CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD APRIL 27TH, 1903
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
MESSRS. BARNETT AND BUCKLER.
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SESSIONS VII. TO XII
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OYER AND TERMINER AND GAOL DELIVERY
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AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, April 27th, 1903, and following days.
Before the Right Hon. SIR MARCUS SAMUEL , Knight, LORD MAYOR of the City of London; the Hon. Sir CHARLES JOHN DARLING , one of the Justices of His Majesty's High Court; Sir HENRY EDMUND KNIGHT , Knt., Sir JOSEPH RENALS, Bart., Sir ALFRED JAMES NEWTON , Bart., Aldermen of the said City; Sir FORREST FULTON, Knt., K.C., Recorder of the said City; WALTER VAUGHAN MORGAN . Esq, Sir JOHN KNILL , Bart., and HOWARD CARLILE MORRIS, Esq., other of the Aldermen of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; LUMLEY SMITH , Esq., K.C., Judge of the City of London Court; and JAMES ALEXANDER RENTOUL , Esq., K.C., M.P., LL.D., Deputy Judge of the City of London Court, His Majesty's Justices of Gyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
Sir THOMAS HENRY BROOKE-HITCHING, Knt.
ALFRED PERCY DOULTON, Esq., J.P.
CENTRAL CRIMINAL COURT
SAMUEL, MAYOR. SEVENTH 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, April 27th, 1903.
Before Mr. Recorder.
381. ALBERT EDWARD LAYTON, otherwise ALBERT TAYLOR , PLEADED GUILTY to feloniously marrying Annie Jaggers, his wife being alive, having been convicted of felony at Kingston-on-Thames on May 27th, 1899. Nine months' hard labour, to run concurrently with a sentence of three months which he is serving for deserting his wife.—
(384) JAMES HUTCHINSON (42) , to stealing, whilst employed under the Post Office, three post letters, the property of the Postmaster-General, and ROBERT BROWN to receiving the same, well knowing them to have been stolen, Brown having been convicted of felony at Clerkenwell on July 17th, 1900. Five other convictions were proved against Brown.— HUTCHINSON , also to stealing a post letter containing two postal orders for 20s., each, the property of the Postmaster-General. Eighteen month's hard labour. BROWN Five years' penal servitude. —. [Pleaded guilty: See original trial image.] And
(385) WILLIAM EDGAR JONES (27) , to stealing whilst employed under the Post Office, a letter containing postal orders for 10s. 6d. and 7s. 6d.: and 5s. worth of postage stamps, the property of the Postmaster-General. Twelve months' hard labour. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, April 27th, 1903.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
tin of sardines—the price was 5d.—he gave her a florin—she gave it to me, and I put it in the tester and broke a piece out of it—he saw that—I said, "You are the very same man who brought me a 2s. piece a fortnight ago"—he said nothing to that, but asked me to give him back the pieces—I gave him both pieces back and he went away—a boy and girl who were in the shop followed him out, and a constable brought him back—he had been there also on March 30th for a tin of sardines and gave me a florin—I gave him the change, and after he left I broke it and threw it away.
WILLIAM HUME . I am assistant to Mr. Weaver, a news agent, of 157A, Great Portland Street—on April 9th, between five and six o'clock, the prisoner came in for some gum, price 4 1/2 d., and offered a bright florin; not a broken one—a girl then came in and spoke to Mr. Weaver, who asked to look at the coin—I handed it to him—he sounded it and told the prisoner it was bad—he said that it was good: but it was light, rang badly, and had a smoother face than an ordinary coin—he took it up and left the shop without the gum—I believe the girl followed him.
