has plenty of money"—I found 13s. 9 1/2 d. on him.
Cross-examined by MR. MAHAFFY. When charged at the station Allen made no reply.
Allen, in his defence on oath, stated that he had known Ferguson three years, and believed he was doing a legitimate business; that he did not understand the telephone, but got an answer, "Yes;" that if the cheques had not been specially cleared in haste, but had been presented in the ordinary manner they would have been met.
Ferguson's defence: "I intended to carry on a legitimate business, but had received bad cheques which put me into difficulties."
SCHIRMER, NOT GUILTY .
FERGUSON and ALLEN, GUILTY .
Four convictions were proved against FERGUSON.— Five years penal servitude.
ALLEN, against whom a conviction was proved for larceny as a servant seven years ago, Twelve months hard labour.
NEW COURT.—Wednesday, March 11th, 1903.
Before Mr. Recorder.
295. GUSTAVE LUDWIG TRUBENBACH, Maliciously publishing a defamatory libel on Adolph Rettich, to which he pleaded a justification. Mr. Marshall Hall and Mr. Brandon Prosecuted; MR. MUIR and MR. HUMPHREYS Defended.
MINNIE FLORENCE LAMBERT . Up to January 9th I was manageress of the Neostyle Manufacturing Company, limited, 1. Gracechurch Street, and since then at 127, High Holborn—Trubenbach brought a circular to be typed on January 2nd—he gave me his name, which I entered—"n accordance with his instructions I duplicated 500 copies—he called for them on January 6th, and I find £2 15s. entered in our book as paid by cheque, which was honoured—on January 8th he brought a draft for 300 copies to be made in German—that work was stopped in conesquense of Mr. Rettich calling with his solicitor—on January 9th Trubenbach called at our office, then in Victoria Street, when the manageress told him in my presence that we-could not make the Gorman copies—this draft was put in at the Mansion House—[This was addressed to the
shareholders of the Newlands, West Grigualand Diamond Mines, limited, and charged Mr. Rettich with forgery and the suppression of the assets of the company.]
GEORGE OGILVY HAIG . My address is 65, Brook Street—in 1899 I purchased 100 shares in the Newlands Company through my clerk, Mr. Ives—I am a. director of Haig and Haig—the signature to this transfer of 100 shares of October 31st, 1899, is not mine—it purports to be signed by me, "G. O. Haig," in the presence of Adolph Rettich, 5, Old Broad Street. E.G.—that is how I usually sign—I never saw Rettich till two years after that—I gave no one authority to write my name upon that transfer—I knew of it afterwards, but not at that date—I understood I was buying from the company—eventually I got a certificate—it may have come by post—I have not got it now—some two years afterwards I got a notice and went to the company's office, 5, Old Broad Street—I saw this transfer—it was about the summer of 1901—I saw Rettich—I asked him to hand me back my money on account of the transaction—I had paid for the shares—I have no recollection whether it was through Mr. Ives, who was a clerk to Haig and Haig at that time—I do not think we discussed the matter—I got my money from Rettich two or three weeks afterwards—I have no recollection of what he said—I received the same amount I had paid—I think it was £220 or £225, and I think in cash—I suppose I re-transferred the shares—I have no recollection; I must have done.
Cross-examined. I am a partner of Haig and Haig now; it is a public company—I left the transaction to Mr. Ives—I did not give him authority to sign the transfer—I do not suggest that I have been defrauded in any way by my name being put upon a transfer—I sign in three ways, but my ordinary commercial signature is "G. O. Haig"—no one could mistake this for my signature—the amount was paid through Haig and Haig and debited to me in my private drawings—the certificate would come in due course—I said it was not my signature—this is my real signature—[A letter of June 21st 1901, addressed to the secretary of the Newlands Company, agreeing to be bound by the transfer of 100 shares.]—I do not say it was a fraud—there is such a thing as compounding a felony—I got my money back—the secretary of the company wrote to me—there was an arrangement with Rettich—I do not know who signed the transfer—I authorised no one to sign it—I thought I was getting shares as a director of the company—I would sign the cheque—Ives was a clerk, and had no authority to sign cheques—Haig and Haig is a limited liability company—Mr. Miliken, the secretary of Haig and Haig, was a large shareholder, and brought papers to me—being a director of the company, I did not want them to know I was buying shares, and Miliken was willing to do me an obligement—I purchased through Ives and Miliken, and acted on their advice, naturally; Miliken pretended to know what he was doing.
Re-examined. I think I executed the re-transfer simultaneously to writing the letter at the request of my own lawyer—that was part of the bargain that I should write the letter to the company, get back my money,
and sign the re-transfer—the consideration was £15—I do not think I should have executed the re-transfer and received the £200 if I had seen that transfer.
THE RECORDER considered that an intention to defraud some person must be proved by the prisoner, or the justification would fail. MR. MUIR staled that he could not carry the case further.
The Jury found that the document was a libel, and that the prisoner published it.
GUILTY . Three days' imprisonment.
THIRD COURT.—Wednesday, March 11th, 1903.
Before Mr. Common Serjeant.
MR. MACMAHON Prosecuted.
EMILY FRANCES FULLER . I live with my father at 2, Waterfield Road, Hornsey Rise—on February 9th, at 10.30 p.m., I saw that the shutters and window of the breakfast room were closed—next day I missed a silver-plated hot-water jug, a plated cream jug, and a silver sugar sifter which were kept, some in the sideboard and some in a cupboard in the same room—these are the articles (Produced)—I saw them next at the Police station—the window was open when I came down on the morning of the 10th, and the shutter thrown up to the top.
MARY AGNES GORMAN . I am a servant at this house—on February 9th, at 9.30, I fastened the shutters and window in the breakfast room—I came down next morning at 6.40, and the sideboard drawers were open, and a water-jug, pepper castor, sugar basin, caddy spoon, and salt spoon were missing.
By the COURT. The bottom window sash was open and the shutter thrown up, it goes up and down—the lock of a workbox had been forced, but nothing of value taken from it—there was a foot-mark on the floor inside the window and on a tablecloth.
GEORGE HYDE (373 Y.). On February 12th, about 12.30, I was watching in Nicholas Lane, Upper Holloway, which is about a quarter of a mile from the house which was broken into, and about two o'clock I saw the two prisoners come to the corner of Elthorne Road and Hickley Road: they remained in conversation ten minutes; Harrisson then went in the direction of Holloway Road and Godfrey to 23, Hickley Road, and he went inside and remained a few minutes, came out again and met Harrisson and another man in Alphonse Road; they went to 23, Hickley Road and then to the bottom of Hickley Road, which is below No. 23—kept observation till 5.30 a.m.—I heard a knock at the street door when I was at the rear, and Harrisson jumped up in bed on the ground floor; there was a light burning; he loosened the catch, but saw me, and pulled it back again—I heard another knock, and Godfrey said, "Joe, they are coining"—Harrisson replied, "Let them"—Sergeant Hall then wont into the room from the front, and then I entered it.
Cross-examined by Harrisson. You never took your hand off the catch—there was a light in the room—I went to the bottom of Midgley Road and there was time for the other man to get away.
Cross-examined by Godfrey. When you said, "Joe, they are coming,' you were both in bed together—you were not dressed.
SUSAN JOHNSON . I am the wife of Wayland Johnson, of 29. Midgley Road. Upper Holloway—on June 22 Harrisson took the back parlour at my house, close by the side of my bedroom, in the name of John Moore—no one could enter his bedroom while I was in mine, without my hearing them if I was awake—the two prisoners lived there—they were out together on February 9 about 7 p.m. and Godfrey came back about 1.40 a.m.—I did not see her, I was in bed, but I saw her shadow through my door as she passed—she stopped eight or ten minutes, and then went out, and closed the street door after her, and a few minutes afterwards the street door was tried with a key but they could not get in, and went to the back of the house and tapped at their room window, but it was not opened, there was no one to open it—they came back to the street door and opened it and went into their own room, and about ten minutes afterwards Harrisson let a man out who said, "Good-night, or rather good morning; don't be late," and then they locked the door.
Cross-examined by Harrisson. I received a good character with you, but it was false—you referred to a shop where your mother lived—when I was in my room I could hear the tap on the window pane.
Cross-examined by Godfrey. I was indoors when the two men came in—I had never closed my eyes—I do not go to sleep till the door is bolted—I went to bed about 9.50, and your room was empty, and you did not come in till ten minutes to three.
FRANCIS HALL (Police Sergeant Y.) On February 10, about 2 a.m., I saw Harrisson enter No. 23, Nicholay Road—I did not see him actually enter the door, that was impossible but at 5.30 I went there with Inspector Morley and other officers—the landlady opened the door—I knocked at the door of the room the prisoners occupied—Harrisson came to the door in his shirt, and I went in—I told him I was a constable and should arrest him on suspicion of another case—Godfrey was sitting up in bed—I searched the room and found a box on the floor about three yards from the door; it Contained all these articles: there were one or two articles of old silver—I took possession of the things—Harrisson said nothing then, but at I a.m., when the property was identified, the charge was read over and Harrisson said, "I got in the place at 11.30. and brought the stuff home, and she," pointing to Godfrey, "was not at home; she knows nothing about it, she did not know they were there; I went out again and came in about 2: I went out to look for her"—Godfrey said, "I am innocent; I know nothing about it"—Hyde had made a communication to me and I went to the back of the house till I received further assistance.
Cross-examined by Harrisson. Godfrey was very excited, but I cannot say what she said, there was so much talking.
The prisoners' statement a before the Magistrate—Harrison says. "I arrived about 1.30. There have a lot of lies been told. I arrived and the
man told me to mind the goods for him; I went out with him to find my wife, and came back with him and she was at home. She never saw the property till the Police constable brought them" GODFREY says, "I went out to look for my husband and could not find him. I said, 'Good-night, Jack':: I never saw the things."
HUMPHREY'S Defence. I left my wife at home: I had been helping her to remove some things to another room, my wife was left at home. I met some friends, and a man asked me if he might leave some things; I said I would mind them till Monday morning. I went out with him, and returned again to the house for my wife, and when I came back she was at home the Policeman calls himself an Englishman, he deliberately swears my life away—I deny saying I brought the stuff home.
HARRISSON— GUILTY of burglary.
He then PLEADED GUILTY to a conviction at Clerkenwell on January 28, 1900. and six other convictions were proved against him. Five years' penal servitude.
GODFREY— GUILTY of receiving . Six months' hard labour.
FOURTH COURT.—Wednesday, March 11th, 1903.
Before Lumley Smith, Esq., K.C.
297. WILLIAM MANLEY ADAMS (52) PLEADED GUILTY to unlawfully obtaining from John Bennett, Lawes & Co., Ltd., divers sums by false pretences with intent to defraud; also to forging and uttering two orders for delivery of goods, with intent to defraud, having been convicted of conspiracy to defraud on November 27th, 1899. Fifteen months' hard labour.
HIDE PLEADED GUILTY to robbery without the violence.
MR. HENDERSON Prosecuted.
JAMES WILLIS . I am a fitter, of 44 Little George Street, Euston—on February 8th I was in little Exmouth-street at 12.15 a.m.—I had a glass of beer in the "Hope and Anchor "public house, and left—the prisoners followed me, got on each side of me, and struck me, caught me by my throat, and threw me to the ground and gagged me—whilst on the ground Wright put his hand in my pocket and took 30s. from me.
Cross-examined by Hide. I was not drunk, and was not turned out of the Police station when you were charged—I am positive it was you who held me and gagged me while Wright went over my pockets—I have known Hide by sight for nine years.
Cross-examined by Wright. I swear I was not the worse for liquor when I he it the public house—I may have had several glasses of beer.
ROBERT BUCK (586 S) On information I received I arrested Hide at 245 a.m. on February 8th—I told him I was arresting him for robbing a man in Exmouth Street—he said. "I will go quietly with you, constable; it is poor old Sammy again."—I took him to the station and charged him—he said, "It is poor old Sammy again, governor"—the prosecutor was
covered with dirt and dust as if he had boon thrown into the roadway and he had two cuts on his neck with blood oozing from them—he was a little under the influence of drink, hut not drunk.
Cross-examined by Hide. He was not turned out of the station for being drunk.
WILLIAM BETTERIDGE (199 D.) I was on duty in Tottenham Court Road on Sunday, February 8th—Wright was given into custody by the prosecutor—on being charged he said, "All right, I admit I was with Hide at the time, but I remember nothing much about it."
Cross-examined by Wright. You did not say when charged, "I admit I was with Hide last night"—you said. "At the time."
WRIGHT, in his defence on oath, mid that they had all been drinking heavily together, and left the public-house together: that the prosecutor went to a baked potato stall, and was immediately hustled by one or two people, and that his story was all invention.
Both GUILTY of robbery with violence.
HIDE— Two years' hard labour;
WRIGHT— Twelve months' hard labour.
MR. MAHAFFY Prosecuted.
FREDERICK NEWTON . I am a clerk, and live at 80, Devonshire Road, Holloway—I produce a cinematograph projector which is valued at £20, the property of the firm of Newman and Gardia. Limited, of Vine Grove. Tollington Park—their premises were broken into on December 19th—in consequence of information I received I charged the prisoners on January 29th.
GEORGE HILL . I am a timekeeper at Newman and Gardia's, and live at 8, Elmore Road, Essex Street, Islington—on going to my work at 7.50 a.m. on December 20th, I found that the premises had been entered and the articles mentioned in the charge missing—they are worth about £65.
JOHN RICHARDS (Police Sergeant G.) On January 28th. at 10.15 a.m. I went with a constable to 50, Bastwick Street. St. Luke's—I there saw Thomas Clancy—I told him we were Police officers and had reason to believe that he had stolen property in his room—be denied it—I searched the room and found this box (Produced)—he could not account for it being there—I took him to King's Cross Police Station.
THOMAS STACEY (Police Sergeant Y.) I charged Thomas Clancy on January 29th at King's Cross Road Police Station, with breaking into a warehouse at Vine Street, and stealing goods—he said "Quite right"—I took him to Hornsey Road Police Station where he was formally charged—he made no reply.
charged with; I done it, I think, on December 21st, I will make a statement at the station"—I took him into custody and to King's Cross Road Police Station.
ANDREW KIDD (Defective Sergeant G.) On January 21st I was with Selby in Farringdon Road—Matthew Clancy came up to us—I went with him and Selby to King's Cross Road Police Station, where he made this statement which I took down (Produced)—He made his mark on it. (This slated that he broke into the premises of Newman and Gardia and stole the things.)
FREDERICK HARVER . I am a cinematograph operator, of 118, Camberwell New Road—I produce a camera which I bought in Mr. Fowler's shop at Clerkenwell, for £1—it is not complete; it is somewhat out of date and has no lens—I was in the shop and a man came in to try and sell it—Mr. Fowler would not buy, it so I did—I did not see either of the prisoners.
WALTER LINFORD . I am an assistant to Mr. Fish, a pawnbroker, of Pentonville—I produce a photographic lens which was pledged at Mr. Fish's ship on December 22nd, for 15s.—I do not recognise either of the prisoners.
GEORGE BUTTERS (Police Constable Y.) On January 31st I saw Matthew Clancy detained at King's Cross Road Police Station—I told him the charge—He said, "My brother is innocent"—I conveyed him to Hornsey Road Police Station—he said, "I am guilty."
Thomas Clancy. in his defence on oath, stated that he did not know anything of the theft, that he found the box in his room but did not put it there or know, who did.
NOT GUILTY .
MATTHEW CLANCY GUILTY †. Several Convections were proved against him. Three years' penal servitude.
300. SIDNEY CURD (28) , Being in the dwelling house of George Healey and stealing 30s. his money. Other Counts, for breaking and entering the dwelling house in the night time, and stealing the said money.
MR. FITZGERALD Prosecuted.
GEORGE HEALEY . I keep the Hope and Anchor public house, East Street. Chelsea—I went to bed about I on February 7th, leaving everything securely fastened—About 2.30 or 3 o'clock I was aroused and missed 30s. in shillings and sixpences left in the till.
Cross-examined by the prisoner. The regular amount I leave in the till
is 30s., mostly in sixpences—I believe I stated at the Police Court that it was a matter of about fifty sixpences.
CHARLES LUCAS (235 B.) I was on duty about 2 a.m. on February 7th in Sydney Street. Chelsea—I saw the prisoner acting suspiciously and followed him with Inspector Hillman, and eventually arrested him—I took him to the station and searched him and found on him forty-one sixpences, seven shillings, and four half-pence—I asked him to account for the possession of so much money—he said he sold papers at Victoria Station and these sums were the proceeds.
EDWARD BELL (57 B.) I was on duty on the morning of February 7th in this neighbourhood—on my beat I passed the Hope and Anchor public house—I found the side door open about 3 o'clock—I had passed about 1.45 and it was safely locked—I rang the bell and called the proprietor up—I found no marks on the door.
Cross-examined. I never saw you about the neighbourhood during the night. I was on duty—I had been on duty from 10 o'clock—I was through East Street every half hour.
Cross-examined. I thought you were acting suspiciously when I saw you running away—I followed you the whole of the time.
Prisoner's defence. "I was proceeding along the King's Road about 1.30, and saw a man and woman fighting; I interfered to protect the woman; she turned round and struck me over my head with an umbrella; I saw the Police approaching and not wishing to be mixed up with the affair ran away, and was followed and stopped; the money found on me was the week's takings from the sale of newspapers."
NOT GUILTY .
MR. MAHAFFY Prosecuted and MR. PURCELL Defended.
WILLIAM MCDONALD (Detective M.). On November 14th. 1902, I was walking in the City Road with Detective Helson—I saw Mr. Austin being attacked by two or three men—they were pulling at his watch chain—I went to his assistance—they ran away and I went after them—I called on the prisoner to help, as I mistook him for another detective—he replied by striking me in my face, knocking me down on the pavement and kicking me on my leg—I was surrounded by some of his companions, who prevented my getting up—I eventually got up and then saw the prisoner running after Helson, who was chasing a man named Marks since convicted—the prisoner caught up to Helson and struck him across the neck with his umbrella—I was not able to go to his assistance as I had charge of stolen property which had been seized by the Police.
Cross-examined. I at firs mistook the prisoner for a brother detective—we were strangers to each other—I seized hold of the man who Was
bending over Mr. Austin, when the prisoner struck me such a violent blow that I fell heavily to the ground letting the man I had hold of go.
ROBERT GEORGE AUSTIN . I am a traveller of 14, Ammot Road, Clapton—on November 14th I was in the City Road near Westmoreland Place—I was surrounded by three men and knocked down—the officers then approached and the men, one of whom I have since identified named Marks, ran away—they took my chain away—I was kicked and knocked about.
Cross-examined. I am unable to say that the prisoner is one of the men who attacked me, because they all ran away while I was on the ground.
Re-examined. I only saw the prisoner's back.
ALBERT HELSON (Detective Officer M.) On November 14th I was with McDonald in the City Road—I saw three or four men go towards Mr. Austin—two behind and two in front, who hit him on his stomach—he fell, and one man called Marks seized his chain—a crowd had gathered when we got to them—no one was helping Austin—the prisoner was standing outside the crowd whilst the men were assaulting Mr. Austin—he appeared to be looking about to see if there were any Policemen approaching—I seized Marks, when several of the gang kicked me to the ground, treated me very roughly indeed, and rescued Marks from my custody—Marks then ran away and I chased him—the prisoner ran by my side down Westmoreland Place—I called on him to help me—I caught up to Marks and seized him again, when the prisoner got his leg between my legs and seized me in front, and threw me head over heels—Marks then made off and I got up again and chased Marks for some distance—I saw no more of the prisoner—I next saw him in the City Road Police Station and picked him out from nine other men as the man who assaulted me.
Cross-examined. I took the prisoner for another Police officer and called on him to help me—he took no part in the assault on Mr. Austin—the man I chased had the chain in his hand—I was by that time very excited—when I fell, the prisoner seemed to run over me—when he was charged he said, "I did all I could to prevent him doing it, and I did not assault any one."
GUILTY . Eight previous convictions were proved against him, and three summary convictions for assault. Three years' penal servitude.
MR. MACMAHON Prosecuted.
JOHN FLUESTER (934 City). I was on duty on February 19th, about 11 p.m. in Great St. Helens—I heard a crash of glass, and ran and saw the two prisoners—when they saw me they turned round and ran away—I chased them and blew my whistle—they ran into Leadenhall Street, where Izance was stopped by a private individual and Young by a constable—
as I caught hold of Izance he said, "I never broke no window"—I believe I had said. "I want you for breaking a window"—the two prisoner; were taken back to the shop, where I picked up this stone, inside the window—they were taken to the station and searched—nothing was found on Izance but from Young I saw these two silver cigarette cases taken (Produced).
Cross-examined by Izance. I saw you with another man coming from the direction of St. Mary Axe.
By the COURT. When I first saw him he was with Young and another man not in custody—they were walking together—he was not running after Young.
FREDERICK JUSTICE (721 City.) On the night of February 19th I was on duty in the City—I heard a Police whistle blowing in St. Mary Axe, and saw the prisoner Young running towards me in Leadenhall Street, followed by a large crowd—I stopped him and took him to the station, and found the two cigarette cases in his pocket—nothing was found on Izance.
ARTHUR CHARLES FEASEY . I am the manager of Messrs. Salmon and Gluckstein's shop, 3, St. Mary Axe—the premises were closed at 9 p.m. on February 19th—everything was securely fastened before I left—when I arrived the next morning I found a Policeman in charge, and the window smashed in—I missed some silver cases, and after taking stock, about £5 worth of other goods—nothing has been recovered but the cases—there was a hole in the window big enough to put a child through.
Izance's defence. I had nothing to do with the affair; I saw some men running and ran after them, and was caught hold of by the Police and charged.
IZANCE— NOT GUILTY .
YOUNG— GUILTY . Three months' hard labour.
NEW COURT.—Thursday and Friday, March 12th and 13th, 1903.
Before Mr. Common Serjeant.
MR. MUIR, MR. LEYCESTER. and MR. A. GILL Prosecuted; MR. PERCIVAL HUGHES and MR. METHVEN Defended.
RICHARD HAREWOOD . I am managing clerk to Mr. Henry Blaber, a solicitor—he had the conduct of an application in the Chancery Division for leave to prosecute—I produce the writ in the action—it was Cook and another against Fowler, originally before Mr. Justice Buckley, and it was transferred to Mr. Justice Byrne—the order was made by him—I was present when it was made.
Cross-examined. The order was made on November 24th, 1902—before we were acting, Messrs. Allingham, Kay, Jones, and Co., were conducting the negotiations—I believe that a summons for a statement of claim was ordered to be delivered—I believe that statement of claim was not delivered—we had no instructions from Charles Cook. I have been told that he declined to have anything to do with the proceedings-4 believe he did
instruct Messrs. Allingham, Jones, and Co., but he subsequently withdrew his instructions—I knew the solicitors acting for the defendant—we did not give them any notice that we were going to make an application, or that a statement of claim had been ordered, or that there had been a change of solicitors.
By the COURT. The application was for leave to institute these proceedings.
HAROLD MOORE . I am a clerk in the Probate Registry at Somerset House—I produce the original will of John Jordan, of 4, Moor Lane, City—this is a copy of it, and is dated September 13th, 1876—it was proved on February 15th, 1879, by the executors, G. L. Fowler and A. Lillyman—their writing appears upon it—it was signed in the presence of a Commissioner.
Cross-examined. One of the witnesses to the will was Mr. Chalk, of 23, Moorgate Street—I do not know if he was the solicitor acting—the personal estate is under £1,500—at the end of the will it says that in the event of the death of the children certain persons shall have the benefit of the estate, and amongst them George Lillyman Fowler.
CHARLES JAMES PLUME . I am a keeper of papers in the Estate Duties Office, Somerset House, and produce the affidavit leading to probate of Jane Jordan, dated February 12th, 1879; it is sworn to by the two executors and two trustees, George Lillyman Fowler and Absolom Lillyman—it shows the estate is under £1,500—also a residuary account, dated August 17th, 1885—that is for the purpose of legacy duty—it begins with an item of cash £26 10s., then book and other debts £1,308 12s. 9d., and there is a note which says that that sum was money on deposit account with Messrs. Mann, Crossman, and Paulin, brewers—it is split up into money received and property not converted into money—on the next page there is an item of £700, and there is a note in the margin, "Leasehold estate as follows: Premises at No. 4, Moor Lane, in the City of London, held for a term of 61 years from September 29th, 1831, at the apportioned ground rent of £2 8s. per annum"—the price paid by deceased for this in 1871 was £232, trade, plant, and utensils, goodwill of business; there is a note annexed marked A. (This stated that the testatrix kept a beer house at 4, Moor Lane, which after her decease was carried on by the executors, who contracted to sell the same to the testatrix's daughter's husband for £700, part to remain at 5 per cent, interest, £2 to he paid weekly, and that the executors had not received anything under the agreement.)—the whole value of the estate is £2,035 2s. 9d.; the amounts of payments in the schedule amount to £356 4s. 6d., leaving the amount of property to be accounted for at £1,678 18s. 3d.—the £700 is deducted, leaving £978 18s. 3d.—that is the residue, on which duty is charged—there is then a declaration, "We do declare that the foregoing is a just and true account, and we offer to pay the sum of £17 6s. 6d. for the duty at the rate of £1 per cent, on the sum of £1,732 11s. 9d., being the residue and moneys to which we became entitled, and which we intend to retain for the use of during her life of Mary Gray Jordon, now Mary Gray Cook, and after her decease of all her children who should live to
attain the age of twenty-one years, the said. M. G. Cook being a child Dated tills 17th day of August. 1885, signed A. Lillyman, G. L. Fowler"—on the last page it appears that they did pay duty on that basis—there is also a note marked C. stating that the prisoner carried on the business of the beer house from January 24th. 1879. until May 30th. 1879, with a loss of £59 7s. 1 1/2
Cross-examined. The loss on the beer house was during four months—the actual net residue was £978 18s.3d.
