CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD MARCH 30TH, 1903.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
MESSRS. BARNETT AND BUCKLER.
Short-hand Writers to the Court,
ROLLS CHAMBERS No. 89, CHANCERY LANE.
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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 30th, 1903, and following days.
Before the Right Hon. SIR MARCUS SAMUEL , Knight, LORD MAYOR of the City of London; the Hon. Sir WILLIAM RANN KENNEDY, one of the Justices of His Majesty's High Court; Sir JOHN WHITTAKER ELLIS, Bart., Sir DAVID EVANS , K.C.M.G., and Lieut.-Colonel Sir HORATIO DAVIES , K.C.M.G., M.P., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City: JOHN POUND , Esq., FREDERICK PRAT ALLISTON , Esq., and THOMAS BOOR CROSBY, Esq., M.D., other of the Aldermen of the said City; FREDERICK ALBERT BOSANQUET . Esq., K.C., Common Serjeant of the said City; and JAMES ALEXANDER RENTOUL , Esq., K.C., M.P., LL.D., Deputy Judge of the City of London Court, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
Sir THOMAS HENRY BROOKE-HITCHING, Knt., J.P.
ALFRED PERCY DOULTON, Esq.
CENTRAL CRIMINAL COURT
SAMUEL, MAYOR. SIXTH SESSION.
A star (*) denotes that the 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, March 30th, 1903.
Before Mr. Recorder.
319. CHARLES FREDERICK BAILEY (35) and HORACE PUTMAN (28) , Stealing a pair of curtains and a rug, the property of the Army and Navy Auxiliary Co-operative Supply, Limited. Another indictment charged them with conspiring to steal the goods of the said Company; and another indictment against Bailey for stealing a pair of tapestry curtain the property of the same persons. MR. HUTTON, for the Prosecution, offered no evidence.
NOT GUILTY .
320. FREDERICK WILLIAM FISHER (27), PLEADED GUILTY to attempting to obtain £31 from George Henry Douglas, by false pretences. Eight previous convictions were proved against him. Eighteen months in the second division.—
(32l) JAMES WARD (20) , to breaking and entering the dwelling house of Rodney Munday, and stealing two gold necklaces and other articles, his property. The prisoner had been well brought up, and was well connected, and he had enabled the police to recover the stolen property in this and other cases. Judgment respited.— [Pleaded guilty: See original trial image.]
(322) JOSEPH DREW (29) and WILLIAM THOMPSON (25) , to burglary in the dwelling-house of John Alexander and stealing five fish knives and other articles, his property. Also, to burglary in the dwelling-house of Joseph Samuel Daniels, and stealing nine-fish knives and nine fish forks and other articles, his property. Also, to burglary in the dwelling-house of George Macdonald, and stealing a gold nugget and other articles, his property, both having been before convicted at this Court, Thompson on September 12th, 1899, as William Payne, and Drew on June 22nd, 1896. Five previous convictions were proved against Drew and two against Thompson. Five years' penal servitude each. [Pleaded guilty: See original trial image.] The police were commended by the Court and Grand Jury.—
(324) EDWARD WILLIAM HIBBERD (36) , to stealing, whilst employed under the Post Office, a post letter containing postal orders for 10s. and 7s. 6d., and four postage stamps. Nine months' hard labour. — [Pleaded guilty: See original trial image.] And
(325) ALBERT MOSER (61) , to obtaining food and drink from John West and R. H. Barnes, by false pretences. Also, to obtaining credit by means of fraud, having been convicted of a like offence at Clerkenwell on June 6th, 1899. Six weeks' hard labour, to run concurrently with his former sentence, of which he had still 161 days to serve.
MR. LILLEY Prosecuted.
PAUL GUSTAVUS FRIEND . I live at 10, Graham Road, Chiswick, and am secretary to J. A. Preece and Sons, Limited—on November 14th 1902, I saw an advertisement in the Daily Telegraph for a secretary to syndicate, with a salary of £250—I answered, stating my qualifications—I received a reply requesting me to call at 11 Quenington Mansions—I called there; it appeared to be a private house; I saw the prisoner there; he said he was the principal of the Anglo-American Syndicate which he explained was for producing and managing stage plays—he, said he required a commercial manager for the syndicate: that he had been carrying on business for about three years in a similar capacity, and that his financial partner was the Duke of Rovigo—he did not give me his address then—he said that owing to the fact of my having to deal with the cash which would pass through the syndicate, he and his financial partner desired £250 cash security from me, to be deposited on account with the syndicate's bankers—he did not then say who the bankers were—I called on him again, and I asked him with regard to the financial standing of the syndicate—he explained that they had about £3,000 at the bank, and that their last venture, which had extended over about seven months, had yielded a net profit of over £3,600; that although my qualifications seemed likely, he could not give me a decision that day, as there were several other applicants, but that he would write again—I expressed my willingness to deposit the £250 with him—on December 2nd I received a letter from him enclosing a rough draft of the agreement, which, if satisfactory, I was to return to him and he would have it made out—I was appointed about November 24th by letter—when I received the draft I put it into shape and had it typed in duplicate—I said that I did not think I should be in a position to deposit the whole of the £250, so I paid £150, and agreed to pay the other £100 within twelve months—the agreement was signed afterwards—on December 8th when I took up my duties I asked the prisoner to submit the syndicate's books to me; he made various excuses, saying that the cash book was in the auditor's hands, and that he could not obtain it for a few days: that was before I signed the contract—I saw this cash book (Produced) on the day before I signed—it appeared to be in proper order; it was supposed
be audited in red ink and signed—on December 18th I signed this agreement (Produced)—it appears to be signed "Rovigo" and by myself and the prisoner; "Rovigo" was there when I signed, but the Duke "as not present at the time—the prisoner signed it in my presence, and was also witnessed in my presence—when I signed it I believed the signature "Rovigo" to be that of the Duke of Rovigo—I had parted with the money at the time I signed; I paid it on December 18th, partly cheque and partly in money—I then believed that the "Duke of Rovigo as a sleeping partner, that the syndicate had £3,000 at the bank, id that the cash book was a genuine one—I received a letter from the prisoner dated December 13th, saying that the Duke was fairly mad with him for not having had the agreement signed, and that the Duke id signed it that night—on Sunday, December 21st, I went to Eastbourne to join the syndicate's company which was to appear there—I saw prisoner there—I heard some rumours—I communicated with the bank on December 22nd, requesting information as to what had been done with my cheque and money; I received a reply, and in consequence railed the prisoner into my room and asked him what he had done with money; he replied, "It is all right, it is at the bank"—I replied, have information to the contrary, I have a telegram from the bank; have paid my money to your personal account"—after some excuses stated that that was so, but that he could repay me—I said, "Whose nature is that on the contract, is the Duke of Rovigo really you partner?"—he said. "No'" and he asked me to save him for the sake of wife and mother—I did not charge him then—he said he would repay—I left him towards the end of the month, but about January 19th ailed at the police station where I found him in custody on another charge—I then charged him.
Cross-examined by the Prisoner. I did not issue a warrant against you because I had promised not to prosecute you—I do not know the Duke Rovigo or any of his business—I do not think there is anything in contract about music—I did not know that you were in money diffi-Culties—I made inquiries about you—I did not pay you the money until you had made some statements, which appeared to be proved by cash book—you submitted the contract as that of the Anglo-American indicate—I did not steal the cash book out of your bedroom, I never it into your bedroom—I parted with my money on the strength of statements—youdid not suggest that I should become a partner—I made a point of my not having any money to invest, and that any money parted with was to be on deposit, and you said, "We are quite independent with regard to investments—I do not know if you applied to references—one of your conditions was that I should allow my name appear on the note paper by the side of yours—some paper was ordered, the order was not executed—I conducted the business for about a before I paid the money—I made a strong protest at the way it conducted—I wrote this letter to you, dated December 14th, 1902 Stating that the tidiness agreed that the agreement should have been signed before; and that he had not come into contact with a single item relative
to the management of the syndicate.)—I asked you next day if you had received my letter, and you said. "Yes"—I engaged Mr. Medcalfe, the advance manager, and fixed his salary at your request—I did not engage anybody else—when I gave you the £150 I asked you for some money in advance against the expenses I had paid for you—when you came back from the bank you gave me £10, asserting you had paid the money in—I did not order any books without consulting you—I bought a cash book after consulting you—I went to Brixton Theatre with you while rehearsals were going on—you asked me if I had any money, and I gave you £6, which you returned to me—I did that as a friendly act—when the "Sousa Girl" was produced in London it was not a success to my idea—you tried to explain to me that the words "Received Royal commands" meant that you had been ordered to submit one of your plays to one of the Royal family—I did not read any of the criticisms—this (Produced) is your draft of the agreement in your writing, so you must have seen it—you sent it to me with this letter dated December 2nd—(Stating that he enclosed the draft, and that the witness was to make a note of anything he did not like in it.)—when we were at Eastbourne I did not say, "I cannot stand this, give me what money you have left and I will go home to my wife"—my wife was fortunately never mentioned in your presence—I did not wire to the bank to ask how much money was left; I asked them if my money had been paid into the proper account—you did not tell Medcalfe to come to me for his wages—you told me to get rid of him because he pressed you too much—I do not know how many of the artistes pressed you—I did not see you pay them—I requested some security against my money—you offered me a paper saying that you conceded to me the rights of the "Sousa Girl" and some furniture—I never used any threats towards you—I told the manager that the property of the company had been conceded to me and that he was not to let anything go without my knowledge—the rights of the "Sousa Girl" did not amount to 2d. in my opinion—I went to the composer and demanded the music—I got it and handed it to you because I wanted to get rid of it—none of your securities were worth the paper they were written on—I have not got back one farthing of my money—you handed to me what was supposed to be your mother's will, and said you would concede to me certain money out of it—I saw your mother and she withdrew your promise, so your document was useless—your mother asked me if there was any fraud, and I refused to answer the question—there was a clause in the agreement that I was to have 10 per cent, of the profits of the syndicate; there was no stamped agreement—the agreement was given to you to get the Duke of Rovigo's signature, and to get it stamped, and it was with great difficulty that I got it again, because you wanted to do away with it.
HOWARD CRUNDEN CLEAVER . I live at Tower House, Regent's Park, and am a friend of the Duke of Rovigo; he is a Frenchman; he is a confirmed invalid; I know his writing; the signature on this agreement is not his or like it, he signs, "Savary de Rovigo"—I was present at I think all the interviews between the prisoner and the Duke—it was
generally understood that the Anglo-American Syndicate was to be promoted—I do not know if it was specifically mentioned—the Duke was never asked by the prisoner to be a partner; he was not a partner or interested in it in any way.
Cross-examined. The Duke did not compose music for the syndicate, he allowed some music which he had to be used—I believe it had to be altered—I believe you had letters from him—the prosecutor never communicated with me or with the Duke, that I am aware of—all the communications between you and the Duke were in connection with the music to be introduced into the play for the Duke's daughter.
By the COURT. The Duke is a rather well-known musical amateur in France.
WILLIAM REGINALD SMELL . My address is 17, Wool Exchange, and I am one of the committee which manages the Mutual Depositors' Banking Company, which is a banking society—the prisoner had an account there in November; this (Produced) is a certified copy of it—it was opened on November 17th with £32 10s., which was drawn out by cheques—on December 18th the balance was 12s. 7d., and on that day £135 was paid in—that was drawn out by various cheques and the account was reduced to 8s. 8d. on December 23rd—nothing else was paid in, except £1 1s. on November 29th—we had no account with the Anglo-American Syndicate; the prisoner had no other account there.
Cross-examined. I knew you were the principal of the Anglo-American Company—I told you to try our bank—you said you had transactions with another bank—I did not know Mr. Friend was with you until you paid in a cheque for him—our secretary did not know that Mr. Friend was a partner with you—I do not know how much money you had in any other bank or the name of it—we trusted you with an overdraft.
ARTHUR ALLEN (Police-Sergeant T.) In February I saw the prisoner in High Holborn; I arrested him on a warrant for another offence; I took him to Hammersmith Police Station and charged him; I found some agreements and other documents on him; I did not find the agreement between him and the prosecutor on him.
Cross-examined. I think I first heard from Mr. Friend about February 14th or 15th—it was not in January.
WALTER DEW (Police—Inspector T.) I saw the prisoner at West London Police Court on February 20th, and I told him he would be further charged in connection with this case of Mr. Friends—he said, "Very good"—when the charge was read over to him he made no reply.
The prisoner, in his defence on oath, said at the prosecutor had agreed to become a partner, as he (the prisoner) had no money: that he drew up an agreement between himself and the prosecutor, but not the one produced which the prosecutor had got; that the one he had drawn up did not include the Duke of Rovigo as a partner; that the Duke's signature was not there: 'that the draft produced was not in his (the prisoner's) writing; that there been no fraud, as the money had been invested on the merits of the "Sousa Girl:" and that the prosecutor was swearing falsely. He admitted that
he had been convicted of obtaining goods by false pretences at Lewes on April 3rd, 1900, and three times previously.
Evidence for the Defence.
WILLIAM JOHN RIDSDALE . I am a chemist and dentist of 79, Arthur Street, King's Road, Chelsea—I am trustee under your mother's will—she is living—I know that the prosecutor has seen her—I was present at the interviews—you told me that he was your partner, and that you were going to run the "Sousa Girl."
GUILTY . He then PLEADED GUILTY to a conviction of obtaining goods by false pretences at Lewes, on April 3rd, 1900, and two other connections were proved against him. Five years' penal servitude.
NEW COURT.—Monday, March 30th, 1903.
Before Mr. Common Serjeant.
327. THOMAS SOAR (37), PLEADED GUILTY to two indictments for forging and uttering requests for the delivery of 2,000 cigars and 1,000 cigarettes, also to unlawfully obtaining the said goods by false pretences. Six months' hard labour.-
(328) JOHN WILLIAMS (20) and WILLIAM JAMES (20), to robbery with violence on Elizabeth Hunt, and stealing a purse, 13s. 9d., and three postage stamps, the said WILLIAM JAMES also PLEADED GUILTY to robbery with violence with a man unknown on Clara Russell, and stealing a satchell and other articles, and £1 11s. in money. Three years each in penal servitude. — [Pleaded guilty: See original trial image.]
(330) ROBERT FREDERICK SOMERFIELD (24) , to two indictments for forging and uttering orders for the delivery of cigars with intent to defraud.(See next case.) [Pleaded guilty: See original trial image.]
MR. BOYD, Prosecuted.
CHARLES FREDERICK BAGLIN . I am clerk to Lusby and Co., of 22, Minories, manufacturers of cigars and cigarettes—on March 7th, Stillwell, who I knew, showed me this order, "Supply bearer with 500 Garcia Barita cigars"—our firm knew the writer as a customer, but, as we had not got those particular cigars, I told Stillwell that we had only get Garcia Seletos—he said, "I will take 500 of those," and signed this receipt and went away—he returned that day and said, "Will you let us return this 500, and have these, pointing to the list, as I have an order from the Carlton Club"—I gave them to him, and he said, "I will keep the others 500 in stock," so that he had over 1,000 cigars, price £18—he signed exhibit D for the second lot—I saw the prisoner Stillwell alone four or five days afterwards, and have not the least doubt he is the man.
Cross-examined by Stillwell. I am certain you are the man.
of 219, New Kent Road—on March 17th, Somerfield pledged with me eight boxes containing 50 cigars each—I gave him a special contract which he signed, "For Harry Mitchell, George Mitchell," and next day he pawned more cigars in the name of Mitchell, on which I made an advance.
Cross-examined. There were nineteen boxes of one sort and one box was different—I had never seen you before.
CHARLES SEARLE . I am a tobacconist of 10, Market Parade, Finchley, and before that at 352, Cold Harbour Lane—this signature, Charles Searle on Exhibit B, is not mine nor written by my authority—I do not know either of the two prisoners, and never gave either of them authority to get cigars for me.
WILLIAM MILLER (City Detective Sergeant.) On March 24th I arrested Stillwell at Cold Harbour Lane—I told him he would be charged with a man named Somerfield for forging; and obtaining cigars from Messrs. Lusby, of 22, Minories—I showed him Exhibit B, and said, "This order I have obtained, I know now that you did not write it, as Somerfield has admitted writing it and handing it to you"—he was then charged.
ROBERT FREDERICK SOMERFIELD (The Prisoner.) I have pleaded guilty to forging this order—Stillwell was there, and saw me write it at the post office opposite the Tower about March 7th—I handed it to him and told him to take it to Mr. Lusby—we went into the post office together—I waited for him at the top of the Minories, and he came back with 500 cigars—I said, "What shall we do with them, shall we pawn them?"—he said, "Yes, if you like"—I took them from him and took them to the pawnbroker's and got the contract, Exhibit E.—I gave my name, Harry Mitchell—Stillwell waited outside while I went in—when I came out I told him I had got £3 10s., and gave him some of it—it was then past 2 o'clock; we waited ten minutes or a quarter or an hour and then he went to Lusby and Co. and got another parcel, which we pawned the next lay and divided the money.
Cross-examined by Stillwell. You waited for me the first time not quite outside the pawnbroker's but a little way down.
Stillwell defence. On March 17th, I never left home till 10.30; I left word that I should be back at 12; I came back and some friends came in, and I went out with them and came back at 2 o'clock.
STILLWELL, GUILTY of uttering.
He then PLEADED GUILTY to a conviction on January 27th, 1902. Eighteen months' hard labour . Four previous convictions were proved against SOMERFIELD. Fifteen months' hard labour.
WILLIAM MILLER (City Detective Sergeant.) On March 3rd, about a.m., I went to Eden Fisher and Co.'s in Fenchurch Street and gave instructions to Morray Rayner, and made up this parcel—I told the prisoner he was charged with inciting a lad, Morray Rayner, to steal
metal, the property of Eden Fisher—he said, "I never told the boy to make up a parcel"—I did not make a note at the time of what he said.
FREDERICK BLIGH (City Detective.) On March 3rd I was just outside Eden Fisher's premises about 7.45 a.m., and saw the prisoner and the boy in conversation for five or six minutes—the boy handed him a parcel in a bag, and then went inside—the prisoner walked to High Street—I kept observation on him at about sixty yards—I stopped him and asked him what he had got in the bag—he said, "Some stuff," and turned his head towards Leadenhall Street—I said, "What is this bag?"—he said, "I don't know what it is, I have not looked at it; I was told to do that"—I asked the boy what he had given to the prisoner, he said, "Nothing'—I took the parcel out of the bag—he said, "I did not ask the boy to bring me the parcel, I told him if he had any glue I would have it'—I told him he would be charged with inciting the boy to steal—he said "I did not incite him to steal"—I took him to the station, where he was charged.
MORRAY RAYNER . I am 15 years old, and am errand boy to Eden Fisher of Leadenhall Street—I have known the prisoner a month—I saw him one morning about 7.45 at the corner of a court leading to the workshop—he asked me if I could do something, and asked where the other boy was—had left then—I said, "I will give you something"—he used to come to the place and see me for about four weeks; he asked me to give him something, and I said that I would—that was something which Bligh the policeman had made up for me—the prisoner said the first time, "I will give you some money"—that was the only time he mentioned money—the first time I saw him he asked me to get a letter out of the dirt box—I got him nothing before the occasion when the policeman made the parcel up—I did not tell him any day when he was to come—I did say, "Come about Wednesday, and I will give you some"—that was the day when the detective had been spoken to. And he said he would come on Thursday, and then I gave him this parcel.
Cross-examined. You have asked me to get you things from the firm it was another boy who would come and fetch the dirt box.
By the COURT. What I call "lino, metal" is Lynotype metal—a certain amount of waste goes into the dirt box—there is about 1/4 cwt. Of metal in the boxes at one time—I knew that the parcel was made up—the detective instructed the boy to give it to the man—I never saw the prisoner about the works.
The Common Serjeant considered that as the parcel was made up by the prosecutors and given to the prisoner, he could not be said to have stolen it.
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Tuesday, March 31st, 1903.
Before Mr. Justice Kennedy.
MR. MUIR, MR. BIRON, MR. LEYCESTER and MR. STEPHENSON Prosecuted; and DR. COUNSEL Defended.
MARY ANN HOGMAN . I am the wife of Andrew Hogman, of 97, Sutton Street. E.—the deceased was my aunt, and had been married to the prisoner nine years, but they had been living together as man and wife for six years previous to that—they had been living at 27, Lucas Street during the last two years—my aunt was employed by a firm of seed sorters in Houndsditch—the prisoner is a coal porter—the deceased was 37 when she died.
Cross-examined. I have seen the prisoner often during the past two years—he occasionally took drink, but was very quiet when sober—my aunt did not indulge in drinking, she used to be at work till 8 p.m.—the prisoner was very kind and affectionate to her when sober, it was only in drink when rows occurred.
Cross-examined. I live at 22, Albert Street, Caver Street, Shadwell—I knew Mary Donovan, I worked with her at the time of her death—Saturday, March 7th, we came home from work together at about I o'clock—we called at two public-houses and (had two glasses of ale ach—I left her between 5 and 5.30.
Cross-examined. I live at 29, Dean Street—I knew the deceased—was with her on March 7th from 5.30 to 6—I had a glass of ale with her in the Spencer Arms—I did not go with her to the Crooked Billet.
Cross-examined. I live at 30, Hugget Street, Commercial Road—knew the deceased—I saw her on March 7th about 6.30—we went into the Crooked Billet and had a quartern of gin between three of us.
Cross-examined. I live at 9, Juniper Street, Shadwell—I was with the deceased on March 7th from about 6.30 to 7.30—we went into the Crooked Billet and had a quartern of gin—she did not" have anything to eat while with me.
ELLEN WHITE . I am the wife of George White, of 27, Lucas Street, commercial Road—we occupy the first floor back room—the prisoner his wife lived in the first floor front room—they had been there years—they had a jangle now and then, but not very often—I saw deceased once last summer after they had had a quarrel—her head's bleeding, and I took her to the hospital—on March 7th, between and 9 p.m., the deceased came into the house—she fell on the landing
outside my door—I helped her into her own room and sat her in a chair by the head of the bed, so that her arm rested on the pillow—she was drunk, she could not walk without help, and her speech was rather thick—I lit the lamp in the room and put it on the table by the wall, and then went into my room—I stayed there about three minutes, and then went to Watney Street Market at 9.10 to purchase some things—the prisoner had not come in then—there were other people lodging in the house, but they had gone out.
Cross-examined. The prisoner and his wife were on very good terms when sober—they only quarrelled when they had been drinking—I have seen the deceased the worse for drink—on Friday, March 6th, I believe she went to a mission at the Catholic Chapel in the Commercial Road—I do not know where she was on Thursday, March 5th.
Re-examined. In the ordinary way she was a sober woman.
JULIA LEE . I am the tenant of 27, Lucas Street—two years ago last February I let the front first floor room to the prisoner and his wife—on March 7th, about 9.15, I was in my kitchen at the basement of the house—the prisoner came down to me and said, "I have done something, I believe I have done it"—I said, "What have you done"—he said, "Go upstairs and see"—I went upstairs and he followed me—I went into the room' and saw Mrs. Donovan lying on the floor with her head by the side of the bed and her feet towards the window—I saw a quantity of blood on the floor and told the prisoner to go quickly for a doctor—he did not return, and I went for Dr. Spurr and returned with him—the room was in the same condition as when I left it—it was not in confusion—when the prisoner spoke to me he seemed very excited.
Cross-examined. On March 7th I first saw him, about 4 p.m.—he appeared as if he had been drinking—he and his wife were very quiet and comfortable, when sober.
JOHN WILLIAM LYNCH . I am a registered medical practitioner of "372, Commercial Road—on March 7th, about 9.15 p.m., the prisoner came to my surgery and said, "I want you to come round with me to Lucas Street, as I have assaulted my wife; she' is losing a great deal of blood. "I said, "I cannot come with you, as I have three other cases that I am going to now, if it is anything urgent you had better go for someone else."—he said, "You mean you won't come"—I said, "It is not a matter of won't come, it is a matter of can't come. It is impossible for me to come with you"—he then went away.
Cross-examined. I considered him to be sober—I did not notice that his breath smelt of drink—he pressed me very hard to go and see his wife—I had never attended her.
FREDERICK SPURR . I am a registered medical practitioner of 427, Commercial Road—on March 7th, at 9.20 p.m., I was called to 27, Lucas Street—I went into the first floor front room, and saw the body of a woman lying on the floor dead—there was a quantity of blood on the floor—I examined her at the time, and found she had a punctured wound in the left side of her neck, behind the jaw and under the ear—I noticed the condition of the room at the time, and the position of the furniture
agrees with the position shown on the plan—the room did not present the appearance of having been disturbed by a struggle—the body was lying with the head by the bed, and the feet extending towards the window—there was crockery upon a table in the middle of the room, also two table knives—I examined them—there was no sign of blood upon either—neither of them were rigid enough to inflict the wound—I sent for the police, and Inspector Holland and Dr. Grant, the Divisional surgeon, came—on March 9th, in the presence of Dr. Grant, I made a post-mortem examination of the body—I then found another wound on the right side of the head—its upper extremity was on a level with the top of the ear—the wound in the neck penetrated to the pharynx, and in its passage wounded the carotid artery—it was three inches deep, and was the cause of death—a considerable amount of force would be necessary to inflict the injuries—I saw no signs of a struggle on the body—I examined the stomach and liver, and found nothing abnormal; the organs were all perfectly healthy—there were no signs of chronic alcoholism.
Cross-examined. The stomach was almost empty—the condition in which I found the body at the post mortem was quite consistent with her having been intoxicated on the night of the 7th—hemorrhage was the primary cause of death—the wounds might have been caused by a worn table-knife used for cutting wood—the wound on the right side of the head at the back was more than a scratch, but it was not dangerous—the wound on the left of the neck could not have been caused by her falling against the knife if it was held in a person's hand behind her back, because its direction was from above downwards.
By the COURT. Neither wound could have been self-inflicted.
CHARLES GRAHAM GRANT . I am divisional surgeon to the H. Division of police—on March 7th I was called to 27, Lucas Street, about 10 p.m, where I saw the body of the deceased—I have heard the evidence of Dr. Spurr, and agree in a great measure with his evidence—about 11 p.m. the same night I saw the prisoner at the police station, he was intoxicated, but his answers were coherent, he understood what I said to him and replied in a defensive manner—his hands showed signs of having been recently washed—on March 8th his clothes were brought to me—I found three small red stains on the right shirt sleeve—I tested them, and believe them to be blood.