ANNIE LINK . I live at 53, Charlotte Street, Portland Place—on the evening of April 9th I was in Mr. Buse's shop about 6.30; the prisoner came in and asked Mrs. Buse for a tin of sardines and gave her a florin; she passed it to Mr. Buse at once—the prisoner said that he would take it back—Mr. Buse told me to follow him, and a little boy followed him with me—he met two women and a man in the street, standing still and quarrelling—he went up to them, and then went on to Mr. Weaver's shop—I went in and spoke to Mr. Weaver and heard him tell the prisoner that the coin was bad—he went out and I followed him with Leader into Charlotte Street, where he asked me why I was following him, and I asked him if he had not been in Weaver's shop; he said, "No," and went into Duke Street, when he put his hand up as if to strike me—I followed him to Langham Street and spoke to a policeman and then the prisoner tried to run away and then he called to the policeman—I had kept him insight all the time—when I came out of Weaver's shop I called him a money forger—he said nothing to that.
JOHN LEADER . I am van boy to Mr. Button, and live at 27, Gloucester Street, Theobald's Road—on the evening of April 9th I went into Mr. Buse's shop and saw the prisoner there and the last witness—the prisoner came out and Annie Link and I followed him to Great Portland Street—I followed him into a shop and stayed there till he came out—the paper shop man came out and I followed the prisoner and kept him in sight till I was sent for a policeman—the prisoner then whistled and went in an opposite direction—a policeman was there.
ALFRED SPICER (43 T.R.) On April 9th, about 7.30 p.m., I saw the prisoner running, and a boy and girl running after him—the boy spoke to me and pointed out the prisoner—I stopped him—the boy said, "That man has passed bad money"—he said, "Nonsense, search me"—I did so and found 2d.—I took him back to Mr. Buse's shop and he was accused of uttering a counterfeit florin—he said, "I know nothing about it; I have
never been in the shop"—I took him to the station and saw that he had something in his mouth, and found 3s. 6d. there—I asked him why he concealed it there—he said, "It is money I have worked hard for," and that he was a sailor—he gave his address at a common lodging house—I asked his age and where he was born—he pretended to be drunk; he said, "I am not sober enough to answer"—he was sober enough to know what he was doing.
GUILTY —He then PLEADED GUILTY to a conviction on April 2nd, 1901, at this Court, of unlawfully uttering counterfeit coins, and two other convictions were proved against him. Eighteen months' hard labour.
MR. PARTRIDGE Prosecuted.
WILLIAM JARRETT . I keep a 6 1/2 d. bazaar at 164, Uxbridge Road, Shepherd's Bush; that is where a number of omnibuses stop—on April 6th Smith came in and asked for four sixpences for a florin which he gave to my daughter—she said, "This is a bad one, and gave it back to him"—he walked out and I followed him and said, "What do you mean by giving bad money here?"—he said, "It was given to me to get change for him"—Harrington was standing near enough to hear, and I said to him, "What do you mean by passing bad money in my shop?"—he said he did not know it was a bad one—I said, "You must have known it, you ought to be ashamed of yourself"—he said, "I hope you won't do anything in it, I thought it was a dud, but I was not sure,"—that means a bad one—I sent for the police.
Cross-examined by Smith. You did not say, "I will go back and give it to the conductor who gave it to me."
JAMES JONES (685 T.) I was called to the Wellington public house—Mr. Williams said that Smith went into his shop with a bad florin, and Smith said that he was sent in by Harrington to get four sixpences—Harrington said to Smith "I took 2s. from my bag, and I thought I had a dud here, and Smith said to me, "Give it to me and I will change it for you'"—Smith said, "You never said anything about it being a dud" and that Harrington sent him in to get it changed for four sixpences—they said exactly the same at the station, contradicting each other—I found on Smith twopence, and on Harrington £113s. 10d., there were five sixpences, a threepenny piece, over 9s. in copper, and some half-pence and farthings—the coin might possibly pass in the dark.
NOT GUILTY .
(389). JOHN LUCAS (21), and SIDNEY RUTHVEN (20) , to stealing 56 lbs. of lead fixed to a building, the property of the London County Council. LUCAS, Eight months' hard labour; RUTHVEN, Six months' hard labour. — [Pleaded guilty: See original trial image.] and
OLD COURT, Tuesday, April 28th, 1903.
Before Mr. Justice Darling.