JAMES COOK . I am a farrier—my late wife was Mary Cray Jordan, he daughter of Jane Jordan—this is the certificate of her death on April 14th. 1889—I have two children alive. Charles William; this is the certificate of his birth on April 19th. 1879, so that he became twenty-one in 1900: and Jane. Mary, born on February 20th, 1881, and therefore was twenty-one in 1902—I remember my mother-in-law's death—immediately after her death the two executors, George Lillyman Fowler and Absolom Fowler, carried on the beer house—on May 30th, 1879, I agreed to take on the business—I was to pay £700 for it by weekly instalments of £2—when I took it on the prisoner did not tell me that he had lost £59 on the business in four months—he did not say if it was prosperous or not—after I had been in a Little time he told me they had made money by it—I should not have paid £700 for it if I had known that £59 had been lost on it in four months—I and my wife lived in the house and carried it on till June. 1890—we wore not successful—I followed my occupation of a farrier and my wife carried on the business—she became addicted to drink, the business went down. I went out of the house, and the prisoner put in a man named Green—Lillyman was alive in 1887 when I left the house—Green was there for a few months then a Mr. Harper came—I did not get any of the purchase money that he paid—I had nothing to do with it—while I was in the house I paid the ground rent and rates and taxes—on Mrs. Jordan's death I was informed that the brewers were prepared to pay £700 for the house—the £700 which I was to pay I fixed with Mr. Lillyman.
Cross-examined. All my transactions were with Lillyman, and not with the prisoner—I do not think I saw him more than two or three times, and then there were some words between us about my going out of the house—he wanted to turn me out after I had been there about twelve months, and I would not go—we went into the house about three or four months after Mrs. Jordan's death—we were Living at 18. White Street, when she died—I was present at the house at the time of her death—when I gave the house up it was not doing much—it did not get into the hands of the Police when I left—my children lived with me after my wife's death—I did not pay the £2 a week to Li because I said I was young and wanted to enjoy myself—the prisoner did not take charge of my children after my wife's death—they were with me for four or five months until they went to school in April and May, 1889—after they went to school they were left entirely under the care of the prisoner, so far as their education and bringing up were concerned—they never made any complaint about their treatment I know some of the fowler
family—Lydia Fowler, Joseph Lillyman, and Jane Newman are dead—I do not know if Elizabeth Adams is alive or dead—I did not provide anything for ray children after they went to school.
CHARLES FAULKTON MONCKTON . I am chief clerk to the Licensing Justices of the City of London, and produce a register with regard to the licences of the beer house at 4, Moor Lane—the Licence was held by Jane Jordan, and remained in her name until March 10th, 1879, when it was renewed to the executors of her will, George Lillyman Fowler and Absolom Lillyman, and remained in their names until December 3rd. 1887, when it was transferred to Charles Henry Harper—it was held by him until July 5th. 1890, when it was transferred to Frederick Cook, and it remained in his name till March, 1895—at that date there was no application for renewal or transfer, and the house has now been pulled down.
Cross-examined. The Justices renewal fee is 6s. a year—I think the excise duty is £2 10s. or £3 a year—the licence holder would pay that, but it is not in my department.
Cross-examined. The licence was never in my name—I never got no receipts—f paid the Inland Revenue charges in the name of George Lillyman Fowler, but it was my money.
CHARLES HENRY HARPER . I am a licensed victualler, and at present proprietor of the Red Lion, St. Margaret's, Hertfordshire—on December 3rd, 1897, I went into the Northampton Arms, in Moor Lane, and the Licence was transferred to me—I paid £30 to the prisoner and Lillyman to to go in—that included everything—there was not much stock there—I remained there until July 5th. 1900, when I transferred the Licence to Frederick Cook—I paid the prisoner £52 a year rent—he paid the ground rent—I paid for the renewal and Excise Licences and the rates and taxes—Frederick Cook paid me £300 when he came in—the value of the business had increased very much.
Cross-examined. The business was in a very bad state when I went in—Lillyman was not the leading man in the management of this matter—I never saw him to do any business—I always done it with the prisoner—I saw them both together after I had paid the £30 to go in—I paid my £1 a week to the prisoner—I did not always go to the prisoner to pay it—I only paid it to Lillyman once—the receipt was made out to the trustees—I have no receipts now: I destroyed them about six weeks ago—I cannot recollect now what I paid for the Licence.
FREDERICK RICHARD COOK . I am the Licensee of the Weavers' Arms, Sun Street, Finsbury Square—on July 5th, 1900, the Licence of the beerhouse at 4, Moor Lane, was transferred to me—I continued in possession of the house until it was pulled down in March. 1895—I got an extension of the ease from the Merchant Tailors' Company after the original lease had expired—my head lease expired on September 29th, 1902—up to that date I paid the prisoner the rent for the house—I paid £50 a year, quarterly.
Cross-examined. I have no receipts in tins matter: I destroyed them at least three or four years ago.
REGINALD DRAKE . I am secretary of the Princess Louise Home. Kingston Hill—Jane Mary Cook was admitted to that school on May 29th. 1889—she left on October 6th. 1897—our school is really the National Society for the Protection of Young Girls, but we took the name of the Princess Louise in 1893—it is for the reception of girls who have nobody to look after them—it is not free—this girl was paid for at the rate of £10 a year by Mr. George Lillyman Fowler—the total amount contributed to her maintenance there by him was £83 10s. 8d.
Cross-examined. We had a. letter about the girl, saying that her mother was dead, and that her father neglected her—the matter of her pocket money did not pass through my hands, except once, when I had a letter from Mr. Fowler sending me £10 for maintenance and 5s. for pocket money—the girls generally write once a quarter—the matron reads all correspondence—I never saw the prisoner at the home.
Re-examined. We feed, clothe, and educate the girls for the £10 a year find them situations afterwards, and give them an outfit when they go away.
By the COURT. There is no other expense for whoever pays the £10 a year.
JAMES STEVENS . I am superintendent of the Islington Industrial School. Copenhagen Street, Caledonian Road—Charles William Cook was admitted there on June 6th. 1889, and remained there until December 21st, 1894—the prisoner paid for him while there—he paid £15 12s. per annum—the total amount paid was £86 17s.—that includes board and schooling—I do not know if that includes clothing—the boys have a uniform which was provided by the school and included in the charge.
Cross-examined. I was not at the school at that time—I do not know anything about the pocket money—the boys had holidays at the request of the parents—I do not know if this boy went for holidays.
Re-examined. It was the rule in those days for boys when admitted to pay 10s. for clothes and 7s. for boots—no further payment was made for clothes—I have an entry here that there was on June 6th a payment of £3 18s., and a further payment of 17s.
ELIZABETH MATTHEWS . I am the wife of William Matthews, and live at 8, Brunswick Place, City Road—my husband is the step-brother of James Cook—after Charles Cook left school in 1894, he came to live with us for about three years—he went out to work—I arranged with the prisoner that I should be paid 12s. a week—when the boy was in work he paid part of the 12s. and the prisoner paid the rest; when the boy was out of work the prisoner paid it all—he was very often out of work—he was sometimes idle—he did odd jobs—I do not know how much I received—I gave a receipt to the prisoner for whatever I did receive.
Cross-examined. The boy wanted a good deal of looking after—once he ran away, and the prisoner had to send him back—when I said that he wanted clothing the prisoner told me to get it and I would send in a bill—the 12s. was for board, lodging, and washing—clothing and other
matters would be extra—the prisoner always paid the accounts I presented—he never restricted me—the boy used to see his father, but he never came to my house—the boy once ran away and became a soldier—he wrote to me from Dublin, and asked me to send him some of his clothing, because they had discharged him from the Army—he came back, and ran away again, and enlisted again—he is in the Army now.
Re-examined. I believe he is in India—I knew Absolom Lillyman—he died on February 20th, 1895—at that time he was living with a Mrs. Heady at Great Charles Street, Hoxton New Town.
By the COURT. The lad had not been taught any trade at school—when he came to me he worked for Vyses for a short time—I do not know what as—he was about fifteen when he came to me.
By MR. HUGHES. When he left school he was apprenticed to a Mr. Pitcher, but he did not like it.
JANE MARY COOK . I am a servant at 50, Ashford Road. Cricklewood—I am the daughter of James Cook, my mother being Mary Gray Cook; her maiden name was Jordan—I remember being at the Princess Louise Home—while I was there I had about 5s. a year pocket money—I was there about eight years—when I left, on October 6th, 1897. I went to Eastbourne as a servant—I stayed there four months—while there I had 4s. one Sunday from the prisoner—when I left Eastbourne I went to live with him for about three months, when he provided me with a dress, a bat, a jacket, and an umbrella—they would cost about £3—about May. 1898, I went to service at Cricklewbod, and have remained at the same address ever since—since then I have received various sums, amounting to about £6, from the prisoner—he also paid £4 14s. for ray lodging with a Mrs. Plum—I authorised Mr. Hayes Jones to bring an action against the prisoner—that was before I was twenty-one, and when Mr.' Blaber took over the proceedings I authorised him.
Cross-examined. I instructed them to get some money for me and have an account rendered—I do not think I have had more money than I have stated—the prisoner took me out as anybody else might, but he never suggested that the expense of that came out of ray estate—I was constantly writing to him saying how happy I was in my place, and how good he was to me—before these matters were suggested to me there was nothing in ray mind to make me think that I had not been treated well—I remember being unwell whilst at Cricklewood, and a doctor was called in—the prisoner paid for that, but when I sent him the doctor's account he wrote several letters, saying that he thought the price was exorbitant—the charge was £3 3s.—I think there was only one doctor's bill—I should not remember every item sent to me—I never made any complaint about my money or clothes or anything else.
Re-examined. I did not know there was any money coming to me until the prisoner told me that I should have some money if I was a good girl: when I was twenty-one—I hope I have been a good girl—when Charles weenie twenty-one he wrote and asked me to commence an action to get his money, and when I became twenty-one I did the same.
By the COURT. While I was in service I had two jackets at 25s. each which were paid for by the prisoner.
JAMES PINKERTON I am chief clerk at Messrs. Mann. Crossman, and Paulin, brewers, Mile End—I have here their ledgers containing the accounts of the executors of Jane Jordan—we used to receive deposits from our customers and we used to pay five per cent, to the depositors—Jane Jordan, of 4. Moor Lane was a depositor, and after her death the account was continued in the name of her executors—this account shows all the payments in and out of that account—the depositors had a deposit book which was a copy of the ledger account—when a payment was made in or out the book was always produced—the executors at first were the prisoner and Lillyman—a certificate of Lilly-man's death was sent to us which showed that he died on February 20th, 1895. and after that date the account was in the prisoner's name only, as the remaining executor—the deposit book was sent to us from time to time—the prisoner would write for a cheque and we would draw one on the firm's account—the last cheque was drawn on April 14th, 1899, when the account was closed by drawing out the whole of the balance—this (Produced) is one of the cheques we sent to the prisoner at his request—it is dated October 28th, 1896. on the London and Westminster Bank, for £418 19s. 8d.—it was crossed and endorsed—it has gone through the bank and been paid—this is a letter from the firm signed by me, to Mrs. Jordan, care of G. L. Fowler, dated September 29th, 1897 (Read): "We beg to enclose cheque for £40 17s. 10d., interest upon deposit account; we also enclose book at the same time.'"—that cheque was paid by our firm and passed through the bank in the usual way—this cheque (Produced) is dated December 9th, 1897, for £200. payable to G. L. Fowler or order, and endorsed by him—the next payment, for which we have not kept the cheque, is for £24.3s. 4d., referred to in this letter from us to the prisoner, dated March 20th. 1898, and also returning the deposit book—tin's (Produced) is a cheque dated January 16th. 1899, payable to the prisoner or order, for £613.1s. 9d. endorsed G. L. Fowler—that was passed through our bank in the ordinary way—this (Produced) is a cheque dated April 14th, 1899, payable to G. L. Fowler or order, for £211, and endorsed by him—that is the final balance of account, and we got a receipt on April 13th, 1899, from the prisoner.
Cross-examined. The balance with us in 1879 was £1.000—on March 5th, 1879. we paid to the executors, £308 12s. 9d.—the interest drawn by them on October 25th, 1879, was £.34 2s.3d.,—on Nov.3rd. 1885, £234 was paid into the account—I cannot say now by whom it was paid, but I presume by the executors—on September 30th, 1880, £30 was paid in by them, and On March 28th 1888, another £30—on March 20th, 1889, there was a payment in of £30 6s. 6d., and on April 17th, 1889. £46 16s.—altogether that is £371 2s. 6d. which would be earning compound interest up to March. 1898. at five per cent., and afterwards at 4 percent—assuming that in January 1879. there was £960 in the account, and the whole of the interest which was to be paid to the children was paid by the
prisoner and nut drawn from the account, the interest would then become due to him so that on the death of Mary Cook, assuming all the interest had been paid out, the capital would still be £960.
Re-examined. On the same day that the £230 was paid into the account there was a payment out of £310 13s. 6d.—on September 30th, 1886, when there was a payment in of £30 there was also a payment out of £600s. 10d.—on March 28th. 1888; there was a payment in of £30, and there were two cheques paid out, one for £30, and one for £15 3s. 11d.—on March 26th. 1889, against the payment in of £30 6s. 6d., there is a drawing out of exactly the same sum—on April 17th, 1889, there was a payment in of £46 10s. and on March 27th there was drawn out £15 6s. 6d., and on April 24th, £34—in every instance there was either the same amount or a larger one drawn out than that paid in—if compound interest is to be earned the accrued interest would be drawn out and paid in again as capital, and would earn interest from that date.
WILLIAM HENRY KEEPING . I am an accountant at the London City and Midland Bank—I know the prisoner as Lue Pitcher—he opened an account with us in that name on November 2nd, 1896—I have an examined copy of that account here—it was closed on May 22nd, 1902, by transferring the credit balance of £240 11s. 10d. to the account of L. M. L. Pitcher, who is a married daughter of Pitcher—the prisoner also had power to draw on that new account—in the course of Lue Pitcher's account, the items shown in this extract from the waste book of the bank were paid in—the £420 which opened that account included Mann, Cross man's cheque for £418 19s. 8d.—on October 1st there is an item called sundries, and in the total of £59 4s. 4d. there was a cheque for £49 17s. 10d. paid in—on December 10th there is a total payment in of £215 18s., under the heading of sundries, which includes Mann. Grossman's cheque for £200—on March 28th, 1898. a credit item under sundries of £29 3s. 4d. was paid in, which included Mann, Grossman's cheque for £24 3s. 4d.—on January 17th, 1899, there is a credit entry under sundries. £619 4s. 3d., which includes Mann, Grossman's cheque for £613 1s. 9d.—on April 14th, 1899, there is a credit entry for £211, which is a Mann, Crossman cheque—the prisoner also had a deposit account with our bank, of which I produce a correct copy—the first entry is November 2nd, 1896, and the last, July 31st. 1897—the whole of that was eventually absorbed in the current account, including the interest upon the deposits—the hand-writing on the back of these six cheques, as far as I can judge, is in the prisoner's writing—I believe the signature on this affidavit leading to probate is in the same writing, as well as the signature on this residuary account.
Cross-examined. The address of our bank is 10, Charterhouse Buildings. Clerkenwell Road—I believe the prisoner's address was about five minutes' walk from us—he was continually cashing cheques with us under the names of Fowler and Pitcher, but only within the last twelve months as Fowler—I said before, "I knew—the prisoner was trading as Fowler, but I believed his true name was Luc Pitcher."
ERNEST HAYES JONES . I am a solicitor at 33, King Street, Cheapside—I received instructions from Mary Jane Cook to commence an action against the prisoner—this writ was issued on November 18th, 1901, and is for an account and administration of the estate—before issuing the writ I wrote several letters to the prisoner—this is a letter of mine dated June 12th, 1901, to him. (This staled that Charles Cook, having attained his majority, had instructed the witness to collect such share of the estate as he was entitled to under the will of his grandmother, and asking the prisoner to forward a statement showing how the property was invested and had been dealt with.—I did not receive a reply to that letter—I wrote one other letter and then he called upon me—he refused to render any account or do anything—he said that I had not been instructed by Charles Cook, who was then in India—at that time I had been shown a letter purporting to come from Charles Cook—I wrote this letter to the prisoner on November 1st, 1901. (This stated that unless the prisoner produced a proper account showing of what the estate consisted, and how it had been dealt with, by the 15th inst, proceedings would be taken against him in the High Court without further notice.)—at that time I had written instructions from Charles Cook—the prisoner did not answer that letter or call upon me—a summons for direction was issued—it came on for hearing on December 7th before one of the Masters, in Chambers—an order was then made that the prisoner should file an affidavit showing why he had not filed an account—no affidavit was filed by him, but this account was presented by his solicitors—it opens with £1,500 as the amount of probate of the will of Jane Jordan it takes credit for £700 as the amount agreed to be paid by Mary Cook, daughter of Jane Jordan for the lease, etc., of the Northampton Arms included in the valuation of estate for probate, and as per deed legally prepared—then there are various payments to Mrs. Cook, and some payments to Charles and Mary Cook, amounting to £335 10s. 6d.—the prisoner only debits himself to interest down to 1889—the result of the account as he gives it is that he has overpaid the beneficiaries by £174 6s. 3d.
Cross-examined. On the account there is written, "I have examined the above accounts, and certify the same to be correct and in accordance with the books, papers, and receipts connected therewith. Arthur Harlow, public accountant."—after the account was delivered an order was made on December 2nd, 1900, and the summons for directions restored, and that a statement of claim containing all particulars should be furnished by me in three weeks—I did not deliver that statement—I had discontinued the action on the part of Charles Cook—I think the prisoner entered the appearance to the writ in person.
WILLIAM HARDY KING . I am one of the firm of Pannell and Co., Chartered Accountants, 13, Basinghall Street—I have examined the accounts sent by the prisoner to Mr. Hayes Jones, and also the account of the executors of Jane Jordan with Mann, Grossman, and Co., also the residuary account signed by the executors in August, 1885—I have heard Mr. Harpers' evidence as to his payment to the prisoner of £149. and also the evidence of Frederick Cook, as to his payment of about £100,. and with that as a basis I have prepared an account—that does not contain the
receipt from Frederick Cook, so that it is £100 in the prisoner's favour—I have divided it into two parts, the first dealing with the transaction from the death of Jane Jordan down to the death of Lillyman in 1894—I have struck a balance at that date and carried forward the amount due in respect of capital to the estate—there is a balance at Mann, Crossman's at £1,20116s.—I have given credit to the executors for everything which is claimed to have been paid by them in the account rendered to Mr. Hayes Jones, and also for the full amounts shown to have been paid for schooling and maintenance—giving credit for all those payments the trustees seem to have overpaid £142 12s. 7d., but if I include the payment by Frederick Cook which I took as £95, it leaves a balance overpaid by the trustees of £47 7s. 11d.—that was the state of things at the end of 1894, and at the beginning of 1895 I debited the prisoner with interest only actually received from Mann, Crossman, the amount being £515 6s. 7d.—the principal at the beginning of 1895 was £1,201 16s.—I set down all the sums in which the whole of that capital and interest which was withdrawn, starting on April 29th, 1895, and ending April 14th, 1899, making a total of £1,717 2s. 7d.—I have credited him with all sums claimed in his account to Mr. Jones, which purport to have been made after 1894, and with the excess proved to have been paid by Stevens and Drake—I find a balance unaccounted for of £1,445 3s. 4d., and if I add to that the £95 of Frederick Cook the total unaccounted for is £1.540 3s. 4d.—I have given him credit for the interest, which he says he paid, whether he did pay it or not.
Cross-examined. We have not allowed the prisoner for sums of which we did not know—I have based my account entirely upon Mann, Crossman's account—where sums paid for the maintenance and education of the children are in excess of the sums claimed by the prisoner I have given him the benefit—if the original sum in Mann, Crossman's was only £960, and if Mary Cook had all the interest on it at the time of her death, there would be only the £960 left—I think the £1,000 has grown by repayments back to £1,201 16s.—the total payments shown on the account rendered to Mr. Jones come to £1.889 6s. 3d., including the £700 which was the principal for the lease, but which was never paid—the payments claimed by the prisoner do not come to the full amount shown by the residuary account without any interest at all—all the interest on the money in Mann Crossman was drawn out, but the prisoner repaid £371 2s. 6d.—he has not been charged a second time with that.
Re-examined. If £371 ran on at compound interest it would not discharge the prisoner of the balance; it might double itself but it would leave a balance of about £800 unaccounted for.
GEORGE BREWER . I am cashier to Messrs. Warmingtons and Co. leather factor, of Bethnal Green Road—in January, 1895, the prisoner, who was a customer of ours, was indebted to us upon bills which he had given us—they become due in March or April, 1895, but they were all unpaid—we accepted a composition of 4s. in the £1, which was paid in four instalments, the first on May 6th, 1895, of 1s. in the pound; the second on June 24th; the third on October 4th, and the last on January 6th. 1896, of 1s. in the pound each.
Cross-examined. I know a Mr. Pell-two of these bills were accommodation bills received from him in part payment, of account.
SIDNEY BEX (Detective Sergeant.) On Jam wry 26th, 1903, I arrested the prisoner on a warrant at 87, Long Lane—I read it to him—he said, "You have knocked me, I thought this had all been settled satisfactory"—I found on him some cheques and bills of exchange.
Cross-examined. I know he has been trading in London for about fifty years—he was at his business premises when I arrested him—I found cheques on him amounting to £7 to Charles Cook, and £9 to Jane Cook—his name was not on his premises—the name there was "The Original Busy Bee Boot Company—I believe he had always been a boot manufacturer—I searched his premises after I had arrested him—he never put any obstacle in my way—he did not say he thought the matter had been settled by his solicitor.
The prisoner, in his defence on oath, said he had himself paid Mary Cook the interest on the money in Mann. Grossman's when she wanted it, up to the time of her death; that he paid in money of his men to the account and made it a sort of savings bank for himself; that the had paid the funeral expenses and for the maintenance of the children, which had exhausted the money, that he did not know; it had all been expended until he called in an accountant, and that what did remain there belonged to him, as he had paid the interest out of his own pocket.
GUILTY . Judgment respited.
THIRD COURT.—Thursday, March 12th, 1903.
Before J. A. Rentoul, Esq., K.C.
DICKS, GUILTY .
He had been five times connoted of like offences. Eighteen months' hard labour.
306. FRANK PUSEY (26), FREDERICK FISHER (24), HARRY PERKIN (25). and WILLIAM BELL (22) . Conspiring and agreeing to steal divers goods belonging to Edmonds. Denham, and Goyder, Limited, their masters; and ALPHEUS FISHER (48) , feloniously receiving the same, well knowing them to have been stolen, to which BELL PLEADED GUILTY .
MR. TRAVELS HUMPHREYS Prosecuted.
WILLIAM GOYDER . I live at 145, High Road, Wood Green, and am one of the directors of Edmonds. Denham, and Goyder, Limited, drapers. 102-120, 143 and 145, High Road. Wood Green—I employed Frederick Fisher as an assistant in the drapery department from July to November 5th, 1902. when he was discharged—Perkins was employed as an assistant in the dress department for about seven weeks—Pusey
was head porter from November, 1901, until February this year—he absconded on February 5th—he had charge of the dispatch room—parcels ordered by customers would go through that room—we close at one o'clock on Thursdays—Pusey would come and light the premises on Thursday afternoons—when Perkins left my employment he directed his box to be sent to 153, High Road, South Tottenham—we missed stock from about October 1st until Christmas Eve—we then communicated, with the Police—on February 9th, 1903, I went with the Police to 27 Pembroke Road, South Tottenham, the address of Alpheus Fisher, and there identified a very large number of articles as our firm's property—I was afterwards shown by the Police a large parcel of silk, which I identified.
Cross-examined by Pusey. I received a five years' reference with you when you first came to us.
Cross-examined by F. Fisher. I expect we received a good reference with you, we should not have engaged you without—we never refused to give a man who had been in our employment a reference on the ground that we had given him a lot of references already, and could not be bothered giving them constantly—you were discharged for refusing to pay 1s. 2d., your share of the cost of clearing up a mess made at a disorderly meeting on the premises—I did not know that you were a life abstainer—Hales was never sent with parcels to the blind stitcher because our cart was too busy to take them.
Cross-examined by Perkins. I received a satisfactory reference with, you when I engaged you—I had—no reason to suspect you of stealing or robbing the firm during the time you were in our service—you tendered your resignation some few days after the disorderly meeting I have referred to—I cannot give the date—we employ about 110 assistants—to my knowledge, we have never refused to give reference except once during the last four years.
Cross-examined by Alpheus Fisher. The firm has no monopoly of the sale or manufacture of any of the class of goods we sell—I buy most of the goods for the heavy department—I recognize the goods now in question by private marks which show them to be goods identical with those we sell to-day—it is possible some other firm might use similar marks, but they are not likely to be precisely the same as ours.
Re-examined. The tickets on the goods produced are precisely similar to tickets which similar goods on our premises bear at the present time—our present firm is an amalgamation of Edmonds Brothers and Denham and Gardia, under the style of Edmonds, Denham, and Gardia.
JAMES WILKINSON (Detective Officer.) I am stationed at Hornsey—". with Sergeant Tritton, arrested Pusey at Hornsey—I said that we were Police officers and were going to arrest him for being concerned with others in stealing property from Edmonds, Denham, and Gardia, his hushes—at the station he made this statement, which was written down by Sergeant Tritton in my presence, which Pusey signed (Produced).
Cross-examined Pusey. You were detained at the station-about forty hours.
ALBERT SUMMERS (Detective Sergeant). I am stationed at Enfield—on February 9th I, with Sergeant Tritton, arrested Frederick Fisher at Stoke Newington, where he was employed at a draper's shop—I told him I should arrest him for being concerned with others in stealing a quantity of silk and other things from Messrs. Edmonds, Denham, and Gardia—he said, "I have nothing to say. Have you caught the others yet?"—on the way to Wood Green Station he said, "Have you got Bell yet? I heard yesterday that he had cleared"—I said that I could not say—he was charged on the 10th, and made no reply.
Cross-examined by Frederick Fisher. I did not know then the names of the others concerned as I had only just been engaged in the matter.