THOMAS WHITE (201 E.) Soon after 10 p.m. on March 7th, I was on duty in High Street, Shadwell—I received a description of a man who was wanted for stabbing his wife at 27, Lucas Street—about 10.30 I saw the prisoner in High Street—I arrested him, and told him he was wanted for a case of murder—I knew him by sight before—I did not tell him anything about the murder—I did not know who he had killed—he said, "Is that so?"—I took him to the station and searched him—no knife was found on him.
Cross—examined. He had been drinking heavily—he was not so very drunk, but he was drunk.
presence of what he said to me—he volunteered all the statement—he said, "I know what I am here for, I am done; I shall be topped, I know that the job was a good one; she is gone, let her go easy. I know I have got to go through it; I shall not be a coward when it comes. They are looking for the knife; they will never find it. I threw it in the ditch, you know where I mean, the Thames."—I was present when he was charged next morning—he made no reply to the charge.
Cross-examined. He was not charged at all on the Saturday night—he was under the influence of drink, but he was not what I should term very much under the influence of drink.
JOHN HANDS (43 H.R.) On Sunday, March 8th, at 12 p.m., I was in charge of the prisoner in the cells—he said, "When did she die?"—I replied, "Last night"—he said, "I took up the knife, and I done it in the heat of passion"—I made my note at the time—at 7.40 p.m. the same day, he made a voluntary statement to me in the cell, he said, "This will be the death' of my poor old mother. That is what booze does for you. I went home boozed. She flew at me, I picked up the knife off' the table quick, and it was done in a minute. I did not mean to do what I have done. I threw the knife away afterwards."
Cross-examined. I did not see the prisoner when he was brought to the station.
GUILTY of manslaughter . Twenty-one previous convictions, several for assaults, were proved against him. Twelve years' penal servitude.
NEW COURT—Tuesday and Wednesday, March 31st and April 1st, 1903.
Before Mr. Recorder.
MR. BIRON Prosecuted.
DANIEL WILLIAM HOSIER . I am a postman attached to the Northern District Post Office—on March 21st I had a registered letter to deliver addressed, "Mrs. E. C. Bruin, 21, Benyon Road, Southgate Road, London, England."—this is the envelope (Produced.)—it has the Natal postmark on it—on my way to deliver it I lost it out of my pocket—I reported the loss to the address on the envelope, and also to the Post Office.
Cross-examined by the prisoner. I did not encounter anyone on the way, of your appearance—Hoxton is a big market place.
ELIZA HANNAH BRUIN . I live at 24, Lawrence Road, Bow—am the wife of Edward Charles Bruin, who is in business at Pietermaritzburg. Natal—he is an accountant's clerk—he is in the habit of remitting a weekly allowance to me—the letters are sent to me to the care of a cousin of mine, Mr. Coombes, 21, Benyon Road, Southgate Road—on March 21st I was expecting a letter from my husband, containing money—it did not come
and I had a communication about it from the postman, in consequence of which I went to the Coborn Road Post Office, and asked them to stop the money order—the name,"E. C. Bruin" on the money order produced is not in my writing—I never authorised anyone to put my name there—I never saw the prisoner before I saw him in custody—there is no truth in the story that I bought a pair of scales from him, or that I could not pay him for them, then because my husband was in Natal.
Cross-examined. Nobody was aware, other than Mr. Coombes, that I was about to receive a remittance from my husband.
KATE ETHEL ROGERS . I am an assistant at the post office, 94, Coborn Road—on March 21st the prisoner presented a money order for payment—as we had not received the advice to pay it, I told him to call again, which he did the same evening—we had not then got the advice—he called a third time on the Monday, about 10.30 or 11—the advice had by then arrived—the police had been communicated with, and the prisoner was handed over to them.
Cross-examined. You never told me you got it from Mrs. Bruin in payment of scales—I asked you whether you were a relation, you replied, "No."
ELIZABETH MAUDE FERGUSSON . I am a clerk in the chief London money office—on March 21st I received in the course of my duty a letter from the Natal Post Office containing the list of money orders which is now before me—that contains a note of the order which is the subject of this charge—there was a separate advice referring to that order—that advice I sent to the Coborn Post Office.
WILLIAM BROWN (Detective Sergeant-.) On March 23rd, I saw the prisoner at Bow Police Station—I told him he would probably be charged with stealing a money order and forging and uttering it—he replied that a woman with a lad came up to him as he was coming out of his house, and said the scales that he was carrying were just the things* she could do with, that she took the scales, but said she could not pay him in cash as her husband was in Natal; that she had a letter in her hand and handed it to him containing a P.O. order, and he went to Coborn Road to try and cash it and to find out if the woman's statement was correct—I asked him her name, he replied that he did not know.
Cross-examined. You tried to find the letter in a bag you had with you, but could not.
Prisoner's defence. "I was finishing off two pairs of scales for a firm I work for, and was just taking one of them out of my house when a woman approached, saying she was about to open a business, and wanted two pairs of scales. I replied that I had only one finished, but could let her have another pair in a day or two. She said if I could accept a P.O. order for £2 10s. in exchange she would settle for the two pairs, producing from
her pocket a registered letter, telling me her name was on the envelope. She stated that she could not read or write. I did not think there could be any harm in putting the name on the order as she gave me the letter with the assurance that she lived at the address on the envelope. I had no intention of committing a forgery."
GUILTY . Two days' imprisonment.
337. ARTHUR DAVIES (46) , Obtaining by false pretences divers sums of money from the Army and Navy Co-operative Society, Ltd., William Whiteley, Ltd., and the Civil Service Supply Association, Ltd., with intent to defraud.
MR. HUTTON Prosecuted; MR. DAVID WILLIAMS Defended. JAMES ROBERT LAUGHLAND. I am a cashier at Whiteley's, Queen's Road, Bayswater—on January 19th, the prisoner came to me and requested me to cash a cheque for £5 as he was about to buy some goods—I cashed it believing it to be a good one—it was returned from the bank marked "No account."
Cross-examined. It was first returned marked "Refer to drawer"—it was again sent to the bank and returned with the words "Refer drawer" scratched out, and "No account" written on.
ALBERT HORACE FIDDLER . I am a cashier at the "Army and Navy Stores—on February 4th the prisoner came to me; he said he was making some purchases and wished to pay by cheque—he gave me this cheque (Produced) written on a half sheet of paper—it was not cashed, it was taken in payment for goods, and the difference in price, £1 6s. 5 1/2 d., was handed to him—I believed at the time that it was good and that he had a banking account—it was returned marked "No account."
Cross-examined. I cashed it on the order of my superior officer, Mr. Spencer.
FREDERICK SPENCER . I am assistant cashier at the Army and Navy Stores—Fiddler gave me the cheque marked "A," for £2—he gave the name and number of a customer of the Stores—upon that I gave the cashier permission to cash it—it was passed through the bank and returned marked "No account."
Cross-examined. We are very careful about—transacting business with strangers—we require a person to be a ticket holder, but he can introduce a friend as long as he gives a correct ticket number and name—we should not have cashed the cheque for this man if he had not given the name of a shareholder or the ticket number, nor if we had not believed it to be a good and valid order for payment of money.
EMILY JACOBS . I am one of the cashiers at the Civil Service Supply Association, Queen Victoria Street—on February 13th the prisoner presented a cheque for £3 in payment for tobacco, which I cashed—I gave him £2 4s. in change—it was paid in and returned, marked as it is now—the prisoner came again on the following Monday and asked me to change another cheque, which I refused to do.
Cross-examined. I made no enquiries to ascertain whether the ticket number on the bill was correct, nor did I ask him whether he was able to meet the cheque.
JAMES MORGAN . I am manager of Lloyds Bank at Brecon, South Wales—I knew the prisoner twenty-five or twenty-six years ago—he had no account at the bank—he was a neighbour of mine at the time—I remember the three cheques in question being presented for payment to the bank—the prisoner had no authority whatever to draw upon our bank.
Cross-examined. I have known Mr. David Evans, of Brecon, who has been trustee for the prisoner, for many years—I do not know what amount the prisoner is entitled to under his father's will, nor do I know that there has been a dispute between the prisoner and his trust as to the income from the trust—the bank does not collect the dividends due to the trust.
Re-examined. Mr. David Evans never authorised us to honour the prisoner's cheques.
GEORGE SMITH (Detective A.) I saw the prisoner detained at Kensington Police Station—I read the warrant to him—he replied, "All right, but I shall deny the false pretences"—I conveyed him to Rochester Row Police Station—he made no reply in answer to the charge.
Cross-examined. He was known at the various addresses he gave, at each of which he had been for a short time.
The prisoner, in his defence on oath, stated that he was a schoolmaster; that he dried the cheques believing there was money due to him, which would be paid to his account.
GUILTY . Twelve months in the Second Division.
338. ANDREW KNOS (60) , Feloniously having in his possession certain bonds and valuable securities which had been stolen in France, Belgium, and other places abroad, well knowing them to have been stolen, and without lawful excuse.
MR. MUIR and MR. LEYCESTER Prosecuted; MR. NEILSON and MR. PERROTT
MICHAEL THOMAS KAYS . I am a bill broker, of 77, Thornhill House, Offord Road, N.—I had for some years an office at Finsbury Pavement—I was introduced to the prisoner in January, 1903—he has an office at 2, Tokenhouse Buildings—he was introduced to me in connection with he negotiation of a bill of exchange for £5,000, which came to nothing—while the negotiation was going on he asked me whether I could deal foreign bonds, raise money on them or sell them—I said I could if hey were genuine and not forgeries—he replied that they were genuine—this conversation took place at his office—he brought some bonds of he Chemin de Fer de Lyon a la Mediterranee to me on January 6th for 00 francs each—there were' ten of them—I had another conversation nth him about January 10th at his office—he asked me whether I could deal in the bonds—I replied that I could go to my banker or stockbroker
—he said that I must not do that as there was" opposition" to them—on the 16th I called again, and he told me that they were illegally acquired, in fact stolen, and I must not go to a bank or stockbroker; I must get a friend to advance money on them, and if the coupons fall due he or I must go and pay the interest on them, release the coupons and destroy them—he further said that he had twenty-five Brussels Corporation bonds of 500 francs—I made no reply, the matter dropped, and I left—I then communicated with the police—on January 19th I saw him again, and he showed me a list showing that the Brussels Corporation bonds were at a substantial premium—he told me at the interview on the 16th that the owners of the bonds would very often pay a third or fourth of the face value to recover them, but that it was a very dangerous proceeding—on January 20th I received a letter from the prisoner written on Grand Hotel paper, in these words—"Grand Hotel, Trafalgar Square, London, W.C., January 20th, 1903, 8.30 evening. Dear Sir,—I received your letter on arrival this morning at my office, and I waited from two to four o'clock for you. Please note that all goods are to-day ordered at a much higher price, and I cannot offer you anything after to-morrow at least. If you and your friend wish to deal it must be all settled to-morrow," and so on—I saw him on the 21st at his office—I told him I had a friend who was going abroad the following Saturday, who would deal in these securities—he said, "Get him to stop for another week, as he can do a very big business to the extent of thousands of pounds worth of securities"—he gave me a further list in writing of securities which he had the control of—I returned it to him and he tore it up—I asked him to introduce me to his principal—he said that was impossible; he would not be identified in the matter for a thousand pounds—at that interview he a-asked me what money my friend had at his disposal, and I said he could always find £500 or £600—I asked him for a sample of the bonds to show my friend—he gave me one of the Mediterranean bonds No. 13,500—he said he could only part with it against cash or security, so I left a certificate for 100 £1 shares with him—I took the bond away and handed it to Inspector Phillips on the 21st—on the 23rd I got another letter from the prisoner also on the Grand Hotel paper, making an appointment at Cannon Street Station, and stating that he had had a long interview with his people, and that £225 would be accepted for the ten bonds and the twenty-five, provided the matter was settled by 11.30—£225 had been agreed upon the previous afternoon—in answer to the letter I met him at Cannon Street Station—he said he had the eleven bonds with him, and also some other bonds—he wanted the matter settled at once, otherwise the business would be off, his people had other channels for disposing of them—I told him I would meet him at his office at 11.30 and bring the £60, the first amount—I met him at his office—he asked me whether my friend was ready to complete the deal—I said, "Yes"—he asked me where he banked—I told him—he said that would be the best place, to meet him at the bank and to settle there—we went into the bank—Inspector Phillips was near by—the prisoner said, "Where is your friend, I have the bonds here with me"—and he placed them on the
counter of the bank—we then went out, and both of us were arrested—I went to Old Jewry where I was released.
Cross-examined. I was introduced to prisoner by a mutual friend for the purpose of discounting a bill for £5,000—I had never dealt in foreign bonds before—the prisoner told me they were gilt-edged securities and I could deal in them—he shortly after told me there was" opposition,' that is, they appeared in the Bulletin Official des Oppositions, so I said I could not in that case deal in them—he asked me whether I could not get a friend to do so without going to a bank, so I took the matter up again—I am an undischarged bankrupt.
JULES FRANCOIS VAN CAMPENHONDT . I live at Ghent, in Belgium—on November 2nd, 1902, I and my family went out, leaving our house unoccupied—when we returned the house had been broken into and a quantity of jewellery and valuable securities stolen, amongst them some bonds of the Commune of Saint Jesse-Ten-Noode—I produce the numbers of them—the bond produced I identify as mine—some of the bonds have been recovered in Ghent, and a trial is now proceeding there with respect to them.
MICHAEL THOMAS KAYS (further cross-examined.) My wife's furniture is charged on bills of sale—I came to England from South Africa about 1892—I was sent over here by a large South African merchant to negotiate the sale of certain property—I first saw the prisoner on January 5th, 1903—he then mentioned to me about dealing in the bonds—on the 16th he told me they were illegally come by—I was very much surprised to hear it—he never mentioned that they were opposed for family reasons—he told me he had got them for some one, but I did not hear the name till after the prisoner's arrest.
Re-examined. Till I came to England in 1892 I had always lived in South Africa—I came over with letters of recommendation from the Premier of Cape Colony, the Attorney-General and other influential people—I came over to sell certain property which I succeeded in doing—it was in connection with the business that my bankruptcy occurred—I never got paid for the property I sold—no offence was alleged against me at any time—I am shortly returning to South Africa—I have never heard of any reward being offered for the recovery of the bonds, and never heard the name of Orban till after the prisoner's arrest.
PIERRE GUSTAVE DON . I am a Commissary of Police in the Department of the Seine-Bois Colombes in my Department—on December 1st, 1902, I was called to the house of Madame Tusseau and found she had been murdered, and her house pillaged and furniture broken up—the papers found at the house were taken charge of by Monsieur Blanc, an official accountant—no reward has to my knowledge been offered in regard to this matter; it is never done except in very exceptional cases—several people have been arrested, one at New York, in connection with the crime, and are now awaiting trial.
PAUL BLANC . I am an expert accountant in the service of the Tribunal de la Seine—on December 3rd, I went to the residence of Madame Tusseau and took possession of all papers and memorandum books—I found
there the memorandum, a photo of which is produced—this states that it is her intention to sell 45 bonds "M.' in order to pay off the 27.000 francs due to the bank, and distribute the rest amongst her tradespeople—I also produce an account book in the same writing—there is an entry of the payment to her of interest on 55 "Medi" bonds amounding to 624 francs. 30 cents.—lower down there is an entry of the sale of 45 "Medi" bonds, which means Mediterranean.
HENRI DELAHAYE . I am a first class clerk in the Bank of France at Paris—I am in the department which deals with loans on securities—Mme. Tusseau was a customer of the bank for over thirty years—in July, 1898, she borrowed money from the bank on the security of eleven bonds of the Lyons and Mediterranean Railway—one was afterwards sold and she kept the other ten—the bonds produced are the ones—they were returned to her when she paid off the loan—I produce her receipt, also a memorandum giving the numbers of the bonds.
Cross-examined. I know the Bulletin official des Oppositions—it deals with bonds that are stopped, whether through being stolen, or lost, or for any reason, such as two people claiming one bond.
EDMOND JOLI . I am a Public Prosecutor, or Magistrate, in France—on November (5th, 1902, I was called to the house of Monsieur Edouard Caron, at Le Mer—I found the house had been broken into and a safe in the bedroom had been forced.
EDOUARD CARON . I am the son of Monsieur Edward Caron, of Le Mer—he is eighty years old and unable to travel to this country—I have seen a number of bonds in his possession—he last showed me them in October—I cannot say what they were—they were in a bundle—he kept them in his safe—in August last I accompanied him to the bank, where he drew the interest on them—the list produced was signed by him at the bank—it gives the number and the nature of the coupons—amongst them are" 10 Ardennes, 20 Obligations ditto. 4 Midi," also "Sud de la France"—I heard of the robbery at my father's house and went there—I found the place upside down, and the safe empty.
Cross—examined. I accompanied my father to the" bank and saw him cash the coupons.
HENRY PHILLIPS (City Detective.) On January 23rd, I and Detective Inspector with other officers kept observation on Mr. Kays', in Cornhill—I first received information about the matter on January 19th—on January 17th I was informed of it by ex-detective Outram—I gave Mr. Kays instructions what to do—on the 23rd I stopped the prisoner and Mr. Kays—I told the prisoner we were police officers, and had reason to believe he had several stolen bonds in his possession—he said "I have no bonds"—I said "I know you have, take them from your pocket"—he took from his pocket the 10 Mediterranean bonds and the Belgian bonds—I said "Where did you get these from and when?"—he said "A man left them at my office several weeks ago; his name is Baron Orban, and the only address I know of his is Poste Restante, Brussels; there was some family dispute, and he left the bonds with me to realise upon them"—I took
both men to the detective office in the Old Jewry, and in the prisoner's presence I said to Kays, "How much has he offered these eleven bonds to you for?"—Kays replied" £60"—I said to the prisoner, "Are these the only bonds you have? '"—he said "Yes"—I repeated the question and got the same answer—I then directed Detective constable Newell to search him, and he took from the prisoner's pocket the four other bonds, which have not been identified in Caron's case—there is one Sud de la France, one Midi, and two Ardennes, different companies, for 500 francs each—I said to the prisoner "How do you account for these?"—he said, "Oh, I quite forgot about these, the Baron left them at my office, with the others"—a publication called the "Bourse de Paris" was found on the prisoner at the same time—I took him to his office, 2, Tokenhouse Buildings, which I searched,—the only thing I found there was the Official Bulletin—he was subsequently taken to the police station and charged with feloniously having in his possession these fifteen bonds—he replied that he got them from Baron Orban—he was taken to the Mansion House Police Court, where he was discharged on January" 30th, and then taken to Bow Street on an extradition warrant, at the request of the French Government—the extradition proceedings lasted till March 2nd, when he was discharged, extradition being refused—he was re-arrested at Bow Street on this charge.
Cross-examined. He was not discharged at Bow Street because there was not enough evidence—I did not know that the prisoner dealt in financial matters, only matches—I have only known him since his arrest—we made inquiries before his arrest and found the bonds were stolen—we compared the number of the bonds, and then made further inquiries which led to the arrest.
Re-examined. Kays showed me the two bonds he borrowed from the prisoner.
JAMES CUNNINGHAM (Detective-Sergeant.) On January 30th I arrested the prisoner when he was discharged at the Mansion House and taken upon the extradition warrant, charging him with receiving certain bonds stolen within the jurisdiction of the French Republic—I read it to him—he said, "In Paris! I have never been to Paris; I do. Not know anything about it"—on the way to the station he said, "I did not know you would arrest me this morning; a man named Baron Orban, whom I have known for many years, and who was accompanied by a man named Vincent, a civil engineer of Switzerland, brought the bonds to me, he owes me £700; the Baron told me these bonds are opposed, but are not stolen; they are the subject of a dispute between his family; if you can dispose of them you can have 50 per cent, for yourself; perhaps you can get some person to lend you some money on them: I do not know where the Baron lives, he travels about the Continent; he and Vincent left London after giving me the bonds; Vincent is a dark man about forty-five years of age, and as tall as your friend"—pointing to the sergeant with me—"I have done business in the City for thirty-five years. His Excellency the Swedish Minister was my partner for three years.".
Cross-examined. He did not say that Baron Orban owed him several hundred pounds—he said £700.
JOHN WHITEMAN . I am a clerk to Keyser and Co., Foreign Bankers, of 21, Cornhill—the price of Chemin de Fer de Lyon a la Mediterranee bonds on January 24th was 648 francs 75 cents, equal to £25 7s. each; of the St. Josse, on January 16th, 97 francs 95 cents per 100 francs, the value of a 500 franc bond would be £18 8s. 9d.—the Sud de la France were quoted at 200 francs, equal to £7 18s. 6d., on January 23rd—the two "Ardennes" shares are quoted at 402 francs 75 cents each, about £18 6s.—there is no market or quotation in London for foreign bonds of this kind, they would have to be sent to the Bourse in Paris and sold there—nobody would have anything to do with bonds which were opposed—the bonds mentioned in the Opposition are not worth anything at all to deal in.
Cross-examined. They are too dangerous to deal in.
OSCAR EDWARD WESLER . I am a clerk, and have a small business besides—I know the prisoner—last summer he spoke to me with regard to a French bond—he wanted me either to buy it from him or sell it—it was a French Rente—I asked him why he did not sell it himself—he said it required one to be personally known to the buyer to sell it—I took it to a French bank in Cannon Street—they sold it for me—they gave me first an advance and then the balance, which I handed to the prisoner—I got no commission, but he repaid some small amount he owed me—later on he asked me to dispose of a similar bond, a French Rente, which I sold through the same bank, and handed the money to him—he told me he got it from Baron Orban, who was a man of good standing, a brother of the late Prime Minister of Belgium—a few days afterwards I received a communication from the bank, in consequence of which I saw the prisoner, and told him he must go with me to the bank and explain matters—the bank told me the bond was valueless as it had been replaced by the French Government as lost—he said he would write to the Baron and get it settled—I impressed him very much with the necessity of doing so as it was a case very likely of stolen bonds—I do not remember what he replied, but he seemed quite confident that it was all right—he gave me this indemnity (Produced) relieving me of any responsibility attaching to the sale of the Rente—it was worth about £57.
Cross-examined. The first bond which came from Baron Orban went through without any question—I had only the two transactions with the prisoner—I stated at the police court that he said, "I have not the slightest doubt about the man"—I have known the prisoner for about forty years, he has very likely been in London about thirtyfive years—I have never heard anything against his character.
ARTHUR WILLIAM EARTHY . I am managing clerk to Messrs. Foss, Ledson and Blount, solicitors, of Fenchurch Street—we were instructed by the French bank to inquire into the matter of the French Rente, payment of which had been stopped—I saw the prisoner on October 14th, 1902. about it—he informed me he had got this bond from
Baron Orban, who called at his office, stated that he was pressed for money and asked him if he could sell it for him, that he told him it was out of his line, but he knew a gentleman named Wesler who would do it for him; that Wesler sold it for him and handed him the proceeds, and when he ascertained it had been stopped that he communicated with the Baron, who had written to him saying if he would get the Rente back again he would forward the money; that he saw the bank authorities, and they told him the French officials had got it and would not part with it; that he subsequently promised to write again to the Baron and press him to do something to give the money back, but that in any event we should not be the losers; whoever had put the stop on the Rente would, sooner or later, have to remove it, or else there would be an action and the Bank would get the money back—we did not hear from him—he came and saw me again on November 4th, and said he had heard nothing from the Baron; and I said our instructions were to sue him—he said it was useless as he was an undischarged bankrupt and had got nothing—we did not take any steps, we thought it was useless.
Cross-examined. He said he would try and get the money back, but did not say from his principal—he did not use that word.
The prisoner, in his defence on oath, stated that he had been thirtysix years in this country, and had carried on business in the City of London all that time as a merchant; that he had considerable business dealings with Baron Orban between 1892 and 1896, the latter becoming indebted to him for £200 or £300; that in January, 1903, he brought him some bonds, and asked him to arrange a loan on them; that they were opposed for family reasons, and it was very awkward to sell them; that he never told Kays he had large quantities of bonds to dispose of; and he never said that they were illegally acquired or stolen; and that he never attempted to sell these bonds to Kays; that he had no knowledge that these bonds were stolen, and only dealt with them to oblige Baron Orban. He received a good character.
GUILTY . Five years' penal servitude.
THIRD COURT.—Tuesday, March 31st, 1903.
Before Mr. Common Serjeant.
337. CHARLES JONES (26), PLEADED GUILTY to stealing a box and £1 14s. 6d., the property of William Price , having been convicted of felony at Clerkenwell, in January, 1900, in the name of Charles Wright. Four other convictions were proved against him. Four years' penal servitude —
RALPH also PLEADED GUILTY to feloniously wounding Samuel Albert Escott with intent to do him grievous bodily harm. They also PLEADED GUILTY to convictions of felony, Ralph at Clerkenwell in February, 1903 and Parkes at Kingston-on-Thames
on April 12th, 1902. PARKES, eighteen months' hard labour; RALPH, Five years' penal servitude. [Pleaded guilty: See original trial image.]
(343) CHARLES DOUGLAS REGINALD WARD (24) , to stealing two cheques for the payment of £1 2s. 6d., and £10 16s., the property of Fullers, Limited, his masters; also to forging and uttering a receipt for £10 16s., and an endorsement on a cheque for £1 2s. 6d., with intent to defraud, having been convicted of felony at Marlborough Street, on April 13th, 1900. Three years' penal servitude. [Pleaded guilty: See original trial image.]
MR. J. CAMPBELL Prosecuted.
HARRY BOTLEY (921 City.) On March 20th, about midnight, I was on duty in Leadenhall Street—I heard a crashing of glass, and ran into St. Mary Axe, the next turning—I saw the prisoner standing by Messrs Salmon and Glucksteins shop window at Nos. 2 and 3, St. Mary Axe—I saw a large hole in the window—the prisoner had both hands inside it—he withdrew one hand and placed something in his pocket—seeing me approach, he took some pipes from his pocket and dropped them on the pavement—I seized him—I noticed blood on his right hand—he said, "I did not know you were about here, George"—on the way to the station he said, "This is all through getting drunk"—when charged he said, "I quite understand"—another officer in my presence picked up ten pipes, a match box and a pipe rack on the pavement—when the prisoner withdrew his hand from the window I saw the things tumble—he was quite sober—he gave his address at a lodging house in Spitalfields—he was not known there.
Cross-examined by the prisoner. There was no blood on the pipes.
ARTHUR CHARLES FEASEY . I am manager at the branch shop of Salmon and Gluckstein, at St. Mary Axe—I live at 38, Leadenhall Street—I saw the shop locked up on March 20th about 9 p.m.—when I went back next morning, I found the window broken, and the police in charge—the damage to the window was £6—articles were missing value £3 3s. 3d.—the value of the articles taken from the window was 45s.—I have identified those articles while in charge of the police, as the property of my employers.