(392). ALFRED APPLEBEE (23) , to committing an abominable crime with Archibald Rowley. Also to committing an act of gross indecency with the same person. He received a good character. Eighteen months' hard labour. [Pleaded guilty: See original trial image.]
MR. BIRON Prosecuted.
On the evidence of Dr. James Scott, the Medical Officer at Brixton prison, the Jury found the prisoner insane, and unfit to plead . To be detained during His Majesty's pleasure . The Court commended Constable Connelly's conduct.
MR. HURRELL Prosecuted and MR. PURCELL Defended.
CAROLINE JONES . I am the prisoner's wife, and live at Salisbury Road. Kilburn—on the afternoon of April 6th I went out on an errand—I went home with the prisoner, and when we got indoors he asked me what woman I had been speaking to—I told him that she was a woman who had been knocked about by her husband because the prisoner had been speaking to another woman, and because I mentioned the woman's name the prisoner began hitting me, and knocked me down unconscious—I remember no more until a policeman and my brother had put me on the bed—I was sitting on the bed when the prisoner came for me again, and got me by my throat in the policeman's presence—he put his hands round my throat, and they had a struggle to get him away from me—he was taken into custody—he said he would have done for me if the policeman had been a few minutes later—we went to the station, and he was charged—we have been married for twelve years.
Cross-examined. I have a girl aged 11 and a boy aged 8—the prisoner has been a good man for work—he has brought his money homo—we have never lived a happy life, and during the last twelve months it has been worse—I have had differences with him about women—he has knocked me about, but I have never charged him—he is a butcher's carrier—on April 6th I was not at home when he came in—he came and found me in the Falcon public house which is used by the people who work at the laundry where I work—he came home about 3.45—there was only one woman with me at the public house—the prisoner had taken
up with this other particular woman about twelve months before—I was very angry about it—he has always denied it, but I could not believe him—on April 6th he treated me and the woman I was speaking to to a glass of ale each—we got home about half an hour afterwards—I had been in the Falcon about half an hour—I had two glasses of ale with the other woman and one with my husband—when we got home angry words took place—when I recovered consciousness he was standing on the other side of the room—he did not speak to me then—when he flew at me he said he would finish me—he was still very excited.
Re-examined. I did not strike him at all.
THOMAS NOBLE . I am a grocer at Salisbury Road—the prosecutrix is my sister—on April 6th I went into her room in the afternoon—she was lying on her back on the floor, and the prisoner had this strap (Produced) round her neck—she had called out "Tom, Tom;" that is what made me go into the room—the prisoner was kneeling on her, and wrenching the strap as tight as he could get it—I do not think it was through the buckle—she went black in the face—I tried to get him off her, but could not—I tried to lift him, and to persuade him, but he said no—I went to the station, which is about 150 yards off, to get a constable—I was away about five minutes—when I returned with the constable my sister was still lying on her back vomiting—the prisoner was standing away from her—me and the constable got my sister up—she went off in a sort of faint—it took ten minutes to pull her round and give her some water—we placed her on the bed, and then the prisoner flew at her again and seized her by the throat with both hands—it Wok me and the constable three or four minutes before we could get him off her—he said to the constable, "If you had been two minutes later I would have done for her"—before I left to fetch the constable he said to me, when I asked him to get off my sister, "I won't, it is the last chance I will give her."
Cross-examined. While I was away the prisoner was alone with his wife for at least five minutes the prisoner was excited—I had heard a quarrel between the prisoner and his wife before I went into the room, but I could not hear what was said—the prisoner seemed quite frantic, and resisted my efforts to pull him off—I and the constable had some difficulty in pulling him off the second time; he seemed in a wild temper—he was not shouting or raging.
WILLIAM JONES (184 X.) On April 6th, about 4.30 p.m., I was called to 16, Salisbury Road by Noble—I found the prosecutrix lying on the floor unconscious and vomiting—the prisoner was standing by her side—I afterwards saw a red mark on her neck—Noble and I got her round and put her on the bed—she went off in hysterics again—we got her round again—the prisoner then came across the room, and put his hands round her throat, and said to me, "If you had been two minutes later I would have done for her"—Noble and I got him off again, and I took him to the station, and he again said that if we had been two minutes later he would have done for her.