ARTHUR TRITTON (Detective Sergeant.) I am stationed at Wood Green—I was present when Pusey and F. Fisher were arrested—I arrested Alpheus Fisher on February 9th in Mildmay Park, and charged him with receiving a quantity of goods stolen from Messrs. Edmonds, Denham, and Gardia—I went with another officer to Alpheus Fisher's house, 27. Pembroke Road, South Tottenham, on a search warrant, and searched the premises—in the back room on the ground floor I found a large quantity of what I may call general drapery goods—I took them to Wood Green Police Station, and made this list of them (Produced)—I also found in the back room at 27, Pembroke Road, a large quantity of patent medicines, scent, knives, and other things of that sort, of which I made this list (Produced)—they were all in a box—on the next day I went to Margate and found Perkins detained in custody with; man named Bell—I had warrants for their arrest—I read the charge to Perkins—he said, "I am not guilty"—I brought him to London—in the train he said, "Have you got old Fisher?"—I replied. "Yes—he said. "How does he take it? Has he pleaded guilty? Has he a solicitor? I do not know Collins. How much property is he charged with stealing? I have heard it is £200 worth"—I said. "It is valued at £25"—the charge was read over to him in London, and he said, "I deny it"—on February 9th I read to the two Fishers the statement that had been made by Pusey—they said nothing—in Perkins' box I found a number of memorandum forms similar to the one with a printed heading, "From F. Fisher, Draper and outfitter, 153, High Road. South Tottenham"—at F. Fisher's lodging at Stoke Newington, I found more of the forms.
Cross-examined by F. Fisher. I found these two billheads (Produced) in your card case.
Cross-examined by Perkins. Those memorandum forms which I found in your possession were not in a letter which was handed to me by your last employer unopened, and which I opened.
Cross-examined by A. Fisher. I found a letter at Margate in Perkins' writing, giving your name as reference to enable you to get a situation at Hobby's, at Margate—it was dated December 12th.
WILLIAM SMITH . I am employed at Messrs. Viney & Co.'s, of 99 cheapside—Alpheus Fisher was employed as a caretaker by my firm at 61, Mildmay Park, from February 10th till his arrest—after he was taken into custody I went to 61. Mildmay Park, and found a brown paper parcel
on the office table—attached to it was an envelope with "A. Fisher. Private "on it—I sent it by Carter, Peterson's to 99, Cheapside—a Mr. Langsford is employed there.
JOSEPH MARTIN LANGSFORD . I am a chartered accountant at 99, Cheapside—on February 12th I received a parcel, with an envelope attached, with "A. Fisher. Private "marked on it—I handed it to Sergeant Tritton—it was opened in my presence, and was found to contain the silk which is produced here, to the best of my belief.
MARY JANE KIRBY . I live at 15l, High Road, Tottenham—I had charge of 153, High Road, Tottenham, while it was to let—it is next door to my house—it is two months since business was carried on there, and it was then a coffee shop—no draper's business has been carried on there for the last eight years.
Cross-examined by F. Fisher. I have seen you there many times—certainly more than twice.
Cross-examined by Perkins. I have seen you at 153, High Road, Tottenham—there has never been a draper's business carried on since I have been next door, but I believe there is going to be soon—I am not aware that you have lived there.
Cross-examined by A. Fisher. I have seen you about Tottenham—I do not remember seeing you at the house.
Cross-examined by Perkins. I know it is in your writing, because I have examined some hundreds of your bills, and have also seen notices and business letters written by you.
Re-examined. Mr. Goyder buys the silk for the business, and knows all about it—I cannot identify any of the stolen silk myself.
Frederick Fisher, in his defence on oath, denied that the memorandum forms were in his pocket book when he was arrested, and stated that he did not have them printed, or sanction it being done; that he knew nothing whatever of the stuff being found at his father's place, and was not guilty of stealing them.
Perkins, in his defence on oath, denied that he was concerned in stealing the goods, or that he had made a statement admitting his guilt.
Alpheus Fisher's defence. The goods found in my possession were such as could be got all over London and I had invoices in my possession relating to them, but Sergeant Tritton has taken them away—I have not purchased any goods from the prisoners in the dock, nor received any from them.
ARTHUR TRITTON (Re-examined.) I have no invoices relating to drapery goods belonging to A. Fisher—the only thing I have of his is a book relating to business which he has been doing, but there is nothing that refers to anything in this case—no application has been made by him for anything which I may have of his in my possession.
Pusey's Defence. I know nothing about the stuff I am charged with stealing.
GUILTY . PUSEY, F. FISHER and PERKINS. Nine months' hard labour each; A. FISHER, Twelve months' hard labour.
MR. TRAVERS HUMPHREYS Prosecuted.
WILLIAM GOYDER . I am a director of Edmonds, Denham, and Goyder, of High Road, Wood Green—the prisoner Collins was in our employ as a shop salesman up To March 14. 1902. for about five months—on February 4th I went to 3, Wellesley Road, Kentish Town, where Mr. Robert Edmonds lives—he is a brother to one of our directors—I saw at his address a box containing a length of silk and eight lengths of dress material, which I identified by our tickets on them (Produced)—I have no doubt it is property we have missed from our premises.
Cross-examined by the prisoner. We are not the only people in London who have that particular make of cloth for sale, but I identify that.
ROBERT EDMONDS . I live at 3. Wellesley-road, Kentish Town—I was in the employ of Messrs Edmonds. Denham and Goyder till June last—the prisoner was an assistant at the time—soon after Christmas, in conesquence of what I was told, I got into communication with the prisoner Bell—Bell, who had been in the employ of the firm, told me his address—the prisoner came to see me at my house—we had several conversations—he told me at one of our interviews that he had seen Bell and could get hold of a lot of cheap stuff at about a third of its value—I suggested to him that we should start a little business in the country, and he agreed with me—on another occasion, when he came to see me he said he had seen Bell and he could get hold of a lot of goods that Bell had got from Edmonds Bros., of Wood Green, for a third of their value—I said. "I should get them, then"—I immediately afterwards communicated with my firm—the following week I saw the prisoner again—I was acting under the directions of the Company then; they provided me with money—when I saw the prisoner he told me he was going to meet Bell at Broad Street Station—he had then a parcel of dress boards—the prisoner gave me a list of the goods he could get from Bell—as soon as he left me I went to Kentish Town Police Station—with a detective I went to Broad Street Station, but we did not see either Bell or the prisoner—on February 1st the prisoner came to me he said he had seen Bell, and he could get the goods for £4 0s. 1d.: I agreed to that—on February 3rd he came to my house and brought some of the goods—I identified the goods as those now in Court.
Cross-examined. I recognise the piece of silk produced, as it has my writing on the ticket on it.
ALICE EMMA MONTREAM . I live at Roy Mount. Rosebery Gardens. Hornsey—T know the prisoner—he came to me in September. 1901. with a letter of introduction from my brother in Autralia—he brought a box to me some time after—he told me he had bought some stuff, and he asked me to take charge of the box which I did—on February 3rd he called for the box and took from it some dress material which he took away—he
left some pieces of silk behind, which I gave to Sergeant Tritton when he called on me.
Cross-examined. I remember your bringing some boards and blocking the goods on them.
ARTHUR TRITTON (Detective Sergeant.) On February 5th I went with another detective to a firm of drapers in Finsbury Road, Hampstead—I there saw the prisoner—I told him I should take him into custody for receiving a quantity of black silk which had been stolen from Edmonds, Denham, and Goyder, of Wood Green—he said, "Yes, all right, I received it from a man named Bell; I knew that he had stolen it; I met him at Broad Street Station, I cannot say what evening it was; he handed the stuff to me, and I gave him £4 7s. 6d. for it; I gave it to another man"—in the train on the way to Wood Green he said, "I do not know where Bell lives or works: what does it mean for me? I shall plead guilty"—he was formally charged and said, "I did not steal it, I know; I received it."
The prisoner, in his defence, stated that on some of the goods there were no marks at all and any house in the trade had exactly similar goods, and it was just as likely they came from one house as they did from Wood Green.
GUILTY . Nine months' hard labour.
MR. HUMPHREYS, for the prosecution, offered no evidence.
NOT GUILTY .
THIRD COURT.—Friday, March 13th. 1903.
Before J. A. Rentoul, Esq., K.C.
309. JAMES FOWLES (21) and JAMES GUILD (41) . Unlawfully committing acts of gross indecency with each other. Other counts, for procuring the commission of acts of gross indecency with another male person.
MR. LEYCESTER Prosecuted; MR. HUTTON appeared for Fowles and MR. PURCELL for Guild.
NOT GUILTY .
310. JANETTE ESCOTT (37) PLEADED GUILTY to fraudently obtaining from Alfred Green and from his master. Richard John Bridgland. a coat £2 8s. 1d. Also to unlawfully obtaining from Arthur Donald Roebuck a skirt and £3. Also to obtaining from Thomas Wallis Davies a hat and other articles and £1 19s. 0 1/4 d. by false pretences. She received a good character. Discharged on recognisances.
Before Lumley Smith. Esq., K.C.
Before Lumley Smith, Esq., K.C.
MR. S. CLARKE Prosecuted.
JAMES BENNETT . I am a clock maker, of 11. Rope Yard Rails, Woolwich—I was in High Street, Plumstead, about 12.45 a.m. on February 21st—my attention was attracted by a match being struck, which flashed through a post office window at Bostall Hill—I spoke to a Policeman. Jennings, whom I held up to the window while he flashed his lamp to see if anything was wrong—I looked through and saw McPherson emerge from the back of the post office—his face was about half-right turn, a three-quarter face—he passed through a door towards the back—he was wearing this cap—we gave an alarm, and the postmaster came and let us in—we found White without his boots—I went with Jennings into the garden, and found this cap lying on its back about forty yards from the back door, in the middle of a narrow pathway—I identified McPherson at the station—the, hat had been caught in an apple tree, the branches of which were low—had it not been for the glass panels of the door I could have caught McPherson, being about three yards from him.
Cross-examined by McPherson. I went to the station, and came back with the constable after you were charged—at the station I gave your description to Cole and to the inspector—when I saw you I said, "That is the man I saw behind the counter at Bostall Post Office '"—I was out because I suffer from an internal complaint, and must walk myself to death to get sleep—I an: employed every day—I job for the trade—I caught a glimpse of your side face—f identify you by your face, as well as your cap: I could pick you out from 100 or 1.000—the inspector took your boots off and examined the bottoms of your feet.
ERNEST JENNINGS (104 R.) Early on February 21st Bennett spoke to me—I went with him to look through the glass front door of the Bostall Hill Post Office—by the aid of my lamp I saw McPherson come from behind the counter—I saw his three-quarter face quite plain—he was wearing similar clothes and this cap—he made for the back door—I went round to the back garden—I saw the same kind of man running up the back garden—! ran after him—he got over the fence—I followed for a while; and lost him—he went into another garden—I went back to the post office and found White captured by somebody—he was without his boots—he made a statement to me—I took him to the station—I searched him in the post office—I found a jemmy a screw-driver, and knife in the lining of his coat, and at the station this candle in his left hand pocket, and 6 1/2 d. in bronze in his trousers pocket—I gave a description of the other man to Cole—I afterwards saw him brought in and heard him charged—he said. "' It is not me: I have come from Dartford, and
how could I be at Dartford and there too?"—he had a handkerchief round his head and no cap—I asked him where his cap was—he said, "sold it to a man on the road for 6 1/2 d.," and he showed me 6 1/2 d.—I went with Bennett and searched the garden—we found this cap beneath a tree within ten yards of where I lost sight of him—from the top of Wickham Lane to the post office is about three minutes' walk—Welling is twenty to twenty-five minutes' walk—Wickham Lane runs from Plumstead High Street into Welling—Dartford is six or seven miles from the post office.
GEORGE BARROW . I am sub postmaster, and live at the Bostall Hill Post Office—on the evening of February 20th I left the post office perfectly secure, holding my light up to see that the back window and door were fastened—I was roused a little before 2 a.m., and came into the post office—I found White behind the counter, which had been forced open, and there was a mark which, with the inspector, I afterwards compared with this jemmy—I counted stamps found on the floor amounting to 16s. 8d. and afterwards found the date stamp, which I remember putting away—the putty of the kitchen window had been cut out and a pane of glass removed, which was standing against the wall—I found the back door unbolted—I opened it to let the Policeman in—looking through the front door one could see it.
WALTER CHARLES SAUNDERS . I live at Upper Farm, Wilmington—on February 21st I was bringing a load to Greenwich Market in a four wheeled van—near Wickham brickfield, Welling, a short chap asked me for a ride—he had no hat or cap but a handkerchief on his head—I told him my horses had quite enough load without him, and drove on—when I got to Plumstead a Policeman stopped me, and told me to get up and see who was up on the van—I got up and found a man lying at the back—he had a handkerchief tied round his head—the Policeman made him get off.
JOSEPH COLE (595 R.). Early on February 21st, I received a description from Bennett and Jennings, of a man who was wanted—about 3.15 I saw the feet of a man on the top of a market van—I spoke to the driver who got up and found McPherson—the driver said. "I told you I had a load." told him to get down, and he did so—I asked McPherson where he came from—he said, "From Dartford—the driver said. "You stopped me at Welling, and asked me for a ride, and I told you I had a load—Welling is twenty minutes' walk from Bostall Post Office—McPherson's trousers were torn, he was wearing no hat, but had a handkerchief tied round his head—I said, "Where is your hat?"—he replied. "I sold it on the road for 6 1/2 d."—he showed me 6 1/2 d. in bronze—I said, "You resemble a man who is wanted with another, for burglary at Bostall Hill'—he answers to the rough description I had—I took him to the station—Jennings and Bennett identified him.
Cross-examined. Bennett stayed in the Police station—he was there when I left it about 2, and when I returned about 3 o'clock.
with impressions on a drawer, and found they corresponded—I examined the back kitchen window which is 15 in. by 22 in.—a square of glass had been cut clean out—on the screw-driver and knife found on White. I found pieces of putty similar to that on the window.
Cross-examined. I did not say to you at the station. "It is no good, your chum has given you away, he has given a description of you"—I said, "You will be charged with a man in custody"—you both said you had come from Stratford, and the other man was apparently employed on ships—your boots were taken off because the constable said you were seen on the premises without boots, and I pointed out that there was mould at the bottom of your socks—you took your socks off—you were identified by Bennett and Jennings in the charge room—both of them said, "This is the other man we saw in the shop—you said you sold your cap on the road to Dartford—I then directed the garden to be searched at the rear of the house, where the cap was found—Bennett returned with the constable to search for the cap—Bennett's address at Woolwich is about a mile from Plumstead, and within fifty yards of where he stays—I did not mention before the Magistrate about the mould on your socks. I simply gave evidence about examining the premises.
Re-examined. Bennett's address is not permanent.
McPherson, in his defence on oath said that he left his home at New Street Stratford, to look for work and sold his cap because he could "do with the money; but he was at Dartford at the time of the robbery, and did not know White.
GUILTY . Both prisoners then PLEADED GUILTY to previous convictions; White at Clerkenwell, on June 20th. 1900, in the name of Henry Dark, and McPherson at this Court in October, 1801, in the name of Charles Carroll. Nine other convictions were proved against White, and two against McPherson. Three years each in penal servitude.
MR. TUDOR Prosecuted.
JOHN INSTAN . I live at Hereford Road, Hither Green, Lewisham—I am verger at St. Swithin's Church, Lewisham—on February 10th, I was in the church at 1.30 everything was perfectly safe then—the main entrance side door of the church is always open in the day time for private devotion—the inner vestry door was locked, with the key in the door—I left the church and returned at 2.30—I then found that the inner vestry door had been unlocked and the key taken out and found the prisoner There—I asked him what he wanted there—he said he felt faint and came in for a glass—the christening shell which was kept in a cupboard on a shelf was then on the table under the cupboard, which had been forced open with this key (Produced.)
Cross-examined by the prisoner. I was absent from the church close on three hours—every body could of course go in—no notice was put up that strangers were not to go into the church—I found you at the cupboard pulling the things out.
custody on February 10th—he said. "I shall plead guilty, I must have been mad when I went into the church."
Cross-examined Other officers were present when you said that—I found no house-breaking implements on you.
Prisoner's defence. "Anybody could go into the church, and it is quite possible that somebody else may have committed the offence; I went into the vestry mistaking it for the door leading into the street; the article I was charged with stealing was not found upon me."
Seven former convictions were proved against him. Twenty months' hard labour.
Before Mr. Recorder.
MR. PETER GRAIN prosecuted.
The prisoner received a good character. Six months' hard labour.
315. JOHN CRAWFORD (58) PLEADED GUILTY to that, he being entrusted with £1 5s., 7s., 2s. 6d., 5s. 7d., 3s. 4d., and other sums, did fraudently convert them to his own use and benefit. Also to stealing 5s., 7s. 6d., 9s. 4d., and £2 14s. 7£d., of which he was the beneficial owner.
Nine months in the second division.
Before Mr. Common Serjeant.
He had been previously convicted of obtaining cigars by false pretences. Fifteen months' hard labour.
Before Mr. Justice Grantham.
MR. FITZGERALD Prosecuted.
JOHN SUMMERFIELD (41 Y.) Produced and proved a plan of part of Brixton Road.
CHARLES EAST (N. R. 7). I was on duty in Brixton Road about 11.50 p.m. on February 24th, and saw a hansom cab coming up Brixton Road near the railway arch—I also saw a tram car in front of the cab going in the same direction—when about fifty yards behind the tram the cab driver billed out, "Hi, hi!"—the car was not stationary then, but it stopped and several people were trying to get into it—there must have been more than fourteen—the prisoner who was driving the cab, ran right among the people—I saw the deceased being picked up—I sent for an ambulance and she was taken to the station—I went to the prisoner and asked him
to get off the cab—I got him down in two or three minutes—I was under the impression that he was under the influence of liquor—he only said that he wanted his fare—I charged him with causing bodily harm—he made no reply.
JOHN D. CHAPLIN . I am a medical practitioner of 4J, Brixton Hill—about midnight on February 25th I was called by the deceased's sister on her way home—I found the deceased suffering from symptoms of concussion and compression of the brain—I stayed with her until about 4 a.m., when death ensued—the prominent symptoms were a comatose condition, insensibility, the breathing was slow, laboured, and stertorous, and there was a puffing of the lips—the pupils were first contracted and then dilated, the skin cool and then clammy, and there was partial paralysis of the left side—I made a post-mortem examination on the 25th—I found hemorrhage under the covering of the brain and under the skull—the cause of the hemorrhage was a rupture of the blood vessels which was produced by a blow—the injuries were consistent with the disceased having been knocked down by a cab—there was also a bruising all over the body, which was consistent with the wheel having gone over her.
FANNY LOUISE CASTLEMAN . I live at 29, Aredean Road, Brixton Hill, and am the deceased's sister—I was with her in the Brixton Road on February 24th—we were waiting for a tram car coming from the direction of Westminster—when it came up we stepped into the road to get into it—my sister was on my left—there were twelve or sixteen people there—we all went into the road about the same time—there was a shout—I stepped back on the kerb and a cab wheel brushed against my skirt—I turned round and saw my sister lying in the gutter all of a heap—I saw the wheel go over her body—I went to pick her up, and with the assistance of others got her on to the pavement—when the car came up we did not rush into the road, we stepped in quite quietly because we saw no traffic—my sister was taken to the station—the cab had passed between the kerb and the tram on the near side—it was not a dark night—it is a well-lighted road with electric light.
HENRY POOLBROOK . I live at 60. Tulse Hill, and am a member of the Stock Exchange—about 11.10 p.m. on February 24th I engaged a hansom cab at the top of Whitehall—I told the prisoner to drive to Brixton Church—before we arrived at Brixton Railway Station there was a tram car which was pulling up about twenty yards in front of us—fifteen or twenty people stepped off the kerb to get into it—the prisoner shouted to them and then drove into them—we had been driving on the near side, and when we got to the station the cabman continued on the same side—we were about twenty yards from the crowd when he shouted—I saw the horse run on to the deceased and knock her down with its shoulder, and I felt the wheel of the cab go over her body—the horse started away then, but we were pulled up in about thirty yards—I got out of the cab before it came to a standstill—my wife was with me—I left her in the cab and helped to hold the deceased up until an ambulance arrived—the prisoner had driven us down very well—he did not seem to be intoxicated or I should not have engaged him—we were going about eight miles an hour.
ALFRED MOORE . I am a commercial traveller, of 98, Leadenhall Street—on February 24th, about 11.50 p.m. I was going down Brixton Hill, from the direction of Streatham—I saw a cab coming along and dash into some people standing in the road waiting to get into a tram—it went over somebody and then went on for about twenty or thirty yards.
GEORGE ONSLOW . I am a time-keeper for White and Co., of 181, Brook Street, Kennington—on February 24th I was on Brixton Hill—I heard a shout and then a scream, and then saw somebody under a cab horse's feet—I went into the road as I found that the cab had not been stopped—I said to the prisoner. "Hi stop, you have run over somebody"—I took the number of the cab—the prisoner said, "I want my fare"—there was a good light in the road—I saw a gentleman in the cab.
GEORGE HENRY PADDICH . I am a tram conductor, No. 8528—on February 24th I was conducting my car, when it came to a standstill-near Glandstock Road—about twenty people made a rush—I heard a shout and saw a cab run right through the people on the near side of the car—the cabman was about ten yards from the tail of the tram when I heard the shout—I did not see any other vehicle in the road.
WILLIAM PARKS (Inspector W.) At midnight on February 24th the deceased was brought into Brixton Police Station on an ambulance—a doctor attended her—I charged the prisoner with reckless driving and causing bodily harm—he made no reply—at first I thought he was drunk—I caused him to be examined by Dr. Scott, who found that he was sober—next morning I recharged him with causing the death of the deceased—he said. "I have been driving for thirty-five years, this is the first one I have knocked down"—I have made inquiries and find that that is correct.
The prisoner, in his defence, said that when he saw the mob, he shouted' that there was a scream, which frightened the horse, that it pulled hard, and that he slopped as soon as he could.
Evidence for the defence.
CARTER. On February 24th I was waiting for this car—I heard the prisoner call out when he was about twenty yards behind the cut to the people to get out of the way—as I stepped off to the kerb the deceased stepped off in front of the cab—the horse's shoulder touched her and she fell down and the near side wheel went over her—the prisoner pulled up about ten yards away.
Cross-examined. I have been driving for over twenty years in London—the prisoner would have escaped running over the deceased if she had not stepped into the road.
GUILTY . Three months' hard labour.
THE SOLICITOR GENERAL. MR. SUTTON, MR. CHARLES MATHEWS. and MR. BODKIN Prosecuted; MR. ELLIOTT. MR. HUTTON, and MR. LYONS. Defended.
Mr. Elliott submitted that the prosecution were not entitled to prove the
death of any other women at previous dates, and which were alleged to have been brought about by the prisoner, as he was separately indicted for then. He referred to Reg. v. Winslow (8, Cox's Criminal Cases) and Reg. v. Oddy, before the Privy Council in 1893, and Reg. v. Makin (Appeal Cases, 1894). The solicitor-General submitted that he was entitled to open the facts and give, evidence of the death of other women with whom the prisoner had lived and submitted that the case of Winslow had been over-ruled he quoted Reg. v. Gill (18. Law Journal, Magistrates' Cases, pp. 66). and Reg. v. Flemington (15. Cox, p. 403) and also the case of Neil Cream. Mr. Justice Grantham ruled that the evidence was clearly admissible.
WOLFF LEVISOHN . I live at 135, Rosslyn Road, South Tottenham, and am a traveller in hairdressers' appliances—I have known the prisoner since 1888, when I met him in a hairdressers shop in Whitechapel—I spoke to him in Yiddish—he said he came from Warsaw—I knew him as Ludwig Zagovski—we met from time to time up to 1890—he told me that in Warsaw he had been practising in the medical line as a "faldscher" at the Prague Hospital—f have been a "faldscher "myself—I had seven years' training in the Russian Army—a "faldscher "is an assistant to a doctor—I talked to the prisoner about medicines—he asked me if I could get him a medicine—I said no; I did not want to get twelve years—I had a customer named Haddin, at 5. West Green Road. South Tottenham—about 1894 or 1895 I called at Haddin's and saw the prisoner there—he was an assistant—he afterwards bought Haddin's shop himself—it was in the High Road, Tottenham—he sold that, and went away for several months, and then came back to a shop opposite Bruce Grove railway station—I called upon him there—I lost sight of him for a time, and I next saw him in custody—when a man becomes a "faldscher" in the Russian Army we get a book given us which states everything right through the service, and in the civil hospitals they get certificates—the prisoner could not be a soldier because he was too young when he came over here.
Cross-examined. I have been in this country since 1862—in 1870 I was called home to do my service, and then I came back here again—the prisoner never showed me any of his certificates as a "faldseher'—I never saw any of his papers—I did not see him from 1895 to 1902—I have seen a great many people in those seven years from Russia and Poland—I go into the Borough at times—I only "call at barbers' shops, not at public-houses.
ETHEL RADIX . I am the wife of Abraham Radio, of 82. Riveter Street. Shoreditch—some years ago we kept a hairdresser's shop in West India Dock Road-we had an asistant there named Klosowski—the prisoner is the man—he said he had been a "faldscher "in Warsaw—he had some papers with him in Russian and Polish—he read them to me—they were about his study—he was with us five months—during that time my baby was ill, and the prisoner helped me with it.
Cross-examined. Before I identified the prisoner, a gentleman came to our place with a photograph—I then went and picked the prisoner out—I am quite sure of the prisoner.
Re-examined. When I saw the photograph I was quite sure it was Klosowski.
STANISLAUS BADERSKI . I live at 406, Hoe Street, Walthamstow, and am a tailor—I come from Poland, and have known the prisoner thirteen years—I first knew him at a Polish club in St. John's Square, Clerkenwell, as Severino Klosowski—he told me he had had a barber's shop—I have two sisters—one is named Lucy Baderski—she met the prisoner at the Polish club—they kept company together for four or five weeks, and then got married—I was not at the wedding, but I went to the party in the evening after it—the prisoner and my sister were there—that was August Bank Holiday, 1889—my sister and the prisoner lived together in Cable Street and then in Greenfield Street—they were known as Mr. and—Mrs. Klosowski—my sister had a son—about eighteen months afterwards she left the prisoner—she is alive now—I last saw her two or three mouths ago at Southwark.