The prisoner's statement before the Magistrate. "I want to be tried here."
GUILTY . Six months' hard labour.
FOURTH COURT.—Tuesday, March 31st, 1903.
Before J. A. Rentoul, Esq., K.C.
MR. GRAIN Prosecuted.
FRANK KENDALL . I am a meat carrier in Smithfield Market, and live at 45, White Road, Bow—on March 7th, at 2 o'clock, I left my van for about ten minutes, laden with meat in the East Avenue of Smithfield Market—when I came back the lot was gone and I gave information to the police—among other things the load consisted of sheep's carcases and pigs' heads—this lamp (Produced.) was on the van—I afterwards saw my horse and van and part of the contents at Snow Hill Police Station—I do not know anybody of the name of Long Frank.
GEORGE LAWRENCE (Police Sergeant 17 G.) On March 7th I received information, and about 7.45 p.m. I was on duty in the New North Road and saw a horse and van standing outside the Bricklayers' Arms—I went to the door and asked if there was anyone in charge of the van—there were several men in the bar, and they pointed to the prisoner and said, "You are wanted outside"—he came outside and asked me if there was anything wrong with the van—I told him there was nothing wrong, only I wanted to know who was in charge of it—he said that a man had given him a penny to look after it while he went round the corner—I asked him when the man would be back—he said, "Directly," and went back into the bar—I kept observation on him and sent for assistance—when assistance arrived I went to the door again and told the prisoner I should arrest him on suspicion of stealing a horse and van from Smithfield Market that afternoon—I took him to Hoxton Police Station and information was sent to the City Police—on the way he said that a tall man had left it with him—he did not mention "Long Frank."
Cross-examined by the prisoner. You offered to go and look for the man who had left the van with you, but I told you you had better stay and look after the van.
JAMES HENRY RACKLEY (City Detective.) On March 7th I saw the prisoner detained at Hoxton Police Station—I told him I was a police officer, and should take him into custody for stealing and receiving a horse and a van load of meat, valued at about £68, consisting of five carcases, of sheep, four bales of pigs' heads, and a quantity of beef and back fat: he said, "I know nothing about it; a man called 'Long Frank' asked me to mind it and gave me a penny for doing so"—I said, "Who is 'Long Frank'?"—he said, "He used to work for Frank Kendall as a dickey man"—on the way to Snow Hill Police Station he said, "I know the van belongs to Gibbon and Dawson, but the horse belongs to Frank Kendall"—he also said that he had been at the market that morning from 11 till about 2, but had not done any work, that he had been playing at Nap the night before and won over £1—when charged he made no reply—I have made every possible inquiry about "Long Frank," but have not been able to trace him.
GEORGE WALLIKER . I am barman at the Bricklayers' Arms—on March 7th, about 7.45 the prisoner came in with this lamp (Produced) and put it on the counter—he then went out and came back with a pig's head in his hand, followed by three other men—he offered to sell it to a man named Sargent, but Sargent would not buy it—the police then came in and arrested him.
Cross-examined. You offered the pig's head to Sargent for 1s., and he said it was too cheap to be good—when the police sergeant came in you tried to get out by the partition door, but it was locked.
JOSEPH SARGENT . I am a foreman horsekeeper in the employ of the London General Omnibus Co. at Eagle Wharf Road, Hoxton—on March 7th, about 7.45 p.m., I went into the Bricklayers' Arms and saw the prisoner and three other men—the prisoner asked me to buy a pig's head for a 1s.; he said it weighed 14 lbs., and he could sell it cheap because he had two and only wanted one for himself—I refused to buy it—the police then came in, and the prisoner tried to get out by the side door into the next bar, but it was locked.
The prisoner's statement before the Magistrate. "I am not guilty of stealing."
The prisoner, in his defence on oath, said that he was walking along New North Road when "Long Frank" asked him to mind the horse and, van for a minute, and gave him the two pigs' heads, and as he only wanted one he offered to sell the other.
GUILTY . Four months' hard labour.
OLD COURT. Wednesday, April 1st, 1903.
Before Mr. Justice Kennedy.
MR. A. GILL and MR. STEPHENSON Prosecuted; and MR. PERCIVAL HUGHES
EMILY HOWARD . I live at 23, Bygrove Street, Poplar—I know the prisoner, he is a coal porter and lodged with his wife for about two and a half years at my house—they occupied the first floor front room, and paid 3s. 6d. a week—the prisoner had been out of work for two or three months before February 27th—his wife was a shirt maker—she had been out of work for a week—on February 27th, about 10:15 a.m., the prisoner removed their furniture—he came back again, and said, "Missus, 10s. for the lot"—I said, "Is that all?"—he said, "Yes"—their bedstead must have gone, because it was not there after the rest of the furniture had gone—he and his wife then went out and returned in a few minutes, and remained in until the afternoon—they were out all the afternoon—they returned about 6.45—I went out about 8.30 p.m., they were then still in the house having a row upstairs—I could not hear what they were saving—I have often heard them quarrelling—I think they were always drunk on those occasions—they were quiet when not the worse for drink—when they were drunk they were troublesome—I returned to the house about
9.45 p.m.—there was no noise then in the house, but about 10 p.m. the prisoner came down and said, "Missus, will you get a policeman?"—I said, "What for?"—he said, "The Missus has took poison, and I have took poison"—I went and got two policemen, and went with them up to the prisoner's room—the deceased was lying on a mattress on the floor; there was no bedstead there—she did not know anybody—the prisoner was sitting by the side of the window-sill on a chair—I went up into the back room and asked for a glass of water and took it to the policemen—I did not remain in the room for long—I did not see any beer in the house that day—the deceased brought about 1 1/2 pints in a can when they came back from getting rid of the furniture.
Cross-examined. I have never heard the prisoner and the deceased threatening to take their lives—the deceased was an industrious woman—I think being out of work must have preyed on the prisoner's mind—he was anxious to get work, and went out very early in the morning to try and get it—except when they took drink they were—quiet and affectionate, and were always together—I do not know how long they have been married—the deceased told me that the prisoner had got a two years" job, and that he was going to it on the Saturday—when the prisoner came downstairs and asked me to fetch a policeman he did not catch hold of me, or pull me out of the room—before the Coroner I said that he had called me out of the kitchen, not pulled me out—he was very excited at the time, and looked very ill—he was anxious for me to get a policeman as quickly as possible.
Re-examined. The deceased told me about the two years' job about five weeks ago—she said they were going to leave me on the Saturday.
ELLEN JOHNSON . I live at Park Road, Upton Park, and am the wife of James Francis Johnson—I am the prisoner's sister—on February 27th I saw the deceased, she called upon me with the prisoner at 12 a.m.—they asked me if I would buy the things they had to sell—they brought a salt cellar, a little plate, and four likenesses—I did not buy any of them—they said they were out of work, and had made up their minds to go into the infirmary—I said I would buy their sewing machine—they said they would go and get it—they went away, but did not come back—I did not see the deceased alive after that—I next saw the prisoner in Poplar Hospital—I asked him what was the matter with him—he said, "We have both taken poison; she took some and I took some; we had peen making up our minds since Christmas, as we could not get any work: to take our lives"—his face was scratched, I said, "Who done it,"—he said, "She done it"—I did not say any more to him then—I afterwards saw the deceased's body at the mortuary.
Cross-examined. I did not doubt that they were going into the infirmary when they told me—the deceased was sixty-one years old; he is about the same age—I went to the hospital on Sunday, March 1st—the prisoner was very bad; he could not drink anything, and he had a great difficulty in speaking—his mouth was in a shocking state—he seemed senseless, and could not get out any more words—he was not wandering—he did not say under what circumstances the deceased had scratched his face
—all I have said as having been said by the prisoner was not said all at once—he did not explain how it was that the poison was in the room—he seemed so ill I did not like to ask him too much—I next saw him on the Tuesday; he was a little better then—I had never heard that they had threatened to take their lives—I told the Coroner's officer on the Tuesday, of my conversation with the prisoner at the hospital on the Sunday.
Re-examined. I gave evidence before the Coroner on Tuesday, March 3rd—the prisoner told me that he felt so poorly, and that his throat was so bad that he could not speak any more.
KARL HENRY EMELEUS . I am manager to Mr. Kirk, a chemist at Upper North Street, Poplar, and 6, Crisp Street, Poplar—I am the manager at 89, Upper North Street—on February 27th, a man came in in the afternoon—in answer to his request, I gave him a bottle like this (Produced), containing some aqua fortis—I refused to serve it in the bottle that he produced, and I put it into a bottle of my own—I cannot recognise the man—there was a label with "Poison" on the bottle when I sold it.
Cross-examined. I did not ask the man to sign the poison book, as aqua fortis is not in the poison list.
SNOW DON KIRK . I am a chemist at 6, Crisp Street, and 89, Upper North Street; both shops belong to me—on February 27th, about 5.45 p.m., the prisoner came into the shop at Crisp Street, and asked for four pennyworth of aqua fortis—I said, "What do you want it for,"—he said, "To test metals"—I said. "You don't want fourpennyworth, I will let you have for a penny as much as you require for that purpose,"—he said, "That is no use to me; are you afraid I am going to poison myself?"—I said. "No. I do not think so, but what I am afraid of is that you will have more than you require, and you will place it in the cupboard, and the children might get to it"—he said, "I have no children, that is all right"—I said, "Will you promise me that it you don't use the whole that I am going to give you, you will throw the remainder away, and destroy the bottle? '"—he replied, "All right"—I then served him—I gave it to him in a bottle like this one; it has got my label on it—he stayed five or ten minutes in the shop, speaking about an old assistant of mine—aqua fortis is nitric acid—what I supplied to the prisoner was pure—before the prisoner left he said, "Is that pure?" and I said. "Yes."
Cross-examined. The prisoner held up the bottle and said, "Is this all right?" and I said, "That is pure aquafortis"—I did not notice that he had any scratches on his face.
ALBERT SAWYER (680 K.) On February 27th, about 10.15 p.m., I was called to 23, Bygrove Street, Poplar—I saw the prisoner in the first-floor front room, sitting on a chair near the window by the side of the table—the deceased was lying on a mattress on the floor, there was no bedstead in the room—I said to the prisoner, "What is the matter?"—he said, "I bought some poison, she took some and I took some."—I got some salt and water from Mrs. Howard, which I gave to them both—the prisoner vomited, but it did not take effect on the woman—Dr. Row-land
came, and they were both taken to the hospital—I searched the room—I found these two blue bottles, the large one was on the mantelpiece, and the other one in the fireplace—they were both empty—I did not find this light-coloured bottle—there was a cup on the table and a beer-can, but no beer in it—the prisoner appeared confused, but sober—I found this piece of paper on the table near the prisoner—I did not notice anything else there.
Cross-examined. The prisoner was the first person I saw when I got to the house—he appeared confused and muddled—he did not ask me to get him the salt and water—he did not appear anxious that I should first attend to his wife.
BERNARD ROWLAND . I am a registered medical practitioner of 44, Guildford Street, Poplar—on February 27th, about 10 p.m., I was summoned to 23, Bygrove Street—on the floor of a room on the first floor I saw a woman with her head on a mattress, she was quite collapsed and unconscious—the prisoner was sitting at the side of the table—he appeared dazed, but was not nearly so bad as the woman—he did not exhibit signs of pain—I saw this cup on the table, it was just moistened, and emitted fumes of a pungent odour which was obviously an acid—I saw two blue bottles on the table, they had some drops in them and emitted the same odour—on the floor there was a basin with a mixture of matter in it, which appeared to have been vomited—it was discoloured, and the general appearance suggested that there was acid in it—I said to the prisoner, "What did you get these for?" referring to the bottles—he replied, "I did not get it for that"—I could not get anything more out of him—I saw an empty beer can there, it would contain about 1 1/2 pints.
Cross-examined. I think the constable got the egg which I used—that was after the prisoner had said, "I got it for that," or he said it whilst the egg was being got—the woman was in a worse condition than the prisoner—I paid her very little practical attention; I simply ordered her removal to the hospital, regarding it as a hopeless matter—the prisoner was dazed, and could not speak very plainly, because of the condition of his throat—I feel certain he did not say, "I did not get it for her."
BERNARD ROWLAND (Re-examined.) I was not present when the first emetic was administered—I attempted to give the egg to the woman, but 1 could not administer anything to her—I think the woman had had very little, if any, beer, consequently the acid acted directly on her stomach, whereas the man had probably had a good deal of beer to dilute it—aqua fortis is a rapidly-acting poison in producing shock—the shock would be lessened if the acid was diluted with beer—there was nothing to show that the taking of the poison by the two persons may not have been contemporaneous.
By MR. HUGHES. I did not analyse the contents of the cup—the woman was in an extremely critical condition, and I think there were then signs of approaching death.
JOHN GRANT (770 A"). I was present when Dr. Rowland ordered the deceased's removal to the hospital—I went with the prisoner to the hospital—it was about half a mile away—he walked without assistance—on the way he said voluntarily, "I have been out of work for some time; she could not stand it; it worried her; I bought the stuff in North Street, and took it home; she gave me some and took the other herself. I have got a good character"—he did not appear to be under the influence of drink.
Cross-examined. I took the prisoner to the hospital by the doctor's orders—he was still suffering from the effects of the stuff he had taken—his conversation with me took place at different times.
Re-examined. I made a note of what he said, directly I left the hospital.
HUGH BERNARD WILLOUGHBY SMITH . I am house surgeon at the Poplar Hospital—I saw the deceased when she was admitted soon after 10 p.m. on February 27th—she was unconscious, and was suffering from shock—she was pale, her extremities were cold, and she had some stains round her mouth—I think they might have been produced by nitric acid—her pulse was weak, and her breathing was bad—I admitted her at once, and gave her hypodermic injections of morphia and strychnine to counteract the effect of the shock—I then gave her an injection of morphine to make her vomit—I tried to get her to drink some diluted potash—she drank a little of it, and after some time she vomited—I roughly tested it; it had strong acid in it—I could not tell from the vomit if she had been drinking or not, I had not the time to make an adequate test—she got slightly better after a time, and recovered consciousness in the early hours of the morning—I was not present then, but I was called up—she was conscious when I saw her in the night—she was in a good deal of pain, and I ordered her another injection—Nurse Bligh was in charge of her at 2.30 a.m.—I did not think there was any prospect of her recovering—I was called to her again in the afternoon—she died about 3 p.m—on March 2nd I made a post mortem examination—there were some small acid stains round her mouth—I think they may have been caused by the acid splashing up into her face as she finished drinking it—her lips, tongue, and mouth were swollen, and stained yellow, her gullet was inflamed and softened, one end of the stomach was stained with the acid, and the wall was thin, but there was no actual corrosion—the intestines in the upper part were inflamed, the trachea and larynx were acutely inflamed and swollen, and her lungs were congested; her heart was normal, her liver fibrous and hard or syrotic and the kidneys were hard—the cause of death was shock, following the poison and asphyxia, due to the effect of the poison on the lungs and larynx—the poison, in my opinion, was nitric acid—I am not sure of the quantity she had taken, I said three drachms before the Coroner, but it is very indefinite; the smallest recorded dose which would cause death is two drachms—the prisoner was brought to the hospital on the 27th—I saw him; he had pain in his throat and a difficulty in swallowing—his tongue was swollen and stained, and he had a good deal of cough—there was no evidence to show that he had been drinking—on the Saturday afternoon I told him of the death of the
deceased, and asked him why he had done it—he said, "I have been out of work for some time; my wife had been thinking of doing it since Christmas; I bought the stuff; she took some and then gave me some"—he was discharged from the hospital on the Monday week.
Cross-examined. I gave the deceased the solution of potash about fifteen minutes after she came in—I had difficulty in getting her to take it, you cannot force patients to take drink when they are comatose—she took a little; it was more inability than disinclination; 'she was unable to take enough to do her any good—the morphia was to deaden the effect of the pain—the dose I gave her was one-sixth of a grain, which is a medium one—the effect of the dose would last two or three hours—I do not think one dose would cause hallucinations—people who take morphia for some time get hallucinations, after systematically taking it—I did not say anything to the deceased about her not recovering—I think she had taken sufficient poison to kill her under any circumstances—she had morphia when she came in, some more about 11 and again about 2—I noticed that the prisoner's face was scratched—I found no bruises or injuries upon the deceased—the condition of the prisoner's mouth would make it difficult for him to speak—he was in the hospital for about ten days—he had one injection of morphia—the nurse would not administer morphia without my orders or under the supervision of myself or that of a sister—for the first two nights the prisoner was restless, and did not sleep very well; at the end of the week he slept better—I did not make a note of what he said to me; I did not pay attention to the exact words that he said—I distinctly remember him saying—that she took some of the stuff and then gave him some, and that she had been thinking of doing it since Christmas—I think that before the Coroner I said that I was not quite sure of those words.
By the COURT. I do not think the condition of the deceased's kidneys and liver had anything to do with her death—I was not present when she died—when I saw her in the early morning she was conscious, and I believe complained of pain.
DOROTHY ANNA BLIGH . I am a nurse at the Poplar Hospital—the deceased was in my charge from the time of her admission until 9 a.m. next day—when I first saw her she was unconscious, and remained so or about three hours—Dr. Smith saw her about an hour after she recovered consciousness; she was in severe pain—she told me several times hat she was dying—she said, "I am dying" repeatedly—I did not say anything then—I think that was her real and fixed belief, and not simply an exclamation of pain—she said that after—she had complained. (MR. GILL submitted that he was entitled to ask the witness what the deceased said as the cause of her death, a statement made by a person in expectation death being admissible, and that the case was stronger than the ordinary cases the deceased had taken poison with the intention of committing suicide, and therefore at the time she took it she contemplated death, and when she said, "I am dying" there was, in the doctor's opinion, no expectation of her recovery. (See Reg. v. Gloucester (16 Cox, p. 471), and Beg. v. Goddard 58 Cox.) MR. HUGHES objected to the evidence being admitted, as in the
cases already laid down it was dear that the patient must entertain a hopeless expectation of immediate death, before any statement made could be admitted, and he submitted that in this case there was no evidence to show that the deceased was aware of her condition, but that it rather showed that her words were merely an expression of pain commonly used, and as nobody had put questions' to her in order to arrive at the state of her mind, no one could say what she really believed at that time. MR. JUSTICE KENNEDY ruled that the statement was not admissible, as the evidence was not sufficient to show that the deceased was in actual fear of death, and that although she said, "I am dying,' that might have been the result of the agony she was undergoing, and might not have been said because she really thought she was going to die.
ALFRED NICHOLLS (Detective Inspector K.) On March 9th, 9 a.m., I found the prisoner detained at Limehouse Police Station—I asked him if his name was Joseph Abbott—lie said yes—I said, "I am an inspector of police, and am going to charge you with feloniously killing and slaying your wife Catherine Abbott, on Saturday, February 28th last, by administering, encouraging, and persuading her to take poison, at 23, Bygrove Street, Poplar, on February 27th"—I said I should also charge him on a warrant with attempting to commit suicide at the same time and place—I read the warrant to him, and then cautioned him that whatever he said I should take down in writing and give in evidence against him—he said, "She followed me about and made me buy it; two or three days before she tried to buy some herself"—he was placed with others and identified by Mr. Kirk—the charge was read over to him, he made no reply, but on coming out of the dock he said, "Do you wish me to make a statement?"—I said "No, that is the reason I have cautioned you, but if you wish to make a statement it will be taken down in writing '—he said nothing more.
Cross-examined. I do not know if on the second occasion he wanted to qualify what he had said—I believe he has tried to get work.
THOMAS CHIVERS . I am officer to Mr. Wynne Baxter, the Coroner—I was present at the inquest on the body of Catherine Abbott on March 3rd and 10th—the prisoner gave evidence on oath—he was cautioned by the Coroner in the usual form—I saw the Coroner take down his evidence—this (Produced.) is the prisoner's deposition—it was read over to him—it is not signed (Read) "I reside at 23, Bygrove Street. Poplar; I am a coal porter; I have been out of work from about three days before Christmas; the man I work for lost the contract, and another man got it; the paper marked A, now produced, is in my wife's handwriting; she wrote it, I saw her do it; she did it on the same evening before she took the poison.")
GUILTY. Strongly recommended to mercy by the Jury.
OLD COURT.—Thursday, April 2nd, 1902.
Before Mr. Justice Kennedy.
MR. HUTTON Prosecuted.
NOT GUILTY .
MR. HUTTON, for the prosecution, offered no evidence.
NOT GUILTY .
(For other cases tried this day, see Surrey cases.)
NEW COURT.—Thursday, April 2nd, 1903.
Before Mr. Recorder.
352. ARTHUR J. PARTRIDGE (52), PLEADED GUILTY to conspiring with Harry Sidney Nicholls, to publish and sell divers obscene books, prints, and photographs: also for unlawfully procuring the same for sale. Two years' imprisonment—And
(353) JOSEPH MELLAND SMITH to obtaining credit for £21 7s. 4d., £25, £49 18s. 1d., and £36 9s. 6d., from the National Telephone Company, Limited, being an undischarged bankrupt. Two months' imprisonment in the second division. [Pleaded guilty: See original trial image.]
MR. NICHOLSON Prosecuted.
VLASSI PROCOPIS . I was employed upon the steamship "Aristen," and so were the prisoner and Constantine—on March 13th I was with Constantine in a public house—the prisoner came in—I left with Constantine, and the prisoner followed—we had some dispute and the prisoner began to fight, and knocked me down, and then he took out a knife and stabbed me in the side—I did not see the knife, as it was very dark—I became insensible—a policeman arrived and took me to the hospital—my clothes were cut.
GEORGE CONSTANTINE . I remember a dispute taking place between Procopis and the prisoner—I saw the prisoner with this knife (Produced) in his hand—the two fought together—I tried to stop them, and the prisoner wounded me with the knife—I saw him wound Procopis.
CHRISTOPHER CHADWICK . I am a lock keeper at Shadwell Basin—I heard a noise on this evening and went to the scene and saw a scuffle going on between Procopis and the prisoner—Constantine was trying to make peace between the two—I saw the prisoner strike two violent blows on Procopis's back—then a dock policeman came up—I asked what was the matter—Constantine told me he was stabbed—he fainted then—they are all three Greeks, seafaring men—the prisoner was searched and the knife was found on him—it had blood stains on it right up to the hilt.
CHARLES GRAHAM GRANT (Divisional Surgeon.) I was called on March 14th—I saw the three men one after the other at different times in the course of the night—I saw Procopis first, and I found him suffering from serious wounds on his chest and decided to send him into the hospital—his clothes had large cuts in them—he was bleeding from an incised wound on his head—it was not a serious injury but it bled—that was caused by such a knife as this (Produced)—I then saw the prisoner, who had a bite on his left
cheek, and a small injury to his middle finger—he and Procopis were under the influence of alcohol to a certain extent—George Constantine was brought to me to the police station—he had been to the hospital and attended to but his condition was such that the authorities thought 1 had better also see him—he had several bad wounds and his clothes were cut—I sent them both into the sick asylum.
Prisoner's defence. I do not remember what happened; we were all fighting there, but who has been wounded I do not know; I cannot remember; I was partly drunk.
GUILTY . Three months' hard labour.
355. THOMAS CHARLES KING and AMELIA EMILY KING, Unlawfully obtaining £360 by false pretences from Shirley Worthington Woolmer with intent to defraud: Second Count, Feloniously having made and subscribed a certain false declaration before a Commissioner of Oaths.
MR. TRAVERS HUMPHREYS and MR. E. C. P. BOYD Prosecuted; MR. TURRELL and MR. PRICKETT Defended.
HENRY SUTTON LUDLOW . I am a Solicitor and Commissioner of Oaths, of Temple Chambers—on January 23rd I attended at Mr. Woolmers office, when before me Amelia Emily King made the statutory declaration produced—I do not remember reading it over to her—it is not the usual practice to do so.
Cross-examined. I may have said before the Alderman that it was not read over to her in my presence, nor did she read it in my presence, but I took it to apply merely to me as Commissioner for Oaths—all I intended to convey was that it was not read over by me.
SHIRLEY WORTHINGTON WOOLMER . I am a solicitor, and have practised at 65 and 66, Temple Chambers, for about ten years—I first saw Mr. King on January 16th—he said he had been introduced to me by a client of mine, and he and his wife wanted to borrow some money on a life interest his wife had in some ground rents, and that he had arranged with the Sun Life Insurance Company to insure his wife's life for £900 or £1,000, and it would afford ample security—he produced a copy of the conveyance of the ground rents, and a copy of the will of Mary Sands Webb—a life interest provided it is unencumbered and a policy of insurance is the best security one can have—he assured me that it was his wife absolute property, and unencumbered, with the exception of a small amount under £100. which he could settle easily—on the 23rd I had a statutory declaration made out saying that his wife had not encumbered the property, and it was signed—my recollection is that I read it to her—the mortgage deed was prepared and they both signed it—it was to secure the sum of £500 at 5 per cent, per annum—I cashed a cheque for £1.000: I handed my clerk £200 to complete the Old Kent Road purchase, and retained £130 for paying off the charge in Curry r King, and other amounts for premium on insurance, costs, etc., and handed the balance to Mrs.
King—I went with Mr. King to Messrs. Howard and Shelton, and there inspected certain documents relating to the property, and found there were several charges on it, that it was not unencumbered.
FRANK ARTHUR WESTON . I am managing clerk to Mr. Woolmer—on January 30th last, I wrote out this statutory declaration (Produced) which was sent to the two defendants—on January 23rd they came without it, and a second declaration was drawn up by me and it was read over to both of them.
SHIRLEY WORTHINGTON WOOLMER (Continued). I pointed out to the male prisoner that there was a charge on the property under a receiving order—he replied, "Oh, that is a very small matter, I can settle it for £15 or £20"—Mrs. Wheeler has never transferred her security to me—she is about eighty-five years old and unable to come to the Court—the original charges in favour of Mrs. Wheeler are produced in Court.
PERCY THOMAS HILL . I am a clerk to Mr. Woolmer—I was present on January 23rd when the mortgage for £500 was completed—I was present when Mrs. King made the statutory declaration—it was read over to her by Mr. Weston—after it was completed Mr. Woolmer gave me £200 to complete the purchase of the Old Kent Road property, which I did—I there paid £149 10s. 8d. to the vendors—I paid various costs and handed the balance of £15 to Mrs. King in cash.