Cross-examined. The prisoner was not talking much while I was in the room; he seemed quiet and composed; he was a little excited, but not
much—Noble and I were two or three minutes bringing the woman round—when the prisoner seized the woman he was more excited than he was when I first went into the room—when he had her by the throat he said he intended to do for her—at the police station he said, "I will kill her"—he did not say anything about a dead woman—before the magistrate I said that he had said, "In two minutes more she would have been a dead woman," but that was the conclusion I came to—there was no dead woman there—at the station he said two or three times, "If you had been two minutes later she would have been a dead woman"—he has-been employed for twelve or eighteen months at King's, a meat carrier—on and off he has been there for seven or eight years—he is steady and trustworthy, and he looks after his home.
The prisoner received a good character.
GUILTY. Strongly recommended to mercy on account of his extreme passion at the time. Ten years' penal servitude.
MR. HUTTON Prosecuted;
MR. LEYCESTER Defended.
The prisoner stated that he would PLEAD GUILTY to the attempt, and the Jury returned that verdict . Twelve months' in the second division.
MR. BODKIN Prosecuted.
DAVID BARNETT . I am a cab proprietor of 34, Blenheim Terrace—the prisoner has been my horse keeper for about four years—he was addicted to drink occasionally—about midday on April 17th I was called to my yard and found that he was creating a disturbance—he was the worse for drink—I paid him what was due to him and discharged him there and then—he was rather abusive—I went for Constable Bickell, who turned him off the premises—he went quietly—I saw him again on the premises about one o'clock when Constable Green came and turned him away—I did not see him again until he was at the police station.
Cross-examined by the prisoner. You broke some plates and things—they did not belong to you.
LEVI BICKELL (416 S.) On April 17th, about midday, I was called to Blenheim Passage—I saw the prisoner there—he was a bit excited, but I should say he was sober—I did not see that he had been drinking—Mr. Barnett gave me some information, and in consequence I got the prisoner away from the premises—he went quietly—about 5 p.m. I heard a whistle, and going in the direction of the sound I found Green and the prisoner struggling on the ground—Green's hand was bleeding—in the prisoner's hearing he said he had been shot by the prisoner—Green had the revolver in his hand—I assisted to take the prisoner to the station.
prisoner there behaving in a very disorderly manner—I got him away; he went quietly—I went there again about 4 p.m.—I saw the prisoner there behaving in a disorderly manner—I got him away again—about 5 p.m. I saw him at the corner of Blenheim Passage, which is close to Mr. Barnett's premises—he had a revolver in his hand—he was walking along—I followed him, and he turned round and fired two shots without saying anything—the first shot hit me on the hand; the second missed me; we had a struggle and fell to the ground—some civilians came to my assistance—I got the revolver—Bickell also came up—when the prisoner fired at me he took a steady aim; he was about four yards from me—this (Produced) is the revolver—my hand was attended to at the station by the divisional surgeon.
Cross-examined. I did not see the revolver sticking out of your pocket when you came out of Barnett's back yard, and it did not go off in the struggle.
RICHARD CHARLES HEWLITT . I live at 9, Lamont Road—on April 17th I was near Blenheim Terrace—I saw the prisoner with a revolver in his hand—he fired twice—I saw him struggling with Green—I assisted Green—I think the prisoner had had a drop of drink.
Cross-examined. I was in Blenheim Terrace when I heard the first shot fired.
JOHN SWEETMAN . I am a labourer of Rider's Terrace, St. John's Wood—I was at Blenheim Passage on the afternoon of April 17th—I saw the prisoner going through the passage and Green going after him as if to get him to go away—when the constable asked him to go away he turned round and fired at him—he seemed under the influence of drink—he fired twice.
Cross-examined. When I first saw you you were coming through the passage—the constable stopped you—the revolver did not go off in the struggle—the constable closed with you after the second shot went off.