Cross-examined. The prisoner was not a member of the Polish Club, but he came there every Sunday night—I went to his house once or twice after he married my sister—I did not have much to do with him—after he left my sister I did not see him until he was in custody—I read the prisoner's name in the paper—the Police came to me—they showed me a photograph—I went to the Court and saw the prisoner—I did not see the photograph before I went to the Court—I am quite sure of that.
STANISLAWA RAUCH . I am the wife of William Rauch, of 292, Burdett Road—I am the sister of the last witness, and have a sister named Lucy—I last saw her about four weeks" ago—she left German Poland before I did—I came over about three years ago—at that time my sister was married—her name was Lucy Klosowski—I met her husband in a public house in Whitechapel Road—I think he is the prisoner—when I came to London my sister was living with him in Greenfield Street—I used to go and see them there—when their first baby was born I saw the prisoner washing it like a nurse—he said he had been a "faldscher "at the Hospital of the Infant Jesus at Prague, near Warsaw—I remember him and my sister going to America—she came back in February, 1891, by herself—another child was born on May 12th—when it was about a fortnight old the prisoner came and said he had come back from America—next day I left my sister, who was going to live with the prisoner—I left them both together at the same lodgings—that was the last time I saw him.
Cross-examined. I was shown a photograph before I went to the Court by Mr. Godley—I saw another one before I came to London thirteen years ago it was sent to my father—I saw the prisoner very often before he went to America—I came over here in August, and they went to America about the following Whitsuntide—when I went to pick the prisoner out I was not quite sure of him at first—afterwards I was quite sure—there was no other man like him among them.
Re-examined. I think there were about twenty men there—I saw two photographs of the prisoner.
a hairdressers' shop in West Green Road, Tottenham—the prisoner was employed there—we used to call him "Schloski"—he worked there about nine or twelve months with me and after a time he took a shop in High Road, Tottenham—it had formerly belonged to Mr. Haddin—I left the neighbourhood before the prisoner did—I next saw him at Southwark Police Court a few months ago.
Cross-examined. I never heard the prisoner called Ludwig Schloski, or Severino Klosowski—it was in 1892 or 189.3 that I saw him—I only know Levisohn—I do not know any of the others—I may have known Levisohn at the time I knew the prisoner—I did not know that Levisohn knew the prisoner as Ludwig Zagovski until after this case commenced—I never heard the prisoner called by any name except "Schloski"—I was shown two photographs before I wont to the Court—when I identified the prisoner, he was in the dock.
Re-examined. I am an Englishman, and have no experience in the pronunciation of Russian names—I did not know how the man's name was spelt.
STANISLAWA RAUCH (Re-examined.) That lady standing there is my sister Lucy, and is the woman who was living with the prisoner, and who I understood was married to him.
WILLIAM LEMON BRAY . I am managing clerk to Mr. Braund, solicitor, of 6. Gray's Inn Square, and I live at 82, Park Lane, Tottenham—I know a Mr. Pincott—he is a personal friend of mine, and in 1893 was the owner of 518. High Road, Tottenham—about December, 1894, I was consulted by him in reference to the letting of that shop—the man who proposed to take it came alone to sot—me on several occasions—he gave the name of Severino Klosowski—he gave me some references, this is one of them—that name is on the back of it—he wrote it as I could not make anything out of it, and I put the address underneath it in pencil—this agreement was drawn up (Produced) and is signed by the same man in my presence—on January 14th I was at Southwark Police Court—I saw several men there and I picked the prisoner out from amongst them as the man who had signed the agreement—I have no doubt about him—I remember a young woman coming to me several' times—I have no doubt she gave me her name—I do not remember it now—it may have been "Annie Chapman.'"
Cross-examined. The prisoner called upon me eight or nine times, and I afterwards collected his rent as it became due—that was eight years ago—I have not had ranch to do with people of his nationality.
GEORGE GODLEY (Detective Inspector M.) I arrested the prisoner at the Crown public house—I found a number of documents, and amongst others I found this book in the box room, containing some prescriptions (Produced)—on the front and back of it is written S. Klosowski—I also found this photograph (Produced), and also a number of documents in the Polish language—they were in a drawer in the prisoner's bedroom—I also found this diary (Produced) for 1893—I find this entry in it "Hair dresser wanted, indoors. 30s. to W. Holton, Clifton Baths Market—in the same book there are some newspaper cuttings pasted in. "Hair brushing machinery, send for price? to the manufacturers complete sets;
easy payments arranged; new patterns"—in the pocket of the book there is a sheet of notepaper, and on it "Came from America in 1893, independent," also, "Deposits £100, when from America I had £1,000."
Cross-examined. Some of the things I found in a chest of drawers, and others in a back room, but that pocket book I found in a small office off the bar—I had no difficulty in getting the documents; I received them on the same day that I arrested the prisoner—I locked all the things up, took him to the station, and then went back to the house.
JOSEPH BETRIKOWSKI . I live at 30, New Street, Kennington Park Road, and know Polish—I have made a correct translation of these documents, and also of this little book, which is a book of 500 household prescriptions—on the front page there is S. Klosowski—one of the papers,. dated October 29th, 1882, certifies that on December 15th, 1865, Antonio Klosowski, a carpenter, and native of the village of Nagorna, with two witnesses, arrived at Kolo, and stated that Emilie, the wife of Klosowski, had given birth to a child on the previous morning, whose name was Severin—the next paper is dated December 19th, 1880, and is a certificate to the effect that Ksaverii Klosowski, son of Antonio, attended the Krasseninsk school from October 1873 till June 1878 and completed the full term of his studies, and that his conduct was good—the third paper is a certificate from the magistrate of the county of Zvolen to the effect that Severin Klosowski, a resident of the village of Zvolen, was a well-behaved man, and had never been found guilty of any crime, it is dated November 16th, 1882—the next paper is a certificate issued to the surgical apprentice Severin Antoniovich Klosowski was in die surgery in the village of Zvolen from December 1st, 1880, to June 1st, 1885, that he had accurately discharged his duties, and that he was diligent, of exemplary conduct, and studied the science of surgery with zeal, dated June 27th, 1885—the next is a certificate dated October 22nd, 1885,. to the effect that Severin Klosowski had been employed for 4 1/2 years in the village of Tymenitsa, as a surgery pupil, and had given skilful assistance to patients—there is also a certificate dated January 2nd, 1886, to the effect that Severin Klosowski from-October 1st, 1885, to January 1st, 1886, had received instructions in practical surgery at the Hospital at Praga, and that: his general conduct was good—(There were other certificates to the effect that Severin Kloswski had been employed as surgeon-assistant; that he had fulfilled his duties with zeal; that he had been of good behaviour; and that he had performed his surgical functions with a full knowledge of the subject.)
GEORGE SHERMAN . I am a barber at 33, Hill Street, Hoxton—I know a barber's shop underneath a public house in High Street, Whitechapel—it was kept by the prisoner—I saw him twice—the first time was twelve years ago—it was eight or nine years before I saw him again—that was at Hastings—he was outside a barber's shop—there was a short woman, assisting him in the shop—I am not sure of his name—it was some foreign name like Klosowski.
Cross-examined. I have called on hundreds of people each-year since. I have been in England—I have been here fifteen years.
WILLIAM HENRY DAVIDSON . I am a chemist., and now live at 49, Upper Lewes Road. Brighton—in I 1897 I was living at 66. High Street, Hastings, and carrying on the business of a chemist there—I have now retired—I was at Hastings for about eighteen years, and while there I used frequently to go to a barber's shop to get shaved—the prisoner was employed there, and he shaved me on many occasions—one day he bought several things from me, and asked me to let him have a particular poison—he came to my shop and purchased one ounce of tartar emetic—we have to keep a copy of the sale of poisons—this is my poison register book (Produced)—there is an entry here of the tartar emetic sold to the prisoner: it is "April 3rd 1897, name of purchaser, Mr. G. Chapman. I ounce of tartar emetic."—that is in my writing—then there is "purpose for which it is required," but I cannot make out what is written here, it is in the prisoner's writing—it looks like "take" or "teke"—he wrote that in my presence after he signed G. Chapman—I knew him as Chapman—I do not recollect his Christian name—I gave him the ounce of tartar emetic—it was in a white powder—this label is in my writing—it is the one I put on the bottle containing the tartar emetic (Read)—"W. H. Davidson, dispensing chemist. Poison, tartar emetic. Dose:,', grain to grain: to be used with caution. 66, High Street. Hastings."-The word "poison" is printed—I used a red label to indicate poison—I also sold the prisoner two or three medical books—they were old editions—I have no doubt these are the ones (Produced)—I cannot find any other sale of tartar emetic in my book—I saw in the newspaper an account of a woman named Chapman having died of this poison, and F went to the Police and gave such information as I had.
Cross-examined. I am a registered qualified chemist—the prisoner was not a stranger to me—I cannot recollect having sold so large a quantity of tartar emetic as this in any one year—if I had sold it, it would be entered in the book—it is very seldom used—during my professional life I have Several I times sold as large a quantity as this—I cannot say that it was a very unusual request to have made to me because the prisoner had had several transactions with me—I think he did have some other poisons, but they would not come under Schedule I.—T do not know if I demurred at his wanting so large a quantity—F cannot say what was passing through my mind at the time, but from my conversation with him I knew he had a good knowledge of medicines, and so F let him have it—I knew he was not practising as a medical man—no doubt he gave a cogent reason why he wanted it, but I cannot say what it was now—two grains of tartar emetic might be a fatal dose, and twelve certainly would be—I conformed to the law by answering the questions in the book and by knowing the man well—no doubt I asked him what he required the poison for—I do not know now what the word "take "means—I cautioned him—I entered it-in the book—I labelled it poison—I could not do any more—I also put the dose on the label—some years ago I sold a man I 1b. of tartar emetic, that was for horses—T did not know if the prisoner kept horses—I cannot give the slightest information at this period—I did not say at the Police court that he entered the particulars,
and that I wrote the word "take"—I do not know that it is "take"—I do not know if I knew what it was then, but then—must have been some reason—the object of the Act is to trace the poison—I do not suggest what reason the prisoner gave me for buying the poison—this label has certainly been on a bottle—if you put a label on a bottle and let it dry you can still get it off if you wet it, and you can stick it on to another bottle—the books that I sold to the prisoner did not specially deal with poison.
Re-examined. There is no doubt that I sold the prisoner an ounce of tartar emetic—under the Sale of Poisons Act I was entitled to sell it to him provided he signed a book in my presence, stating the purpose for which he bought it—I had no idea he was going to make any improper use of it—as far as I knew he was a respectable man—whether I know the man or not I am bound to enter or cause to be entered in the book the purpose for which it is required—I cannot say now if the word "take" means that he or somebody else was going to take it as a medicine—but I think that there is no doubt that that is the reason why I put the dose on the label—1/4 to 1/4 grain is the right dose for a. diapheritic—in larger doses it is an emetic—the dose I named is an infinitesimal quatity compared to the quantity I sold him—I knew the prisoner fairly well, I had had several transactions with him—an ounce of tartar emetic costs about 2d.—I used to buy about a pound at a time—I cannot recollect if he bought anything else on the same day.
By the JURY. I found him a very intellectual man to converse with—I am positive he is the man.
ELIZA MARSH . I live at 14. Longfellow Road, Croydon, and am the wife of Robert Marsh—Maud Eliza Marsh was my daughter—she would have been twenty on February 17th last—she had been a barmaid in a situation at Croydon, and in August, 1901. she was out of a situation—she advertised for a situation as a barmaid—she got an answer, and in consequence I went with her to the Monument public-house, in Borough High Street, where we saw the prisoner in the name of Chapman—we had some talk with him—he had a ring on his finger, and I asked him if he was married or single—he said he was a widower—it was arranged that my daughter should live in the house—I asked him if there was anyone else there, he said the top floor was occupied by a family—my (laughter was engaged that day, and a little while afterwards she went to live there to take up her situation—in September ray husband was ill in hospital at Croydon—I had letters from ray daughter from time to time, and about the middle of September she and the prisoner came to visit me at Croydon—the prisoner told me he had taken a great fancy to Maud and that they wanted to be engaged, and that he wanted to many her—I said I would see her father when I went to the hospital—they went to visit my husband in the.' hospital on another day, and they, came down to see me several times—f remember on one occasion the
prisoner brought down a paper which he said was a will in Maud's favour. (This purported to be the will, of George Chapman, appointing Maud Eliza Marsh to be the executor and trustee for her and her own use and benefit; and that all interest in his business and household furniture, etc., were to be taken by Maud Eliza Marsh as well as all money found on the premises at the time of his death. This was dated December 13th, 1901, it was unsigned, but teas witnessed by Eliza Marsh and Alfred Samuel Marsh.)—That is my signature and my son's—on October 13th, 1901 I went to the Monument—f saw some confetti lying about—my younger daughter Nellie was staying there on a visit, and when I got there on the 13th I saw her and Maud and the prisoner—in the prisoner's hearing Nellie said, "Maud was married this morning—that was the first I had heard of any marriage having taken place—the prisoner asked me to stop and have some dinner, which I did and in his hearing it was said that the marriage had taken place at the Roman Catholic Church—Maud was wearing a new wedding ring and several other rings which the prisoner had given her—I asked about the certificate, and Maud said, "George has got it and put it with his other papers"—Maud was not a Roman Catholic—I spent some part of the day there, and then went home—just before Christmas, 1901, Maud and the prisoner moved to the "Crown"—I did not go there until my daughter was ill—in July, 1902, I got a letter from her—I went to Guy's Hospital and saw her more than once there—after she came out I did not see her again until she was ill in October—I had a married daughter named Mrs. Morris, and about October 10th or 11th I got a message from her, and on October 20th I went to the "Crown"—I was only with Maud for two days before she died—my husband had been on the Saturday before I went to see her, and Mrs. Morris was there when I got there—on the 20th I saw the prisoner—I asked him about Maud—he said she was no better—he did not then say what was the matter with her—I went up to see her—Jessie Toon was in attendance upon her—she was in bed, and seemed very bad—she complained of very much pain in the lower part of her stomach, and of excessive thirst—she kept vomiting—after I had been in the room a little while the prisoner came in—he went to the bedside and asked her how she felt—he lifted her hand and felt her pulse—she then complained of thirst'—he gave her a drink—I do not know if it was brandy and water or only iced water—sometimes she had brandy and water and sometimes iced water—i-ice was kept on the landing—she took what he brought her—after she had taken it she vomited—the vomit was of a greenish colour—the pain continued, and hot towels were put on her—I stayed there that night—the prisoner was in the room—Toon went home—I attended to my daughter during the night—the vomiting continued—it was still green—only drink was given to her during the night—sometimes she wanted brandy and water and sometimes only plain water as long as—it was cold or with pieces of ice—I gave it to her during the night—the prisoner gave it to me—Maud vomited every time she took it—I saw Dr. Stoker on the Tuesday—in the prisoner's presence I asked him it he could do nothing for my daughter—he said he was at his wits end
to know what to do—the prisoner did not say anything to that—on the Monday I left the house for an hour or two—Toon was attending to my daughter then—she had injections—I saw the prisoner administer them—he used to use miles—I did not see any liquid injection—the prisoner was frequently in the room during the daytime—when he came in, as a rule he went to the bedside and felt her pulse—I asked him what made Maud so bad—he said he did not know, unless it was the rabbit she had eaten—he said they had all partaken of it—I asked if it had made the others bad—he said that he' felt bad, and that he had been sick, or something to that effect—on the early Tuesday morning I made some gruel for my daughter, which the servant, Louisa Cole, had got—I gave it to Maud—she did not retain it—I do not know how many times during the night drink was given to her—I got the gruel out of the kitchen—the servant got the milk—I saw Dr. Stoker towards mid-day, and shortly afterwards, my own doctor from Croydon, Dr. Grapel, called at my husband's suggestion—he saw my daughter with Dr. Stoker, and after they had examined her Dr. Grapel made a statement to me—I afterwards said to the prisoner, "Dr. Grapel thinks Maud has been poisoned"—he said he could not think how, unless it was the rabbit—I said, "Dr. Grapel says you don't find arsenic in rabbits"—the prisoner said, "I cannot think what it was, then"—the vomiting had continued during Tuesday, and there was diarrhoea—the thirst continued—she had nothing to drink except water or brandy and water—the prisoner generally brought the brandy—sometimes I. went down into the bar and asked him to give me a little—I remained in her room on Tuesday night—Toon left about 1 a.m.—the prisoner was in the bar till closing time, and then he came up to the room—the same symptoms continued—after Toon left prisoner remained in the room with me—after she had gone the prisoner brought up some brandy in a small glass, which was placed on the safe by the bedside—I did not go to bed that night—I sat in the arm-chair—I may have fallen off to sleep for a minute or two while my daughter—slept—the prisoner lay on the couch in the same room in his clothes—during the early hours of the morning my daughter slept—she woke up about 3 or 4 a.m.', and asked for some drink—I gave her a little brandy and soda, which was kept in a small bottle on the landing outside—I only gave her about a tablespoonful of brandy—after she had taken it she vomited, and that was the last time she did so—between 5 and 6 a.m. I took a little of the brandy myself in some iced water—after I had taken it I had severe diarrhoea and sickness and pain in the lower part of my stomach—that continued till about 7 a.m.—I had about six attacks of diarrhoea and vomiting during that time—Maud's bedroom was on the second floor—the w.c. was on the first floor—when I had to go there the prisoner was left with my daughter—he opened the house to the public about 8 a.m., and a little while afterwards I gave the servant a message—about 9 a.m. Toon came—after having spoken to the servant I had again to go to the w.c.—when I got back to the room the prisoner was standing by the bedside—I do not know if he had anything in his hand then, but he got a little more brandy for Maud, because she said she was
Thirsty—Toon was there then—when I got back to the room die brandy was on the sale—I had told the prisoner what I was suffering from, and that he must send for the nurse—I told him I had both sickness and diarrhoea—I do not know what he said—he did not suggest any cause for it—he said that it was perhaps from sitting up for two nights and having no rest—he did not stay in the room after Toon came, and when he had gone Maud asked for something to drink—Toon offered her some brandy in the glass which was standing on—the safe—I do not know if it had water in it also—as Toon offered it to Maud she put up her hand and said.' "No, no, no"—Toon then gave her a little water—Toon then tasted the brandy because she thought it was too strong—that was about 9 a.m. and about that time Maud had a kind of fit—there had been purging since the early morning, but not from the back passage—we used some cloths—that which came away from her was green—her lips and hands were dark and changed colour—I went and told the prisoner—he came upstairs—he did not bring anything with him—he went to the bedside—Maud said, "I am going, George."—the prisoner said, "Where?"—she said, "Good-bye, George," and that is all she uttered—the prisoner stayed little while, and then went out—I saw him on the landing—he was crying, and appeared greatly upset—the soiled cloths were taken out of the room, and I told the servant to put them in the dust-box—Maud had died at 12.'50, and a little while afterwards Dr. Stoker came—I heard the prisoner ask him for a certificate of her death—Dr. Stoker said he could not give one—I asked why—he said he did not feel satisfied the way she had died, and he was surprised to find her dead—the prisoner said. "Why not?"—Dr. Stoker said because he could not think why she had died so suddenly—the prisoner said she had died from exhaustion caused by diarrhoea and sickness—Dr. Stoker said he should like a post mortem, and also said, "What caused the diarrhoea and vomiting?"—the prisoner did not make any answer—I stayed in the house a day or two after the death—I remember the Police coming on the Saturday—in the presence of Inspector Godley I asked the prisoner if he really had been married to Maud, and he said, "No"—Godley had told me something before I asked that question.
Cross-examined. Maud was always a good daughter and a very well behaved girl, and at the time I first saw the prisoner I was exceedingly anxious she should have a good situation, and that she should go there under respectable circumstances—the prisoner told me that Maud would not be alone with him at the "Monument," and that he had a woman in to help with the rough work—I did not ascertain if there was a family on the top floor—Maud afterwards said that the people upstairs had cleared out on the Monday that she went there—she, was to have gone there on a Thursday but the prisoner wrote and asked her to go on the Monday instead, his reason being that he wanted to get the people out before she came in—he did not tell me at the time—there were no servants there then—I do not think that they had one at the "Monument "at all—I only went there three times at the outside—my youngest daughter was fifteen years old—I do not know how often the woman went in to clean
up except by what my youngest daughter told me—Maud often wrote to me, she appeared to be happy and contented by her letters, and she spoke in kindly terms of the prisoner—he often came with her to see me, he seemed kind to her and gave her some handsome presents—I gathered from the tone of her letters that she was fond of him—her letters to me stopped just before Christmas, 1901—I had no letters from her during 1902 until she was in the hospital, because my son used to go up every week, so I heard of her through him—I gathered that Maud was still in the same happy and contented condition up to the time of her going to the hospital—until Maud's illness the prisoner always treated me nicely, and always seemed to welcome me when I went to the "Monument"—I first knew that the prisoner was in love with Maud about three weeks after she had gone into the situation—the prisoner did not tell me on my first visit that he was going to marry Maud or that he was very fond of her—he told me that, when they came on bicycles to see me at Croydon—my husband was then in the hospital and they went to see him there—the prisoner on that day did not tell me that he was a Roman Catholic—my daughter told me that he was—I did not go to the hospital when they went to visit my husband as it was not visiting time, but the nurse let them in because they had come down from London—I went there in the afternoon—it was on a Sunday after that that the prisoner brought down the will—my husband was still in the hospital—I did not ask the prisoner if he was going to marry Maud or anything about it—I asked Maud to let me know, which she promised to do—I did not hear anything more about it until my other daughter told me that they had been married at the Roman Catholic Church in Bishopsgate Street—Maud was ill for about three days while at the "Monument"—I did not visit her then—I do not know the date—I do not know Florence Rayner—she was not at the "Monument"—Maud had severe pains in the stomach while at the "Monument," and a Mrs. Bolling attended her—it was a kind of flooding, Maud told me—I think the symptoms were something of the same kind that she had in her last illness—she got quite well again—that was a long time before November 1902—she gave me no reason to account for that illness—she confided more in her married sister than she did in me because I was always away—she once told me she thought she might be pregnant—that was "some time after her illness at the "Monument"—I do not know if she had a doctor when she was ill there—Dr. Grapel had attended her at Croydon for her teeth and hysteria—during the whole of my daughter's last illness she never suggested any cause for it—she never said one word to lead one to suppose that she doubted her husband for a moment, or that, he had been unfaithful to her with other women—she appeared perfectly happy and contented to the last, apart from her illness—I only saw her at the "Crown "during the last three days of her life—during those days the prisoner appeared to show her every possible attention that could be expected from him—I thought he was very kind to her—I was quite satisfied with his conduct up to the time of the suggestions by the doctor—I believe the servant was a respectable girl—I have no cause to complain with regard to her, and Toon treated Maud with every care and
attention, and seemed anxious to do everything for her—I think Maud had engaged the servant—I think she had been there about four months—I did not know Dr. Stoker until I went to the Crown, but I then learned that he had attended Bessie Taylor who had lived with the prisoner before my daughter had—the prisoner appeared to be quite contented at Dr. Stoker coming and attending Maud, and had a conversation with him as to her condition—I asked Dr. Stoker on Tuesday if he thought that Maud would get better—he said no, he did not think she would ever get up again—I said, "Is there nothing you can give her to stop the sickness?"—he said, "No. I am at my wits' end to know what to do"—I said, "If she dies don't you think you ought to have a post mortem; if you will have one I will pay all the expense out of my own pocket"—that was before Dr. Grapel came—my husband suggested that Dr. Grapel should be called in—I did not speak to the prisoner about him, I did not know he was coming—I was surprised at Dr. Grapel coming, and so was the prisoner—I do not know that the prisoner had arranged for Dr. Stoker to meet Dr. Grapel in consultation—when Dr. Grapel came the prisoner sent the servant to Dr. Stoker to say that Dr. Grapel was waiting—I do not think the prisoner was present at the doctors' consultation—after they had seen Maud Dr. Grapel said he would like to see me with Dr. Stoker—the prisoner was not present then—the brandy that I gave to Maud was obtained from the bar—it was the best the prisoner had got—I do not know if it was Martell's Three Star brandy—he got it out of a bottle, he generally brought it up in a glass—the bottle out of which it was poured I believe was kept in the bar—the servant also served in the bar, and would be there when the prisoner was absent—I did not see the brandy poured from the bottle into the glass in the bar—some I fetched was—he took it from a bottle in the bar—I do not know if that was the only bottle open at the time—Toon may have brought up the brandy once or twice, and I may have fetched it two or three times—when it was brought up it was put on the safe in the tumbler—there was nothing in its appearance-which excited my suspicion—when I drank some myself I did not suspect it was wrong—it was not till nearly two hours afterwards that I was taken ill, and it was not until I began to suffer discomfort that I knew it was the brandy and water which caused my illness—at the time I took it I had been nursing Maud continuously since the Monday—I had not taken my clothes off and I was feeling very tired and worn out that was the reason I took the brandy—I felt that I wanted something—I had not had anything to eat—I had only had tea and draught stout—the stout came from down-stairs—I asked Maud what she thought had made her bad, and she said she did not know unless it was the rabbit—I think I told the prisoner that—when Toon drank some brandy and water on the Wednesday morning she said, "Good God, that has burnt my mouth"—she had only sipped it—I do not know if it was neat—it was just as it was on the safe, and as the prisoner had brought it up—I think it looked like neat brandy—when the prisoner came up to see Maud he seemed to be anxious about her—he was frequently up and down stairs to see how she was—I regarded his actions as those of a husband who was really anxious about his wife's
condition—when she died he closed her eyes and went out on the landing where I saw him crying, and he seemed dreadfully upset—when Dr. Stoker refused to give a certificate the prisoner did not plead for one because the doctor said he would have a private post mortem—the prisoner paid the funeral expenses—he had nothing to do with the making of the gruel in the kitchen—he did not object to my having anything I wished—the food was all prepared down stairs by the servant—Maud did not have anything to eat while I was there.
Re-examined. As far as I know, from the time that Maud was ill at the Monument until she went to Guy's Hospital she was quite well—when the prisoner brought brandy upstairs I do not know where he got it from—I do not know anything about its quality, I suppose that he would give her the best—I do not know whether it was mixed with anything or not—the water outside the room was kept in a jug, which stood in a pan with ice in it—once or twice I got some water from the bar tap, because Maud said it was nicest there—I do not know how much brandy Toon took, she went downstairs and washed her mouth out—until Godley spoke to me I had no suspicion that Maud and the prisoner were not married—when she was in the hospital I had asked her if they were, and she said, "Yes."