CECIL BISGOOD . I am a solicitor of 5, Moorgate Street Buildings—I obtained a judgment in the Mayor's Court on behalf of a client against Mrs. King for £86 8s. 8d.—I never recovered anything under that judgment, she being a married woman—I then ascertained that she had a life interest in certain ground rents, 'and then removed the judgment into the High Court for the purpose of obtaining a receiver—I produce the order appointing a receiver, dated—December 16th, 1902—I have not recovered the money—the receiving order is still in force and is a charge on Mrs. King's life interest.
Cross-examined. The receiver was appointed first and then gave security—I offered to settle the debt for £32 10s. to be paid by the following Monday morning.
Re-examined. It is in fact a charge for £86 8s. 8d., an order of the Court—having now discovered that there was a policy on her life I should not accept £32 to settle.
By the Prisoner. A claim has been made for about £60 by Mrs. King against my client.
SHIRLEY WORTHINGTON WOOLMER (Cross-examined by the Male Prisoner; MR. TURRELL being absent.) No amount to be set aside was agreed out of the £800 to satisfy the claim in Curry v. King—you never mentioned Mr. Bisgood's name at all—£31 5s. was the agreed costs for the £800 advance—there was an agreement as to costs and a supplemental one—a deed was not drawn up when Bisgood's matter was discussed and the £130 kept back.
By MR. TURRELL. The first time I saw Mrs. King was January 13th—I saw her several times with Mr. King—I always explained to her—I said "You have got this life interest and it it absolutely your a to
do what you like with; it is not charged or encumbered at all; you are quite sure of that?"—she said, "Yes," and that everything her husband had told me was true—as soon as the statutory declaration was made I went to the solicitors for the trustees—I was there shown a notice of charge from Mrs. Wheeler—King did not at once tell me that Mrs. Wheeler had given up her charge—he told me it was as good as transferred and could be easily arranged—if he had done what he said he would, namely, transfer those documents to me, I probably should not have bothered any more about it. After consulting MR. TURRELL, the prisoner in the hearing of the Jury withdrew his plea and stated in the hearing of the Jury that he was GUILTY , upon which they found that verdict. The RECORDER said that if a deed of transfer was executed by the male prisoner to the prosecutor by the first day of next Sessions, the prisoner would then be discharged. Judgment respited .
AMELIA EMILY KING, NOT GUILTY .
MR. M. F. BUSZARD Prosecuted.
WILLIAM JOHN WALDEN . I am a carman, of 5, Rectory Gardens, Vauxhall—on Saturday night, February 28th, I was taking a walk—I went into a public-house between 9.30 and 10 o'clock for a drink—I saw the two prisoners there and several other men—I stood them all a drink and then left the house and went to another public-house, where I called for a glass of ale—there was no one in the bar when I went in—the prisoner Sheen came in—he asked me to treat him, which I did—Riley then came in with one or two others—I went out up the side way, for a purpose—it was a side passage leading to the factory, about—30 yards from the public-house—I saw three men approaching—two of them caught hold of me, Sheen, who was one, pressing his hand across my mouth, and Riley taking the money from my pockets—in the struggle some of the money dropped, which they stooped to pick up—I called for the police, and they made off towards Vauxhall Bridge—I had about 14s. or 15s. on me at the time—I had been paid my wages during the evening, they average 26s. a week—I had dropped some money through shifting it from one pocket and another, and had spent some, altogether about 12s., before the robbery took place—I saw a constable at the bottom of the road and told him what had happened—I saw the prisoners again on Sunday morning and recognised them.
Cross-examined by Sheen. When you came into the first public-house I was not gambling for drinks and having an argument who should pay for the beer—it is not true that when I got to The Two Brewers I was three parts drunk; nor did I shout across the bar to you saying, "Come over here."
Cross-examined by Riley. I had a drink at the first public-house, and not wishing to be in your company I left.
on the Albert Embankment—the prosecutor spoke to me—he was quite sober, but had been drinking—in consequence of what he told me I got the assistance of another constable and kept observation on this place—we saw the two prisoners and another man come along the Embankment, they passed up this dark turning, and went some considerable distance—we saw them light several matches, searching on the ground—we then went up to them—I said, "What are you doing up here?"—they said, "It's all right, governor, we've only come up here to ease ourselves"—I said, "You don't require lights for that purpose '-'—Sheen said, "I lost 4 1/2 d. out of my pocket and came here to look for it"—the other man ran away—I said, "A man has been robbed up here some time previously, and you answer to the description, I shall take you to the station"—Sheen said, "You must be mad where is the man I robbed?"—next morning the prosecutor identified them.
Sheens Defence. I was having a drink in the public-house when the prosecutor came in and called for drink—I left and went down to Vauxhall, when the prosecutor came in and said he had dropped some money, but had picked up 4s. 6d. I was looking for 4 1/2 d. which I had dropped when the policeman arrested me. When searched 2d. was found on me.
Riley's Defence. The prosecutor was half intoxicated, and was showing fight in connection with tossing for drinks—I had a drink with him—he went out, and I went to another house where I had another drink, when the prosecutor came in and said he had lost some money in a urinal, but had picked up 4s. 6d., and that some had fallen down a grating—we were all more or less intoxicated.
GUILTY of simple robbery.
SHEEN, six months' hard labour. RILEY, Five years' penal servitude.
OLD COURT.—Friday, April 3rd, 1903.
Before Mr. Justice Kennedy.
357. FREDERICK STEWART PRIEST (54), PLEADED GUILTY to that he being trustee of £425 did unlawfully and with intent to defraud convert the same to his own use and benefit. Also to ten other counts for appropriating to his own use and benefit various sums of money and valuable securities held by him. Eighteen months' hard labour.
THIRD COURT.—Wednesday, Thursday and Friday, April 1st, 2nd, and 3rd, 1903.
Before Mr. Common Serjeant.
358. HENRY FITZGERALD JAMES (20), PLEADED GUILTY to seven indictments for feloniously forging and uttering orders for the payment of £25. £25, £20, £20, £20 £25 and £30. Also to two indictments for stealing bankers' cheque forms with intent to defraud. Four years' penal servitude.
GOLDBY PLEADED GUILTY .
MR. W. B. CAMPBELL Prosecuted; Mr. Watson Defended Foster.
WILLIAM LAWRENCE (City Detective.) On March 9th, shortly before noon, I was with Detective-Sergeant Lyon in Upper Thames Street, and saw the prisoner Goldby come out of 205, Upper Thames Street, Messrs. Skilbeck's the drysalters, carrying a parcel—we followed him to an oilshop, 5, Huggin Lane, a short distance from Messrs. Skilbeck's—I believe the name of F. Foster was over the door—Goldby came out and went back to Messrs. Skilbeck's—we watched the premises, and at 6 o'clock Goldby came out with this large parcel (Produced)—I followed him over Southwark Bridge—another man joined him at the north end of Southwark Bridge, and then left him—Goldby carried the parcel on his back—when he got over the bridge he went to 2, Chatham Street, an oil shop with the name of Foster over the door—he went in and handed the parcel to a woman, who I now know as Mrs. Foster—he exchanged a few words with her which I did not hear, and then left the shop—I followed him down Chatham Street, and when he got almost to the bottom I took him in custody—we met Sergeant Lyon, and we three went back to 2, Chatham Street—the prisoner Foster was standing outside the door—Sergeant Lyon asked him for the parcel which had just been left there—I do not remember his reply, but Mrs. Foster produced the parcel—I took Goldby in custody—both prisoners were taken to the same station separately—Goldby made a statement to me going to the station.
Cross-examined. I could not see inside the shop the first time I went to Huggin Lane—the second occasion was about 6 p.m., this was at the beginning of March: it was before dark, and quite a light evening—I was ten yards from the shop—I saw Mrs. Foster take the parcel and put it behind the counter—I cannot say whether any money passed.
ROBERT LYON (City Detective-Sergeant.) On March 9th I was with Lawrence in Upper Thames Street, both in plain clothes—I saw Goldby come out of Messrs. Skilbeck's, he had a largish parcel—he went to 5, Huggin Lane, remained a few minutes, and then came out without it—I went away—I saw Lawrence in the New Kent Road about 6.30—he went to 2, Chatham Street—Foster was outside the premises—I said to him, "We are police officers, I want to speak to you"—I brought Goldby into the shop and then said to Foster. "I want the return of the parcel this man left here about a quarter of an hour ago"—he said. "He left no parcel here"—I said, "Yes, he did, he is here to speak for himself"—he then said something to his wife which I could not hear and she went into the kitchen and brought out this parcel—I told him
to consider himself in custody for receiving, as we were going to search the place—he made no reply—he accompanied us to the cellar as I proposed, and found several parcels similar to this, and we opened them and found they were similar parcels of glue—this wax was also found in the cellar—one parcel weighed about 40 lbs.—going to the station Foster said to me, "Don't make it too hard for me, I will see that you are properly recompensed when it is all over," that was before we got into the cab—he was then taken in a cab to the station and charged before the Inspector, with stealing and receiving—about 10 cwt. Of property was brought to the station in a van and placed in the charge room, and I said to Foster, "I brought all this from your place, is there anything which you can account for?"—he said, "You have done quite right, I don't think you have left much"—there was also some ultramarine blue and two boxes of shellac, of which this is a specimen (Produced)—Messrs. Skilbeck's clerk saw them the next morning.
Cross-examined. There is not one of these things which I should not expect to find in an oil and colourman's shop—I heard Lawrence say at the police Court that Foster said that his wife took the parcel—Foster did not seem flurried or excited—I believe stolen property has been found at his house before—he has been in that line eighteen years.
Re-examined. I heard him say that he has another shop at 5, Huggin Lane, and I have made enquiries of the landlord—I had not left the shop cleared.
THOMAS FAIRWEATHER . I am clerk to Skilbeck Brothers, drysalters—Goldby has been in their employ about twenty-eight years as working porter at 27s. a week—Messrs. Skilbeck deal in glue—this parcel of glue weighs about 28 lbs., it may weigh 40 lbs., and then if it was sold it would be worth 10s.—Goldby had no authority to take any glue out of the premises—on March 10th I saw the goods at the station, and some beeswax which had been taken from our stock—here is another piece of beeswax, which is of a very special character, and I identify it—and here is another parcel which I can positively identify as having been taken out of our stock—here is some shellac—the value of what is our property is from £18 to £20—none of these goods were ever sent to Mr. Foster—he had two or three transactions only with us, but we never sent him these goods—I cannot say how this £18 worth of goods left our premises, but we ascertained on our stocktaking that there was a deficiency which we could not account for—I cannot say about beeswax, but there was a deficiency in ultramarine blue, which is worth about 8d. or 9d. lb.—that deficiency has arisen since January 1st this year.
Cross-examined. I identify this beeswax by the initials stamped on each bar, and as far as I know we are the only people who deal with that kind—shellac is very common—all these materials are commonly used.
WILLIAM GOLDBY . I have been twenty-seven or twenty-eight years in Messrs. Skilbeck's employment at 27s." a week—I am fifty-two years old—I have pleaded guilty to stealing 40 lbs. of glue on the day that
I was taken up—I had been at 2, Chatham Street once or twice before that, and I had been to 5, Huggin Lane to buy things—I have seen Foster for years in Huggin Lane, but never spoke to him till this year—he asked me if I could get any glue—I took some to 2, Chatham Street, since the beginning of this year—I got it from my employers—nothing was given to me for this lot—I got half a crown in all—I got 2s. for each lot I took—Mr. Foster gave it to me—I only took things to Huggin Lane on the morning of the 9th, that was soap—I put it inside the shop door—I was not paid any money at Huggin Lane.
Cross-examined. I bought at one shop and sold at the other—I was sometimes paid half a crown and sometimes 1s. 6d.—I never had any dealings with him till the beginning of this year. Foster received a good character.
GUILTY . (See next case.)
HATTON PLEADED GUILTY .
MR. W. B. CAMPBELL Prosecuted; MR. MORRIS Defended H. Foster, and MR. WARBURTON Defended F. Foster.
WILLIAM NEWELL (City Detective.) On March 9th I received instructions from Detective-Sergeant Lyon, and went to 5, Huggin. Lane, about 5 o'clock, with Detective Dixon—the name of Foster was over the door—I saw the two Fosters and told them we were police officers, and had reason to believe they had stolen property on the premises—Frederick Foster said, "What property? I know nothing at all about it"—Henry said, "You have made a mistake"—I remained in the shop and about 7.20 Hatton came in carrying this parcel exactly as it is now—Henry said to him. "Do you want to leave that till the morning?"—Hatton said "Yes." handing him the parcel, which he put on the chair behind the counter, and then made a motion with his right hand as if meaning Hatton should go out of the shop—Hatton then left the shop, and I said to the two prisoners "Who is that man?"—they both replied, "I do not know"—I said, "Do you know where he is employed?"—they both said, "No"—I said, "Is it usual for you to take a parcel from a man you have never heard anything at all about?"—neither of them made any reply to that—I then went out of the shop and stopped Hatton in a court a short distance off, and took him back to the shop, and into the presence of the two other prisoners and asked his name and address—he said, "Francis Phillips, 78, Drummond Road, Bermondsey," which was false—I asked him where he was employed—he said, "I may as well tell you the truth, I stole the stuff from Sir W. A. Rose, where I work"—neither of the other prisoners said anything to that—I saw this parcel (Produced) on a shelf in the shop—I asked the prisoners if they knew where it came from—they both said, "No"—I remained in the shop till 10 o'clock—Sergeant Lyon then came—I spoke to him, but I do not know if they heard—I told them they would be charged with stealing and receiving this colour—I do not think they made any reply—it is painters' colour, green—both parcels con sisted
of the same kind of material—the prisoners were all three taken to the station by me, Lyon, and Dixon, and were charged next day at the police court—on the way to the Court Hatton made a statement to me—a week after the remand I searched the shop—they were then in custody—the police were in charge of the shop, there was no possibility of getting in without their knowledge.
Cross-examined by MR. MORRIS. The prisoners were all in custody from 7 o'clock onwards—I had no knowledge of either of the Fosters before—I went there and found some size and soap, and these two young men—their father, Frederick George Foster, is the proprietor—they said they were shop assistants—the second parcel is as I found it—there is nothing by which I can identify it—I found some receipts dealing with business transactions—I should naturally expect to find paint in a colour shop—I have heard something about Henry Foster, but he has not been previously convicted.
ROBERT LYON (City Detective.) Having seen a man come out of Skilbeck's and go into 5, Huggin Lane, about 12 on March 9th, I went to 5, Huggin Lane about 10 p.m.—I saw the two prisoners Foster and a man named Hatton, also Detectives Newell and Dixon—from what Newell told me I told the two prisoners and Hatton that they would be charged together with stealing and receiving dry colour goods supposed to be the property of Rose and Co.—they made no reply—I left the shop with Hatton—he went to the station with Lawrence—the two prisoners were taken to the station—I heard the charge read by the station inspector of being concerned together in stealing and receiving dry colours, the property of Rose and Co.—they made no reply—as an employee of Rose and Co., Walter Lewis saw the two parcels at Cloak Lane police station, one the following morning, and one a few days later—before the prisoners' arrest on March 9th, I went to a bedroom at 2. Chatham Street—I have handed Hatton notice that evidence would be produced against him with reference to what was found in the bedroom—he said, "I can easily account for them when I see my brother, my brother knows the man I bought them of."
Cross-examined by MR. WARBURTON. They described themselves as shop assistants.
WALTER LEWIS . I am manager to Sir W. A. Rose and Co., oil and colour merchants, 66, Upper Thames Street—the prisoner Hatton has been in our employment about eleven years, as warehouseman, and lately as a crane driver at 28s. a week—this is similar to our green colour—we deal in it very largely—its value is about 4s.—the two prisoners Foster have been our customers—looking at our books I find we have sold them a small quantity of this kind of thing—Hatton would have no right to carry out this green powder—he handles stock: he does not serve it.
Cross-examined by MR. MORRIS. We have an account with F. G. Foster, the father—I looked upon these young men as his assistants.
Cross-examined by MR. WARBURTON. The father was a customer for a number of years—the quantity we supplied him, I think, would be too small for his business.
WALTER HATTON (The prisoner.) I have been employed by W. A. Rose and Co. 17 or 18 years, first as warehouseman, and latterly as a steam crane driver at 28s. a week—I have known the two prisoners and their father three or four years—I last saw this parcel on March 9th—it contains Brunswick green tied up in a handkerchief—I went on March 9th to Foster's shop—I took it from Rose's to 3, Huggin Lane—Foster asked me if I could get some and I said "All right," and took that parcel—I left it there—I was arrested and brought back to the shop—the detective gave me my name and address, I gave a false name first, but before 1 had finished I said, "I may as well tell you the truth," and I gave him my name and address—he asked me where I had been—I told him I was employed at W. A. Rose and Co. 's—this bag I got from Rose's three or four days previous to that—I took it to Huggin Lane—I saw Foster's two sons—I left it there—I said, "That will be all right. I have seen your father; can you let me have 6d.?" which they did—I said, "Your father will make that all right"—I never had any other goods; this is the first time.
HENRY and FREDERICK FOSTER— NOT GUILTY
GOLDBY— Four months' hard labour.
HATTON— Three months' hard labour.
FREDK. GEORGE FOSTER— Three years' penal servitude.
The Court commended the police for the way in which they had acted in bringing the receiver to justice.
MR. SYMMONS Prosecuted, MR. MACOUN Defended.
JOHN WALTER LANE . I am a postman and live at 118, Malvern Road. West Kilburn—on November 22nd I delivered a registered letter at Mr. Blakelock's house. 16, Cavendish Road. London, from Buenos Ayres, addressed to O'Flaherty—this is the receipt, No. 1468—the prisoner signed it.
Cross-examined. I delivered the letter as it was addressed—the Post Office authorities contract the address" in the quickest way possible—this is "Flarty"—it was the 10 o'clock delivery on November 22nd—this registered envelope is addressed Michael O'Flaherty—this is the slip I retain.
FREDERICK GEORGE STEPHEN MANNING . I am a postman of So, Kingsley Road, Kilburn—on January 2nd I delivered a registered letter to 16, Cavendish Road, from Buenos Ayres, to O'Flaherty—I got this receipt signed "H. Gibson."
HELEN GIBSON . I formerly lived at 16, Cavendish Road. Brondesbury, in the house occupied by the prisoner and his wife—on January 2nd I received a registered letter addressed to O'Flaherty, and signed for it—I gave it to Mr. Blakelock.
Cross-examined. I do not remember all the address.
to the London and River Plate Bank, 7, Princes Street—I produce drafts Nos. 37,886 and 38,679, payable to the order of Michael O'Flaherty, for £2 each—the first was cashed on December 1st—the orders are made out in duplicate, and this was the" first of exchange"—the" second" follows by another mail, and that presented first is paid—this purports to be signed by Michael O'Flaherty, and is endorsed "Robert Forbes"—' it was paid through Parr's Bank, Kilburn—the second draft is a similar order in favour of Michael O'Flaherty—that was paid on January 1st over the counter—it is endorsed "Michael O'Flaherty"—it is usual to ask the person who presents the draft if he is the payee.
Cross-examined. It is usual for banks to issue drafts in duplicate in case one is lost.
ROBERT FORBES . I live at 33, High Street, Margate—last autumn I was lodging at Mr. Blakelock's house—the signature on this first draft is mine—about November 22nd or 23rd Blakelock asked me if I would pass it through my bank for him—it was already endorsed "Michael O'Flaherty"—I passed it to my friend, Mr. Santar, who endorsed it—I gave the prisoner the money five or six days after I got it; about November 28th or 29th.
Cross-examined Blakelock said, "This is money I have collected"—he may have said,. "For a friend"—he said there was no hurry for a few days.
WALTER SANTAR . I am a wine and spirit merchant of 2, Quick's Road, Kilburn—Mr. Forbes brought me this draft before November 29th—I gave him the £2—it was honoure'd by Parr's Bank—Forbes was living at Cavendish Road at the time.
KATHLEEN O'FLAHERTY . I am a domestic servant at 120, St. Julian's Farm Road, West Norwood—I was formerly employed by the prisoner and his wife at 16, Cavendish Road—my father's name is Michael and my brother's name is Thomas—I received a letter from my brother in the Argentine Republic, dated April 12th. 1902—when I left the prisoners' service in October, I went on their reference to 217, Finchley Road. Plumstead, into Messrs. Barnes and Co.'s service—I asked Mrs. Blakelock if she would send my letters there—I received no letters after I left, and my father went into the workhouse—I called at Blakelock's before I left Finchley Road on December 22nd—I held the Finchley Road situation about a month—I then went into Mrs. Mann's service at West Norwood about January 22 on a reference from Mrs. Blakelock—from the time I left Mrs. Blakelock's I received no remittances—I called there about six times—I saw Mr. Blakelock on all those occasions except twice—he came to the door with me when I left—he asked me to remember him to my father—he asked me how my father was—I told him he was in the work-house now—that was the third time I saw Mr. Blakelock—that was in December—I saw him in November—my father had been in the work-house some time then—I mentioned that to Mr. Blakelock—I said it was the Lambeth Workhouse—I told Mr. Blakelock that—he said it was the best place for him—I said father had to go in the workhouse because he did not hear from my brother in the Argentine and got no money from
him—the prisoner said as he was a young fellow I ought to keep my money to myself and not give it to my father—I asked Mrs. Blakelock if any letter came—I told Mr. Blakelock father was in want of money, but not that I expected money from the Argentine—I never gave Mr. Blakelock any authority to open any letter addressed to me—not having received any Letters I wrote to my brother—eventually I received fresh remittances from him—T received these" second of exchange" drafts about February 20th—I took them to the bank—I was unable to cash them—I went straight to Mr. Blakelock's house with my father—I saw Mrs. Blakelock—she gave my father 10s.—this "Michael O'Flaherty" on this first bill of exchange is Mr. Blakelock's writing—my father, I think, communicated with the police—I received £3 10s. from Mrs. Blakelock on February 27th, the day I received this telegram, when I came back from Court—it was handed to me in a registered envelope—I had written a postcard the day before to Mrs. Blakelock.
Cross-examined. The £3 10s. arrived on the early morning of the day I went to the police court for a warrant—leaving early I did not get it till I returned—between October 14th and January 2nd I went to Blake-lock's three or four times—I saw Mr. Blakelock more than once before January 2nd—the letters were addressed to me—I have seen Mr. Blakelock write a good many times—the signature on the draft is his ordinary writing—my father cannot write—I found out on February 22nd that the drafts had been paid—while I was in her service Mrs. Blakelock was very kind to me—my father worked for the kindness he received, he did little odd jobs in the house—I was very comfortable and anxious to go back—my wages were paid every week in order that I might help my father; he had all my money every week to support him—he slept in Blakelock's house three times, two nights one after the other, and then the night before I left the place.
Re-examined. When I called, Mrs. Blakelock said she knew nothing about the money, and burst out crying—I am sure I called in January and in February, and when I saw Mr. Blakelock he never mentioned any letters—Blakelocks knew my father slept in the house—the prisoner knew my father's name was Michael.
MICHAEL O'FLAHERTY . I lived at 24, Johnson Street, Westminster, at the time of this charge—I live now in Gravel Lane—I have a son, Thomas O'Flaherty, in Buenos Ayres—he has sent me money from time to time—he has been there since he was thirteen—lie is now about 28—I got letters from him and went to the Strand to get the money—the letters were sent to my daughter—I cannot write—about February 20th my daughter brought me a letter in which I saw two papers from La Plata like these produced—I,-took them to the London and River Plate Bank—I could not get the money—I went to Mrs. Blakelock's house and had a conversation with her—she gave me half a sovereign—the documents were for £4—on February 23rd I spoke to the police, and I afterwards got £3 10s.—on February 23rd I was in Maida Vale, when Mrs. Blakelock and her mother came to me—Mrs. Blakelock gave me a card which I took to her house—Mr. Blakelock opened the door to me—he asked me how
I was getting on—I said, "I am getting on all right"—then he asked what sort of work my boy was doing in South America—I said, just as myself, working as a labourer—I said, "You are a nice man robbing me of my money, so that I have to go to the workhouse"—he laughed, and said the money was in his solicitor's hands—I gave him the card later on—I asked for the girl—I showed her this card—Mr. Blakelock was in the drawing-room—the girl showed me up to Mrs. Blakelock's bedroom—I looked for the money on the floor and under a corner of the bed—I could not find it—I came back to the girl—she looked—we could not find any money—I told Mr. Blakelock that Mrs. Blakelock had sent me with the card to find some money in the corner of the bed and I could find nothing—I went up with him—we tried in the cupboard—Mr. Blakelock stripped the bed off on to the floor and looked in the cupboard in my presence—he said, "Must she have taken it with her to Southampton, £6 I gave her yesterday, on Saturday"—I left him the card—I said, "How is this, I cannot get a letter nor my Christmas cards?"—I got one letter addressed to my daughter at Mrs. Blakelock's—that was forwarded to her other place—on Thursday, February 26th, I went with my daughter to the police court—when I got back to Johnson Street my daughter gave me £3 10s.—I gave evidence before the Magistrate—I called at Blakelock's on New Year's Day—my daughter had left her situation—I did not know she had left, I had been in the workhouse—I saw Miss Gibson and a girl—I stayed at Blakelock's house, I cannot say whether it was two or three nights, when my daughter was there—Mr. Blakelock lent me money—he gave me 3d.—I never asked him for money, I saw he was himself hungry for money—I never gave him authority to sign these drafts—I never told him to take my money nor gave him any instructions as to dealing with it.
Cross-examined. I am a labourer—I was employed two years by the Westminster Vestry—I left at a moment's notice and a week's pay about fifteen months ago—I did not get any remittance from my son while my daughter was in the prisoner's service, because he collared it—the last remittance was in January—I have kept no account of the remittances I received—I did not want it while I could work—my daughter's wages were 7s. a week, and she paid it to me every week—I did nine days" work for Blakelock—the first job he gave me was to wash the railings; the second was to paint them—he gave me work and no payment—he had compassion on me? oh my God, for a paltry tale! and he got it back—I did not say at the police court that I only slept there once—I heard him say I slept there nine nights, but it was perjury, and you made him do it—I told Mr. Blakelock nothing about my money—my daughter helped me, she was indebted to me twenty-one years, and when she wants me to pay her back I will—I cannot read, and the letters were addressed to her—when Mrs. Blakelock saw me at Maida Vale she said she had got off an omnibus and was going to Southampton unexpectedly—she gave me the card to find the money under her bed, but it was not there, and that was only a hoax in my opinion—she told me if I took the card to the house the servant would show me up to her bedroom—on this card it looks like
the address—I took it to the house on her instructions—I told Mr. Blakelock the truth—I did not tell more at the police court because I was not asked—you cross-examined me at the police court as to whether I was, an Irishman or a Cockney—I did not know my daughter had left when 1 called on New Year's Day—she had left about six weeks—I did not go to Blakelock's house in November or December because my daughter had left—I remained in the workhouse till New Year's Day—then I went to Blakelock's to enquire for her and found she had left—Mrs. Blakelock told me she had been there two days ago—Mr. Blakelock never lent me any money.
Re-examined. I got money from my brother at a money changer's near Charing Cross Railway Station.
GEORGE COLE (Detective X.) On February 26th, about 6 p.m., I saw the prisoner at 16, Cavendish Road, Brondesbury—I told him I was a police officer and held a warrant for his arrest for stealing two registered letters, and that there would be a further charge of forging and uttering two bankers' drafts—he said, "I sent the money to her yesterday; she used to be a servant of ours; she left and did not leave any address, so I could not forward letters on; I know it was a very stupid thing to do. I do not deny it, but I had no intention of defrauding them out of the money; they could have had it at any time if they had called for it"—I took him to the station, where he was charged—he made no answer—the following week he was further charged with forgery—he made no answer to that.
Cross-examined. This was at Kilburn Station, three-quarters of a mile from the prisoners' house—some of the conversation was in the house,—I did not caution him—I made this note as soon as he was charged within five minutes of when he was put in a cell—I altered the note from "doing" to" defrauding" at the time.
The prisoner, in his defence on oath, said that he gave Michael O'Flaherty windows to clean and other work about the house, and gave him money to go on with, and that O'Flaherty asked him to open letters and to hold the money for him, his words being, "I hope you wall see that I get it," and that O'Flaherty being an illiterate man, he signed the drafts in his ordinary undisguised hand and put the money away in a desk on the mantelpiece, and afterwards handed it to his solicitor in the City, and then to his wife, waiting for O'Flaherty to come for it; that he would not hand it to Kathleen because the father had borrowed money from her and wanted this, and he was keeping it for the father at his request.
Evidence for the defence.
CLARA BLAKELOCK I am the prisoner's wife—Kathleen O'Flaherty was in our service—she left about the middle of October—I saw her three or four times since—about February 20th, on a Friday I think, O'Flaherty and his daughter came and made a statement about some money that had come to Mr. Blakelock from South America—I told them 1 knew nothing about it, but would ask Mr. Blakelock about it when he returned—I gave them 10s., believing their statement—I spoke to Mr.
Blakelock about it in the evening—I was upset because I had not been told at the tune—I asked him to give me the money—a few hours afterwards he gave it to the charwoman when I was out—the charwoman gave it to me directly I returned—that was on a Saturday—on Monday, 23rd I had—to go to Southampton—on my way I saw Michael O'Flaherty in Maida Yale—I got off an omnibus and went after him—I gave him a card, because I was afraid they would not let him go to my bedroom without my authority—I told him to go straight to the bedroom and look in the cupboard, where he would find the money—the card was addressed to the girl I had left in charge—I said it was in a corner of the cupboard—I said nothing about its being under the bed—I came back from "Southampton late on Monday night, practically Tuesday morning—I was told the money could not be found—I rushed immediately up to my bedroom—I found it where I had left it, and where I had told O'Flaherty he would find it—I had kept it there ready for O'Flaherty when he came again—after waiting till Wednesday morning I gave my husband a letter to post it—Kathleen told me on one occasion that her father was in the workhouse—I think it was soon after Christmas, but I 'am not sure of the date—while Kathleen was in our service her father slept in our house eight or nine nights.
Cross-examined. O'Flaherty and his daughter were generally affectionate together—she gave him her weekly wages; I partly suggested that—we gave him money, and sometimes he did things for money received—he painted the railings, he put a shelf in the cupboard, and I gave him 1s.—I object to loans—I do not remember seeing either of these two letters, I saw one some time ago—I spoke to a gentleman outside who was bail for my husband, only as to how the ease was going on—I did not hear from him about a desk on the mantelpiece—there was such a thing, but I know little about it, my husband kept some things in it and I did not go to it—I put the money in the cupboard upstairs—when I received it on the Saturday afternoon from the charwoman, because I was going to leave the house unprotected—my husband told me he was going to the City to get it—I rushed upstairs to look for it because I was' afraid it had been taken, but I found it—I gave Kathleen references—my "husband did not see her every time she called, he was not there—my husband's things were put in the cupboard as well as mine.
The prisoner received a good character.
GUILTY . Twelve months' hard labour.
362. FRANK DAY (57), FREDERICK TAYLOR (25), ROBERT WOOLBRIGHT (59), ARTHUR RENVOIZE (30), and JOHN JAEGER (59) , Stealing a quantity of morocco leather skins and other articles the property of Mory and Company, and others.
DAY PLEADED GUILTY .
No—evidence was offered against RENVOIZE.
NOT GUILTY .
MR. BODKIN, MR. STEPHENSON, and MR. SYMMON; Prosecuted; MR. PURCELL appeared for Day and Taylor, and MR. BURNIE for Jaeger. GEORGE CHAPMAN. I live at 3, Brunswick Square, Bermondsey—
I am a checker to Bennett's Steamship Company at Chamberlain's Wharf—on December 18th I checked eighteen packages of goods into Mory and Co.'s van—they are Continental shippers—I produce the delivery order—I saw Lewis drive the van off about 8 a.m.
JAMES, LEWIS . I live at 27, Butler Street Horselydown—I am carman to Mory and Co.—on December 18th I loaded at Chamberlain's Wharf eighteen packages—I took the van boy, Driscoll, with me—I took this receipt for the consignees to sign, but it was not used—in the Minories Day spoke to me and gave me this telegram and 1s. to take to the post office—when I returned, the horse, van, load, and the boy I left in charge had all gone—I afterwards identified Day—the van was brought back to Mory's.
MORGAN DRISCOLL . I live at 103, Sutton Street, Commercial Road East—I was van guard with Lewis on the morning of December 18th—I saw Day speak to Lewis and Lewis go away—Day afterwards gave me some money and sent me after Lewis—I left the van, when I came back it was not there.
FREDERICK DUCHEMIN (197 D.) About 2 p.m. on December 18th I found an empty van of Mory and Co. in Clifton Street, Marylebone—I took it to the police station, Tottenham Court Road—it was afterwards identified.
ALEXANDER BUCHERE . I am agent at 4, City Road, for Ferdinand Flocquet, of St. Denis, France—on November 20th I sent them an order for goods—in December I received this invoice (Produced) for 37 dozen and 10 skins in four bales. Nos. 316 to 318, and to the wholesale value of £148 16s. 6d.—the goods did not come—Mory and Company satisfied my claim—on January 20th and on February 10th I was shown in White-chapel some cuttings like this produced—I saw nine skins—they are marked "F. F."
JEAN GIRARD . I am agent at 34, Aldermanbury, to Dupont and Company, brush makers, Beaumaris, France—I sent them an order for two lots of bristles in October to be sent to Verrinder and Sons—I received this invoice of December 13th (Produced)—the value is 17s. 4d.—they were in cases marked "V.S. 181, 182, and 183 '"—the three cases contained ninety-five boxes—the goods were not delivered, and I claimed against Mory and Company—on February 16th eighty-three boxes of bristles were shown to me at Bethnal Green Police Station which correspond with the order.
JOSEPH BENHAM . I live at 6, Clitheroe Road, Clapham Road—I am china buyer for Longuehaye and Company, of Commercial Road—I sent an order to the London agents, De Bruyn and Company, and in December received this invoice (Produced) for sixty-four art flower pots and one pedestal, value £4 12s. 10d., from France—the goods did not arrive—I was shown on February 20th, at Leman Street Police Court, similar goods to those invoiced—they were marked 653 in a triangle and" 584-4"
—from the marks I say they are the same goods—this is one of the flower pots.
EDMOND FLOCQUET . I am a leather merchant with my father, Ferdinand Flocquet, at 110, Rue de Paris, St. Denis—I attend to orders received by post and see that the goods are forwarded—on November 21st I received an order from London, through our agent Bucherre, for thirteen dozen morocco skins, sixteen dozen morocco and ten dozen roan skin?—on December 13th I gave orders for those to be packed in three hales, marked "F. F." and Nos. 317, 318, and 319, and forwarded to Mory and Company, carriers—the skins are also marked "F. F."—I know them by other things besides the mark.
JOHN OGDEN . I live at Verulam Road, St. Albans—I am manager to Mory and Company, Continental carriers—Lewis was in our employment—on December 17th I gave him instructions to go to Chamberlain's Wharf and collect goods—later on he came back and told me something—the horse and van were brought back by the police on December 18th—Flocquet's were amongst the consignees—all the consignees have claimed for non-delivery.
JEAN VIOLETTE (Interpreted.) I live at 116, Avenue des Lilas, pres Saint Gervais, near Paris—I am a packer for Mr. Achille Bloch, porcelain manufacturer, of S, Rue Pierre Lavee, Paris—on December 13th I was instructed by him to forward the goods in this list (Produced) to London—I packed them in a wooden case, marked "E. L. 4073"—I forwarded it to Mory and Company, carriers, at Paris, to forward to London—the value of the goods is £22 17s. 9d.—I have since identified a bowl, a tea pot, and some figures, as part of the consignment—these are some of the goods—these figures are about twenty francs a pair.
MICHAEL ISAACS . I am a dealer in works of Art, at 307, Mile End Road—in December I ordered some porcelain figures and articles from Achille Bloche, of Paris—I received this invoice marked I L 73—I ordered about £45 worth of goods, but I only got about £26 worth—since this case began 1 have seen some of the goods in the possession of the police—these are two specimens.
WILLIAM ELLIS . I live at 41, Arthur Road, Holloway, and am an ex-policeman—I am the owner of some stables in Annette Road which is about a minute's—walk from the Holloway Road-in December the stables were to let—on 12th December Woolbright came and enquired about them—I said they would not be vacant till December 25th, and he went away—he said he was sent by a man named Davis-a few days after that a man named Bellamy called after that, on January 5th, Day called about the stables—I asked him what he wanted them for—he said for storage for china, toys, and different things—he called the same evening and signed this agreement in the name of Charles Davis. (This was between William Ellis and George Davis of 41, Grafton Street. Mile End, for the stables at 8s. a week: Signed "Charles Davis.")—he took over the stables the same evening—after that I called there occasionally, and used to see him, not always, but perhaps once a day—I think I have seen Taylor at the stables, but I cannot say for certain—Wool bright
apparently had charge of the place: he was there pretty well all the day—I saw him there perhaps once or twice a day pretty regularly—I only saw Taylor come out of the stable once; he was with Woolbright—Woolbrigh told me he was in charge of the premises, and had been a gasfitter in Davis's employment, and that he was still employed by Davis—I got my rent up to the time they were taken into custody—Davis paid it.
Cross-examined by MR. PURCELL. I was shown a row of men at Worship Street Police Court, and Inspector Divall asked me if I could identify anyone—I picked out two men—I was asked if I could recognise anyone else and I said I thought I knew Taylor; I was not sure—that was after Divall had pointed him out—I said I was not quite certain—even with the assistance of the officer I could not pick him out.
Cross-examined by Woolbright. I advertised the stables and loft in the Islington Gazette in the early part of December-you said you were sent by Davis and Co to see if the stable was to let, and whether it had a dry loft—I told you the rent was 9s. a week—I told Bellamy the rent was 9s. a week we reduced it to 8s. when Day called on January 5th—you were not there then—I saw you the next day, January (3th, by yourself—I said I was going to have the floor and door repaired—I asked you to be there to let the workmen in on the 6th—I went upstairs to the loft with you and saw a lot of leather there, different skins—I felt them—you may have said you were picking out different colours—you said Davis had given the shed over to you to mind, and that you were receiving £2 a week—I saw you there pretty well every day—the skins must have come there on the 5th; you came on the 6th I saw some boxes and cases lying in the stable—I asked what you had done with the old cases—I saw no toys there—you told me you had been at work as a gas fitter at Defrie's in Houndsditch—any one could have walked into the stable and seen what was going on; the door was open—I did not think there was anything wrong in anything that was going on inside.
Re-examined, There were roans', and a lot of butts, sole leather, and morocco leather and patent leather and basils—there were dozens of skins—I had been used to the boot trade in my younger days—I did not say it was very valuable stuff—Woolbright did not tell me what Charles Davis and Company dealt in, or how the leather came to be there—I asked no question about it—I saw the sole leather there on January 7th: regular butts—I merely looked in the stable as I was passing on that day—I did not go into the loft again—I only saw leather there on January 7th—the shed is at the bottom of my garden—Woolbright gave no address of Davis and Company.
WILLIAM MADEBY . I am a boot-cutter, of 21, Combos Road, Victoria Park—I have known Jaeger twenty years—on the 14th January I went to his shop, which is a very small boot repairing place, at 42, Duke Street, Aldgate, and told him I was out of employment and wanted a job—he said he could put a few shillings in my way, as he had a parcel of skins for sale, 156 dozens. 125 dozen of basils, 30 dozen of coloured moroccos, and one dozen of patent—basils are always of one light colour; they are used for the boot and shoe linings—this is a morocco skin which I had as a sample;
the officer showed it to me on February 21st—these are the pieces I carried about—Mr. Jaegar gave me these—I asked him where the goods were—he said they were in bond at Rotherhithe—I asked him to whom they belonged—he said to a French firm; that a French agent was in London, and not knowing much of our language, nor the buyers, Jaegar was going to sell them for him on commission—I asked his" terms, and the name I was to sell on; and it was settled that I was to take his card and sell the goods under the name of Jaeger—he said the French agent would invoice the basils to Jaeger at 10s. per dozen, and the morocco at 18s. a dozen, and the patents at 42s.—I said that the firms I did business with, as they wanted prompt cash, would require a discount—he then put 17£ per cent, on the invoices, which he arranged with me would be 5 per cent, for me, 5 per cent for him, and 2 1/2 per cent, for working expenses—he gave me as samples these two small pieces of the coloured moroccos on that morning, not of the other things—this corresponds to the big skin—he never gave me any more—he mentioned on the 14th that he had a large parcel of bristles—I told him I did not think I could do much with them as they were not used in boot manufacturing much in modern times, but I would see what. I could do the next week—he said, "It is all right; they will be cheap; the price will be all right"—I said that I would see what I' could do the next week, when I saw what I did—he did not say where the bristles came from—he said he would give me the samples of the bristles next week—I went to Napper's on the 14th, and submitted samples, and in the evening I saw Jaeger at his shop again and told him Napper could not buy from those small pieces; he would want to see the sample skin—Jaeger said he had sold 100 dozen of the 125 dozen basils he had spoken to me about—he told me to call at his house, 43. Brunswick Street, Hackney Road, the next day for the five sample skins—I went. I did not see him, but his wife handed to me the five sample skins; this is one—there is very little of this leather in England; it is very little used in the shoe trade—I took the five skins to Napper's in Whitechapel Road, and left them there—I called on Jaeger again on the evening of the 16th and asked if he had had a communication from Napper in respect of the samples I had left, and he said he had had a letter with an order which he showed me, for five dozen—Jaeger said he was going to deliver them next morning, and he had no doubt he should be paid on Saturday, and if I would call round on Saturday he would pay me my commission—I called on Saturday, and he told me Napper required a reference, which all my people who I am connected with do—he said, "I have taken them the reference from the French agent, and it will be all right, but he won't pay me till Monday morning, because Messrs. Napper intend making inquiries—he said Napper promised to pay him on Monday, and he would pay me on Monday if I met him at 11—on Monday, 19th, I met him by appointment outside Napper's, and said, "Have you got the cheque?"—he said, "No"—I said. "How is that 1?"'—he said "Messrs. Napper want to make further inquiries before they pay"—I said, "What have you to fear about their making inquiries? I can wait till to-morrow for my commission"—as I was speaking to him outside the shop, a man, who I cannot identify, came up and spoke to
Jaeger, and he hurriedly went away, tolling me to wait in the coffee shop next to St. Mary's station, and he would be back in a quarter of an hour—in a quarter of an hour he came back and showed me this business card of Charles Davis and Son. Commision Agents. 29, Bread Street. E.C.; on it was "Wm. Jaegers, Sir, I must have cheque by 1.30, or you must refund goods by 2 o'clock certain, C.D."—I said. "I cannot afford to waste my time like this; I must go about my business, I have my living to get"—I went away and did not see Jaegers again till I saw him at Worship Street Police Court on February 23rd—I asked him why he did not leave the goods, what had he to fear, and wait till to-morrow—he said he had to do what the agent told him—Napper's is a respectable house, and I have done thousands of pounds of business with them.
Cross-examined. I worked for Jaeger about 14 years ago—I was looking at these skins from the point of view of their being used in the boot trade; some of them are and some are not—I knew moroccos were not used in the boot trade—Jaeger makes some boots, as well as doing repairs—I did not know the price of the moroccos, and never had any dealings with skins in all my career; I have been a traveller in the boot and shoe line, not in skins—I thought the prices were all right—I took it for granted he was doing an honourable transaction, and that everything was right—I thought he being a foreigner had met a traveller from the Continent—I said before the Magistrate that I did not know the man who came up and spoke to Jaeger—I do not see him here—I know he was not a Frenchman.
FREDERICK NAPPER . I am a leather merchant of 94, Whitechapel Road—Madeby called on January 14th. bringing three sample cuttings; these two are from the same kind of skins—I looked at them and said they were no good to us as they were not suitable to our trade, but looking at them again I picked out this dark colour and said, "I will send this round to my slipper maker and see if he will buy them"—I asked him who he was selling the skins for; he said Jaegers, whom I have known for some considerable time—I said that I could not judge from that sample, he must bring the whole skins—next day he brought this skin—in consequence of a communication with Phillips, my slipper cutter. I wrote a letter to Jaeger: this is a copy—(Requesting Jaeger to send next day five dozen maroon morrocos as they had a customer, provided they were up to sample.)—on the 17th about thirty dozen were delivered—I saw Jaeger with the skins as they were being delivered; I did not notice the carman—they were brought on a cart and Jaeger was there—the five sample skins were left at my warehouse and taken away later, except the one left with the slipper maker—it is very unusual to deliver more than are ordered—there were five dozen of this sort and twentyfive dozen of various kinds—there happened to be in my warehouse at the time of delivery when Jaeger was there. Mr. Sceppa, a foreigner: he noticed certain marks on the skins, said something to me, and in consequence I called Jaeger into the counting house and said, "This gentleman from Paris recognises the manufacture of these skins, and Madeby has given me to understand that you are the agent for them"—I said, "The
name of the manufacturer is Fernand Flocquet, and from the value Mr. Sceppa put on them they appear to me to be stolen, as you could not sell them at that price: the proper price would be about 49s. a dozen, and Madeby asked me 22s. 6d."—I said, "You must prove to me where you got those skins from"—he said, "Well, the fact of it is it is a foreigner in the City who has got the skins, and he cannot speak any English, and I am selling them for him"—I said, "That tale will not do for me; you must prove now where you got those goods, or take them away"—he went away and came back about three o'clock that day bringing this invoice, "London, January 10th, 1903, M. Jaeger and Co., bought of Chas. Davis and Co., Commission Agents, 29, Bread Street, E.G., and 1 and 2, Workshop Buildings, Holloway. Miscellaneous goods bought in large and small quantities for cash: 16 dozen moroccos at 22s., £17 12s.; 11 dozen roan, 19s., £10 9s.; total, £28 1s."—he said, "That is where the goods have come from"—I said, "I cannot make enquiries to-day, Saturday, every city office will be closed, I shall have to leave it to Monday and send a clerk, or you can take the goods away"—he said he would leave the goods till Monday—he would call at 11—he said, "If I had any doubt about the goods I should not bring them here, I should not think of doing it"—on Monday he called about 11—I said my clerk was ill, I had not been able to do anything; he must either leave it till next day or take the goods away: I could not do anything then—he asked me if I could give him a cheque on account—I said, "Certainly not"—he said, "If you don't do that I must go outside and see a gentleman"—I believe he did not mention the name; I will not be positive, he might have said Davis—he came back in about thirty minutes and said that unless he had a cheque on account, he must take the goods away—I said, "Take them away then"—he had a card like this in his hand—he did not pass it to me—Jaeger called shortly afterwards with a van, and all the 20 or 30 dozen skins were taken away except this one and the samples—he assisted in removing them—some little time later Flocquet's agent called and saw this and three other skins.
Cross-examined by MR. BURNIE. I am no judge of the skins—I was going to use them for slipper making—I knew nothing about these highclass morocco skins, or Flocquet, till I saw Sceppa, and until then I thought it was a fair price—I thought it was an imitation grain, that is where the difference in value came in—imitation moroccos, as I thought these were, are used for slippers; it would be about the price for them—I made no suggestion about the invoice—I said that he must prove to me where he got the goods—he said he was acting for an agent, and therefore I should not expect an invoice—I don't remember saying before the Magistrate I said "You must show me the invoice" '—I may have said so—if it is on the depositions I suppose I did.
CHARLES DAVIS . I am a cloth merchant at 29, Bread Street City—this is not my card; I know nothing" about it—the writing on the back is not mine, I know nothing about that—this is not my invoice or billhead: the printed top is different altogether from mine—this is Charles Davis and Co., I am only Charles Davis—otherwise it is my right name
and address—I have only one place of business. Workshop Buildings, Holloway, have nothing to do with me—I have been at 29, Bread Street, for ten years—I have only a portion of the premises there—there has never been any other Charles Davis there in my time—I say the same about the other invoice—all the prisoners are strangers to me—I never gave any of them authority to act on my behalf.
GEORGE WILLIAM HURCOMBE . I am a carman of 29, Hornsey Road—I used to be in the employment of Mr. Allen, of Hornsey Road—on Saturday January 17th,—Woolbright came to our-stables and hired a horse and van and told, me to drive to Annette Road—he came with me—we went to some stables in Annette Road, where he told me to back the van into the gateway, and then he brought out leather and I put it in the van—when" we had done loading, Day and Taylor came up and spoke Woolbright—I did not hear what was said—after that Woolbright got up and told me to drive off sharp and go to 43, Brunswick Street—I do not know where Day and Taylor went—at Brunswick Street Woolbright knocked at the door, went into the house and came out, and we carried the things upstairs—he told me to help him carry them up—we unloaded the same skins that we had brought from Annette Road—we carried them up to the first floor back room—it was a private house, with no name or anything on the door—there was a bed and bedstead in the room—Jaeger, who was in the house before we got there, stood on the stairs and took the skins off our backs as we got upstairs—then Woolbright and Jaeger and I got in the empty van, and Woolbright told me to drive to a shop in East Road, Hoxton, the name of Hochfeldt was over the door—Jaeger and Woolbright got down, and one or both went in, and I was handed a little hard heavy paper parcel, which I put in the van—Jaeger and Woolbright told me to drive back to Duke Street. Brushfield Street: they both came to me—I stopped outside a public house with Woolbright, and he and I went in, and Jaeger took the parcel to his shop in Duke Street, and when he came back he gave Woolbright a letter, and Woolbright told me to drive to Brunswick Street, and I drove there, where we loaded up the leather, which we had taken there before—I stayed in the" van—I had only Woolbright with me then I was told to drive to Whitechapel, and went to Napper's warehouse, where the leather was unloaded—then Woolbright drove back with me to Holloway, and left me in the Holloway Road and told me to tell my master to book-eight hours' work.
Cross-examined by MR. PURCELL The two men who came and spoke to Woolbright did so outside the stables—they were only there a minute, because we were loaded ready to drive off—I had not seen either of them before—I was shown a number of men at Worship Street Police Court, but I did not recognise anyone before the others recognised them—four of us, all carmen, went in to see if we could recognise anybody, and when Some one picked out somebody I recognised him—it was a long time ago and you sec many faces driving about—when somebody picked out Taylor I recollected him—I don't suppose I should have done so if the other carman had not picked him out—Buckland picked Woolbright out in
the police court yard first—he is not here now—when the men were all of a row I said that I did not recognise anybody—I do not know that Taylor was picked out in the yard by anybody—when I saw Taylor in the dock I thought he looked like the man I had seen in January—I should not like to swear to him.
Cross-examined by Woolbright. You hired the horse and van from my employer, Mr. Allen, who gives orders to the horse keeper overnight—I was in bed when they came and fetched me out and told me there was a job—I saw you in the yard just before 8 a.m.—I do not know if this van was ordered on the Friday night, or when, or if it was ordered at all—I was in casual employment there—I was not in the yard when you came in—you counted the skins into the van: there were twentyfour or twenty-six, bundles—I don't know how many are" in a "Bundle—I counted them after you—nothing was put over them—they were only tied with a piece of string, and had no wrapper or cloth over them—we put under them some sacks I had for my knees arid a little potatoe sack on the top of them: anyone could see the bundles—I asked where we had to drive, and you said to 42 or 43, Brunswick Street, and we had to get there by nine o'clock—I did not pick you out at Worship Street—I said I did not know you—I could not recognise any body then—I recognised you when you were sitting in the dock—at the police court I said that after we unloaded we went to Duke Street or else Whitechapel—I know I made a mistake—I rectified that—I don't know who went into the shoemaker's shop, only one went in—you got out of the van—we went into the public house—you said, "Pull up a little way, do not stop in front of the shop"—it was narrow there—that was Hochfeldt's shop—we had to pull up to let the traffic pass—Jaeger carried the parcel to his shop—I do not think Jaeger was with you and me when we reloaded the skins at Brunswick Street—you said you had got a paper signed—I do not know whether it was an invoice—I saw a paper in your hand—I should think it was about twenty minutes to four when we got back to Holloway Arch—it was not nearer one or half past—Mr. Allen followed us home—I think it was just before two when we got back, and you told me to book eight hours and you said you would see my employer later on you did not tell me whom to book into my employer employer said, "Who is it?" and I said "The leather people"—I did not know the name.