By the JURY. The prisoner was in the room when I took the brandy which made me ill—he did not tell me not to drink it—I do not know if he saw me do so, because he was lying down—when. I gave Maud the gruel, she said, "It is no good taking anything, everything makes me sick."
ROBERT MARSH . I am a labourer of 14, Longfellow Road, West Croydon—Maud Marsh was my daughter, and in August, 1901, I remember her going to the Monument—in the autumn of 1901 I was in the hospital on two occasions—whilst there Maud visited me, and while I was there the second time, she came accompanied by the prisoner—on one of the occasions that she came alone I saw a plain wedding ring on her hand—she made a statement to me with regard to it—I left the hospital just before Christmas, and went to the Crown—I went there again in July, 1902—Maud was then in Guy's Hospital—I saw the prisoner and asked him how Maud was—he said she was ill and in Guy's, and asked me if I wanted to see her—I said, "Yes, that is what I come for."—I did not ask him what was the matter with her, and, he did not tell me—I went to the hospital that same evening and saw Maud—she complained of vomiting and pains in her stomach—I went back to the Crown again and saw the prisoner—I told him what Maud had complained of—he did not give me any explanation—in October my married daughter, Mrs. Morris, stayed for a day, or two at the Crown—I afterwards heard from her something with regard' to Maud, and on October 18th—I went to the Crown and saw Maud between 6 and 7 p.m.—passing through the bar I saw the prisoner—I asked him how Maud was—he said she was very ill in bed—he did not say what was the matter with her, and I did not ask him—I went upstairs to Maud's bedroom on the second floor—Toon was nursing her—the—prisoner went upstairs in front of
me, and when we got into the room he took hold of Maud's pulse—he did not say anything—I asked Maud what she thought was the matter with her—she said she did not know—she had pains in her stomach, diarrhoea, and vomiting—I stayed in the room about three hours—she often showed signs of thirst—the prisoner gave her some water—he came up and down-stairs every few minutes the whole of the time that I was there—when she asked for water the prisoner went out of the room to get it—he was not absent long—I did not know where anything was kept—when he gave her the drink she vomited it nearly every time—I did not notice the colour of the vomit, but I noticed that the water was discoloured and not clear—I saw the prisoner as I was going away—nothing passed between us—on Tuesday, October 21st, about 9 a.m., I made a communication to Dr. Grapel—he was our family doctor at Croydon—about 6 or 7 p.m. the same day I went to the Crown and saw the prisoner—I did not know if Dr. Grapel had been by then, but the prisoner told me that the doctor had been—I asked how Maud was; he said she was very bad—I went upstairs with him—I thought Maud was better—I went up to the room twice—I remained there a little time—I went down again and saw the prisoner in the bar—I said, "Maudie is very bad is not she, George?"—he said. "es'"—he did not say any more—I went upstairs again with him—I said to him. "I think my daughter will pull through now, George"—he said, "She will never get up no more"—I said, "Have you seen anyone else like it?"—he said, "Yes"'—J said. "Was your other wife like it?"—he said, "Just about in the same way"—he told me that Dr. Grapel had been—he said that he had already got one doctor in attendance and he did not know what we wanted another for; we did not want fifty—I told him it was no good to make a fuss about the doctor as I had sent him up—before I had gone downstairs I thought Maud seemed better, I was quite pleased at the way she spoke to me—that was the last time I saw her alive—next day about 4 p.m. I had a telegram announcing her death—I showed it to Dr. Grapel about 5 o'clock.
Cross-examined. I was always on the best of terms with the prisoner—I minded his house for him on two occasions—I always found him pleasant and agreeable—he always answered my enquiries about my daughter perfectly frankly—he used to come down sometimes to see me with Maud, and as far as I could see she was very happy with him—I thought he treated her very well—when I said to him, "'Have you seen anyone else like it?" he said. "Yes," quite readily, and he had no hesitation in saying about his other wife. "Just the same way"—when the prisoner went out of the room to get anything he did not appear to be gone any longer than Toon was when she went to get anything—I suspected the prisoner on the 18th. that is why I told Dr. Grapel to go—I did not like him getting the water, and giving everything to her himself—I did not offer to do it—the woman was there to do it, but he would not let her—I did not do it because I did not know where the things were—I did not see him mix anything—I never saw Toon fetch anything; she was not always in the room when I was there—I do not know whom the brandy came from or where it was kept—when I Kepi the house for him the brandy was
kept downstairs—I do not know if there was any Martell's Three Star—I did not see any of the brandy which was for Maud poured out—I do not know what class of brandy it was—I was not left alone with Maud for more than five or six minutes at a time—when I was alone with her she did not ask me for anything to drink—no obstacle was put in my way to go and see her.
By the COURT. In consequence of something that occurred to me on the Saturday, I went and saw Dr. Grapel on the Tuesday—I did not think it necessary to see him on the Sunday, but somehow I kept thinking it over and I got my youngest daughter to go up—she came back and said Maud was very bad.
By the JURY. I did not call in Dr. Grapel because the prisoner said that his former wife had suffered in the same way—I was suspicious before that.
LOUISA SARAH MORRIS . I am the daughter of Mr. and Mrs. Marsh, sister to Maud Marsh, and wife of Edward Morris—at present I am living with my parents at Croydon—I have been married five years—I visited Maud at the "Monument" from time to time—I remember her being in Guy's Hospital in July and August, 1902—I went to see her there, and afterwards on one occasion I went to see the prisoner at the Crown—I told him that Maud had asked me to come down for some things—he said he would take them himself, but not then—I stayed at the Crown while he went to Guy's—on one occasion he told me that Maud was suffering from, constipation—Maud had told me it was diarrhoea—I said it was funny, and I could not make it out—he said, "She should have done as I told her"—I asked him what that was—he said, "She should have took the medicine I give her"—I said, "She never would take medicine," and that it was funny that the doctor could not find out what was the matter with her—he said, "I could give her a bit like that," snapping his fingers, "and fifty doctors would not find out"—I said, "hat do you mean?"—he walked away and said, "Never mind"—I saw her on more than one occasion at the hospital—I saw her on the day that she left, at the Crown—I do not know the date—she was sitting on a chair in the bar—she appeared very ill, and I told her she had no business there—I made her go upstairs and he down—she could not go up by herself, and I had to help her—I visited her subsequently—sometimes I found her well, and sometimes unwell—she was generally up—on one or two occasions I found her lying down—on Wednesday, October 8th, I went there—I see the prisoner in the garden—he said I should find her upstairs—I found her not at all well—she was complaining of diarrhoea and sickness, and said she did not know what was the matter with her—on Saturday, the 11th, I got a letter from her, and in consequence I went and saw her—I stayed there until the Monday—when I saw her on the Saturday she was very bad and in bed; and suffering from vomiting and diarrhoea—on the Sunday I gave her some bovril, which I prepared myself—the servant brought it up from downstairs—she had a small piece of toast with it—she was not sick immediately afterwards, but about half an hour later I give her some draught ginger-beer, which the
prisoner gave me from the bar, and she was sick after it—she had brandy at different times—the prisoner brought it up from downstairs—it was left on the safe by the side of the bed—she was very thirsty, and told me her throat seemed to burn her—I did not see the prisoner bring up anything besides brandy—on Saturday she was too bad to take anything; in fact, for some time she did not know me—on the Saturday evening she only had brandy and soda—she kept on asking for it—she kept on being sick—on the Sunday morning she seemed better up to dinner-time—she sat up in bed and read a newspaper—on the Saturday evening I washed her, and made her comfortable—I then went home to get some things—I was away about an hour and a half—when I returned she did not know me—the prisoner was with her when I left, and I asked the servant to give her an eye every now and again—she vomited a little on Sunday morning—she brought green water up—I saw no sign of the bovril—for dinner she had pork, potatoes, greens, a piece of bread, and a glass of ginger-beer—that meal stayed on her stomach—she remained in bed—I stayed with her until 3.30 or—4 p.m.—when I left she then appeared pretty well—she was propped up in bed, reading the paper—I did not go out of the house—I was out of her room for about an hour and a half—I left the prisoner in the room with her and when I came back she was very bad and quite helpless—before I went into her room I saw the prisoner in the bar—he asked me if I was cold—I said. "What do you mean? How is my sister?"—he said, "I don't know; I will go and see"—I went up to her room, and found her very bad—I do not know if she saw me, she seemed so drowsified—we just lifted her out of bed and back again, and she seemed to go to sleep—I sat in the room with her all the evening—she complained of pain in her side—she asked for drink, and was given ginger-beer or brandy—the brandy was brought from downstairs by the prisoner—during the evening he brought up a bottle of champagne and gave Maud some—I stayed with her till between one and 2 a.m.—after the prisoner had finished in the bar, he came upstairs—I said, "Can I stay with her?"—he said, "There is no need"—I said, "ill you call me if she is worse?"—he said, "Very likely"—I then went upstairs to sleep in a room overhead—I did not leave the house—I saw her next morning—she seemed very drowsy and no better—she had a little drop of tea—I do not remember if I made it or the servant—I do not think that agreed with her, because she only drank half of it—the nurse was not there during these days—I left her at 2 p.m. and went home—I returned to the house on Monday, the 20th—I found Maud very bad—she did not speak to me—the nurse was there then—Maud vomited during the day—she had diarrhoea, and was in great pain—the vomit was green—she could not take any food—she was having injections—I did not see who gave them to her—I saw the prisoner in the bar, and asked him if he ought not to have another doctor to her—Dr. Stoker had been to see her when me and my mother was there—he said he was at his wits' end to know what to give to her—the prisoner said he had got the host doctor, and if one could not do it fifty could not—my mother said to the prisoner, "Don't you think you had better have another
doctor?"—as far as I can remember, he said, "No, it is no good"—I left that evening, leaving my mother with Maud—I never saw her alive again.
Cross-examined. I saw a good deal of the prisoner and Maud when they were living together—I do not know if there was much trade at the Crown, but they seemed to be getting on nicely—the prisoner had no barmaid or barman—there were only himself, Maud, and the servant to serve in the bar—when my sister was ill, and the prisoner had to leave for a few minutes, the servant looked after the bar—I did not see much of my sister when she was at the Monument—I do not remember her being ill for three days while she was there—I heard of it—she did not speak to me about it—I was—on very good terms indeed with Maud, and she took me into her confidence—up to the time of her last illness she seemed happy and contented at times—she used to complain that the prisoner would not let her go out—she had to stay in the bar or up in the house—I do not know if he was jealous of her, or if he went out himself—he was generally working in the bar—Maud was very much distressed about not having a family—she told me she was very unhappy to have no family—I used to take my baby to the house when I went to see her, and she would sometimes on such occasions get very distressed and cry a good deal—she was very fond of children—she said how grieved she was that she had not a baby of her own—she said she had been married thirteen months, and she thought it was nearly time she had some little ones—I said, "I do not know anything about it, speak to George about it"—she said, "Oh, he don't want-any, but as soon as he has done business and made enough, he does not mind how many I have"—I thought she wanted matters hurried up a bit—she never said anything to me about taking anything herself—I never saw her take anything—I told the prisoner that Maud wanted some things in the hospital, I said she wanted some cream cracknells and Peter's milk chocolate—sometimes I found her better than at others while she was in the hospital—I think, she was there three weeks—I saw her shortly after she came out—she did not seem then at all well—she ought not to have been in the bar—she ought to have got up and laid on the couch like a convalescent—while I was staying with her from Saturday to Monday I said to the prisoner, "Don't you think it is funny Maud has turned—like this"—he said, "It is constipation"—I said, "That seems funny, as she had diarrhoea when she was with me just a short time ago"—she had been over to see me before she went to the hospital—she had diarrhoea then and complained of pain—when the prisoner said, "She should have taken the medicine I gave her "I thought he meant she should have taken it fox the constipation—Maud told me that the prisoner had given her some medicine and she would not take it—I do not know that she objected going to the hospital at first, but when they said she would have to go a second time, she objected—I did not hear her say she did not like being messed about by a doctor—she asked me not to let her go—when I went to the Crown on October 11th, she kept on having drinks, and if she only took a drop of water she was sick—I did not have any of the ginger beer—
when the prisoner brought up the champagne I sipped it, but I did not like it—I have had some champagne which I liked—the prisoner did not have any—he gave Maud two or three lots—I drank out of the same glass as she did—when he poured hers out I asked him what it was, he said. "Champagne"—I said, "Give me a drop"—he poured a drop out and I tasted it—I said, "I do not like that," and I pushed it away—I do not know if the glass was empty when he poured what he gave to me into it, because he was turned away from me—it had a funny taste, not like champagne generally has—when I said I did not like it, he threw it into the chamber—me and the servant had cooked the pork and vegetables for dinner, and Maud said she would like to have some—she seemed so much better I had a good mind to go home that night—she eat her dinner and seemed all the better for it—the ginger beer that she had I drew myself from the barrel in the bar—I did not see where the brandy was that was brought up by the prisoner—I saw a bottle with "Martell, Three Star" on it—I did not see any of the brandy that the prisoner brought up poured out—the brandy was never brought up by anybody else—I only took up some ginger beer—I do not know if my mother took any up when she came I left—the soda water was drawn from a syphon in the bar.
By the COURT. My sister told me that the prisoner was an American—I never had any idea that "Chapman "was not his real name, or that he was a Pole.
DAISY HARRIETT HELEN MARSH . I am a sister of Maud Marsh, and live with my parents at West Croydon—I am fifteen years old—I remember Maud going as a barmaid to the Monument—I went and—stayed with her there—the prisoner was living there—one Sunday they went out together between 10 and 11 a.m.—they returned just before 1 p.m.—Maud showed me a wedding ring on her left hand—the prisoner was present—Maud said she was married—she did not say anything as to where the marriage had taken place—I understood they had been married that morning—later that day my mother came to the house and dined there—I cannot fix the date—I stayed in the house for about two months after that—I only went to the Crown twice with my father.
Cross-examined. Maud said she had been married at the Roman Catholic Church in Bishopsgate Street—I had not seen a ring on her finger before that Sunday—the prisoner was very kind to me—he and Maud seemed very happy together—he seemed to be kind to her—I helped my sister in the house.
ALICE MAY MARSH . I live at 63, St. James's Road, Forest Hill, and am a daughter of Mr. and Mrs. Marsh—I went to the Crown last summer and saw my sister and the prisoner there—I took her to Guy's, and after she came out I got a post card from her and went again to the Crown—I saw the prisoner in the bar—I did not expect to see him—I said, "I thought you were ill in bed," he said, "It would not do for both of us to be in bed"—he did not look ill—I asked him where Maud was—he said, "In bed, dying fast"—I went upstairs and found Maud sitting
up in bed—she complained of constipation and great pain—she had some senna tea in her hand—I then went down and saw the prisoner and said to him. "I think Maud ought to have a doctor, or else go to the hospital"—he said she was not to go to the hospital but to a doctor, and that she was not to go to the hospital because he did not want the fellows to mess her about—I went up again to Maud—she got out of bed—she was very weak—it took her an hour to dress—when she was dressed we went out together, before we left the prisoner gave her 2s. 6d.—we went to a doctor round the corner, I do not know his name—he was not at home, so we went to Guy's—she was examined there, and had some medicine—I left her there and went back to the Crown—I told the prisoner where we had been—he appeared cross and said, "That is all she wanted to go for, for those fellows to mess her about"—I said, "The doctor was not at home"—he said, "She could have waited a little while"—in about an hour Maud returned, she told the prisoner where she had been, and that she had fainted at the hospital—I did not hear what he said to her then, as I went to the other end of the bar—I next saw Maud when she was in the hospital, and after that I saw her on October 20th—she was vomiting—the vomit was green, she complained of pains and had diarrhoea—she appeared to be thirsty, water was given to her—Toon and the prisoner were attending to her—the prisoner injected a beef tabloid—I saw him feeling her pulse—I left about 6 p.m.—that was the last time I saw her alive—on October 23rd I went to the Crown again—Maud's body had then been removed to the mortuary—I had tea with my mother and aunt and the prisoner—while we were having tea the prisoner said to me, "There is a chance for you as barmaid now, will you come"—I said, "No thanks, London does not suit me."
Cross-examined. I do not know where the meat tabloids were purchased—I do not know who got them—I did not hear my sister object to going to the hospital the second time—I do not know if I took it as a joke when the prisoner said there was a chance for me as barmaid.
By the JURY. The prisoner had asked me to go and live with him and my sister.
JESSIE TOON . I live at 23, Eltham Street, Borough, and am the wife of Frank Toon, who is a labourer—I used to go into the Crown—I knew the prisoner—on October 16th I went in there and he asked me if I could do a bit of nursing—I said, "It depends what it is, is it a miss or is it ii premature?"—I meant a miscarriage—he said, "No, nothing of the kind; she has been sick and the doctor has ordered her to have food injected"—I said, "I do not understand anything of that kind, you want an experienced nurse"—he said, "Can you recommend me anyone?"—I said, "Yes. I think I know an old lady who would be all right to do that" he said, "Will you go and see her?"—I said, "Yes, I will go now"—I went and saw the old lady—she said she could come at six o'clock—I went back and told the prisoner—at six o'clock I went and fetched the old lady and we went In the prisoner together—she vent upstairs with the prisoner, but soon returned and said he wanted someone to be there
altogether, which she could not do—the prisoner then asked me to go and see Maud—I went upstairs—she was in bed and crying—I asked her what she was crying for—she said she was ill, and if she could not get anyone to look after her she would have to go to the hospital, which she did not want to do—I said, "I do not understand it, Mrs. Chapman, but would you like me to look after you?"—she said, "Yes, please, Jessie, if you will"—I noticed that she had been sick—I stayed with her that evening—she drank a great quantity, and everything she drank she vomited within a few minutes—the vomit was green—she complained of thirst—she chose anything she wanted to drink and I would go to the foot of the stairs and ask the prisoner for it, and he would give it to me—at first I used to get water for her to drink from the tap, but the prisoner told me I was not to fetch any more, and he gave me what I wanted in a jug from the tap in the bar—he took the jug from me and filled it and Drought it back—everything I gave her was given to me by the prisoner—she had diarrhoea that night—it was green—she was taking no food through her mouth when I went there—the prisoner told me she was fed with a small syringe with an india-rubber thing with beef tea and egg and milk—he prepared the injections in the kitchen and administered them—he brought them up into the bedroom in a half pint tumbler—after he had given the injections he took the tumbler and the syringe and washed them himself—the injections did not stay with the deceased, they were back again quickly and she was in terrible pain—no one ever brought anything into the room for her use except the prisoner—I did not see where he got what he brought in or how it was mixed—Dr. Stoker sent some medicine to be kept by the side of the bed, but she never took any of it—it was in a little phial bottle—the prisoner took it into the kitchen with him and would bring it back when he came in with the injection—I saw two partly full bottles of medicine there—they remained there until after her death—there were labels on them—when the attacks of diarrhoea came on I had to help her out of bed—she appeared to be in suffering and to go into a fit—it was as much as I could manage to hold her, there was such dreadful pain—her limbs would go stiff and she complained frequently of thirst—on October 19th she said her throat was burning and that it seemed to be always burning—on October 20th the prisoner came in with this stethoscope in his hand (Produced)—he first pulled the deceased's eyes down and examined, and then he undid her nightdress and put the stethoscope to her heart and listened—I never saw him use the stethoscope on any other occasion—there was nobody else there with me—on October 22nd I went home about I a.m.—I was sent for about 7.45 a.m.—I saw the prisoner—I said, "What is the matter, is she worse?"—he said, "No, the old mother is bad now"—I said, "What is the matter with her?"—he said, "Sickness and diarrhoea"—I said, "What, two of them now"—he said, "You had better go upstairs, Jessie, and tell her to get to bed out of your way the old cat"—I then went up and saw the deceased—her arm about half-way up was port wine colour, and her face and round her mouth was black—shortly after I got there the prisoner brought half a tumbler of brandy into the room—I saw him put some water to it
and give it to the deceased to drink—he nearly filled the tumbler with water, which he got from a jug on the side of the safe—The deceased drink some of it, and shortly after the prisoner had gone out she asked for another drink—I picked up the brandy she had left—she said, "No, no, no I"—I said, "What will you have, then?"—she said, "Water," and I gave her a drink of water—I then said to Mrs. Marsh, "Perhaps it is too strong for her"—I tasted the brandy myself and it burned my throat—I went downstairs and took a cup from the dresser and cut a piece of bread and butter, and washed my mouth out, to take the nasty taste away—the day before I had had a conversation with the prisoner about something I had overheard Dr. Stoker say—he had told Mrs. Marsh that should anything happen he would go to the expense of having a post mortem examination himself—I told the prisoner what I had heard—he said, "That is her doings; he wants to have her cut about and show me up, the old cat. Be careful, Jessie, what you say to her, and take particular notice what she says to you, and in the course of conversation just ask her if there is anything wrong or any foul play"—he never asked me afterwards if she had said anything—the deceased was not sick on the Wednesday morning—everything passed through her, and I had to use a number of towels—I put them with the dirty clothes in the lumber room—the day after the deceased died I went into the Crown to see the body, but the prisoner would not tell me if it was removed or not—Mrs. Marsh told me it had been removed—the' same day the prisoner said to me, "What colour was the motion you took from her?"—I said, "What do you mean?"—he said, "Was it black?"—I said, "No, green, just the same as she vomited"—he did not say anything to that—on Friday I went to the Crown again—I saw the prisoner and he asked me how much he was in my debt—I asked was he satisfied with what I done for her—he said, "Yes, perfectly, Jessie, you done all you could for-her"—I said, "15s. won't hurt you," and he gave me £I—he asked me if I could do some washing—I said, "Yes"—he said, "When can you come in?"—I said, "Any time that it suits you"—he said, "On Tuesday"—I said, "You ought to have had those things washed out before, Mr. Chapman, they will be getting nasty"—he said, "I have destroyed them"—he said he would not give "me any rum to drink—I said, "What for?"—he said, "Because you talk, Jessie, when you have rum"—I said, "People ask me about Mrs. Chapman"—he said, "Well, I don't want you to have anything to say"—I said, "Very well, if it is your wish I won't say anything; if they ask me no questions I won't tell them no lies"—he said, "That is right, Jessie, I don't want you to say anything of what occurred upstairs."
Cross-examined. I had been employed by the deceased about a fortnight before to clean the billiard room for her—it was her wish I should nurse her—I was not sleeping in the house—on Friday I stayed all night—the other nights I left about I a.m.—I went there again the first thing in the morning—I had free access to the deceased's room—I was always there when food was given to her, and when the injections took place—the first day I had my meals by her bedside, but being so sick she could
not bear the smell of my food, and I wont and had it with the servant in the kitchen—I was never told not to go into the bar—when the prisoner was not there he was in the deceased's room—the servant did the cooking and served in the bar as well—I was there five days altogether—I once tried to get the deceased to take the medicine, but she said she could not—Dr. Stoker came every day—I told him she would not take the medicine—that is why he had it put into the injections—he did not tell me to tell him everything that happened, but if anything was the matter I told him—I did not tell him that she refused to take the brandy because it burnt her mouth, because she was dead when he came again—I burnt my mouth with it about a couple of hours before she died—I saw the doctor after her death—I did not then tell him anything about it burning her mouth or mine—I did not tell the prisoner about it—I told Mr. Marsh—I did not tell the prisoner because I did not think it important—I first mentioned it when I saw Godley—I did not tell him of it the first time that I saw him—I made a statement to him, which he took down in writing—I do not know if in that statement I said anything about the brandy burning my mouth—I told him about the deceased's throat being burnt—he took two or three statements from me—I went into the witness-box at the Police court on two occasions—a week had elapsed between each—I did not see Godley in between, or make a statement to anybody—as far as I could see, the prisoner and the deceased appeared to be on very good terms—he appeared to be fond of her, and she fond of him—he got everything she asked for—he constantly came to her while she was ill, and seemed anxious about her.
LOUISA BEATRICE COLE . I used to live at 6, Bodysbridge Street, Blackfriars, and I was servant at the Crown—I was engaged by the deceased in July—I did the cooking—I remember the deceased being ill and going to Guy's, and coming back again—one Tuesday in October, before her last illness, I remember having cold meat and potatoes for dinner—the prisoner and I had cold meat and potatoes, but the potatoes alone were put aside for the deceased, who used to take her dinner by herself in the middle of the day—in the afternoon she called me—I found she had been sick—she went to bed, and stayed there the rest of that day—she got up next day, but towards the end of the week she took to her bed again—I remember Mrs. Morris coming—I did the cooking whilst the deceased was ill and prepared anything that was wanted—I remember Toon coming—I did not do anything for the deceased after that or go into the deceased's bedroom—I remember some medicine bottles coming from Dr. Stoker's—the prisoner came into the kitchen occasionally, and once I saw him pour the injection from one glass into another—that was on October 19th in the evening—the injection was already mixed—I did not see it prepared—I then went into the front room, and when I came back the prisoner had gone upstairs with it—I did not see a glass from which it had bee" poured left in the kitchen—a syringe was kept in a glass of cold water on the kitchen window-sill.
Cross-examined. The prisoner poured the injection from one glass to another perfectly openly, and anybody could see the syringe—I did not
prepare any beef-tea for the deceased, or see the prisoner do so—he put some beef-tea on the fire to cook, but I was not there at the time—I sometimes attended to the bar, which is close to the kitchen—I know he made beef-tea, because when he went upstairs I went down, and then he took it up to the deceased—the deceased's sister frequently came to the Crown, and had every opportunity of seeing her—while I was there the prisoner and the deceased got on well, as far as I can tell—he appeared to be fond of her, and she to be attached to him—he always treated her kindly, and as far as he could, gave her everything she wanted.
Re-examined. The beef-tea was prepared by the prisoner alone—I went into the bar after he had prepared it and he took it upstairs.
By the COURT. When I saw him pouring something from one glass to another I thought he was cooling it—it was not something taken from the medicine bottle—I do not know how to make beef-tea.