ROBERT HOCHFELDT . I am a leather merchant of 129, East Road, City Road—on a Thursday, last January, I was negotiating with a man named Davis, who is like Day he had no beard) for some basils—he said he had a great quantity at a wharf—I made an appointment with him for the next Saturday—he did not arrive, but on the Monday he called and told me he had to remove the things by order of the wharf authorities to his warehouse in Holloway, and had to take a temporary warehouse—I went with him to Annette Road, Holloway—I did not see if the place was locked up or open—I saw a young man there, whom I do not recognise—I went upstairs; you can call it a loft if you like, I call it a warehouse, a place where a lot of goods were stored—there was a quantity of leather,
a very large quantity of basils, like these, porcelain figures like these flower stands and cases—I saw nothing downstairs but empty cases—the young man went upstairs with me—he was English, I think; I heard him speak—I saw no horses downstairs, but it had the appearance of a stable, it had a rack and manger—the tipper part more resembled a. warehouse than a loft—I cannot say what the man I went with called the young man—I do not recognise the young man: he resembled Taylor—they both went upstairs with me—Day spoke to me—he said he had the crockery and leather for sale, that they came from France, and that he had a larger quantity than those at some railway arches, and had not had time to remove them, but he had to move them because he was afraid they would be taken away: they were not quite safe there—I looked over the basils—he said he had to sell them for a French firm—he did not tell me the name: I did not ask him—he wanted originally 10s. a dozen for them—they were in my line—I could almost judge by the weight that they were worth no more than Us., because basils are generally bought by the weight—I made an offer of 9s. 6d. a dozen—he said it was a very low price, but he agreed to take it—there were 137 dozen, I believe, that was what I made the offer for—I saw the figures—I am not in that line—I said, "I am rather interested in china, because I have collected china ever since I was a youth"—he said that they were antique—I said, "No, they are not; I can tell when I look at them that they are imitation '—he said he had a large quantity to sell—they did not further interest me—I did not look at the roans or moroccos; I saw none there—the bargain was agreed for the l."57 dozen basils, and they were delivered three or four hours after I was there—he told me he would deliver them as soon as he possibly could—when they were delivered 1 signed for them in a book—about an hour afterwards Day brought me this bill the addresses on it are 29 Bread Street, and 1 and 2, workshop Road—I went to Annette Road, which is not on the bill I wrote, "Arthur Road, Holloway," on it at my place after he brought the invoice—I think he told me he had another place there besides—I only went to the stable in Annette Road—I forget why he came to give me another address, it is so long ago—he must have given me that other address saying that it was his private address; I cannot suggest anything else—I entered the transaction in my books, not the address—I looked up the address in Bread Street, City, and saw Charles Davis was there—I did not called there paid by a cheque and 1s. in money because I found after reckoning I had made a mistake—I saw him write the receipt at my place—I had never seen him before; he was recommended tome by Mrs. Smith, a business relation, whose card he brought—I cannot say her address by heart; I gave it to the police—she is in the leather trade, near Brick Lane—I have known her for years—Day came four days before the 12th, on the Thursday. Nth—I know Jaeger: he used to call two or three times a week—he called about—January 20th and showed me a morocco cutting of a dark claret colour, something like his—he told me he had 15 dozen of those skins for disposal for a French agent who had to meet a bill, and he was willing to let them go cheap—he did
not give mo his name—he asked first £1 a dozen, I think; I closed at 17s. a dozen, taking the whole 15 dozen—he said he was only getting a commission out of it, and the French agent had to meet a bill and wanted the money very particularly—he told me the skins and the transaction were thoroughly straightforward—I said, "Can I sell these goods to anyone without fear, by exposing them; is there anything wrong about them?—he said, "No, nothing whatever"—I had known Jaeger as a boot manufacturer—you cannot tell by seeing a part of a skin what the skin is: it was a different thing when I saw the whole one, I knew then what they were—when I saw them I found they were ordinary book-binding moroccos, and then I went at once to my solicitors—they were delivered in Jaeger's absence—I paid him by cheque, dated January 20th, £12 15s., which has been paid—I did not see—the skins till four days after they were delivered—they did not want much examining to see they were book-binding morocco—there was no discount—I saw the skins were marked F. F. in a circle, and I knew it meant Fernand Flocquet, and I then packed the skins together, put them on a shelf and went down to my solicitors—on their advice I went to Jaeger and told him my solicitors had advised me to call on him, and that I had strong reasons to doubt that the goods were come by honestly and could never be sold at the price, that they were really book-binder's morocco, and I thought they were only common grained roans—he said he could not make it out, that he thought they were all right and he would do the best he could in the matter—he came next day after receiving my solicitor's letter, and said he was very sorry, but he would try and see his people and get me the money back for the goods, and he re-affirmed that the goods were according to his opinion as straightforward as anything he had ever bought—this is the receipt that was given when the goods were cleared away on January 20th—I have not seen any of the money back—I paid by cheque—I asked for it—three days after my solicitor wrote to Jaeger he came and told me he had tried to find his people and would try to get the, money back, but he did not take the goods then—the cheque is endorsed J. Jaeger, and was cashed the same day, 20th January—Jaeger also offered me some bristles, which were not in a leather merchant's or bootmaker's line—he said he had two or three cwt. for sale, and his people wanted to sell them cheap—I had nothing to do with them, they were not in my line, and he took them back and said he would not have anything to do with them—he showed a sample something like these—they arc not the kind shoemakers use, but a stronger kind—he left the box with me—I think he left that sample a day or two before I bought the 15 dozen skins—it might have been the day after, or a day or two before—he took the box back afterwards when I said I did not want them.
Cross-examined by MR. PURCELL. I do not swear Taylor is the man I saw at the stables.
Cross-examined by Woolbright. The skins in the loft were not covered over, anyone could see them, and the china images were all open—I really thought the place was proper and straight forward for the class
of business that was being carried on there—everything was laid out so nicely—I saw no reason to doubt it.
Cross-examined by MR. BURNIE. If it was taken down by the Magistrate that I said the bristles were shown me on January 21st, that is what I said—when I said I did not want them, he said he would not have anything more to do with them; they were not in his line—I had known him for fourteen years as selling leather to him—he is a bootmaker—I think when he came on January 20th and showed me this sample he came in the ordinary way of business to buy leather—he told me he had been trying to sell leather for some people, to Napper, and there was a difficulty about it and he thought he would not have anything to do with it—I did not say I thought it was a pity, I should like to have a look at it; it was all right—he said he had shown the leather to Napper, and they wanted to pick a few dozen out and he would not have that—he said he would not have anything more to do with it—I did not say, 1 "That will be all right; you let me have a deal"—he said he had offered the things to Napper, and Napper wanted to pick out five dozen, and he could only sell the bulk of it—I did not mean to say Jaeger said he could not have anything more to do with them—he began dealing with me after he said Napper had refused to buy the lot, and wanted to pick a few dozen out, but he could only sell the lot—he did not tell me Napper wanted to make enquiries about the goods, and his people would not wait for enquiries—I did not then suggest that I would buy the goods—he did not say, "I have sent it back to my people, but if you want it I might get it again and let you look at it"—when he gave me the invoice he said it was all right, and I could show it anywhere—when I said I had found out they were book-binding moroccos he said he thought they were imitation morocco—he said, "Now I know about them I will have no more to do with them"—one is imitation and the other natural grain—we buy them as roans or moroccos—this invoice describes roans.
ALEXANDER BOUCHERRE (Re-examined.) This invoice describes fifteen dozen mechanical roans, which means imitation; the grain is put on by machinery to look like morocco—the price of imitation roan is according to the size of the skin—a real skin like this would cost 40s. or 45s. a dozen, and an imitation 35s. to 39s. per dozen—these skins are morocco—one is for the boot and shoe trade, and the other for bookbinding—the price of real morocco is 128s. per dozen, and imitation morocco 48s. or 40s.
JOHN SHEPHERD . I live at 29, Hornsey Road, Holloway, and am a carman in Allen's employment—about January 21st I had instructions to take my van to Annette Road—Woolbright came before I started, and I drove him to a stable there—he told me to back my van in the gateway—I saw Taylor and Day there—we all four helped to load skins something like these, in bundles, into the van—Woolbright and I then got in the van, I do not know where Taylor and Day went, and drove to Hochfeldts', East Road, having a drink before we got there—Woolbright went into the shop there, came out after a little while, and took the skins on his shoulder into the shop.
Cross-examined by MR. PURCELL. I had not seen Day and Taylor before
21st—they were in the stables when I got there—I cannot say if they remained till I went away with the van—I only saw them while we were loading up, and we were busy over it—in February I and three other carman, including Hurcombe, were shown a lot of men at Worship Street—the police asked if we could recognise anybody, and we said we could not—we were asked to take a better look at them and walk up and down, and that did no good—Divall did not put his hand on Taylor's shoulder, I must have seen it if he did—Buckland was the only carman who recognised anybody—I knew Taylor when I stood back to the wall, before Buckland said he had recognised him—I told the detective of it—the detective did not tell me to go and pick him out—next day I saw the prisoner in the dock and I recognised Taylor—I am prepared to swear to him; I cannot make a mistake about it.
Cross-examined by Woolbright. It was a covered-in van—the skins were counted in—they were all open in the van, nothing was covered over—you put them on your shoulder in the open street out of the van and carried them in—you did not come out and say. "I have the invoice signed"—you did not go back to Holloway with me—after leaving the skins we went to a public house and then you left me and I went back—I cannot say that anything was said about paying for the van—you said, "I shall not want you any more, if I do I will come up for you."
Re-examined. I am positive now that Taylor is the man.
ALFRED CRUTCHETT (Police Sergeant II.) On February 11th, about 3.30 p.m. I went to 99, White Cross Street, St. Luke's, a rag and bone shop kept by Arthur Renvoize—it is about a mile from Whitechapel—I there found 83 boxes of bristles in two sacks—this is one of the boxes; it and the other 82 have been identified by Girard Dupont's representative as having been stolen from the van at that time.
JOSEPH COKELEY . I live at 22, Ealing-Street, Bermondsey, and am employed by Samuel Barrow Bros., leather merchants, of Weston Street, Bermondsey—on February 3rd, I despatched by Oaks, a carman, 37 cwt. 2 qrs. 24 lbs. of leather, value £241—on February 16th I received from the police all that leather except about 3 cwt.
BENJAMIN OAKS . I live at 13, Dunlop Place, Spa Road—on February 3rd I was acting as carman for Barrow Brothers—I received a load of leather on that day which I was going to deliver when Day stopped me—I had no van boy—he invited me into a public house and on the bar he wrote a telegram; I believe this is it—he gave me 8d. and asked me to take the telegram—I was not able to find the post office, and when I got back I could not find Day or my horse or van.
ARTHUR WARD (189 E.) At 9 p.m. on February 3rd, I was in Sidmouth Street, Gray's Inn Road, and saw a horse and empty van—I made inquiries and took the van to the Hunter Street Police Station—the name on it was Barrow and Son, Bermondsey.
FREDERICK WENSLEY (Police Sergeant H.) On February 12th I was with Inspector Divall in the Holloway Road, watching; we had received some information—I saw Day, Taylor, and another man, get off a tram Car at the corner of Hornsey Road and Holloway Road—they separated,
the other man went along Hollow-ay Road, and we followed him—Taylor and Day went down Hornsey Road—the other man went to sonic stables in Annette Road, at the hack of 11. Arthur Road, where he knocked at the door: Woolbright opened it and let him in—the moment after Day and Taylor came and knocked at the stable door and were let in by Wool-, bright—they stayed a few minutes and all four came out; at the cornel they separated—Day and Taylor went through Annette Road, Woolbright, and the other man turned to the left into Hornsey Road, and to a railway arch over the Hornsey Road where the other two joined them—all four went into a public house—Wool bright went into a second public house and I followed him to 105. George's Road—he passed through the passage there and went straight to a w.c. in the yard at the back—I saw him over the door, doing something to a cistern—he came out and in the street Divall said to him, "Let us have a look at the stuff in the stable. I think we can do with it"—he said. "I don't know who you are or what you mean—Divall said. "We saw you go into the Coach and Horses public house with the other men '—Wool bright said, "Yes, they are pals of mine '"—Divall said, "Well, perhaps we have made a mistake"—I went away—on February 14th. about noon, I was with Sergeant Lee and two other officers in Holloway Road—I saw Day, Taylor, and another man, not the man we saw with them before—they went into the Coach and Horses public house Holloway Road—after a few minutes they came out with Woolbright, and went along Holloway Road—eventually I saw them go into the stable—Woolbright opened the door from the outside—they stayed five or ten minutes, and then came out and went in different directions—I followed Woolbright who after meeting another man and going to a public house, went to 103, George's Road—I followed him—he went straight through the passage to the w.c. and closed the door—Lee knocked and told him to open it, saying we were police officers—no one answered—Lee pulled the door open by means of a piece of string, and I saw Woolbright I went back to the stable, where I had left Sergeant Girdler leaving Woolbright with Lee and two other officers—Lee joined me shortly afterwards with the key—he unlocked the stable door, and inside we found a quantity of earthenware or china figures, vases, bowls, teapots, sugar bowls, flower baskets, these two rent books, and these two small pieces of morocco, two tons of leather, and a quantity of bristles, which have been identified by the witnesses—Mr. Barrow's representative has identified the two tons of leather—we removed it all to the police station—on February 16th I arrested Day outside the Coach and Horses—on February 23rd. Day, Taylor, and Woolbright were all at the police Court—on February 23rd I went to 43, Brunswick Street, and saw Jaeger's wife—afterwards I went to 42, Duke Street, a very small jobbing shop, with two very small rooms—I saw Jaeger there and said. "We are police officers: we want to know what has become of the twenty-two or twenty-six dozen skins you have had taken into your private house one Saturday this month '—he said. "You have made a great mistake, I never had any skins in my house: I have made a statement to the police at Bethnal Green, and told them all I know."—Hurcombe was with me, waiting outside
—I said, "We have got a man outside who says that he took twenty-two or twenty-six dozen skins from Davis's stables at Annette Road to your house, and that you took them in"—he replied, "Well, he is a liar, I never had any skins in my house" '—Hurcombe was then brought in, and he said, "This is the man that took in the skins at 43, Brunswick Street" pointing to Jaeger—Jaeger said, "Well, I am sorry I have told lies about it, but the reason was I did not want to upset my wife"—I had left his wife at Brunswick Street—I said, "You had better come to the station and make another statement"—he had made a previous statement, (Exhibit 20) at Bethnal Green Station: I read it over to Jaeger before I took a statement (Exhibit 21) from him at Leman Street, and after I had seen him at the boot shop—after I read the last statement to him he said, "This is a relief to me; I have now told you all I know; this is the only transaction I have had with him and it will be the last"—(The statements gave an account of the sale of the leather to Messrs. Napper, in which he alleged he had acted as agent for Charles Davis, and denied that he knew there was anything wrong)—on February 24th I went to Mr. Hochfeldt, and in consequence of what he said to me I went to Worship Street Police Court, where Jaeger was waiting to go as a witness to identify the other prisoners—I said to Jaeger, "I have been to Hochfeldt's this morning, and he gave me this receipt," showing it to him; "Mr. Hochfeldt said you sold him these skins and he paid you for them and afterwards made you take them away"—Jaeger said, "I don't know anything about it; I know Mr. Hochfeldt, but have never sold him anything in my life; I don't know how he got my bill head; it has nothing to do with me, I assure you"—I then sent for Mr. Hochfeldt, and he said to Jaeger, "You sold me the skins: why don't you tell the truth?"—Jaeger said, "Well, I did sell them for Davis; I don't know what has become of them; the reason I said I did not sell them was I did not want to draw Mr. Hochfeldt into the mess:'—on February 25th I got from Hochfeldt this cheque for £12 15s., and the receipt for the goods given by Jaeger when he took the goods away—I sent for Jaeger and his son, and they came to Leman Street Police Station, and I showed them the cheque and the receipt, and told him I had just received these two documents, and wanted to know what had become of the skins-Jaeger said, "They paid me the money, I gave it to Davis; I only got 12s. out of it; I received a letter from Mr. Hochfeldt's solicitor, telling me to take the skins away; I sent my son for them and I don't know what has become of them"—the son said in his father's presence, "Father sent me for the skins; I got them from Mr. Hochfeldt, and gave them to a man outside; I do not know the man; he had a barrow, and took them away: that is all I know about them"—on March 3rd I went to 43, Brunswick Street, and told Jaeger I was going to arrest him for being concerned with Day and others in receiving a large quantity of leather, stolen on December 18th last—he said, "I am surprised; this is a serious matter for me"—on the way to the station he said, "When Napper would not have anything to do with the skins, Davis asked me to try and find him another customer; I then sold a part of them to Hochfeldt and got the
money for them; as you know I don't know what became of the others"—when he was charged with stealing all the property in the van he said, "You have charged me with stealing all the property; I know nothing about that; I only know I had dealings with fifteen dozen skins"—when we searched the stable on February 14th, we found none of the morocco except the two little pieces.
Cross-examined by MR. PURCELL. We saw two other men besides the prisoners when we were watching the stable—I know the names of those other men, Bellamy is not one of them—not all the men I saw at Annette Road were known to me before January 12th—I knew one of the nameless ones before—I had seen Day and Taylor before—I don't know if Taylor knew me.
Cross-examined by Woolbright. I had not seen you before February 12th—when I went to 105, George's Road, I saw a number of women up and down the stairs: I asked for no one, but went right through the house—I met four or five people; it is a very small private house—Divall did not say to you, "Three men in the Coach and Horses told us to come up here to see you, and you would show us some leather that you had got to sell"—I believe there was a little conversation after I left—I walked on in front and Divall said something I believe which I did not hear.
Cross-examined by MR. BURNIE. I made inquiries about Jaeger—there is nothing against him before this—he was at Worship Street at the request of the police on February 25th—I don't know what the Treasury were going to do with him—I had warned him to be there.
THOMAS DIVALL (Inspector H.) I was with Wensley on February 12th in the Holloway Road—I saw Day, Taylor, and a man not in custody, and afterwards Woolbright let them into the stables—they all four came out together and separated—I followed Woolbright and the man not in custody—we followed Woolbright into his house and saw him in the w.c, and" when he Came out into the road I said to him, "Let us have a look at the stuff at the stables; I think we can do with it '"—he said, "I don't know who you are or what you mean '"—I said, "We saw you go into the Coach and Horses with other men"—he said, "Oh, yes, they are my pals"—I said, "Well, perhaps we have made a mistake"—he said, "Yes, you have made a mistake; I don't live, about here I live in St. Luke's; no, really, I don't know anything about any leather"—we came away—on the 14th I saw Woolbright in custody at Leman Street Police Station; he remembered me—he said, "I did not know you on Thursday, I don't know the other three; I know a Mr. Davis, and I will recognise them all; all the leather is there"—I understood him to mean at the stable—on February 16th, when they came from different cells into the waiting room, Woolbright at once went to Day and Taylor and looked in their faces and said, "I don't know either of you; no, I don't know you"—when charged with stealing this horse and van and contents, Woolbright and Taylor said nothing; Day said, "I am not guilty."
Cross-examined by Woolbright. I knew something about Day, Taylor, and the other man when I saw them on February 12th—I had not seen
you before, but I knew something about you—I had been supplied with your description—at 105, George's Road, I said to the landlord, "Where is that old man who has gone in here, I think he is a friend of mine"—I did not know your name—you came out voluntarily, we did not touch you—I did not say that three men had sent me to you about some leather—I did not say we were buyers—you could go where you liked between the Thursday and Saturday—we went away because I was afraid you might find out something about us.
SAMUEL LEE (Police Sergeant H.) On February 14th I was with Wensley and others—I went to George's Road, following Woolbright, and knocked at the door of the w.c. after he was inside—I said, "We are police officers, open the door"—he made no answer so I pulled the door open and saw Woolbright in there—Wensley then went away—I said to Woolbright, "Why did not you open the door when I told you who we were?"—he made no reply—I said, "We have reasons to believe that you have some stolen property at the stable you have just left, and we want the key"—he said, "I have not any key, I don't know what you mean"—I-said, "We shall search you"—he then produced—two, small keys—on searching the w.c. I found this key in the cistern—I went with it to Annette "Road and it opened the stable door—I left Woolbright detained.
Cross-examined by Woolbright. I could see feet under the door of the w.c, and knew you were there—I gave you a couple of seconds to come out after I said we were police officers—I asked you to kindly step out when the door was opened—your trousers were partially down, but I do not think you had been using the w.c.—I saw no money taken from you—it was a small cistern—we did not have to take it down to find the key—'t was between the cistern and the lid, you could just see it sticking out.
BENJAMIN LEESON (Policeman H.) I 'and Cornish arrested Taylor on February 16th in the Holloway Road—I told him I should take him into custody for being concerned with another man in stealing a horse, van, and its contents on February 3rd—that was on another charge of stealing leather—he said, "I don't know what you mean, I have had nothing to do with it"—I took him to the station, and he was charged there with that offence—I was present on February 14th when Woolbright was arrested at 105 George's Road—he was left to me while the other officers went back to the stables—he said,. "This is a bad job for me, have you" got he other men; I, was going to meet them at the Coach and Horses, Holloway Road, at 10 o'clock on Monday morning: we sold some of the stuff for £5, the others had £2 each, and I had £l; I have got to pack it up on Monday morning; I was a fool to have anything to do with it after Thursday, when two gentlemen came rushing in there and wanted to have a look at the stable; I told them we should get caught if we did not look out; there is one thing, I have got a good character up till now"—later on he was taken to Leman Street Station in a cab—he asked where he was going; I said we were going to Leman Street Police Station—he said, "Very well,—I hope you will get the others, for
they make more out of it than I do"—he was formally charged at the station—I was not present all the time.
Cross-examined by Woolbright. I wrote down what you said shortly after I arrived at Leman Street Station with you.
WILLIAM SMITH (Detective J.) On January 19th I went to 42, Duke Street, a small boot shop—I told Jaeger I was a police officer inquiring about some leather which had been stolen—he said, "That is right, I will tell you the truth"—I said, "We had better go somewhere where it is quiet," and I suggested Bethnal Green Station, and went there with him—he there made this statement (Exhibit 20) which I took down—I read it over and he signed the last sheet—when he was leaving the police office he handed me this card (No. 12) with the pencil mark on it.
The prisoners' statements before the Magistrate. Woolbright says:"I was engaged in consequence of an advertisement for a man to take charge of a warehouse, and I did not know the goods were unlawfully come by. Mr. Davis engaged me and gave me a key. Mr. Davis is not here. Things were only taken out by Mr. Davis' orders. "The officers' say they saw them, but they followed me and never attempted to take me." Jaeger says:"I only had the one transaction, that is all, I know. I did not know that the leather had not come direct from France. I knew nothing of the stable." Day and Taylor said nothing.
Woolbright, in his defence, repeated in substance his statement before the Magistrate.
GUILTY of receiving.
Day and Taylor then PLEADED GUILTY to previous convictions, Day on November 26th, 1901, at Lincoln; and Taylor on April 16th, 1901, at Clerkenwell. Seven other convictions were proved against Day, and two against Taylor.
DAY— Five years' penal servitude.
TAYLOR— Four years' penal servitude.
WOOLBRIGHT, who was stated to be associated with Day, Taylor, and Jaeger in other van robberies, Four years penal servitude.
JAEGER— Twelve months' hard labour.
FOURTH COURT.—Wednesday, Thursday, and Friday, April 1st, 2nd, and 3rd, 1903.
Before J. A. Rentoul, Esq., K.C.
363. SYDNEY BROME KENRICK (34), JOSEPH PHILIP SHAKLES (30), and MARY ANN NIX (45) , Conspiring and agreeing together to obtain, and obtaining goods by false pretences from Spink and Sons, Ltd.: Swan and Edgar, and Cyrus Leaf Daniell with intent to defraud.
MR. ELLIOTT and MR. FITCH Prosecuted; MR. LAWLESS appeared for
Kenrick, and MR. LAYMAN and MR. FULTON for Shakles.
THOMAS HENRY SUSANS . I am chief clerk of the Eastbourne County Court—I produce the file of bankruptcy in respect of Mary Nix, of the Royal Marine Hotel, Marine Parade, Eastbourne—the date of the receiving
order is October 14th, 1897—she was adjudicated a bankrupt on October 30th—there was a public examination—she never attended to sign the notes of the examination—she has never applied for her discharge, and is still an undischarged bankrupt.
Cross-examined by MR. LAWLESS. I cannot recognise the prisoner Nix as the bankrupt.
WILLIAM GEORGE EMERY . I am the counting-house manager of Messrs. Swan and Edgar—it is my duty to get references taken up, and to sanction credit—I remember receiving Exhibit 10 from Miss Nix, and in reply sent her various patterns—I then received Exhibit 11 from her ordering various articles, and giving as a reference Messrs. Brome and Phillips, of 99, Regent Street—Mr. Pardell made the usual inquiries, which were satisfactory, and goods to the value of £17 14s. 9d. were supplied—we have applied several times for payment, but have never succeeded in getting it—on January 9th I called at 56, Redcliffe Square for the money—the waiter opened the door, and I told him I was from Brome and Phillips and wanted to see Miss Nix—I then saw the female prisoner and asked her if she was Miss Nix, she said "Yes"—I told her that I was from Swan and Edgar, and presented her with the account—she then said she was not Miss Nix, and went downstairs as if to fetch her—she returned in a few minutes and said that Miss Nix could not see me then, but would see me in half an hour if I would return—I returned in half an hour, but was unable to see anyone—the next time I saw her was when I went with Inspector Drew to arrest her—on December 11th, Kenrick and Shakles called at our place of business and ordered a carpet to be sent to their office at 99, Regent Street—we knew them as Brome and Phillips—the same day we received Exhibit 15 from them, asking us to open a monthly account, and giving as a reference a Mr. S. Kenrick, of 48, Leinster Square, W.—we wrote to the reference and asked if we could safely trust Brome and Phillips for £50 or £100, and the following day received Exhibit 17 saying that we could—shortly after, Shakles called in and asked if we had decided to open an account; I said that as it was a trade account I should have to put it before the secretary, who was then absent from business for a time—he then referred to Miss Nix and said that we should find her an excellent customer, she having paid them about £300 or £400 for furnishing—a day or two after, Kenrick called in and asked if we had decided to open an account—I told him we had got no further, but if he would leave the matter in abeyance I would let him know—on January 11th, Kenrick and Shakles called in again and wanted to know if we had yet decided to open an account; I told them I had put the matter before the secretary, and that he could not see his way to opening an account at that time, but if they dealt for cash for some time we might then open an account—the carpet they ordered was paid for, 45s.
Cross-examined by MR. LAWLESS. The letter from Brome and Phillips asking to open an account, and the letter of Mr. S. Kenrick of 4S, Leinster Square, I thought to be in the same writing, and I got suspicious—we were the first to suggest credit to the extent of £50 to £100—I called at
99, Regent Street, about a dozen times—all the goods had then been supplied to Miss Nix—it is not an uncommon thing for a person to trade in a false name.
Cross-examined by MR. LAYMAN. I only knew Shakles by the name of Phillips, I do not remember him telling me that his real name was Shakles.
PARDELL. I am an assistant to Messrs. Swan and Edgar—in December last I received certain instructions from Mr. Emery, and in consequence called upon Messrs. Brome and Phillips, at 99, Regent Street—I saw Shakles—I told him that Miss Nix wanted to open an account with us, and asked him if she would be good for £10; he said they had done furnishing for her and that she was quite good for £10—I reported my interview to Mr. Emery and the goods were sent.