JAMES HENRY TARGETT . F.R.C.S. I am assistant obstetric surgeon at Guy's Hospital—I remember a woman named Maud Chapman being admitted to a ward at Guy's on July 28th—I do not know the address she gave—she remained an in-patient till August 20th—I attended her—she complained of great pain in the lower part of the abdomen—it came on in attacks of great severity—at times she had. Considerable fever—her, pulse was more rapid than it should have been, she had occasional sickness, her abdomen was extremely tender to the touch, and so much so that I could not make a complete examination—she began to improve about August 10th; during the first fortnight her temperature went up to about 102—on August 10th her temperature began to fall, her pulse also improved, and there was a general improvement until she left—I thought she had peritonitis, but we never discovered any cause for it—we did not discover the cause partly because she was so tender and there may not have been any cause—we could never form any clear idea what she was suffering from—her temperature was normal when she went out—when she came in she was very ill.
Cross-examined. I do not know if she was anxious to leave—I had no conversation with her—the tenderness was rather more marked on the right side of the abdomen than on the left—I am not prepared to say whether great pain always increases the temperature—when she came in she was constipated, that "was relieved by the next day—when the pain began to abate we made an examination, but we could not come to any clear conclusion as to what had been the matter with her—I heard the history of her illness before she came to us from the student in the ward—he would get from her an account of her illness.
By the COURT. I have had no experience of antimonial poisoning, but I should think that ten days would be a reasonable time for a person to recover from that poison, if during that time no more was administered.
FLORENCE RAYNER . Last June I became acquainted with Maud Marsh, who I knew as Mrs. Chapman—I was afterwards retained to go as barmaid at the Crown—when I went there in June the deceased was apparently in good health—after I had been there about a fortnight the prisoner kissed me and asked me to be his sweetheart and to go to America
with him—I used to take my meals with him alone, and when he asked me to go to America with him I said. "You have got your wife downstairs you don't want me"—he said, "If I gave her that she would be no more Mrs. Chapman,"' and he snapped his fingers—he said he would first send me to America then sell the business and come on after me—during the second or third week after I went there the deceased had diarrhoea and sickness—I left before she went to the hospital—she was all right when I went away—I left because the prisoner came upstairs into my bedroom in the afternoon—he did not kiss me more than once or say anything more about selling the business—I went to the Foresters at Twickenham—the prisoner came there once—I asked him how the deceased was—he said she was in the hospital suffering from constipation—he then said, "If you had not been such a fool you would have been at the Crown now."
Cross-examined. I was employed by the prisoner as barmaid and servant—I did not take much notice when he asked me to go to America with him—my dignity was hurt at the idea of a married man asking me to do such a thing—he had kissed me constantly when we were at meals together—he did not kiss me in front of his wife—his kissing me was a matter of daily occurrence—I did not object, I could not help myself—I did not tell his wife, because I did not like to—I do not know if I wanted him to go on kissing me—I did not want to leave because I had gone there against my parents' wish—I stayed on three or four weeks and then the deceased told me that the prisoner said he must have someone stronger—I had fainted on the Saturday night from the stuff the prisoner had given me—it was not on account of drink that I was discharged—the prisoner told my brother he had discharged me on account of drink, but it was not true—I will swear that I said at the Police Court that I left because the prisoner had attempted to come into my bedroom—I may have said it before the coroner, I know I said it somewhere—after I had left I went to the prisoner for a reference—he told me to go away because I was the worse for drink, and not to come again until I was sober—I was not drunk—I was locked up next morning for being drunk, but I was not drunk then—the Police said I was—I was brought before the magistrate and he fined me 2s. 6d.—he and the Police were all wrong on that occasion—I did not think that the prisoner was in earnest when he asked me to go to America, I thought it was a joke—during the time that he was asking me to go he and his wife were on good terms—I never saw them quarrel—he was always kind to her—she always behaved well to him—there were only signs of her being ill on one day—she was all right the next day.
By the COURT. When I went to the prisoner to get a reference, he took me by the throat and threw me out.
ANNIE CHAPMAN . I live at 9, Hartington Road, Tottenham—I first became acquainted with the prisoner towards the end of 1893 under the name of Klosowski—he was employed as an assistant at Mr. Haddin's hairdresser's shop in West Green Road—I went in there one day, I saw the prisoner there, and made his acquaintance—after that I went out with him for a little while—I think he said he was single or a widower—he was having at Haddin's and he proposed I should go as his housekeeper,
and after a time I did so—I lived with him as his wife—we passed as Mr. and Mrs. Klosowski—I went to live with him in November, 1893—I left him is November or December, 1894—at the time I first met him my name was Annie Chapman—in January or February, 1895. I went to consult a Mr. Bray a solicitor's clerk.
Cross-examined. I saw the prisoner in February or March, 1895—he came to Albert Road, Tottenham, where I was living, on a bicycle one day—I do not remember the number—I have had no letter or communication from him since February, 1895—my sister read this case to me in the newspaper and I went to the Police court—I did not give evidence there—I am living with some friends at present—I identified the prisoner in a passage at the Court from about ten other men—there was nobody else there like him—I went there expecting to see a man like him—he was very much the same as he was when he left me eight years ago.
Re-examined. I lived with him for a year—there is no doubt the prisoner is the man—after I left him I heard he had gone to Whitechapel—he also had a shop opposite Bruce Grove Railway Station—I went there one evening in January or February. 1895—I asked him to help me in my trouble, and if he would give me a reference to get a situation—I was going to have a baby—I told him that: he did not take much notice—he did not give me anything—I recognise that woman—he brought her to the shop where I was living with him—he said she was his wife—we all three lived in the house for some weeks after that and then I left—that was the reason—the prisoner is the father of my child—I am English—the prisoner never used my name while I was with him.
By the COURT. The Police came to me and I told them my story—I did not know for certain that the father of my child was the prisoner until I saw him at the Court—I was told to see if there was anyone there I knew—I picked the prisoner out directly.
FRANCIS GASPARD GRAPEL . M.R.C.S. I practice at 303, London Road, West Croydon, and have been the medical attendant to the Marsh family for some time—on Tuesday, October 21st, Mr. Marsh called on me, and in consequence of what he said I went about 3 or 4 p.m. to the Crown—I saw the prisoner and told him that I was a medical man from Croydon, and had come to see Dr. Stoker in consultation about his wife—he gave me the idea that he had never heard about it, so I asked him if it was the Crown, as I thought I had come to the wrong place—he said there was a doctor already in attendance, and something about fifty others—I could not distinguish exactly what he did say—I asked to see Mrs. Marsh—I sat in the bar and then saw Dr. Stoker, and together we examined the deceased—her skin was sallow, jaundiced, and muddy in appearance, her tongue coated, her pulse fairly quick, her breathing shallow—she was in a semicomatose condition—I examined her stomach—it was extremely tender to the touch—when I touched it she groaned and retched—I had a consultation with Dr. Stoker downstairs and then saw Mrs. Marsh—before leaving the house I asked for and was shown some of the vomit—it was green—Dr. Stoker and I were of the opinion that she was suffering from some acute irritant poison, probably ptomaine—later on the suspicion
crossed my mind that it was not ptomaine poisoning, but repeated doses of arsenic—I formed that opinion before there was a post mortem—after I heard of her death I sent a telegram to Dr. Stoker.
Cross-examined. It crossed my mind that it was arsenical poisoning, on my way home—I did not go back and tell Dr. Stoker or send him any communication until after she was dead—bringing in a diagnosis of repeated doses of arsenic is tantamount to accusing someone of murder, and I had no proof whatsoever—I did not believe she was likely to die then—I was going to communicate to Dr. Stoker next day—the first person I saw at the Crown was the prisoner—I had a desultory conversation with him—he sent for Mrs. Marsh before I saw Dr. Stoker—he also sent for the doctor—the prisoner did not put the slightest obstacle in my way of seeing the deceased—it did not strike me that he seemed anxious—I did not question him about the symptoms—he said she had been suffering from constipation—he did not tell me how she had been treated—I did not say more to him than I could help—on the Wednesday morning I told Mr. Marsh that I was going up to London as early as I could on that day to see Dr. Stoker, with the idea of having the excreta saved and examined—I did not examine Mrs. Marsh—I heard of the rabbit—I think it was Mrs. Marsh who told me that her daughter had been poisoned by a rabbit and also the servant—I afterwards told the father that you did not get arsenic in a rabbit—it did not occur to me to investigate the story of the rabbit—I did not feel justified in at once telling the father what my suspicions were—even a doctor must have time to think about a case before he renders himself liable to anything legal—I did not go to London on the Wednesday because I heard of the deceased's death—I did not take part in the post mortem.
JAMES MAURICE STOKER , L.R.C.S. I practice at 221, New Kent Road—on October 10th. about 5 p.m., the prisoner called at my surgery, which is about half a mile from where he lives—he said he wanted a bottle of medicine for diarrhoea and vomiting—he led me to believe it was for his wife—he said she had been at Guy's, suffering from the same thing—he said she was not his wife, but she passed as such—I gave him a bottle of medicine, it was catachew, chalk, bismuth, and opium—the same evening about 10.30 I went to the Crown, I found the deceased in bed on the second floor—the prisoner went into the room with me—the deceased said she was suffering from diarrhoea and vomiting, and great pain in the stomach—I examined her stomach—there was great pain and tenderness all over the abdomen—I told her to continue taking the medicine I had sent, and said she was to have no solid food, but to go on a milk diet—I ordered her soda water and milk, boiled milk, brandy, beaf-tea and ice—I ordered the ice to stop the sickness—she did not complain of any great thirst then—I went to see her the next day—the prisoner again went into the room with me—she was no better—the prisoner then said that she had been treated at Guy's, but they did not quite understand what was the matter with her there—the deceased told me that they had said she had peritonitis—the symptoms she complained of would be consistent with peritonitis—I saw her again next day.
Sunday—she was very much better—I changed the medicine and gave her bismuth, morphia, and ipecacuanha, that was for the soothing of the stomach—I saw her again on the 13th, she was then as bad as ever—she had diarrhoea and vomiting, I saw them both, they were mixed together—it was an ordinary yellow brown mixture—I saw her again on the 14th, she was no better—about the fifth day I noticed she had spasms—they came on with great pain in the stomach, she got rigidity of the muscles of the leg, they passed off in about half a minute—they did not synchronize with the sickness—they came on independently—on one occasion she had two in about five minutes—I could not then form an opinion as to what caused them—I saw her again on the 15th, she was no better—I asked the prisoner if she was having the milk diet, and he lead me to believe she was having all I ordered—there was no one else to ask—I was not there when anything was administered—she was very much worse on the 15th, and on that day I stopped all food through the mouth except the bismuth powders—she could not even keep the medicine down—I ordered her to be fed by injections through the rectum—she was to have egg, milk and beef tea as a mixture—I could not then form any opinion as to what she was suffering from—I thought the symptoms might be those of gastro-enteritis, which is inflammation of the stomach and the bowels—at that time I had not the slightest suspicion of any foul play—I suggested to the prisoner that she should be taken to the hospital, but the deceased objected and began to cry—I then suggested a nurse, but the next day, finding there was still not one there, I spoke to the prisoner about it—he said he had tried to get one and that she would come in the following day—on this day I found that the deceased could not retain the bismuth powders—they were to allay the irritation of the mucous membranes of the stomach—I stopped them and advised her to be fed entirely with the injection—I got beef tea suppositories and told the prisoner to give her everything iced—I do not know whether up to that time she had had any injections—on Friday I saw the nurse, Toon, for the first time—I gave her directions about the food and injections—I did not know if she knew anything about giving injections—the prisoner was there when I gave Toon the instructions—I thought Toon—was carrying out my directions—I called again on Saturday, the 18th—I found the deceased very bad, vomiting and diarrhoea—I saw the vomit, it was slimy and green, the green would be due to the irritation of the stomach and gut—I do not think I visited her on the Sunday, I know I missed one day, I think it was the Sunday—the next time that I saw her after the Saturday I found her much weaker and with the same symptoms—I asked the nurse about the injections—she told me she did not even retain these—I told her she ought to reduce them to half the quantity to try if she could retain any liquid—the prisoner was there when I said that—I had no idea that it was the prisoner who was giving the injections—I remember seeing Mrs. Marsh on Tuesday, the 21st—I had some conversation with her, and later that same day I was sent for to meet Dr. Grapel—the prisoner was not present—the deceased was very weak and semi-unconscious—I had some conversation with
Mrs. Marsh on the landing about the death certificate, on the Monday—I called on the Wednesday about 3 p.m. arid then heard that the deceased had died at 12.30—a message had been sent to me, but I did not receive it as I was out visiting—when I went there the Crown was open for business—there was nothing to indicate' there had been a death there—when I saw her on the Tuesday I had no reason to anticipate that she would die so soon—on the Monday she was about as bad as she could be, and I could not say if she would get well—on the Wednesday I went into the bedroom—the prisoner and Mrs. Marsh were there; he was wiping his eyes—I asked when the deceased had died—I was told—I then went out on the landing and had a conversation with the prisoner—I said I should like a "p.m." as I could not account for the cause of her dying—he said, "hat use is it?"—I did not say anything about the certificate then—I went back into the room with him—Mrs. Marsh was there—I told her that I wanted a "p.m." as I could not account for the cause of death—she said, "I must leave it to her husband"—I said, that I did not know what was the cause of death, and I might be asked what had caused her death—the prisoner said that she had died from exhaustion—I asked what caused the exhaustion—he said, "Diarrhoea and vomiting"—I asked what caused the diarrhoea and vomiting, and he made no answer—I said I could not give a certificate for her—I would have to have a "p.m." or an inquest—I told the prisoner I only wanted a private post-mortem, just to satisfy myself as to what caused the diarrhoea and vomiting—I then said I should have to make arrangements for the removal of the body to the mortuary, and I went to the proper authorities and the mortuary keeper—the body was removed early the following morning—I communicated with Dr. Cotter, who lives in Caledonian Road—next day I got a telegram from Dr. Grapel before I made an examination of the body—on October 23rd I made a post-mortem examination with Dr. Cotter—I examined the liver, the kidneys, the lungs, and the ovaries—they were healthy—I examined the intestines and the stomach externally—I could not arrive at any opinion as to the cause of death—T did not see anything to account for the symptoms causing the death—I had taken two glass bottles with me when I went to make the examination—I had taken pains to see that they were chemically clean—I removed the stomach and its contents from the body without opening it—I tied it up and put it straight into one of the bottles—I also removed portions of the rectum and the liver, and put them into the other bottle—the deceased was not pregnant—there was' no traces of pregnancy or any affection of the womb—I took the bottles away myself and sealed them up, and next day took them to Dr. Bodmer, of the Clinical Research Association—I got a communication from him in the evening, and then I had a consultation with Dr. Cotter, and as a result, in the early morning of Saturday, the 25th, I communicated with the Police—I also inquired for the Coroner's private address and immediately sent a communication to him—that Saturday was the Royal Procession through South London and the Coroner's office was shut—I could not got his private address at the Police station, and although I sent a letter to his ordinary address
I knew he could not get it until Monday morning—I took the letter up to the City myself about I a.m. to post it as it was after posting time at Croydon—the inquest was not held until the Tuesday—I think the Coroner's officer came to me on the Monday—after the prisoner was arrested I saw these bottles of medicine (Produced) which I had sent to the deceased—I make up my own medicines—I made these up—this small one had opium and water in it, that is a sedative, that was for injection to relieve the pain in the rectum—I cannot fix the date that I ordered that—this other bottle I should say had bi-carbonate of soda and prussic acid in it—I did not put any antimony or tartar emetic into any of them—I do not keep any antimony in my surgery—I had none at this time—I have had none for ten years—I do not know if antimony now is an accepted medicine—I do not know much about it—I never use it—I kept a preparation, of arsenic—I did not put any arsenic in the medicine—I think these are some of the bismuth powders I prescribed (Produced)—I had some of it remaining in my surgery after the death of the deceased—I handed it to Inspector Godley with a view to it being analysed—I was—present at the post mortem made by Dr. Stevenson.
Cross-examined. I have been in practice ten years in London, and have had a good many cases of ptomaine poisoning, but not of arsenical or antimonial poisoning—I have never had a ease where poison had been deliberately administered—this is my first experience of a case of this kind, and I hope it will be the last—I know that tartar emetic is in the Pharmacopoeia as a medicine, I have never had occasion to employ it—I-have never had any practical experience of the tartarisation of antimony—I do not think I should recognise it if I came across it in a post mortem—if antimony was present in the deceased's stomach when I took it out and placed it in the glass jar I should not recognise it—I do not put myself forward as having any special knowledge on that subject—I should not have analysed the deceased's vomit myself—I should not have tried to trace the presence of antimony—the prisoner did not in any way object to my making an examination of the vomit or the excreta—I could have taken it away for examination, the vomit was only unusual because it was green, but not more so than you would see if the patient was suffering from a bilious attack—I have constantly seen vomit as green as that—I did not see any blood in—it, it may have been there when I did not see the vomit—I only saw it on two occasions—I only saw the foecal matter once—I saw no blood then—I prescribed altogether six five-grain bismuth powders—I am not aware that bismuth gives rise when tasted to the same burning sensation in the throat, as is alleged with regard to antimony—I do not know if it gives rise to a metallic taste—I have often taken bismuth but never tasted it—I have taken a piece on my finger—I have never had a case of poisoning from bismuth—I know there are such cases, but you would want an enormous quantity—you can get diarrhoea and vomiting from an overdose of bismuth—you might get spasms in the arms and legs—I do not know if you would get inflammation of the throat, windpipe and gullet—I prescribed the
ipecacuanha in three minimum doses I should say about 60 minims would give rise to a sense of sickness—I have never known 10 or 12 minims doing so—the ordinary dose goes up to 10—some people are more sensitive than others—I did not keep any record of the medicine I prescribed—I never do so except with a patient coming into the surgery—I do not enter in a book die medicines I send out—I put down the visits I make—it is not unusual to have no record—I am almost certain that my memory is accurate as to what I gave the deceased—the beef enules came from Burroughs and Welcome—I did not say anything to the deceased with regard to the injection of the enules, there was never any conversation as to who was to inject them—the patient generally gets the nurse, the prisoner had no objection to having one—I did not know what Toon's experience was—I did not think it necessary to satisfy myself that she could carry out my instructions—I thought the prisoner would get a good nurse because he knew what had to be done—I should not as a rule witness the injection—the prisoner asked me to call and see the deceased—I did not suggest to him during the last twelve days that he should call in another doctor—I did not know Dr. Grapel—the prisoner was not present at our consultations—I think I was nearer the prisoner when he left the Crown than when he left the Monument—I think that I first met him in January, 1901, in connection—with Bessie Taylor, who at that time was living with him as Mrs. Chapman—I was in consultation with three or four other medical men in connection with that matter with the prisoner's consent and approval—he paid the fees—I was always under the impression that any suggestion of mine with regard to food was carried out—he appeared to be kind and solicitous to his wife—she appeared to be fond of him—I had never the slightest idea of anything being wrong—the vomiting and diarrhoea was consistent with my experience of gastro-enteritis—I should have been perfectly ready to give a certificate to that effect.
Re-examined. I did not think of submitting the vomit to chemical analysis because suspicion was entirely eliminated from my mind—I had no idea of any irritant poison, it would not be possible for me to recognise antimony when examining a body—it would have to he submitted to a chemical anaylsis or to somebody with more experience than I have—I have never seen a case of poisoning by bismuth; I have read of one—there has not been a case in recent years—the number of grains in a case I read of was very great, at that time bismuth had arsenic in it—the bismuth in my surgery was found perfectly pure—a five-grain dose of bismuth is a medium one—I was prescribing it with a view to allay the vomiting—it is a well known remedy for doing that—I have never heard of these small doses causing vomiting or irritation—it always has the opposite tendency—I use about half a pound in a fortnight—I did not know whether my instructions as to diet were carried out or not.
By the COURT. I know Bessie Taylor died at the Monument—her sympsoms were something similar to those of Maud Marsh—even that did not make me think at first that I ought to have further inquiry.
By the JURY. When I asked the prisoner to keep the vomit my suspicions were not aroused, but I wanted to see the colour of it—I should not have given a certificate of death had not Dr. Grapel been called in, she could not be buried without one.
By the COURT. I knew that the prisoner and Maud Marsh were not married—I knew he had no authority to prevent her father and mother having a post mortem—the mother did not know they were not married, and I did not like to tell her so.
RICHARD BODMER . I am a Fellow of the Institute of Chemists and public Analyst for the Borough of Bermondsey—I am consulting chemist to the Clinical Research Association, I, Southwark Street—I received two sealed jars from Dr. Stoker, one of them contained a human stomach and a small piece of human liver—the other contained a lower part of the bowel and some pieces of liver—I had a conversation with Dr. Stoker, and in consequence I applied some tests in order to discover whether there was any arsenic present—the stomach was tied at both ends, and on opening it I found its contents were from about 1 1/2 to 1 3/4 ounces of a yellow gruel like fluid—I applied Reinsch's test to a small portion of it, that is a well known test for arsenic—I discovered arsenic was present—some slips of copper are used in the test, they became a purple colour, indicating the probable presence of antimony in addition to arsenic—I communicated what I found to Dr. Stoker—on Monday, October 27th. Inspector Godley saw me and in consequence I subjected another portion of the contents of the stomach to Marsh's test, which is also a test for arsenic and antimony—I discovered both present by that test, and also found that there was far more antimony present than arsenic—I did not open the second jar—I replaced the stomach in the first one, and a part of it which I had used in my tests I placed in a perfectly clean glass-stoppered bottle, and on October 28th I handed all three jars to the Coroner's officer.
Cross-examined. The violet deposit suggested antimony to me—it is not always a conclusive proof of its existence—other substances will hardly produce the same colour, but something which might be taken for it—I have not read a report of Pritchard's case in 1865—I cannot at present remember any other substance which would produce the same violet colour—sometimes arsenic will come out and almost look like antimony—I do not only rely on the colour of the copper—I subjected the copper to a cleansing process before I used it.
FRANK LOVELL GILBERT . I live at 9, King's Place, Borough High Street—in October I was mortuary keeper at Collier's Rents, South wark—on October 22nd, just before midnight, I saw Dr. Stoker, and in consequence of what he said, I went to the Crown—I saw the prisoner and asked him if he was Chapman—he said, "Yes"—I told him I had been sent by Dr. Stoker to remove the body to the mortuary—he said that he required it moved that night—I said that it was rather late, and having paid a visit to the undertaker, the removal was arranged for 5 a.m. next day—the prisoner went to the mortuary with me then—we got there about 4.55-after we had taken the body from the
shell. I asked him who she was, he said, "Maud Marsh, my wife"—I asked him her age—he said "Twenty"—a, post mortem was held that evening, Dr. Cotter, Dr. Stoker, and Dr. French being present—parts of the body were placed in two jars, which were sealed up in my presence, and taken away by Dr. Stoker—I afterwards put the body back in the shell—on October 25th I again saw the prisoner at the Crown—he asked me if the funeral could start from the mortuary at 9 a.m. on the Monday—he said he had a business in the High Street, and he did not want no fuss outside the Crown—I told him he had better see the undertaker, and arrange with him.
Cross-examined. I knew he kept a public-house—the prisoner did not put any obstacle in my way to prevent me taking the body away.
JOSEPH HENRY VAUGHAN MARKS . I live at 31, Gaywood Street, and am Coroner's Officer for Southwark—on October 25th I got some information and went to the Police station, and an inquest was opened on the body of Maud Marsh on the 28th—that evening by the Coroner's order I went to Mr. Bodmer and received from him three jars—I took them to my house and kept them there till October 30th, when I gave them in the same state to Dr. Stevenson.