Cross-examined by MR. LAWLESS. I did not see Kenrick.
MARGARET ELIZABETH TWIZALL . I am an assistant in the hosiery department of Messrs. Swan and Edgar—on December 10th I remember Miss Nix ordering two pairs of combinations and some stockings, value 19s. 9d.—the goods were sent the same afternoon.
GERTRUDE CLARK . I am an assistant in the boot department at Swan and Edgar's—on December 10th, Miss Nix ordered five pairs of boots to be sent to 56, Redcliffe Square, on approval—two pairs were retained, value 29s. 8d., and three pairs returned.
WIGFALL. I am an assistant in the outfitting department at Swan and Edgar's—I produce a duplicate invoice that I made out on December 10th showing certain corsets sent on approval, one pair, value 10s. 6d., being retained—I cannot recognise the person who ordered them.
Cross-examined by MR. LAYMAN. Five pairs were sent and only one pair retained.
Cross-examined by Nix. I did not tell you it was £4 10s.
GEORGE HENRY PECKHAM . I am a porter in the employ of Swan and Edgar—I produce three delivery sheets for goods delivered by me at 56, Redcliffe Square, on the 1st, 4th, and 10th December last—on the 1st and 4th December, "M. Nix" signed for them, and on the 10th a man named Reis—on December 19th I was sent to the house for a parcel, but was not able to get it.
NELSON REGAN . I am a ledger clerk employed by Swan and Edgar—on December 16th I was instructed to call at 56, Redcliffe Square, for a fur tie and to collect an account, but could not obtain admission—I called the next day, but was unable to get either the tie or the account.
JOHN REIS . I live at 57, Cavendish Road, Clapham, and am a waiter—on January 8th I was engaged by Miss Nix—I commenced my duties the following day and stayed a week—during that week Shakles slept at the house four nights—he took his meals with Miss Nix—on one occasion he went out for some cheese—the brokers came into the house while I was there—Miss Nix had a good many callers, and she instructed me to tell them that she was not in, whether she was or was not.
Cross-examined by MR. LAWLESS. 56, Redcliffe Square, had a very good appearance from outside, and was very well furnished—Miss Nix had one family staying with her at the time I went.
Cross-examined by MR. LAYMAN. I was paid my wages—I have no complaint to make against her.
DENNING. I am foreman to Messrs. J. Deane and Co., of High Road, Balham—on January 12th I distrained for £150 rent at 56, Redcliffe Square—I saw Shakles there, and he told me that he was Miss Nix's business manager—on the 17th Miss Nix asked me to get some stamps for her, and when I returned the door was shut against me.
Cross-examined by MR. LAWLESS. I do not know how long Miss Nix had occupied 56, Redcliffe Square; I distrained for twelve months' rent.
Cross-examined by MR. LAYMAN. The house was very well furnished, I should think £400 worth of furniture was there—I do not know exactly how much the goods fetched that we took away.
CYRUS LEAF DANIELL . I am a partner in the firm of A. B. Daniell and Sons, 46, Wigmore Street—on November 19th we received Exhibit 28 from Miss Nix asking for a price list—we wrote the same day in reply, asking her to favour us with a call—she called on December 18th and ordered goods to the value of £14—she then handed me a card bearing the name of Brome and Phillips as a reference—I instructed our Mr. Norkey to take up the reference—his report was satisfactory, and the goods were delivered on December 19th. at 56, Redcliffe Square—we have never received any payment.
Cross-examined by MR. LAWLESS. I did not ask Miss Nix for a reference, she volunteered it—I do not think we should have sent the goods without reference.
Cross-examined by MR. LAYMAN. We have recovered part of the goods.
NORKEY. I am a salesman in' the employ of Messrs. Daniell and Sons—in consequence of instructions I received from the last witness, I called on the 19th December at 99, Regent Street—I saw Kenrick—I told him I was from Messrs. Daniells, and that we had been referred to them for a reference respecting a Miss Nix—I asked him if he knew Miss Nix; he said he did, that they had done business with her, and that she was highly respectable and trustworthy.
Cross-examined by MR. LAWLESS. The goods had not been delivered before I saw Kenrick.
FREDERICK LARK . I am an assistant to Messrs. Spink and Sons, Ltd., goldsmiths, of 17 and 18, Piccadilly—on December 13th we received Exhibit 2 from Miss Nix, and replied the same day—on the 15th we received Exhibit 4, ordering certain goods and giving as a reference Messrs. Brome and Phillips, of 99, Regent Street—I instructed our Mr. Bruce to take up the reference and he reported satisfactorily—in consequence, goods the value of £27 9s. 3d. were supplied—I produce invoices of the goods supplied to Miss Nix on December 16th, 17th, 18th, 20th, and 24th—on
the 20th Shakles called alone and selected some goods, which were sent to Redcliffe Square for Miss Nix's approval—this electro-plated waiter is ours, also the two sets of carvers (Produced.)
Cross—examined by MR. LAWLESS. About £50 worth of goods were sent to 56, Redcliffe Square, altogether, only £27 9s. 3d. worth retained—we should not supply any goods without a reference—I never saw Kenrick.
Cross-examined by MR. LAYMAN. Miss Nix did not retain all the goods ordered by Shakles on the 20th.
Cross-examined by Nix. The brooch and the two scent bottles we supplied to you you told me you wanted for presents.
AUBREY BRUCE . I am a clerk in the employ of Messrs. Spink and Sons—acting on instructions I called upon Messrs. Brome and Phillips, 99, Regent Street, on December Kith—I saw Kenrick—I asked him if he would give me particulars of what he knew of Miss Nix, whether he considered her good for £30; he said he had done business with her, that she had a good residence, and that the owners were perfectly satisfied with her.
Cross-examined by MR. LAWLESS. I did not take any note of the conversation—he said he thought she would be satisfactory—I do not remember him saying that he knew nothing wrong with her.
CHARLES WEARS . I am porter to Messrs. Spink and Sons, Limited—on December 16th I delivered goods to Miss Nix at 56, Redcliffe Square, and my delivery book is signed by her—on the 20th I delivered another parcel and waited for certain articles to be selected, and brought the remainder back.
Cross-examined by MR. LAWLESS. 5G, Redcliffe Square is a big house.
Cross-examined by. MR. LAYMAN I cannot recognise the man who pawned them.
LOUIS GOOD . I am assistant to Mr. Thomas Gammon, pawnbroker, of 44, Wilton Road, Victoria—I produce four muffineers pawned with us on January 1st in the name of Nix, of 56, Redcliffe Square, for 15s.—the ticket is in my writing—I cannot remember the person who pawned them.
Cross-examined by MR. LAYMAN. I remember some linen being redeemed at the same time as the muffineers were pawned.
THOMAS HENRY GREAVES . I am assistant to Mr. Robert Webster, a pawnbroker, of 296, Fulham Road—I produce two cases of carvers pawned with us on January" 2nd for 30s. in the name of Charles Green, of 20, Coleman Road—I do not know the person who pawned them.
Cross-examined by MR. LAYMAN. I do not remember the person redeeming any linen at the same time.
SYDNEY HERBERT STAYLEY . I am ledger keeper at Parr's Bank. Earl's Court branch—I produce the certificate of incorporation of Parr's Bank as a company within the Companies Acts, 1862 and 1864—I also produce a certified copy of an account in the name of Ann Nix, kept at
our branch—it shows a credit balance of £1 5s. 8d.—on December 31st it had a credit balance of £2 8s. 2d.
Cross-examined by MR. LAWLESS. The account extends from July 3rd, 1902, to the middle of January this year, and during that time sums amounting to about £180 have been paid in.
HERBERT HENRY WILSDON . I produce the agreement for the letting of offices on the second floor of 99, Regent Street to Brome and Phillips—it is made between Mr. Hellier Parker of the one part, and Mr. Joseph Shakles, of 18, Cambridge Street, Hyde Park, and Mr. Sydney Kenrick, of 48, Leinster Square, Bayswater, of the other part—I attested the signatures.
Cross-examined by MR. LAWLESS. There is a clause in the agreement stating that Kenrick and Shakles were going to trade as Brome and Phillips—it is not an uncommon thing for people to trade in an assumed name.
Cross-examined by MR. LAYMAN. The rent of the offices is £80 a year, and it has always been paid in advance—we had two references from them, which were satisfactory, before we let the place.
THOMAS MARDELL . I am salesman to William Mardell, house furnisher, of Westbourne Grove—on November 15th Shakles and Nix called upon us—Shakles said he had brought a lady whom he could recommend, that she had taken a house in Redcliffe Square, and that she wanted to furnish it, that the money would be all right, and that we could trust her—on the strength of that recommendation we supplied Miss Nix with furniture to the amount of £116 7s. ld.—they were supplied under two hiring agreements, Exhibits 34 and 35—we have only been paid £6 10s. in two payments, £5 and £1 10s.—in consequence of no further payments being made I called at Redcliffe Square—I saw Miss Nix, and she said she would send me on a cheque in a day or two—on January 10th I received a cheque for £10 post dated the 16th—before the 16th I received a letter from Miss Nix instructing me to hold it over until the 26th—it was presented on the 26th and returned on the 29th marked, "Refer to drawer"—I went again to Redcliffe Square and then found men in possession for rent—I have received no further payment, and have not been able to get back any of the goods.
Cross-examined by MR. LAYMAN. Mr. William Mardell is my uncle—I have known Shakles about three years—we supplied him with £55 worth of furniture under a hiring agreement for his house at Cambridge Street, Hyde Park, and have been paid—he gave us two references, and they were satisfactory—we had offered him a commission on all orders he placed with us—Miss Nix gave us two references, a grocer and a butcher in the Fulham Road, which were satisfactory, but we mainly depended on Shakles' introduction, because we had had dealings with him.
with Sergeant West and Mr. Emery to 99, Regent Street, and there saw the two male prisoners—they were alone in the office, and I asked it they were Brome and Phillips—they replied that they were—I told them I held a warrant for their arrest, and read it to them—Kenrick said, "We have nothing to do with Miss Nix," her name was mentioned in the warrant." and have nothing to do with her going to Swan and Edgar's; she is only a customer of ours, and we introduced her to a firm we work with; she got her furniture from Wolfe and Hollander, 189, Tottenham Court Road. Miss Nix is a perfect stranger to me, I do not know her any more than I do you, and any business we have done for her she has paid us for; the last cheque she paid us was on January 10th, on Parr's Bank, Earl's Court, for three guineas; I have not seen her for a month or more"—Shakles said, "What Kenrick has said is quite right; I have previously lived at 48, Leinster Square, Bayswater; I know nothing about Miss Nix except that I have done business with her the same as was said by Kenrick. I remember someone coming and asking me if Miss Nix was all right as regards about £6 worth, and I said 'Yes, I think she is, we have always found her all right.' I think he came from Swan and Edgar's, and when Mr. Kenrick came in I told him what I had said. Some days after we were thinking of buying a carpet, and I went to Swan and Edgar's and saw Mr. Emery," pointing to Mr. Emery," and he said, 'You gave us a reference for Miss Nix, is she all right?' and I said, 'She is all right as far as I know of her.' I have not seen Miss Nix since January 10th. when I called upon her for a cheque for three guineas, which she sent by post subsequently"—on Kenrick was found a banker's pass book, a postal order for 2s. 6d., a half crown, three shillings, and a memo.—Shakles had ten pawn tickets and 8£d. in money—when I found the pawntickets on Shakles he said he had bought them from a man in a public house in Earl's Court Road, with the exception of one for a case of carvers and fish slice, and one for a plated waiter and mustard pot—those articles, he said, were given him by Nix to pledge, and that she had also lent him a tea service and some plate—Sergeant West in the meantime had arrested Miss Nix—I conveyed the three prisoners to Vine Street in a cab, and on the way Shakles said, "Miss Nix always told me she had an income and would pay the money," and addressing Nix, said, "Is not that so?"; she replied, "I do not want anything said about my income."
Cross-examined by MR. LAWLESS. Considerable sums have passed through Kenrick's banking account, and it was always in credit.
Cross-examined by MR. LAYMAN. I have not made any enquiries as to Shakles' previous history, I think Sergeant West has—I did not search 56, Redcliffe Square.
FREDERICK WEST (Police-Sergeant C). On January 31st at 2 p.m. I went to 56, Redcliffe Square, where I saw the female prisoner—I asked her if she was Miss Nix, the occupier of the house—she said she was Miss Nix, but that she was the caretaker—I then told her I held a warrant for her arrest, and read it to her—she replied, "I have not defrauded anyone, and I intended to pay: I have some money in the bank, but
not much; I owe other people some, but the whole does not amount to £50; there is a man in possession for twelve months' rent that I owe, he was put in by the landlord: the fur tie I got from Swan and Edgar's I gave away, but I refuse to say to whom I gave it: I gave a reference to Barker's of Kensington for Mr. Kenrick"—I searched the place and found this pawnbroker's contract note (Produced) showing fourteen blankets pledged that morning for two guineas—I showed it to Nix, and she said that she had pawned them—on February 3rd I went to 93, Finborough Road, Shakles' address, and found a lot of crockery ware and china which was identified by Mr. Daniells as part of the goods he supplied to Miss Nix—three table knives found there were identified by Messrs. Spink and Sons, as part of the goods supplied by them to her—on January 29th I had followed Shakles from 99, Regent Street to 93, Finborough Road, and from there to 56, Redcliffe Square, where the door was opened by Nix—I took possession of two ledgers and a quantity of memoranda at 99, Regent Street—I have examined the ledgers, and there are no entries relating to house furnishing and decorating, or electric lighting installation—the majority of the entries are for 2s. 6d., commissions for letting apartments.
Cross-examined by MR. LAWLESS. I am quite sure Nix said she had given a reference to Barker's, of Kensington, for Mr. Kenrick, not Mrs. Kenrick.
Cross-examined by MR. LAYMAN. I took several receipts for furniture purchased by Shakles from 99, Regent Street—I have made enquiries as regards Shakles' character, and find that he was employed by Messrs. Wolfe and Hollander for three years.
Kenrick, in his defence on oath, said that he was married, and had kept a boarding-house in Leinster Square for two years, out of which he made between £700 and £800 a year; that he had known Shakles about two years before going into business with him at Regent Street; that the rent of the offices was £80 a year, which was always paid in-advance; that at the time of his arrest the business was increasing considerably; that he met Miss Nix in October last in the ordinary course of business, she placing an order with his firm; that it was absolutely untrue that Shakles said to Mr. Emery in his presence that they had done furnishing for Miss Nix to the extent of £300 or £400; that he had never spoken to Mr. Norkey, and was not present when any of the alleged statements were made to him; that he did see Mr. Bruce and told him that he had done business with Miss Nix and had found her all right, and that she was living in an expensive house, and hat her landlord was satisfied with her, a statement which he believed at the time to be perfectly true; that he did not think there was anything wrong in writing Exhibit 15 to Messrs. Swan and Edgar giving himself a reference as the order was only for a carpet for £2 5s.; that he afterwards paid cash for it, and never attempted to obtain anything further from them; that he had an unsatisfied judgment against him in the Liverpool County Court but was paying £2 a month in compliance with the Order; and that he had never had any criminal charge preferred against him before.
Shakles, in his defence on oath, said that he became acquainted with Kenrick
through Messrs. Seymour and Graham, House Agents, 219, Oxford Street; that he and Kenrick traded as Brome and Phillips because they did not think their own names were good ones to trade in; that he became acquainted with Miss Nix by Seymour and Graham asking him to collect an account they had against her; that he and his wife lodged with her for a short time after he gave up his house in Cambridge Street, and while there she asked him to oblige her by pledging a few articles for her; that he had no reason to believe they were not her own; that he always thought she had private means; that the crockery and china found at his rooms by the police were lent to him by Miss Nix to save him buying any until he took a house in Alfred Street, South Kensington; that he knew the references had been given for Miss Nix, but that they were given her as a customer; that it was absolutely untrue that he told Mr. Emery that Brome and Phillips had done furnishing for Miss Nix to the extent of £300 or £400; that he saw Pardell and was asked by him if she would be good for £6, and he said he thought so, as he had always found her all right; that he took her to Mardell's; that he had an arrangement with them by which he got 5 per cent, on all introductions; that it was quite untrue that he told Denning that he was Miss Nix's business manager; that Exhibit 17 was in his writing, but that Kenrick drafted the letter and he wrote the copy.
Nix put in a written defence, staling that Brome and Phillips had done about £100 furnishing for her; that Phillips introduced her to Messrs. wolfe and Hollander, from whom she obtained about £80 worth of furniture on the hire purchase system and paid £8 deposit; that Mr. Wolfe was anxious for her to give a larger order, and said she could hate £500 worth if she liked, bid she thought the prices too high and refused: that Phillips then took her to Mr. Mardell, to whom she gave two references, a butcher and a grocer; that Swan and Edgar wrote to her asking her for the favour of her custom; that when she ordered the goods she gave Brome and Phillips" as a reference; that she did not know them by any other name then; that when she ordered the goods she had every intention of paying for them, but the distress having been put into her house drove her boarders away and thus prevented her paying.
GUILTY . KENRICK and SHAKLES, Six months' hard labour each. NIX, Three months in the Second Division.
MR. MAHAFFY Prosecuted; and Mr. Charles Mathews Defended.
NOT GUILTY .
365. WILLIAM LEE (40) and CONRAD JAEGER (51) , Conspiring" and agreeing together to steal a dog, the property of Olga Nethersole ; Fourth Count against Lee only; for attempting to corruptly take a reward from the said Olga Nethersole on account of aiding her to recover a dog which had been stolen.
MAGGIE BAKER . I live at 5, Norfolk Street, Park Lane, and am Miss Olga Nethersole's maid—between 10 and 11 a.m. on January 14th, I let Nethersole's bulldog out of the house—half an hour afterwards it could not be found—it had not a collar on at the time—this dog (Produced) is Miss Nethersole's—we advertised for it in the papers, and at first offered a reward of £3, which was afterwards increased to £6—about 4.30 p.m. on February 19th, Lee called at the house—he said that he was a porter outside the meat market, that some men had come to him two or three times and told him that they had got a dog which they thought was ours, that they had bought it for £5, but as they had seen our advertisements they were afraid they would lose their money, and if I would arrange to meet him and see if it was our dog I could buy it back for £5 10s.—I made an appointment to meet him outside the fire station at Southwark at 7.45 the same evening—I went with Inspector Drew, and five minutes after I got there Lee came up—I introduced Inspector Drew to Lee as a friend of Miss Nethersole—Lee then said that the men had not been with the dog, but that he would go to the Fox public-house and see them and bring the dog to us—he went away and returned in about half an hour with the dog, and then Inspector Drew had a conversation with him.
Cross-examined by Lee. When you brought the dog it was thinner than at ordinary times, but it was not in a terrible state—a day or two afterwards we discovered that it had eczema.
Cross-examined by MR. WHITELEY. The dog is suffering from a slight paralysis of the jaw, and was when Miss Nethersole bought it.
RICHARD WARR . I am Chief Inspector of the Royal Society for the Prevention of Cruelty to Animals—on February 19th, about 10.30 a.m., I went with the Sanitary Inspector to 79, Union Road, Borough, in consequence of certain information I received—it had the appearance of being an unoccupied house, the shop front was shuttered, also the double doors, and the door was locked and bolted—I rang the bell and Jaeger came to the door—I entered the premises and saw a number of dogs there, thirty-seven altogether, and all very valuable—it was the finest collection I have seen in anybody's private possession—they were all in a shocking state of neglect, disease, and starvation, and the smell was so offensive that I, was ill for ten or twelve days after—in the front kitchen by the fireplace I noticed this dog—it was wearing a collar—I told Jaeger that they were very valuable dogs, and asked him what he did with them—he said that he sent them to Paris, and he produced a' letter to verify the statement—the same day about 2 o'clock I went to the house again with the veterinary surgeon—I pointed out each dog to him, and he carefully examined each for the purposes of the Society—the bulldog in Court was amongst them—two days later I went again to the house to see the condition of the dogs and I missed the brindled bull—I said to Jaeger, "What has become of the bulldog, I see it is gone?" he replied, "Yes, I have sold it; "I then said, "Where do you get these dogs from?" he said, "I bought some in Club Row, the dog fair, and some I buy at the Dogs' home"—I found several vouchers there relating to dogs purchased at the Dogs' home, but they were all of mongrel breed,
none related to valuable dogs—I thought it my duty to obtain a warrant for Jaeger's arrest, and it was executed on February 23rd.
Cross-examined by Lee. I have had a large experience of bulldogs, but I do not pretend to be a judge—I am certain this is the dog I saw at Jaeger's premises—I did not notice then the twitching of the jaw, because it was kept in an underground kitchen and the light was very bad—as soon as I went into Jaeger's premises I knew I was in a dog stealer's den, and when I came out I gave information at the Borough Road Police Station.
Cross-examined by MR. WHITELEY. My first visit to Jaeger's premises lasted about three-quarters of an hour or an hour.
WILLIAM KIRK . I am a Member of the Royal College of Veterinary Surgeons—on February 19th about 2 p.m. I went with Chief Inspector Warr to 79, Union Road—I there saw a number of dogs, and amongst them this bulldog—it was wearing an ordinary brown collar with a few brass studs—I examined all the dogs.
Cross-examined by Lee. I am a judge of bulldogs—I should describe this as a fawn brindle with white markings—when I went to Jaeger's premises I particularly noticed this dog because I am a fancier of bulldogs. I did not notice the defect in the dog's jaw because it was more or less frantic, as were all the others—I did not say at the police court that the dog had lost all its teeth; I said that they were very much worn.
Cross-examined by MR. WHITELEY. Some detectives were with Inspector Warr and I when we went to the house—I do not know their names—. I did not see them at the police court—I did not notice anything with regard to the dog's tail, because it was sitting on it; part of the time that I was there it was very excited, and part it was sitting quietly—I went to Miss Nethersole's house to identify the dog.
EDWARD DREW (Police Inspector C.) On February 19th, about 8 p.m., I went with Miss Baker to the Southwark Bridge Road—I there saw Lee and introduced myself as a friend of Miss Nethersole's—I asked him for the dog, and he said some men had got it in a public-house close by, and he would go and get it—I asked him how he knew it was our dog; he said, "That is your dog right enough"—he went away and returned in about half an hour with the dog—it was then wearing the collar produced—Miss Baker at once recognised the dog, and I said to Lee," Chinaman, I am Inspector Drew, and am going to arrest you on a charge of stealing this dog"—he appeared to recognise me and said, "All right, make it as light as you can for me"—I then asked him to furnish me with any particulars respecting the men that he alleged—he had got the dog from; he said, "No, I will put up with it myself"—I took him to the police station, and on being questioned he refused to give any account of himself—on February 23rd I went with other police officers to 79, Union Road—a woman opened the door, and soon after I saw Jaeger—I told him who I was, and that I had come to make inquiries respecting information I had received about a brindled bulldog that had been stolen, the property of Miss Nethersole—I also told him that Chinaman was in custody, and that I had received information that he had had the dog in his possession up till the Thin day—he replied, "I bought a brindled bull about a fort-night
ago in Club Row, and sold it to a man last Thursday, and that is all I know about it"—I told him I should arrest him—we had got to the shop door when he dashed away—he was recaptured 200 or 300 yards off.
Cross-examined by Lee. When I went to Jaeger's premises I took a picture with me—I asked him if he knew it, but without replying he dashed off.
Cross-examined by MR. WHITELEY. There was no concealment on Jaeger's part.
Lee, in his defence, said that he got the bulldog, not from Jaeger, who was a stranger to him, but from two men in a public house.
Jaeger, in his defence on oath, said that he was a dealer in dogs; that he bought some in Club Row, and some at the Dogs' home; that the dog which Inspector Warr saw he bought in Club Row, and sold it on the Thursday.
GUILTY . Lee then PLEADED GUILTY to a conviction at Clerkenwell on January 15th, 1901, of stealing two dogs. Fourteen other convictions for like offences were proved against him. Eighteen months' hard labour on the first count, and six months' on the fourth, to run consecutively. JAEGER (who was undergoing a sentence of eighteen months' for a like offence), Two years' without hard labour, to run concurrently with the eighteen months'.
OLD COURT.—Saturday, April 4th, 1903.
Before J. A. Rentoul, Esq., K.C.
MR. MURPHY, for the prosecution, offered no evidence.
NOT GUILTY .
Discharged on recognisances.
MR. BARTLETT Prosecuted, MR. ELLIOTT Defended Brown.
NOT GUILTY .
369. JAMES FREDERICK SMITH (46), and ALICE HERD (26) , Feloniously demanding with menaces of William Turner the sum of 10s., with intent to steal the same; Second Count, assaulting the said William Turner.
MR. MAHAFFY Prosecuted, MR. ABINGER Defended.
The evidence is unfit for publication.
GUILTY . SMITH, Eighteen months' hard labour;
HERD, Fourteen days' hard labour.
NEW COURT.—Saturday, April 4th, 1903.
Before Mr. Common Serjeant.
MR. BODKIN and MR. SYMMONS Prosecuted; and MR. W. B. CAMPBELL
BERNARD HODGSON . I live at 115, Bevington Road, Aston, Birmingham—I am manager to Bennett's Successors at Aston Lower Grounds. Birmingham—part of my duty was to despatch goods—on January 17th I packed a case containing twelve cottage meat jacks and fittings—I sent them off on January 19th for delivery to R. S. Hughes, Atlas Works, Hatton Garden—I have been shown some of them by the police at Worship Street Police Court—this is one of them—it has the workman's private mark on it, and the screws no other people make that way—this is the first time that kind has been sent to London—the value of the twelve is £3 12s.
Cross-examined. That is retail; our charge is £2 5s.—meat jacks are more sold now than ever—they are made of brass outside, and the inside works of steel.
Re-examined. Nobody could mistake them for old brass.
JOHN JAMES . I live at 3, Cosgrove Road, Kentish Town—I am a checker for the London and North Western Railway at their Camden Town Goods Station—on January 20th a case came, addressed to R. S. Hughes, Hatton Garden—it was loaded on to Goodeve's van No. 1794.
EDWARD CHARLES GOODEVE . I live at 20, Castle Road, Kentish Town—I am a carman employed by the London and North Western Railway Company—on January 20th I left the Camden Yard in van No. 1794—I had on the van a case as shown in this delivery sheet, for delivery to Hughes, of Hatton Garden—Hughes declined to pay the carriage, and I did not leave it—I missed the case when I had done delivery—I was delivering other goods in John Street and about Clerkenwell all that afternoon—I marked the sheet as to the loss of the goods, and reported to my employers.