THOMAS STEVENSON , M.D. I am one of the official analysts to the Home Office, and also Lecturer on Forensic Medicine at Guy's Hospital—I have had experience, in analysis, particularly with reference to poisons, and have acted for the Home Office for thirty-one years—on October 30th I attended St. George's Mortuary to make a post mortem examination on the body of Maud Marsh—Dr. Freyberger, Dr. Stoker, and Dr. Cotter were there—there had been a previous post mortem—the body had been dead fully eight days, but there was not much decomposition, much less than I should expect in a body so long dead, considering the time and season—the scalp covering the skull was dry; that indicated that there was little fluid in the tissues—the skull and brain were normal—there was no hemorrhage or disease in the brain—the spinal cord was normal and no sign of disease there—the tongue was yellow, coated, and swollen—the air passages to the lungs were quite clear, and the lungs free from disease—there was a good deal of fat about the heart, but that would not have affected her health much, unless it had gone much further—it had invaded the muscles to the extent of about one-third—the mesenteric glands were much swollen—the stomach had been taken away, but it was given to me by the coroner's officer before the end of the post mortem—the blood vessels of the bowels were unusually red and injected with blood, but not to iv very marked extent—the mucous membrane of the bowels was swollen and slimy, and was in the condition which we generally know as sub-acute enteritis, which is inflammation of the membrane lining the bowels—there was a good deal of liquid in the bowels, but only a little semi-solid faecal matter, which was about the sigmoid flexure of the colon—one of the glands showed that she had probably been a person subjected to habitual constipation—the whole of the rectum had been removed—I found no ulceration of the bowels—I examined the pancreas, the spleen, and the kidneys they were all sound and healthy—the liver had been
detached, but it was in the abdomen—a small portion had been removed—it was rather dry and greasy, but there was no condition which would affect her health ma terially—I examined the womb and ovaries—they were perfectly normal—she had never apparently borne a child, nor was there any signs that she had been far advanced in pregnancy—menstruation was just upon ceasing—I found no evidence of any natural disease which would account for her death—I suspected that she had died from some form of irritant poison, which had set up enteritis—I had heard of the question of arsenical poisoning, but I came to the conclusion on making the examination that it was not arsenic but some other metallic poison—I then removed the brain, some blood from the cavity of the chest, the spleen, the gall bladder, which was full of bile, the liver, the kidneys, the contents of the bowels, the bowels themselves, and also some blood from the abdominal cavity—they were all rather light in weight—the drain on the fluid caused by the vomiting would account for that in a great measure—on the 31st I examined the stomach from the jar—there were signs of putrefaction externally and internally it was pink and injected with blood—the blood vessels were prominent and redder than usual—internally it was coated with a good deal of yellow slimy mucus, which became an orange colour at the bowel end—I did not find any ulcers or loss of substance—I examined the contents in the stomach and portion of the liver and rectum in the jars—I made an analysis of various parts of the body—every portion of the body which I examined had antimony in it—I found antimony in the stomach and its contents, in the bowels, and their contents, in the liver, bile, spleen, kidneys, the fluid which I took from the abdominal cavity, in the blood from the cavity of the chest, and in the brain—I made tests for arsenical poison—I found traces of arsenic in a small quantity, and I formed the opinion that death had not resulted from it—arsenic is sometimes found in antimony when it is impure—I came to the conclusion that death was caused by poisoning with antimony in a soluble form—that was tartar emetic or metallic antimony—that is one of the scheduled poisons—I did not find any bismuth there, but the tests for bismuth are not so complete—if there was any it must have been infinitesimal—I have never heard in late years of a case where bismuth has caused such symptoms as these, or caused death—bismuth is now purified from arsenic and other impurities—five grains is an ordinary dose—in the cases I have heard of where death was caused by bismuth I think that 120 grains must have been taken—I found no trace of impure bismuth in this case—I found 0.23 grains of metallic antimony in the contents of the stomach, 5.99 grains in the contents of the bowels—that indicated to me that there must have been a large dose of antimony given within a few hours of death, as it is soluble in water—it had not been got rid of by purging or vomiting—in the liver I found 0.71 grains of metallic antimony, in the kidneys 0.14 grain, in the brain 0.17 grain, in all 7.24 grains, which is 7 1/4, the bulk of which was in the bowel—I deduct from that that there was a good deal more antimony in the body—antimony can be made soluble in the form of tartar emetic or emetic tartar, which is a white powder, soluable in water—it does not change the appearance of
the water emetic tartar is not altogether antimony—724 grains of metallic antimony would represent 2012 grains of tartar emetic—the proportion is roughly 3 to I—I did not calculate the amount of tartar emetic in the whole body, but from my experience I should put it at between 25 and 30 grains—when tartar emetic or antimony is administered as a rule the greater part of it is very quickly ejected—purging relieves it—the effect of the poison itself generally takes a very considerable time before it causes death—death has occurred in many cases where it is given in repeated moderate doses—vomiting and purging makes people waste away—it produces gastro-enteritis and they also appear to die from failure of the heart—antimony depresses the circulation—it quickens the pulse, but gives it a very feeble power—two grains of tartar emetic has killed, but that is not ordinary—I should put the ordinary fatal dose at probably 15 grains—others put it at 10—even that might not be fatal if the greater portion of it is vomited—people have taken cream of tartar in much larger quantities and have recovered where it has been quickly vomited—I am of opinion if two or three grains were given repeatedly to a healthy person that it would eventually cause death—when doses of antimony are given from time to time the symptoms are great depression, profuse perspiration, followed by nausea and vomiting—purging is set up with pain in the abdomen, and usually after a time there is a burning or metallic sensation in the throat and stomach—there is a great thirst—spasms are quite common, and patients fall sometimes into a comatose or semicomatose state—they are generally very pallid, and sometimes they get quite jaundiced, and dark under the eyes, and thin and worn—it is sometimes the appearance, apart from other symptoms, which, indicates that the patient is approaching death—in the case of Mr. Braywood it was his appearance which excited the suspicion that he would die—Sir William (full and others who saw him, although he was apparently going on well, thought afterwards he could not get on so well—that was a case of poisoning by tartar emetic—if tartar emetic is taken in a strong solution it has a somewhat metallic but sweetish taste, but when taken diluted it does not have much taste—it can be covered up by food or medicine—people take antimony wine, which is sherry with antimony in it, and yet not know that anything is wrong—if doses had been going on for some time so as to set up irritation of the mucous membrane, that would set up the burning feeling in the throat—antimony can be dissolved and given by injections, or put into injections—that would be very dangerous; it would be quickly absorbed into the rectum and then into the body—the vomit in a case of poison by antimonial would be at first the contents of the stomach and then it would become green or yellow—I got a great number of bottles from Sergeant Kemp—I examined them—there was antimony or arsenic in one of them—some of them had contained photographic chemicals—I examined the bismuth powders found in the room, proved to have come from Dr. Stoker—they were free from antimony and arsenic—I also examined the bismuth from Dr. Stoker's surgery—it was pure and a very good specimen—these two bottles which contained medicine had no trace of antimony or arsenic—this other one had two or three drops at the
bottom of it—I do not know ii it kid been washed out—I found bismuth and antimony in it—I should say there was quite as much antimony as bismuth in it—there was enough antimony to give several full doses—emetic tartar can be dissolved in water so as not to be apparent, and then could be mixed with a bismuth preparation—tartar emetic is also soluble in brandy—brandy of ordinary strength will take up about two grains to the ounce—a tablespoonful of such medicine would be a full emetic dose—it is much more soluble in brandy and water than in plain brandy—these two bottles contain brandy and water, two parts water to one part brandy—there is tartar emetic in one of them—this one, which contains about an ounce, is probably a fatal dose—I could find nothing to account for death except poison by antimony—antimony might be given to produce perspiration and for bad colds, but only from one-twenty-fourth to one twenty-sixth of a grain to a dose—half a grain to a grain would be an emetic—death would not ensue from one dose of that strength or cause great pain—if vomited, it would not produce diarrhoea—all the signs I found at the post mortem would not be caused by such doses as that.
By the COURT. When I said I could find nothing to account for death, except poisoning by antimony, I meant antimony administered for the purpose of poisoning.
Cross-examined. There was not enough antimony left in this bottle for a fatal dose—if the bottle had been full of the same preparation of bismuth, antimony, and water, I think there would have been sufficient for a fatal dose, but I am not positive—it contained six doses—each dose of itself would not be a fatal one, but I cannot say what would be the effect of six successive doses—I should expect a person to be very ill after taking them—I examined the syringes—one of them is covered with an insoluble preparation of antimony, which is used in its manufacture—apart from that, I do not find any trace of antimony on either of them—I heard that they were used for the injecting of liquid beef tea, but also that they were soaked and washed afterwards—the immediate cause of death was acute sub-gastritis—I have had to do with a good many cases, but I never saw such extensive gastro-enteritis from ptomaine poisoning—it generally produces more inflammation of the bowels than of the stomach—in this case the stomach was worse than the bowels—persons who have died from ptomaine poisoning suffer from sub-acute enteritis—it is a question of degree—the fat which I noticed round the heart might point to old alcoholism, but fatty degeneration of the heart is well known in poisoning—the deceased was a very young woman to have had a fatty heart from alcoholism—tartar emetic is sometimes used as a check to drinking propensities—it nauseates the patient so that they cannot indulge in drink for the time being—in former times bismuth contained impurities which, apart from the bismuth itself, gave rise to arsenical poisoning; but at the present day bismuth is cleansed from those impurities, and is not itself poisonous—there have been cases on record of bismuth poisoning where the dose was only two drachms—I have edited Taylor's Medical Jurisprudence—a metallic taste, vomiting,
and purging, spasms in the arms and legs, which occurred in a, case of bismuth poisoning would coinside with a case of poisoning by antimony; but in a paragraph in my edition of Taylor, I think that that is explained—my reason for saying that I did not attribute the poisoning to arsenic was because the quantity of arsenic was very small, and it was present only in the contents of the stomach and bowel, and in the liver, but I could not detect any in the more remote organs, and if a person died from arsenical poisoning I should expect to find arsenic generally distributed through the body—there was not sufficient antimony to make me attach any importance to it—I ascertain its presence in various ways—the colour of the copper foil in Reinche's test is very significant—arsenic, antimony, bismuth, and mercury give very much the same colour, but none of them give the particular effect of antimony, so far as I know, and, of course, one does not rely on that one simple test alone—my tests are absolute, and not only probable—I discovered some orange sulphide, which was soluble in hydro-chloride acid, and separating it and treating it by Marsh's process, it was proved over and over again beyond all doubt to be antimony—that colour is not common to other mineral or vegetable poisons—putrifaction had only just commenced on the body of the deceased at the time of her death—there was only one day when the temperature rose above 50 degrees—I keep a record—I was engaged in the Bravo case, which was a case of poisoning by tartar emetic—I did not see the vomit in that case, but probably it contained blood—the purge contained blood, but it is not invariably present in the vomit and purge in cases of antimonial poisoning—I have not personally had a case where a person who died of antimonial poisoning vomited or purged blood—Bravo passed blood the same night that he had the antimony—I was at the inquest in that case—there are cases where there has been no vomiting of blood.
Re-examined. The question of blood in the stool would be according to the amount of the irritation, and in the faeces the blood might not appear as blood, but as a black stuff—to an unskilled person it might not appear to be blood—if the motion was black it would probably indicate that there was blood—if I as a medical man wished to know whether there was metallic poison, I should look to see if there was blood in the faecal matter—these glass tubes contain antimony in a sulphide form which I took from the deceased's body—here are some in the metallic form—this shining portion is the sulphide from the bowel—all the bismuth coming from Dr. Stoker was pure, and did not contain arsenic—I have no reason to think that the deceased was addicted to drink—I never heard it suggested until now—there was nothing in the fatty degeneration of the heart that would cause death—I daresay I have a much fatter heart than she had—it would not have produced vomit or gastro-enteritis—the main poisoning could not possibly bring about the production of antimony by any internal process—if the syringes were soaked in water, that would get rid of any traces of antimony—there would be no difficulty in mixing the antimony with bismuth if you dissolve it in water first—you could also put it into the bismuth without dissolving it.
By MR. ELLIOTT. Bismuth taken by the patient produces black motions.
By the JURY. There was Jess antimony in the rectum than higher up in the bowel—I cannot say if the whole of the last dose of antimony was due to rectum administration, but I think that she must have had during the last few hours of her life some given by the mouth—if the brandy was pure it would not take up enough antimony to give it any extra taste; but I should not like to take a mouthful of this brandy and water and antimony.
R. BODMER (Re-examined.) I took part with Dr. Stevenson in the chemical analyses of the different parts of the deceased's body—I have been in Court while he has been giving his evidence—I agree with him absolutely.
LUDWIG FREYBERGER , M.D., M.R.C.P. I was present on October 30th at the post mortem conducted by Dr. Stevenson—I have heard him describe the various organs of the deceased's body—I agree with his evidence—J took no part in the chemical analysis.
G. GODLEY (Re-examined.) I found the bottles which Dr. Stevenson has referred to—Nos. 2, 3, and 4 I found in the deceased's bedroom—I took them to my office and handed them to Sergeant Kemp, with instructtions what to do.
Cross-examined. I took everything that was there.
ELIZA MARSH (Re-examined.) The deceased lived with me until she was 15 or 16—she was afterwards in one or two situations as a housemaid—after she left them and until she went to the Monument, she lived with me again—she was sober and temperate and never in the slightest degree addicted to drinking habits.
WILLIAM WENZEL . I am a hairdresser at 7, Church Lane, Leytonstone—I have been there about eighteen years—about 1896 I advertised for an assistant—the prisoner came to me and remained about six or seven months—I knew him as George Chapman—he said he had come from Tottenham where he had a shop which was unsuccessful, so he could not give me references.
Cross-examined. I never knew him under any other name—I sometimes had men calling on me with hairdressers' sundries—I do not think anyone called while the prisoner was with me, but I am not sure.
JOSEPH SMITH RENTON . I am a corn chandler at 460, High Road, Leytonstone—my family originally lived in Yorkshire—I came to Leytonstone in 1881 or 1882—I am now about 41 years old—I had a cousin named Mary Isabella Renton—if she had been alive now she would have been six or seven years older than I am—she came to live with me at Leytonstone, and finally married Shadrack Spink, a porter at Leytonstone station—they had two boys named Shadrack and William—William was not born until a few months after Spink left his wife—he took Shadrack with him—sometime after ho wont away I noticed that my cousin was keeping company with the prisoner who I knew as Chapman, who was employed at Wenzel's; and about March. 1896. my cousin left Leytonstone—I was given to understand she was married to Chapman, she passed as Mrs.
Chapman—I saw her again in June, 1896—I first heard of her death in 1898 from a representative of Dr. Barnardo's home.
Cross-examined. I never spoke to the prisoner in my life—I never knew him under any other name than Chapman—he was in Wenzel's shop all the time I knew him—I do not know if he and my cousin were on good terms—I did not see sufficient of them.
JOHN WARD . I live at Ilford—I used to live at Leytonstone—I knew a man there named Shadrack Spink—he was a railway porter—I knew his wife, Isabella Spink, and also Wenzel's shop—I went there sometimes and made the prisoner's acquaintance—he came to me once and asked me to let him a furnished room which I did, and after he had been in my house some time my wife spoke to me and I told the prisoner that she "did not like the carrying on between him and Mrs. Spink—he said. "It is all right, we are going to get married on Sunday week '"—I had found him kissing her on the stairs—that was in October, 1895—early one Sunday morning Mrs. Spink and the prisoner went out—they came back about 10 a.m.—she had been living at my house before he had—the prisoner said, "Mr. and Mrs. Ward, allow me to introduce you to my wife, Mrs. Chapman—they said that they had been married somewhere in the City, at a Catholic place—my wife said, "Where is the certificate,"—he said, "Oh, our laws are different to your laws," or something to that effect—he said he was a Polish Jew—they stayed at my house for some little time, when they went to Hastings.
Cross-examined. I did not know the prisoner under any other name—I never heard Mrs. Spink call him by any other name;.
By the COURT. When she had her money she used to take a drop of drink, but she was not an habitual drunkard.
ARTHUR NEIL (Detective Sergeant M.) I searched the register of marriages at Somerset House from the' beginning of 1895 to 1897—I found no record between anybody named George Chapman and Mary Isabella Spink, or between Severino Klosowski and Mary Isabella Spink, or between Klosowski and anybody else.
ANNIE HELSDOWN . I am the wife of Frederick Helsdown, and live at Hastings—for some years we lived at 10, Hill Street, and I remember a Mr. and Mrs. Chapman and a little boy named Willie coming to live in the same house—the prisoner was Mr. Chapman—I did not know him before that—the boy was about five or six—after they had been there some time the prisoner opened a barber's shop in George Street—he and his wife had their meals there—I think she assisted in the shop—I have heard her cry out once or twice—I went to her next morning and she showed me a mark on her throat—she made a communication to me—she was not so well during the latter part of the time as she was at first—she was sick and said she had dreadful pains in her stomach—this was in 1896—I saw her vomit—it was greenish—no doctor was attending her—I left them there in 1897.
Cross-examined. It was generally early in the morning that she was sick.
Braybrook Road, Hastings—up to March 22nd, 1897, I lived at I, Coburg Place—a family named Chapman came to live in the same house about a month before I left—there was a man, a woman, and a child—the prisoner is the man—he went to a hairdresser's shop in George Street—he said he was a Russian Pole and that he had been to America—he once wrote down a name, and said it was his name in Russian—I had some volumes of "Cassell's' Family Physician"—I gave them to Mrs. Chapman to keep for a time—I never got them back—these are they (Produced).
Cross-examined. I had not much to do with Mrs. Chapman, but "I saw her every day—I thought she was given to drink—I saw no unpleasantness between her and the prisoner—she told me she had been married before—I cannot say if she told me whether she was married to the prisoner or not—I thought that she was his wife—she said her first husband had been killed on the railway—when the prisoner wrote his name in Russian I did not understand it.
MARTHA DOUBLEDAY . I am married, and live at Richmond Street, Bartholomew Square, St. Luke's—for some years I have known the Prince of Wales beer house in Bartholomew Square—in the autumn of 1897 the prisoner became a tenant there—I knew him as Chapman—there was a woman with him, who I knew as Mrs. Chapman—her name had been Mary Isabella Spink—she was a nice little built person, with fresh colour—I became friendly with her—after they had been in the house about twelve months I noticed that she was white—she got very thin—she said she had pains all over her—she seemed to be getting worse—the prisoner came to me a fortnight before Christmas and asked me if I would go over and sit up with his wife at night as she was very ill—I said I would—I went up to see her—there was no doctor there—I asked if I should fetch one—he said, "Who is the nearest?"—I said, "Dr. Rogers"—he gave me a paper, and Dr. Rogers came—I sat with Mrs. Chapman every night—she was in bed in 'the front room on the second floor—the prisoner lay on the couch—I was locked in—Mrs. Chapman was in bed all the time I was there—she was suffering very much; she vomited, and had pains all over her—she vomited frequently—it was dark brown—I gave her nothing at all during the night—after the doctor came the prisoner gave her brandy and medicine—he brought the brandy up with him at night and put it on the table—after she had the brandy she vomited—I was only there at night—I saw Mrs. Mumford there during the day—Mrs. Chapman had diarrhoea very badly—I had to get her our of bed—Dr. Rogers asked me to go and get Mrs. Waymark to nurse her as I could not do it any longer—I did not find out what was the mutter with Mrs. Chapman—I did not ask the prisoner—towards Christmas she got much worse—the vomiting continued—at night she had only medicine and brandy—she complained of being thirsty—she asked for drink, and the prisoner brought it up—during the last few days Mrs. Waymark gave her some Liebig—that did not come up—when the prisoner came into the room he used to lean over her—once or twice he told me to go outside, and then I would hear her say, "Pray God, go away from me '"—I did not afterwards ask her or the prisoner what she meant
by that—on Christmas morning she got much worse, and became unconscious—she had been vomiting very much—a severe flooding came on—I called out for the prisoner—he did not come up for some time afterwards—when he did come he only leant over the bed and then went into the next room—before she died I called him again—he leant over her and said, "Polly, Polly, speak!"—she had just died then—he went into the next room and cried—I called him because she was dying—he did not come at once; when he did she was gone—he wont down and opened the house—she died at one o'clock—I said, "You are never going to open the house to-day?"—he said, "Yes, I am"—I saw Mrs. Chapman's body after she was dead—it was in a very shocking condition—it was very much bruised—there were signs of the flooding—it looked as if it was wrapped up in a sheet—the boy was in the next room when she died—she was buried on the following Thursday at St. Patrick's Cemetery, Leytonstone—the prisoner continued to carry on the house—I never ascertained what the deceased died of—Dr. Rogers, who is now dead, gave a certificate.
Cross-examined. I did not see Dr. Rogers very often—I was not a customer at the beer house until about six months after the prisoner took it—at that time Mrs. Chapman was a very healthy woman—I did not know that she was suffering in any way—she did not say that she had been ill at Hastings, nor did the prisoner—the first symptoms that I noticed of her becoming ill was when she began to get thin—the prisoner knew that I was great friends with his wife—it was through me that he had a doctor—Dr. Rogers came regularly—he prescribed medicine—nothing was recommended in the way of nourishment by Dr. Rogers until Mrs. Waymark come—I did not know her then—she washed Mrs. Chapman all over and put her on a clean chemise and nightgown, which I bought for her—the nourishment that Dr. Rogers ordered was obtained, and everything he suggested was done—the prisoner appeared anxious to do everything he could—while I was in the house the only thing I had to drink was a drop of stout, which the prisoner brought up to me—I did not taste the brandy—I did not drink the stout because I did not care for it—I did not have much to say to him—Dr. Rogers saw Mrs. Chapman before she was dead—he was a man of great experience.
JANE MUMFORD . I live at 74, Bath Street, St. Luke's—in 1897 I was living at 19, Bartholomew Square—I knew the Chapmans when they came to the Prince of Wales—Mrs. Chapman seemed very well indeed at first—in the autumn I saw her in bed, and I relieved Mrs. Doubleday in the night nursing—the prisoner was in the room during the night, locked in—I did not see Mrs. Chapman have any nourishment at night—she had some medicine given her by the prisoner, but I cannot say what it was—she always complained of thirst, but I do not know what she had when she was thirsty; the prisoner would never let me see it—she asked for a pony of stout—the prisoner went down and got it—she suffered from sickness and diarrhoea very much—the prisoner gave her something in a wineglass—I could not see the colour of it—I suppose he got it from the medicine bottle which was kept on the sideboard—
after she drank what he gave her she was generally sick—a utensil was kept there—I never emptied it or saw it done—the prisoner said that Mrs. Chapman was suffering from delirium tremens through drink—saw him reading books in the bar—he said they were doctors' books, and that he was giving her stuff to cure her of delirium tremens—I said, "She seems very bad"—he said, "Oh, she will get better when she gets on"—he said he had been a bit of a doctor—I did not know what he meant—I had very little to say to him—I was not present when Mrs. Chapman died—I attended her until some three or four days before her death.
Cross-examined. I have had no experience of nursing—I only went there out of kindness—during the last week that I was there, I was there all day and two nights—I was not paid—there was nobody else in the house besides the prisoner and myself—Dr. Rogers came once a day—the medicine stood on the sideboard—anybody could have examined the bottles if they wished to—the prisoner appeared attentive and fond of the deceased—she seemed fond of him—I did not speak to Dr. Rogers—I knew him by sight—he was well known in the neighbourhood as a very good doctor—as far as I know Mrs. Chapman took the medicine he ordered—sometimes he brought it, sometimes I called for it—the prisoner took the medicine from the bottles that Dr. Rogers sent, I never saw him change it—I never gave her any food—I do not know what the doctor ordered her to eat.
ELIZABETH WAYMARK . I live at 41, Windsor Terrace, City Road—I go out nursing sometimes—I knew the late Dr. Rogers of Old Street—towards the end of 1897 he sent me to the Prince of Wales to nurse Mrs. Chapman about a fortnight before her death—I saw the prisoner and made arrangements with him for the nursing—he said she was wasting away, but he did not say what was the matter with her—I saw her in bed—she complained of bile and vomiting and violent pains in her stomach—I very often saw her vomit, it was slimy and green, and as she vomited she was purged—she had diarrhoea—she did not take much food, only a little beef tea, brandy, milk and soda, and water—the prisoner generally gave them to her—I do not know whether the milk was mixed with water or soda—after she had had the drink she was sick, and then she used to go off in a stupor—she gradually grew worse—when the prisoner came into the room he would go to the bedside and feel her pulse—I told him that she was very bad, and I asked him what was the matter—he did not make me no answer—he said he knew—I was with her when she died—just before the end she had a severe flooding—once I felt her pulse—it was very low, you could scarcely feel it—when I saw that she was dying I sent down two or three times for the prisoner—at first he did not come up—when he did she said to him, "Do Has me"—she put her arms out for him to bend over to kiss her, but he did not do so—the last time I sent for him just before she died he did not come up in time—I prepared the body for burial—it was a mere skeleton—she died on Christmas Day, 1897—I did not go to the funeral—on December 9th, 1902, I went to St. Patrick's Cemetery at Leytonstone, where I had heard that she was buried—I saw Dr. Stevenson there—I did not see
the coffin taken up, but I saw the body in the coffin in a little shed—I recognised it as the body of the woman I saw die on Christmas Day, 1897—I had no difficulty in recognising it—it was in a state of preservation—I never heard from Dr. Rogers what she died of, and I do not know.
By the COURT. When she was exhumed she looked as if she had only been buried about nine months—the only difference was that her hair had grown a little longer on the forehead—the face was perfect.
Cross-examined. I have often nursed under Dr. Rogers—I knew him for a long time—he was a very experienced and clever doctor—it was through him that I went there—I had not seen the Chapmans before that—I did everything that I possibly could for Mrs. Chapman, but as far as I can tell she had everything that Dr. Rogers ordered—she was in a dying state when I went there—I knew she was past help when I got there—when Dr. Rogers came I said, "She is in a very bad state," and he said, "Yes"—he did not say what she was suffering from—I was not there when he gave the certificate—I do not remember another doctor being called in just before she died.
HENRY EDWARD PIERCE . I am an undertaker of 27, Featherstone Street—on the evening of Christmas Day, 1897, I was called to the Prince of Wales, where I saw the prisoner—he made arrangements with me for the interment and funeral of Mary Isabella Chapman, whom he described as his wife—he said he wanted the coffin the same night—I said it was impossible, but I promised it next day at 12—I went up and saw the body—it was very yellow and struck me as unusual—I took particulars for a name plate, which was prepared—it had on it, "Mary Isabella Chapman, aged 41 years, died December 25th, 1897"—the funeral and interment took place at St. Patrick's Cemetery, Leytonstone on December 30th—I was present; and on December 9th, 1902, I saw taken from the same grave the same coffin with the name plate on it—I removed the lid and recognised the body inside.
Cross-examined. I did not see the certificate given by Dr. Rogers—we only have to have the register of death and an order for burial—the prisoner did not give me any other particulars about Mrs. Chapman. Re-examined. This is my receipted hill for the funeral.
G. GODLEY (Re-examined.) I found this undertaker's bill at the Crown—I also produce the certificate of the registration of the death of Mary Isabella Chapman on December 25th, 1897—the cause of death is certified by Dr. Rogers to be phthisis.
THOMAS STEVENSON (Re-examined.) I attended at St. Patrick's Cemetery, Leytonstone, on December 9th, 1902, and examined the body in the coffin, bearing the name plate of Mary Isabella Chapman, who died on December 25th, 1897—I saw the lid removed—the body was altogether remarkable—the face and head were those of a woman who might have been coffined that day from the appearance—even the eyes were unruptured, a very unusual circumstance—there was not the least difficulty in recognising her—the muscles had a fresh appearance—all the parts of the body cut rather leathery, like shoe leather, and of course were dryer than in "a fresh body—all the parts of the body except the brain were
preserved—the stomach was unusually pink externally—that was from the blood in the vessels being more than usually good—it's inner coat was of a peculiar cinnabar red colour, and towards the bowel end there was a patch of black blood which had been effused—there was no sign of perforation or ulceration—there was no loss of substance in the mucus membrane—towards the bowel end there were some old scars of years' standing—the bowels were not ruptured—the tube was intact—internally the bowel had the same red colour as the stomach—there was no ulceration—the liver was pale but firm in texture "and fairly normal—the spleen, the kidneys, the bladder, the heart, and the lungs were all normal—there was no sign of phthisis; that generally indicates disease of the lungs—the cause of death was gastro-enteritis—there was no other cause—there was nothing to indicate that the woman had been a confirmed drunkard—if she had drank it had not produced any serious injury to the kidneys or liver—the inflammation which I found in the stomach was not attributed to alcohol—I removed the stomach, the bowels, liver, kidneys, spleen, lungs, heart, brain, and some of the muscles, and submitted them all to analysis except the lungs—they all contained antimony—it had permeated to the muscle of the thigh—in the bowels I found 0.41 grain of metallic antimony, in the liver 0'87 grain, in the kidneys 0.06, and the stomach 0.03, which makes altogether 1.37—that, would represent as emetic tartar 3.83 grains—there was more in her liver than I found in Maud Marsh's—that quantity points to a large amount of antimony having been absorbed into the body, and would indicate a considerable dose having been taken some hours before death or the continuous administration of small doses—the purging and vomiting would get rid of a good deal of the antimony—I came to the conclusion that the cause of death was poisoning by antimony, and I attribute the preservation of the body to the antimony—it has not been thoroughly recognised that preservation is one of the effects of antimony, but it has been found in previous cases to be a preservative—the fact of antimony being found in the muscles would not indicate that doses of antimony had been going on for some time, because I think it would quickly pass to every vascular part of the body—I tested the earth round the coffin to see if it yielded any water; evidently the body had not been touched by water; the coffin and its contents being well preserved.