GEORGE RUSSELL . I live at 49, Clement Road, Peckham—I am in the service of Messrs. Hughes, Atlas Works, Hatton Garden—on January 19th I received this invoice for twelve cottage meat jacks from Bennett's Successors, Aston—on January 20th the carman Galled in the afternoon—I refused to take the case in—since then I have had twelve other meat jacks instead of them.
Cross-examined. These are new jacks and have just been brought out: they are cheaper, and the key is attached—the sale has increased on the new and decreased on the old articles.
ERNEST CAIRNS . I am a leather merchant of 108, Charing Cross Road—I deal in mock buckskins—they are sheep skins made to imitate buckskins—on February 5th I had eighty or ninety skins on a box. At the side of the door about five or six feet from the pavement—two were calf skins—they were mostly violet or purple in colour—they were dyed in a hurry and therefore show the stain of the dye on the back in places through not being properly immersed in the liquid—I missed them between
4.30 and 5.30 p.m.—I reported the loss to the police—on February 14th at Bethnal Green Police Station I saw some of the buckskins and the calf skins—they are our dressing, and the stain has gone through at the edges.
Cross-examined. They are made up into theatrical boots and shoes of artistic colours—they are mostly sold to theatrical bootmakers and costumiers.
ALFRED CRUTCHETT (Police-Sergeant S.) About 3 o'clock on February 11th I went with other officers to 99, Whitecross Street, a rag and bone shop—I saw the prisoner there—I searched the premises—I found the skins produced at the far end of the shop from the door, under about half a dozen sacks of waste paper—there is a small counter with a pair of scales—I also found seven meat jacks like this one near the fire-place under some sacks of waste paper in a bag, and a box of bristles.
Cross-examined. Five officers went to the prisoner's shop, Sergeants Burgess and Handley, and Detectives Smith, Jordan, and myself—Detective Mitchell and Police constable Taylor were in the street—I saw the prisoner, Mrs. Renvoize, and a man who works at the shop—I believe Burgess saw Renvoize at a public house before three officers entered the shop—shopkeepers of this kind deal in old metals, rags, bones, and paper, and nothing more as a rule—a marine store dealer's shop is registered, but this is not—the skins were in a black canvas bag lying on the floor—I found pieces of old rope, and a few cloth cuttings, but no meat jacks in the window—his stock was not very big, chiefly waste paper.
Cross-examined. I have not been in Court, I have been outside—I went into the shop first, and Crutchett and Handley came in a few yards behind me—there were three or four of us altogether—Smith was there—other officers came later, after I had taken the prisoner to the station—Taylor, Saunders, and a couple of others, I think—I saw in the shop one man, the wife, a boy, and two girls.
WILLIAM SMITH (Police-Constable.) On February 11th, about 5 p.m., Handley came into Bethnal Green Police Station and said to the prisoner that some roasting jacks had been found—the prisoner said, "I bought them in a sack over the counter for old brass, I did not look at them; I do not know the man whom I bought them from."
Cross-examined. I made this note about half an hour or an hour afterwards—I did not consult Handley about the note—he was to be called, but was at the North London Sessions—he is now engaged at the police court—the prisoner did not say that he had bought the skins of a Mrs. Durall, or of a woman, or of a party—he told me he bought them and the bristles of a man at the Barbican fire, whom he knew—type was found, which he said he bought of Allen and Foster—I was not asked that, but since I have made inquiry I have added it.
HENRY COLLINS (Police—Inspector J.) On February 17th I was at Worship Street Police Court, when the prisoner was brought up on remand—he sent for me in the cells—I cautioned him—he said with regard to the meat jacks, "I do not know who I got them from, I must plead
guilty to that. I put them in my window, and have sold the five missing ones."
Cross-examined. I made a note of the statement at the time, and read it to the prisoner—I knew the importance of what he had said, and I said, "I want to be perfectly fair, Renvoize, this is what you say now"—I understood he was trying to assist the police to recover the property, or to give information as to how he became possessed of it—he sent me the four letters produced, which it would have been improper to answer—he was committed—he mentioned Mrs. Durall, who is now in custody, awaiting trial on several charges of receiving stolen property—he said he had received skins from her—the prisoner was informed that his letters had been received and would receive attention—he was not committed on another charge—no evidence was offered against him at this Court.
Re-examined. Eighty-three or eighty-four boxes of bristles were found—they formed part of the load stolen from Mory's carman on December 18th.
The prisoner, in his defence on oath, said that he did not know the goods were stolen, and did not hide them; that the jacks when brought were said to have been bought at a sale, and a woman left the skins when he was busy, saying, "I have got something there might suit you;" that she did not call again, but after his remand he found out that her name was Durall.
GUILTY on the Second Count.
He then PLEADED GUILTY to a conviction at Clerkenwell in December, 1898. Four other convictions were proved against him. Five years' penal servitude. (See page 571).
Before Mr. Common Sergeant.
371. JOHN WALKER (36), PLEADED GUILTY to two indictments for stealing £1, 5s., and 10s., also £1, 11s., and £1, the money of Henry Jerrold Nathan, his master, also to falsifying the books of his said master.
Nine months' hard labour.
Before Mr. Recorder.
372. WILL BANHAM (27) , Feloniously presenting at James Round a loaded pistol and attempting to fire the same, with intent to do him grievous bodily harm; Second count, for a common assault. He PLEADED GUILTY to the second count, and received a good character.
Discharged on recognisances.
Before Mr. Common Serjeant
MR. HUTTON and MR. JENKINS Prosecuted; and MR. ELLIOTT and MR. WATSON Defended.
NOT GUILTY .
MR. JENKINS, for the prosecution, offered no evidence an each case.
NOT GUILTY .
MR. BOYD Prosecuted.
CHARLES JOHN HONESS . I live at 12, Causton Street, Deptford—I am a watchman for watermen at the river side—I was near St. George's stairs, Deptford, at 1 a.m. on March 19th, waiting for a ship to come—I was sitting on the stairs and dozing and nodding, when all of a sudden I received a terrific blow on the jaw, which stunned me for a second, then I was seized by the throat and received more punches in the back from Young, whom I saw—I believe the blow on the jaw was caused by a kick—the prisoner said he would either strangle me or drown me—a boat rowed into the stairs, and he let go and went into the boat, I believe—I remember no more till the police found me—I was taken to the doctor, my head was dressed, and then I was taken to the hospital—I have been in the hospital ever since.
Cross-examined by the prisoner. I came out of a public house to the stairs, to do my duty—you paid for several drinks in the public house for me and my friend—you were not quarrelsome in the public house—I was waiting for the "Italian Prince," from the River Plate—I watch at the wharf from 6 p.m. all night—I watch the tide—I was not in the public house from 8.30 till 12.30—I was there about 9 p.m.—I had had two drinks—I do not remember your asking me, "Where is that bundle?" I know nothing about any bundle—you did not catch hold of my hand and say. "Let me have a look behind you"—I did not say, "Get out of the b----way," and give you a shove.
HENRY REEVES . I am a waterman, of 17, Hanlon Street, Deptford—I was near St. George's Stairs, Deptford, about 1 a.m. on March 19th—I was attracted by a man shouting—I went near in my boat and saw the prisoner picking up a man and striking him—I shouted out, Who is there?" and the prisoner dropped Honess to the ground—the prisoner came down the steps and said, "Will you take me off to my ship?"—I said "Yes"—when he got in the boat he said, "If you had not come I would have drowned him"—I took him and his mate to their ship—I gave information to the police on the other side of the water, and they came over with me—the prosecutor's face was covered with blood—the prisoner and his mate were intoxicated—I do not think the prisoner was sober enough to know what he was doing.
Cross-examined. I did not refuse to take you in the boat—you said. "Is that you, Bill?"—I said "Yes," and as you were going to strike the prosecutor I said, "Don't hit him any more, you have given him enough—you climbed up the side of the ship, about a foot.
ERNEST HUBBARD (Thames Police Inspector.) In consequence of information given to me by Keeves' I went with him to St. George's Stairs—I found the prosecutor sitting down partly unconscious, and bleeding from a wound over his right eye—I had him sent to the hospital—then I went on board the "Mermaid"—the prisoner was asleep—I roused him and told him I was going to arrest him on the charge of assaulting Honess—he said that I should have to prove it, and that I ought to have a warrant—there was blood on his hand—Inspector Hughes joined me on board about 5 a.m.—we took the prisoner into custody with his mate, who was subsequently discharged.
Cross-examined. I saw the prosecutor about 2.30—he was taken to a doctor and then to the hospital.
WILLIAM HUGHES (Thames Police Inspector.) About 5 a.m. on' March 19th, I charged the prisoner on board the "Mermaid" with assaulting the prosecutor—he said, "He took my bundle, and I bashed him, I wish now I had given him more"—when charged he made no reply.
HERBERT BROWN . I am house surgeon at Guy's Hospital—the prosecutor was admitted there on March 19th, about 6 a.m.—he was quite conscious—his jaw was broken—he was bleeding from a wound on his forehead—he was drowsy for the first twelve hours from the concussion—great violence was required to produce the injury—a kick or a severe punch would do it—he is still in the hospital—he is able to go out, but he is not cured; he cannot take food very well because his jaw is broken—I should say he was quite sober—there was no smell of drink.
The prisoner's statement before the Magistrate. "I quite acknowledge striking the man, but he knew what it was for.
The prisoner, in his defence on oath, said that he saw the prosecutor with his bundle walking to the stairs; that when he asked him about it and said" Let me have a look behind you," the prosecutor jumped up and said," Get out of the b----way," and gave him a shove; and that he fought in selfdefence, but the prosecutor got the worst of it.
GUILTY . The jury added that they thought there was a certain amount of provocation. Five previous convictions were proved against him. Eighteen months' hard labour.
Before Mr. Justice Kennedy.
MR. PASMORE Prosecuted and MR. WARBURTON Defended.
for bigamy—he said, "I was not aware till yesterday that my wife was alive, when I met her in the street; I was married at St. Thomas's Church, next to Arbour Square Police Station in 1897; I cannot say the date, but I know it was in March; I left my first wife in August, 1898, because of her conduct with another man; I heard afterwards from my mother that she was dead; I can call witnesses to prove it; I married my second wife, Eliza Ann Hocking, on October 1st, 1899, at St. Michael's Church, Stockwell, believing my wife was dead, and yesterday she came to my work and demanded money from me; I thought under the circumstances I had better give myself up and clear the matter up"—I produce certificates of both marriages.
Cross-examined. I believe the prisoner is a thoroughly respectable man—I do not know if his wife was 51 when he married her; she was put down as 25.
JAMES WOODCOCK . I live at 5, Sinbad Street, and am employed by the London and North Western Railway—on March 21st, 1897, I was present at St. Thomas's Church, Arbour Square, when the prisoner married my wife's sister, Helen Furness—they lived together for two years—I do not know anything about their parting—I know she is alive—I see her last Sunday week.
Cross-examined. I lost sight of her for six or nine months at times—she has a son about 20 years old—about two years ago she was living at Westferry Road, Millwall, and she is living there still—when she married the prisoner she was living in the West India Dock Road, and about twenty-five minutes walk from where I-have seen her living since—I do not know if the prisoner has been living at Brixton.
ELIZA ANN HOCKING . I live at Bowling Green Street, Kennington—on October 1st, 1899", I went through the form of marriage with the prisoner at St. Michael's Church, Stockwell—I knew him about two years ago, but I had not seen him for nearly two years—we were in service to-together in the Strand—he told me when he married me that he was a widower—when I first met him two years ago I saw his wife once, but never since.
Cross-examined. The prisoner is known as "Gussy"—it was my mistake that "Augustus" was put on the marriage certificate—hearing his friends calling him "Gus "I thought his name was "Augustus"—I put up the banns, and it was my wish that he was described as a bachelor, because my father objected to widowers.
The prisoner, in his defence on oath, said that he and his wife agreed to part because of an Italian who came to the house; that she went away with him in August, 1898; that about January, 1899, while he was at work in Scotland, he received a letter from his mother saying that she had heard that his wife was dead; that he then came to London and went with his mother to some friends named Ted Sefton and Jim Madden and Mrs. Hannaford; also to Saffron Hill and inquired among the Italians there, where his wife had been living; and that from his enquiries he firmly believed that his wife was dead, as his friends had been told so by her son, Antony.
CATHERINE CHAMP . I live at 35, Horseferry Road, Westminster, and am the wife of Henry Champ—he is now dying in hospital—the prisoner is my son—I knew his wife in January, 1899—I met a woman named Hannaford, who told mo that my son's wife was dead—I asked who had told her, and she said the woman's son, Antony—I also met a man named Ted Sefton, and he also told me that Antony had told him that his mother was dead—James Madden told me the same—I wrote to the prisoner and told him his wife was dead—he came back to London in March, and I went with him to Ayre Street, Saffron Hill, to try and find out if his wife was really dead—we could not find any evidence of it they only told us that they did not know anything about it—I then went with the prisoner to St. Martin's Street, Leicester Square, where Sefton and Madden lived, but they had moved on account of the buildings coming down, and we could not find them—I did not see them after my son came home.
Cross-examined. Before my son came home I did not take any steps to find out if his wife was dead.
GUILTY . Three months' in the Second Division.
378. WILLIAM HENRY KEEP (23) and ERNEST EDWELL (22) , Breaking and entering the dwelling house of Robert Donaldson Hawes and stealing therein a ring and other articles, and £27s., his goods and monies. Second count, Receiving the same.
MR. PERCIVAL HUGHES Prosecuted; and MR. W. B. CAMPBELL Defended Keep.
ROBERT DONALDSON HAWES . I live at 67, Oakhill Road, Wandsworth—on February 26th I left home in the morning I returned at 8.30 p.m. and found the prisoner at the front door, which had been forced—my wife had arrived a few minutes previously, and the door was fastened inside—I went next door and asked leave to pass through the house—I got in at the back and found that a bedroom had been ransacked—I missed a gold ring, some sleeve links of my wife, £1 10s. in gold, and 17s. in silver—the front door had been forced by a jemmy.
JANET HAWES . I am the wife of the last witness—on February 26th I left home at 4 p.m. by the front door, which I closed after me—the house was then occupied—the front door opens with a latch key—the back door was also fastened—I returned about 8.15 before my husband—I tried the door with my key, but could not get in—I heard someone slip inside, as the hall is bees waxed—I then knew that someone was inside—I stood at the gate until a policeman came up—he asked me if I would run for his mate, which I did, and when I returned, the door was open—when I went out I left this ring (Produced) in a case inside a box on the chest of drawers in the front bedroom—this ring and this stud is my property—I do not know their value—I saw Keep in the Oak Hill Road within a day or two before the burglary—it might have been the morning
of the same day—we also lost £2 7s., which was in a little purse inside the same box.
By the COURT. The house door had been forced by a jemmy.
JOSEPH GOUGH (Detective-Sergeant V.) About 3 p.m. on February 27th, I was in East Hill Road, Wandsworth, with Detective Phipp, that is about half a mile from Mr. Hawes' house—I saw the prisoners standing outside the French Horn examining some jewellery—I kept observation on them, and I saw them go to Mellett and Thomas, a pawnbroker's—they waited outside for some seconds, and then Edwell handed to Keep this lady's dress ring—Keep then entered the shop—I waited till he came out and then I went in—I spoke to the assistant, and from what he told me I kept further observation on the prisoners—I followed them to Beecham Road, St. John's Road—I saw Edwell go up to three doors and knock—in consequence of what I saw I arrested them both as suspected persons—Keep said, "I am employed by Singer's Sewing Machine Company as a canvasser"—I said, "Very well, I must enquire into that"—he said, "I have made a mistake, I have left there five weeks; I was after a machine on my own"—at the station I was explaining the charge to the officer on duty and Edwell said, "Yes, that is my wife's ring, I pledged that for a little ready cash"—a pawnticket relating to this ring was found on Keep, with 2s. in silver and 1d., a pipe and a cigar the same evening I searched Edwell's lodgings at 9, Rippingham Road—on the mantelpiece I found two pawntickets, and in the cupboard I found this jemmy '(Produced)—I—afterwards examined 67, Oak Hill Road, and found the marks on the door corresponded exactly with this jemmy—on March 7th both the prisoners were charged with house-breaking—Edwell said, "I perfectly understand"—Keep said, "Yes."
Cross-examined by MR. CAMPBELL. I have ascertained that Keep was employed at Singer's five weeks before his arrest—I believe he has also been employed by a man named Upton, of 32, Fullerton Road, Wandsworth—I believe he discharged Keep simply because he could not keep him fully employed owing to the state of his business—he has also been serving in the Imperial Yeomanry, in Africa—he came home in October, 1901—until he left home for the front he was employed by a Mr. Medcalfe of High Street, Putney, who says that Keep was honest, steady and respectable—I believe he has also served in the mercantile marine, and was discharged from two ships with good characters—when I saw the prisoners they did not go into the public house and have a drink.
WILLIAM PHIPP (Detective V.) On February 27th I was with Gough in East Hill, Wandsworth, and saw the two prisoners standing outside the French Horn examining some jewellery—I followed them as far as the pawnbroker's, where I saw Edwell hand a ring to Keep, who went into the pawnshop—he came out and joined Edwell—they then went some distance and got on a bus—I then arrested Edwell—he said, "Me a suspected person, I am independent, my wife has an income and keeps me"—I found £2 in gold, 17s. 6d. in silver, this gold stud, a police whistle and several other articles on him—when I took the stud from him he
said, "Give that to me, it is nothing," and he snatched at it—when the charge was read over he made no reply.
Cross-examined by MR. CAMPBELL. The pawnshop is half or three-quarters of a mile from the house which was broken into—Keep lives about half way between the two.
Cross-examined by Edwell. The stud was not in your waistcoat pocket, it was in your outside coat pocket—it dropped on to the ground, when you snatched at it.
SIDNEY RONALDS . I am an assistant to Messrs. Mellet and Thomas, pawnbrokers at 19, St. John's Hill, Battersea—on February 27th Keep came in with, this six-pearl ring—I asked him what he wanted—he asked 15s. for the ring—I offered him 10s.—he said he had had 12s. before, so 1 gave him 12s.—I thought perhaps it had been pawned with us before for 12s.—he said his name was Keep—I asked him if the ring was his property—he said yes, and that his address was 32, Vergon's Road, Battersea—immediately he left, Detective Gough came in and asked me some questions.
Cross-examined by MR. CAMPBELL. I did not offer Keep 10s. for the ring first—he asked 15s., then I offered 10s.—he said he had had 12s. before, so I gave him 12s.—it is worth about 15s., I cannot value it—we get wrong addresses given sometimes.
SERGEANT GOUGH (Re-examined.) Keep's address is 62, Fullerton Road, East Hill, Wandsworth—I have been there.
R. D. HAWES (Re-examined.) This stud is the only article of my own which was stolen, and which I have since seen—there were other things stolen, and the value of them all is £10—this stud is worth about 7s. 6d.
Keep, in his defence on oath, said that he had first met Edwell about five months ago; that he had only met him about four times since, and then only by accident; that he had not seen him an February 26th; that he was not in Oak Hill Road on that day but that he had passed the end of it to go home; that he had not broken into the house or stolen anything from it; that on the 21th he was out for a walk with Edwell, who asked him to pawn the ring for him; that Edwell said it was his wife's; that he pawned it for him in good faith; that he did not know it was stolen; that Edwell told him when he came out of the shop to give him the ticket later on, but that he forgot to do so; that he had not given any address, but that the pawnbroker put the address on the ticket himself; and that he had pawned the ring because he thought Edwell was not in the habit of pawning.
Edwell, in his defence on oath, said that on February 26th he was at home until 9.30 p.m. making a pigeon house; that he then went out to get some her for supper; that he met two friends of the man he worked for; that he did not know their names: that he had some drink with them; that one of them said they were very hard up, and asked him if he would like to buy a ring; that he bought it and the stud for 5s.; that he gave it to his wife, hut it was too big for her; that he did not think it was stolen; that the jemmy which was found at his house had belonged to his father, who was a packing
case maker; that he did not like to pawn the ring himself; and that Keep had no knowledge that it was stolen. Edwell called.
JESSIE CHILVERS . I am your married sister—on February 26th, you went out in the morning and returned about 12 a.m.—you did not go out again until 9 or 9.30 p.m. to get the supper beer—you were making a pigeon house—a little boy was upstairs with you—when you came down you had some pincers and a screwdriver in your hand and also this jemmy—I have used that as a poker and for breaking coal.
Cross-examined. The jemmy was my father's, he used it for opening boxes—he was a packing case maker—the little boy that I spoke of lives with us.
EMILY EDWELL . I am your wife—on February 20th you came in about 1 or 1.30 p.m.—you stayed in till about 9.30 making a pigeon's house upstairs—you went out to get some supper beer—when you returned you showed me a ring and a stud—you said you had bought the ring for me—I had a diamond ring once—I had not got it on February 26th—I had parted with it about a month before that—I asked you to get rid of it for some money—I understood that you had pawned it.
Cross-examined. My husband brought this jemmy downstairs the night before he was arrested—I had never seen it before—my husband had a revolver, he had not had it long—when we were married I was afraid of it, so I threw it away and I gave him a policeman's whistle in its place—I am sure the diamond ring was not in my possession on February 26th—I had saved about £2 10s.—I and my husband had a few words, and he went out and took the money with him—I cannot swear that this ticket is the one for the diamond ring.
KEEP received a good character.— NOT GUILTY .
EDWELL † GUILTY on the Second Count.
He then PLEADED GUILTY to a conviction of felony at the West London Police Court on August 25th, 1900. Nine months' hard labour. The police were commended by the Court for their conduct.
Before Mr. Common Serjeant.
379. JOHN BABBS (27), PLEADED GUILTY to breaking into the dwelling house of Charles Walker and stealing spoons and forks his property; also to burglary in the house of John Hare, and stealing an overcoat, two caps, an umbrella, and other articles, and 5s. his property, having been convicted of felony at this Court in November, 1899. (See next case.).
BABBS and YOUNG PLEADED GUILTY .
MR. BIGGS Prosecuted.
MATILDA BENCH . I am the wife of Edward Bench, an engine driver—I live at 7, Aymer Road, Peckham—from December 20th to February 8th. Babbs and Young were living in one room on the ground floor in our house, as Mr. and Mrs. Taylor—this sheet and these two table cloths are
our property—I know the sheet by a part of the hemming having become undone—I missed the property after the prisoners had left—thinking Mrs. Taylor had taken them to wash, I went on Sunday night. March 8th to Connolly's house in the Peckham Park Road, to ask her if she knew anything about them—I knew that Mr. and Mrs. Taylor had been in the habit of visiting there—I did not know where the Taylors had gone and I asked Connolly if she had seen them—she said Mrs. Taylor had brought a can on which a penny had been paid, to take back to a public house, and that she had given Mrs. Taylor the penny, and was going to take the can back on the Monday—I found they had taken the door key and the key of the room away—I broke the room door open and saw that some things had gone, so I went to Mrs. Connolly again—she said I should find Mr. and Mrs. Taylor in the Crown public house in the Borough—I asked her if Mrs. Taylor had taken any things there to wash, and she said "Yes"; then she brought me this sheet and asked me if it was mine; I said "Yes"—I told her what I had lost—I then went to the police station at Peckham, and told them what was missing out of the room.
Cross-examined by Connolly. The sheet was left on your table, because I was going to the police station—I sent my little girl to you and called twice myself.
Re-examined. I missed three table cloths, two white ones and a coloured one, another sheet, four pillow slips, and two towels.
ERNEST HAIG (Police sergeant P.) On March 7th I arrested Young—in consequence of something she told me I went to 77, Peckham Park Road where Connolly lives—I was in her room when she came in—she shouted "What do you want? I am not a thief"—she saw Inspector Badcock was there—I said, "We are police officers, and we are inquiring about some table cloths and other linen stolen from 11, Aymer Road, last month, and which we are told were brought to you by Mrs. Taylor." we then knew Young as Mrs. Taylor." and you pawned them for her"—she said, "I know nothing about them"—I searched the room and found this table cloth belonging to Mrs. Bench, and other things since identified as the proceeds of another case—I said, "These look like some of the things, and I shall take you to the station, and see about them," then she said, "I will tell you all about it; Mrs. Taylor and her man were friends, and they brought the things here, and I pawned some of them"—she gave me a pawnticket for a vase relating to Mrs. Bench's property—she was taken to the station—the sheet was pawned on February 11th for 1s. 6d., in the name of Ann Kemp—she said something about a can that was in the room, and that she was not married to the man—she was taken to the station—when charged she made no answer—I found on the table in the room these two serviettes—she does not take in washing.
HARRY KEEBLE . I am assistant to Mr. Henry Davis, a pawnbroker, of 9, Peckham Park Road—this linen was pawned with me on February 11th—this is the ticket—a sheet and two white table cloths were pawned for 1s. 6d.
29th—these two serviettes are mine—there are small initials in the corner—they were safe when I left—they were gone when I returned.
HARRY TAYLOR . I live at 22, Brayard's Road, Peckham-58, St. Mary's Road, was occupied by Charles Walker, my brother-in-law—it was left on December 28th, about 10:30 p.m., perfectly secure-my sister was sleeping in the house—on December 29th when she returned about 8.15 p.m., I found the kitchen door, going out to the garden, locked form inside, and the key inside—the Kitchen window had been forced—the house was broken into on the 28th.
Connolly's statement before are the magistrate. "I did not know it was stolen Whatever or I would not have had it in my place."
Evidence for Connolly.
MAUD YOUNG . I have pleaded guilty to stealing these things from Mrs. Bench-when I had the baby Connolly asked me to do the washing in my place as my nurse was washing-Babbs and I took from Mrs. Bench one sheet, two pillow slips, and one coloured table cover, on February 6th. when we left, but not the two white table cloths-Connolly knew they belonged to Mrs. Bench; I told her so—I asked her to pawn the sheet, the two pillow slips, and the two table cloths—she brought me back 1s. 6d. and the pawn ticket—I left ticket with her by mistake—I took them because she borrowed my skirt while I was lying in bed, and I never saw her or the skirt before I could go out, and the she sent the parcel to pledge, and I put another shilling to it and bought a second-hand skirt.
Connolly, in her defence on oath, said she did not know the things were stolen.
CONNOLLY — Six months' hard labour. YOUNG— Three months' hard labour. BABBS, against whom there were nine previous convictions- Five years' penal servitude.
ADJOURNED TO MONDAY APRIL 27TH 1903.