Cross-examined. The condition of preservation in a measure depends on the surroundings of the body quite apart from anything internal—it was an elm coffin—the grave was eighteen feet deep—the depth of a grave to some extent helps to preserve a body, but if this body had begun to decay at the time it was buried, the depth of the grave would not have retarded it—the air generally reaches, a body before it is buried—this soil was very dry, clay and loam, which would assist preservation—it would take a few years for rain to get down eighteen feet—the grave was not a brick one—there were seven other coffins above, this one was at the bottom—the body was almost life-like—bodies buried in lead coffins, when opened years afterwards, have been found to be preserved to a wonderful degree—in those cases the air had been excluded—a wooden coffin would not be Hermetically sealed—the other bodies removed from
this grave had a fearful smell—we did not open the other coffins, they were reverently put aside, and a tarpaulin put over them—the whole of them had been buried within a month—I did not analyse the lungs, because I was told the woman had died from phthisis, but when I found no traces I put them aside in case questions were asked—if I had not known the history of the woman but was told that a certificate of death from phthisis had been given, I might possibly have found that consistent with her condition—when people die from phthisis there is generally great emaciation.
By the JURY. I am of opinion that antimony given in gradual doses for a long time would be more likely to preserve the body than a sudden dose—it would get more into the system.
R. BODMER (Re-examined). I took part with Dr. Stevenson in making an analysis of this body—I have heard his evidence, and I agree with him.
WILLIAM TAYLOR . I live at 62, Lausanne Road, Hornsey—Bessie Taylor was my sister—she was about thirty-six when she died—she had held the position of manageress in some places in London—her last engagement was at Peckham, before being, as I understood, married—about four years ago she introduced me to the prisoner as her husband—I cannot fix the date—I believe they were then living at the Prince of Wales—I afterwards learned that they had gone to Bishop's Stortford, and afterwards I learned that they were living at the Monument—I did not know my sister had gone there as a barmaid—in December, 1900, I heard that she was ill and my mother came up from Cheshire—I saw my mother, and after some conversation with her I went to see my sister at the Monument—I had not seen her for about three months, when she had called on me—she was apparently then in good health—this (Produced) is a. photograph of her—she looked strong and healthy—when I saw her at the Monument she appeared to be very ill and shrunken—she had gone into like a little old woman—she said she had violent pains in her inside, and that she had been very sick—the next I heard was in a message from my mother that she had died on February 13th, and on February 15th I met the prisoner at St. Pancras Station, and with him and other members of the family went to Lymn Churchyard in Cheshire, where my sister was buried—I was at the grave side, and in November, 1902, I saw her grave opened and the coffin in which she had been buried taken out—I only saw the prisoner and my sister together about six times—they seemed to be on good terms—he treated her kindly and properly—she seemed to be fond of him, and they seemed to be happy—he seemed to have been very sorry to have lost her when she died—he behaved in every way that I should expect a man to who had just lost his wife—I never heard my sister make a complaint about him—I did not know Dr. Stokes attended to her at the Monument—I knew that she was being attended by a doctor.
ELIZABETH ANNE PAINTER . I live at 8, Argyll Street, Oxford Street, and am a caretaker—for many years I was acquainted with Bessie Taylor—I remember her being: in a situation at Peckham—about Easter time,
1898, she left there and went to Jive at the Prince of Wales—I understood that she had been married—I visited her there and saw the prisoner—they were living as Mr. and Mrs. Chapman—she was in good health—I next heard of them at the Grapes, at Bishop's Stortford—shortly before Christmas, 1898, I went down there to stay for a week or two—just before Christmas Bessie went into the local hospital—she had lumps on her face from her gums—she came out of the hospital in about a week and returned to the Grapes—the prisoner was very unkind to her when she came back—he carried on at her all the afternoon, and in the evening he frightened her with a revolver, because he said she had been telling the customers that she was going into the hospital—she was not strong when she came out of the hospital, but she was better—I next heard of them at the Monument—he was not kind to her there—he was always carrying on at her—she seemed to be fading very much—she complained of pains all over her and her head was bad—she got very thin—towards the end of 1900 I visited her every evening—she always felt sick, it always came on after she had had anything to eat or drink—she was in bed and had pains in her stomach—I do not know if she had diarrhoea—when the prisoner came into her room he felt her pulse with his watch in his hand—after a time I saw medicine bottles in the room—the prisoner would shake them and then look up to the light through them—I asked him what was the matter with her—he said there was a complication of diseases—when I went into the bar I would ask him how Bessie was—sometimes he would say, "Your friend is dead"—I would go upstairs and find her alive—I saw her on February 7th—she seemed a bit brighter—I went again on the 14th—I did not know she had died the day before—I saw the prisoner—I asked him about Bessie—he said she was about the same—the nurse took me upstairs and told me something, and I found she was dead—the house was open when I went there.
Cross-examined. Bessie and I were great friends, we had been in service together—I saw her in the hospital at Bishop's Stortford—there was nothing else the matter with her except her face—I do not know how long she had been at the Monument when I first noticed anything the matter with her there—I think that when she came from Bishop's Stortford her health began to fail—the first time I saw her in London I noticed that she was in ill-health—the prisoner was pretty fair with me—most people are changeable, he was no exception to the rule—with the exception of his carrying on at Bessie, they were on very good terms—the carryings-on were only occasional, and generally took place after the house was closed—sometimes I assisted them in—the business—she took a prominent part in the bar—when the prisoner said, "Your friend is dead, "I did not take him seriously—I thought it was his way of putting it—when Bessie was able to get about she used to prepare the food herself; when she was ill I would ask the prisoner for anything, and he would get it—he got beef tea or milk—I could see everything he gave me—if he had put anything into it I should have noticed it—I never noticed him put anything into the food—I could have tasted it if I had liked—I was perfectly free to do anything I liked with it—when I visited Bessie and she was ill, I
had something to drink—I always thought it was all right something I had port, sometimes a glass of ale—it came from the bar—sometimes I would ask for it, sometimes the prisoner would give it to mo—it was not what had been got for Bessie—the brandy and things for her were always in the room when I got there—I had a glass of brandy once—it had not been brought into the room for her it was there for me—the prisoner told me to take it—I did so—there was a nurse named Stevens there—I do not know if she was properly qualified—she seemed to be competent, and paid every attention to Bessie—I do not know if she prepared any of the food, because I was not there when it was prepared—I did not see Dr. Stoker—Bessie seemed to have all she wished in the way of food—I never heard her complain that she could not get what she wanted.
By the JURY. The prisoner kissed me once or twice—he never made overtures to me, or said that I could be Mrs. Chapman—he kissed me while Bessie was about—he did not say anything when he did so.
MARTHA STEVENS . I live at 22, Fanshaw Avenue, Barking, and have been a nurse for a number of years—I used to live at Union Street, Borough—two or three months before Christmas, 1900, I got to know the prisoner and Bessie Taylor at the Monument—when I first knew Bessie she seemed pretty well in health—later on she complained to me of being fatigued, languid, and having pains in her stomach—I suggested that she should go to the doctor—she made a complaint to me and I mentioned Dr. Stoker's name—I went with her to his surgery more than once—he gave her some medicine—she seemed to rally, but not for long—I went to the Monument and nursed her about a week or ten days before Christmas—she engaged me herself—at first I only stayed during the day—she had vomiting and diarrhoea, and great pain—she complained a little about her throat burning, which was very red—about twice I noticed perspiration—when she vomited it was severe, and green, thick, and slimy—she did not complain of being thirsty—when she did complain I saw milk, water, brandy and water, and champagne given to her—at first I was the only person there in the daytime—the prisoner used to come up and see her from time to time—he used to ask her how she was—sometimes he held her hand in a friendly way—sometimes I prepared what nourishment she had, sometimes her mother, sometimes the prisoner—after a time I stayed there during the night as well as the day—the prisoner was there during the night until Bessie's mother came, and then he went and slept in the parlour—I went back to my home in the daytime for an hour sometimes—Mrs. Taylor did not go out very often—she took a walk sometimes—Bessie was sometimes better and sometimes worse—one Sunday after Christmas she got up and went about the house, then sat down and played the piano in the club-room adjoining her bed-room—as she was playing. Dr. Stoker who was attending her came in—he put his finger up so that I should not interrupt her—then he said. "apital '"—she looked round and discovered him there—I went home to sleep that night—I was sent for again on the Monday or Tuesday—Bessie seemed quite prostrated—she went to bed directly I got there
—she said she was very tired and languid—she did not complain of pain she had violent sickness and purging—Dr. Stoker came—I was with Bessie on February 13th, and about 1.30 a.m. I thought she was dying—I called the prisoner—he came up just as she was dying—he looked at her, and I think he said, "Oh, she has gone "and he commenced to cry—I stopped a day or two in the house, and on the 15th the body was removed in a coffin to the railway station.
Cross-examined. I knew Dr. Stoker before I went to the Monument—I introduced him to the Chapmans—three specialists were also called in while I was there—I do not remember their names—I believe Mrs. Taylor asked them to come—altogether there were five doctors—they examined Bessie, and had a consultation in the club-room—they came up and saw her again—the prisoner was not present, he came up afterwards—he seemed quite willing that the consultation should be held—he spoke to the doctors downstairs—I did not hear the doctors say what was the matter with Bessie—Mrs. Taylor was in the house about a fortnight—during that time Bessie had everything that was prescribed for her, she was looked after with every possible care—the prisoner seemed to be willing to have everything done that could be done—he got everything that was suggested—Mrs. Taylor generally prepared the food—the prisoner brought up some champagne—I do not remember him bringing any food up—I do not think he interfered with the doctor's treatment—I never saw him giving Bessie medicine, I took the responsebility and carried out Dr. Stoker's orders—I had some ale whilst I was there—I did not have any champagne—I could have had what I liked—the prisoner and Bessie seemed to be fond of one another—when she seemed to be better he seemed to be pleased—I could go about the house as I liked—the prisoner never sent me out of the room, or prevented me getting any food Bessie wanted.
Re-examined. I never had any suspicion of unfair play—the medicines were generally kept in the bedroom—I went out from time to time—the prisoner always had access to the bedroom—I did not go there until after Christmas.
By the JURY. I never drank any brandy—the prisoner never asked me to take any medicine.
J. M. STOKER (Re-examined.) I was called to the Monument on January 1st, 1901—I first saw the prisoner about a fortnight before that, when he came to my surgery—previous to that Bessie Taylor had called on me and asked for some medicine—I then attended her—Mrs. Stevens was there—I visited Mrs. Chapman "almost daily from January 1st to February 13th, when she died—when I first called she was in bed; she had vomiting, diarrhoea and pains in the stomach, which was very tender—the vomit was green—I cannot recollect if I saw her vomiting—I prescribed for her—she used to get better and then go back again—I suggested another doctor being called in—I had three separate consultations with three other doctors—one was Dr. Sunderland—he is a specialist in the diseases of women—he only saw her once—I was under the impression that "Mrs. Chapman "was suffering from some womb trouble—I do not recollect if Dr. Sunderland
suggested any alteration in the treatment—she did not nuke any improvement—I then suggested another doctor—somebody in the house suggested Dr. Thorpe of Southwark Bridge Road—he and I examined "Mrs. Chapman "ogether—he said he thought she was suffering from a severe form of hysteria—I then got Dr. Cotter—we examined the patient together—he thought she was suffering from some cancerous disease of the stomach or intestines—in consequence. I sent a portion of her vomit to the Clinical Research Association with directions to see if—there was any trace of cancer—that would be a microscopical examination—they found no trace—the constant vomiting and diarrhoea continued more or less during the whole time that I was there—I remember one evening going in and finding her playing the piano—I cannot recollect the date—she appeared very much better, and in consequence I said I would not call back again unless I was sent for—I do not recollect if I had any conversation with the prisoner on that day—I was sent for the next day—I found her worse than ever—I was with her the day before she died—she was very bad then with the same symptoms—I do not recollect whether on that day I thought she was dying or not—next day I heard of her death—I was asked to give a certificate, which I did giving the cause of death as intestinal obstruction, vomiting, and exhaustion—intestinal obstruction would cause vomiting and exhaustion—she was suffering from vomiting and ordinary stoppage when she came to my surgery—diarrhoea would follow when the stoppage was cleared—I did not put the particulars in the certificate, "G. Chapman, widower of deceased"—I thought the prisoner was married to the woman—I never had such a thing as antimony at this period, and I never prescribed it.
Cross-examined. I had seen Mrs. Stevens before—it was at her recommendation that I went to the Chapmans—up to that time I knew nothing of them—at first I regarded the case as one of constipation, and I directed my treatment with a view of removing that—I attended her at her home for excessive diarrhoea so the stoppage must have given way—I think that she came to my surgery twice—I do not remember what I gave her most likely a dose of salts—I next saw her at her home on January 1st, when I treated her for diarrhoea and vomiting—I do not know what I gave her then—I saw the prisoner—I do not remember if when I suggested to him that I should like further advice, it was within the month—he at once agreed—I believe that Dr. Sundertand came to the conclusion that she was suffering from some uterine trouble—I have no record of it—I have not seen him since—the prisoner saw Dr. Sunderland when he came, and asked him what was the matter with his wife—I do not remember that he was dissatisfied with our opinion—he was willing to have a third doctor—he paid the fees—I consulted with Dr. Thorpe—I think he told the prisoner that the woman had hysteria—he accepted that opinion, as he had accepted Dr. Sunderland's—it was at my suggestion that a fourth doctor was called in because the woman was getting no better—the prisoner agreed to that—I do not know what fee he paid in each case—he did not grumble—Dr. Cotter said it was some cancerous disease of the stomach or intestines—I think Dr. Bodmer examined the vomit that I sent—Dr. Cotter's opinion was not
sustained—I do not think the report was told to the prisoner—I do not think the patient lived long after that—I had many opinions—I have no record of my treatment—if the specialist had suggested an alteration in the medicine I certainly should have made it.
Re-examined. None of us suspected poison.
By the COURT. As far as I can tell she was cured of constipation—you can get vomiting with hysteria, and you can imagine a lot when you have hysteria—I think Dr. Thorpe thought the woman was imagining—it did not occur to me that she was not suffering—constipation was the primary cause—the vomiting and exhaustion had caused her death—it would probably have been wise to have had a post mortem before giving the certificate, as all the doctors were evidently wrong—I have never known a case where four doctors gave four different opinions, and when the patient died, still there was no post mortem.
ARTHUR NEIL (Re-examined.) I have searched the record at Somerset House between January, 1898, and March, 1900—I can find no record of a marriage between George Chapman and Bessie Taylor, or Severino Klosowski and Bessie Taylor.
WILLIAM TULL . I live at 11, Warwick Street, Blackfriars, and am manager to Mr. Smith, undertaker, at 122, Southwark Bridge Road—on February 13th I went to the Monument with a coffin—I saw the prisoner there—he had been to the shop earlier that day—I went upstairs and saw a woman's body—the prisoner gave the name as Bessie Chapman—I coffined the body and early on February 15th it was conveyed to St. Pancras Station—on November 22nd, 1902,1 went with Inspector Godley to Lymn in Cheshire, where I saw a grave opened and three coffins taken out—the third was the one in which the body of Bessie Chapman had been placed—I identified it by the name plate on it which I had myself engraved—the lid was removed, and Dr. Stevenson saw the body inside.
WILLIAM KELSALL . I live at Agden, near Altrincham, in Cheshire—I knew the late Mr. and Mrs. Taylor, the parents of Bessie Taylor—on November 22nd, 1902, I was present at Lymn Churchyard, and I saw in a coffin which was then opened, the body of Bessie Taylor.
DR. STEVENSON (Re-examined). On November 22nd I was at Lymn Churchyard, Cheshire, and I saw Bessie Taylor's coffin taken from the grave—it had a plate on it, "Bessie Chapman, died February 13th, 1901, age 36 years"—the body was covered with a mouldy growth, but otherwise, was fresh—there was no putrifaction and no odour—the tissues were dry—the muscles had a red and freshish appearance—there was a faecal odour in the abdomen, but no putrifactive odour—although the features shad mould on them one could follow the shape and general contour—the yeast was shrunken and the whole body dry—generally when bodies decompose they become wet and slimy—this was one extremely well preserved except for the superficial skin—I made an examination of the various organs—on the base of the right lung I found some old adhesions from old pleurisy—the lungs were shrunken and dry but otherwise healthy and free from deposits or cavities—adhesions are quite common in people of good health in middle life and after—the heart and its valves were
healthy—the stomach was empty, but its vessels were filled with dark blood to an unusual extent—on the inner surface of the gullet end of the stomach there was a patch about four inches in diameter of a cinnabar red colour which denoted gastritis—there was no ulceration or perforation or any loss of substance in the mucus membrane of the stomach—the cinnabar red colour extended more or less through the bowels, indicating enteritis—the inner surface of the bowel was coated with a yellow paint-like stun" which was sulphide of antimony—the pancreas, spleen, kidneys, and liver were all shrunken by time but otherwise normal—the womb, ovaries, appendages and bladder were quite normal—I found no trace of cancer nor uterine trouble—I could find no sign of any cause of death—I examined the brain—it was a good deal decomposed—there was no sign of hemorrhage, or any recognisable disease—I found no intestinal obstruction—I formed the opinion that she had died from gastro-enteritis which was due to some irritant poison—I removed the stomach, bowels, liver, spleen, kidneys, heart, brain, and lungs, and subjected them all to analysis and examination—the analysis showed that antimony was present in all those parts—there was no other poison—in the stomach there was 0.12 grain of metallic antimony, in the bowel 8.43 grains, in the liver 164 grain in the kidneys 030 grain, making a total of 1049 grains which equals 10 1/2—that represents of tartar emetic in the stomach 032 grain, in the bowel 2343 grains, in the liver 4.55 grains, in the kidneys 082. grain, making in all 2912 grains—I cannot find any recorded case of such a quantity having been found in the bowel after death—it suggests that she had some large dose not long before her death—I examined the earth about the coffin but found no poison.
Cross-examined. The woman had been buried about twenty-one months—Isabella Spink had been interred practically five years—neither body was putrid—Taylor was covered with ordinary vegetable fungi—there were conditions about the body that I identified with the case of Spink—I compared Taylor's features with a photograph which I was told was hers, and I could recognise the general contour—the nose and cheeks had preserved their shape—I could not distinguish the eyes—there had been a change in her which was more remarkable than in the case of Spink, where there had been practically none—I think Taylor's body contained more antimony than Spink's—given the same conditions as far as the coffin and grave were concerned. I should have expected to find that a woman who had only been buried twenty months, and had more antimony in her body, to be less subject to change than a woman who had been buried five years and had less antimony—Taylor's coffin was a dry elm one, and, as far as I could judge, the body had not been contaminated by contact with the soil, which was very dry and sandy loam—putrifaction generally begins through the nose, mouth, and anus, and spreads outwards—there was none of that in either body—the superficial decomposition of the body was due to the growth of mould—the presence of antimony does not prevent the growth of moulds in fact they will grow in a strong solution of tartar emetic—the long railway journey which Taylor's body had taken, and the growth of mould were distinct from the case of Spink's,
and the growth of mould would depend on the cleansing of the body after death—Bessie Taylor's body was apparently cleaner than that of Spink's, as the latter had had a severe flooding shortly before death but that would only affect one part of the body—I have no reason to suppose that either of the bodies were not properly cleaned.
R. BODMER (Re-examined). I took part in the chemical analysis with Dr. Stevenson, on the parts of Taylor's body which were removed—I have heard his evidence and agree with his conclusions.
G. GODLEY (Re-examined). On October 25th I went with Kemp to the Grown—the first communication about this case was made to me through Dr. Stoker about midnight of that day—a telegram was sent to Dr. Waldo, the Coroner, at 4.19 a.m. on the 25th, and at 10 a.m. I saw his officer—at noon I went to the Crown and saw the prisoner—I said, "Are you Mr. Chapman?"—he said, "Yes"—I said, "I wish to speak to you quietly"—I did not then say who I was—there was nobody in the parlour on the same floor, and he asked me to go in there—I said, "am inspector of police for this district; Maud Marsh, who has been living with you as your wife, has been poisoned with arsenic, and from the surrounding circumstances I shall take you to the police station while I make inquiries"—he said, "I know nothing about it; I do not know how she got the poison: she has been in Guy's Hospital for the same tort of sickness"—I said, "Before we go to the police station I am going to examine the bedroom where she died"—he made no reply, but led the way upstairs to the second floor back room—he took a key from his trousers pocket and unlocked the door—I said, "I am going to take possession of all medicine bottles"—I saw the three bottles which have been produced—they were on the floor by the fireplace—the prisoner stooped down and picked them up and gave them to me—I said, "If you have any money in that safe you had better count it"—there was a safe in the bedroom—he said, "The safe is broken," and he produced a bunch of keys from his pocket and unlocked one of the small drawers in the chest of drawers, and took from it in coin and notes £268 10s.—there were some bottles in the room—I locked it up and left Sergeant Leak outside the door—I took the key with me to the station with the prisoner, where he was detained—about 4 p.m. I returned to the Crown, and found Leak still in charge—I went into the room and took possession of the bottles and some other articles—I went into the box-room on the other side of the passage—I found several boxes and other articles there in the bedroom I found three powders, which were produced yesterday, and some medical books—the pocket book I found in the office downstairs with a Pharmacopea—I found one of the syringes and Kemp found the other, which he handed to me—I also found the little book in Polish, the papers in Russian, the will, an American revolver in a case fully loaded, a number of photographic chemicals and bottles of various kinds; also a number of papers and documents, amongst them the photograph of Bessie Taylor—some of the papers related to the change from the Prince of Wales to the Grapes, from the Grapes to the Monument, and from the Monument to the Crown also a tpyewritten letter from
Biggs and Co,. dated September 8th, 1902, to "Mr. D. Chapman," at the Crown (This stated that they regretted having been unable to find a, customer, and that in order to push matters forward they suggested advertisements being inserted in the daily papers, which would no doubt effect a sale.)—I also found bills relating to the funeral of Mrs. Spink and Bessie Taylor—in the pocket book there is an entry, "February 13th, 1901, Wednesday. Bessie Taylor dead, at 1.30 a.m., with great sorrow, by G. Chapman," and on October 28th, 1901, "Sunday, 27th, to Mabele Spins marrid"—I gave certain bottles and powders to Kemp with certain instructions—at 7 p.m. on October 25th I went into the charge room at the station and saw the prisoner—he said, "Can I have bail?"—I said, "No, I have not finished my enquiries yet, it is a very serious case of poisoning—he said, "She did not die suddenly; if she had been poisoned she would have done"—I had the three bismuth powders with me then—I said, "I found these three powders on the drawers in your bedroom"—he said, "The doctor sent them"—I said, "I am going to see the doctor and finish my enquiries"—I left him, and again saw him at 10.15—I said, "It is now my duty to charge you with the wilful murder of Maud Marsh by poisoning her with arsenic"—he said, "I am innocent, can I have bail?"—I said, "No"—on the Monday he was brought before the Magistrate and remanded from time to time until November 12th, when the case was commenced by the calling of evidence—from that date up to the end of December he was charged as George Chapman—in the meantime I had been making enquiries, and on December 31st I charged him in the name of Severino Klosowski with the wilful murder of Mary Isabella Spink, otherwise Chapman, on December 25th, 1897, at the Prince of Wales—I also charged him with the wilful murder of Bessie Chapman, otherwise Taylor, on February 13th, 1901—when I told him of the name of Klosowski, and the charge was read over to him, he said, "I do not know the other fellow"—in answer to the charge of murder he said, "By what means, stabbing, shooting, or what?"—I said, "The inspector will read the charge to you after he has taken it down"—it was written down and read over to him—he said, "Who is the other fellow?"—I said, "That is you; we call you Severino Klosowski, otherwise George Chapman"—he said, "I do not know anything about the other name"—I was present at each of the exhumations.
Cross-examined. I made a complete search all through the house, and dealt with everything that I considered relevant to this charge.
WILLIAM KEMP (Inspector). On October 25th I accompanied Godley to the Crown, and assisted him in searching the premises and taking away the things we found—I found this green syringe—about 7 p.m. on that day I saw the prisoner in the charge room at the station—he said, "Can I speak to you a minute?"—I said, "Yes"—he said, "Your inspector brought some white powders in just now, which he said he had found on the drawers in the bedroom, has the doctor examined them yet?"—I said, "I do not know at present"—he said, "I would not hurt her for the world. I have had a lot of trouble with my barmaids, but I took a great fancy to this one there was some jealousy
lately, she said to me, I have been with you now twelve or thirteen months, and have not had a baby yet: if I do not soon have one, you won't have me with you long"; her sister would bring her baby with her sometimes, and after she had gone Maud would sit and cry for a long time"—with, the exception of the books and documents, all the bottles, syringes, and other articles that we found in the house I took to Dr. Stevenson—I afterwards received them back from him—I received some bismuth from Dr. Stoker, which I also handed to Dr. Stevenson in the same state.
GUILTY . DEATH .
ADJOURNED TO MONDAY, MARCH 30TH, 1903.