WALTER NEWSTEAD . I keep a general outfitting shop at 283, Edgware Road—between three and four p.m. on April 17th the prisoner came in and asked for a revolver for 3s. 9d.—I said our lowest price was 4s. 9d.—I had about half a dozen revolvers in the window—the prisoner pointed one out—I showed him a duplicate and said he could have it for 4s. 6d.—I sold it to him for that—I did not notice anything unusual in his condition—I did not sell him any cartridges—I do not think he asked for any.
By the COURT. Revolvers are part of the goods we sell—we keep guns also—people going abroad frequently want them—we do not stock cartridges—we do not ask the names of people who buy revolvers—we sell them in the general way of business—we do not supply them to boys—I have noticed a good many cases of revolver shooting lately in the papers.
HERBERT SMITH . I am assistant to Lawson and Co., athletic outfitters, at 225, Edgware Road—we keep cartridges and guns—on April 17th, between 3 and 4 p.m., the prisoner came in for a box of cartridges—he was dressed as he is now—he produced this revolver—I did not fit the cartridges into it because I knew the pattern, and sold him a box of fifty for 1s. 9d.—this is one of the cartridges (Produced)—it is a pin fire cartrid—I did
not ask him what he wanted them for—I did not put any of them into the revolver.
By the COURT. These revolvers are used on the stage with blank cartridges—we sell a good many loaded cartridges—this revolver would carry twenty-five or thirty yards and will kill anyone.
CHARLES ELDERFIELD . (Police Inspector S.) About 5.30 on April 17th the prisoner was brought to the station, charged with shooting at Green—I saw the revolver—three chambers were fully loaded, two had been fired, and 38 cartridges were found on him—the prisoner said, "I bought the revolver in the Edgware Road: I shall not say where; I know I shall be charged with it and I must put up with it"—he was formally charged and made no reply.
Prisoner's defence. "It would not be possible that I should go and buy a revolver to shoot a man I never knew or knew me. I had not been to bed all night; I had been drinking and it was done in a drinking bout."
GUILTY on the second Count . Three years' penal servitude.
NEW COURT.—Tuesday, April 28th, 1903.
Before Mr. Recorder.
397. JOHN BOSSEY (21), PLEADED GUILTY to stealing a bicycle, the property of Gerald Golding; also to attempting to steal 2s. 2d. the moneys of George Francis Moth and others, having been convicted of felony at Clerkenwell on November 5th, 1901. Another conviction was proved against him. Three years' penal servitude. —
THIRD COURT.—Tuesday, April 28th, 1903.
Before Mr. Common Serjeant.
(400) THOMAS SPRINGTHORPE (60) , to stealing seven rings, a watch, a chain, and other articles, the property of Walter Cook, and three rings value £3 and 3s. 10d. in money the property of Florence Mancey. Twelve months' hard labour. [Pleaded guilty: See original trial image.]
For cases tried this day see Essex and Surrey cases.
OLD COURT.—Wednesday, April 29th. 1903.
Before Mr. Justice Darling.
401. EDWARD KNEE (56), PLEADED GUILTY to an indecent assault upon Samuel Ernest Oliver Russel; also to committing acts of gross indecency with Robert Lucas, Charles Meatyard, and a boy whose name is unknown. Ten years' penal servitude.
402. JAMES BULLOCK (65), GEORGE KINGSLEY (41), JOHN SULLIVAN (29), JANE LOUISA DURELL (53), and ELIZABETH SULLIVAN (24) , Stealing a kit bag and other articles, the property of Henry Hyde Perks. Second Count, receiving same knowing them to have been stolen.
DURELL PLEADED GUILTY , and BULLOCK PLEADED GUILTY to the second Count.
HENRY HYDE PERKS . On March 2nd, about 10 o'clock, I left Waterloo Station in a four-wheeled cab, going to Euston; my bag was put on top—when I got to the arches of the Euston Hotel the cabman told me that it was missing—I then drove to Tottenham Court Road Police Station and made a complaint—the dress suit, check-suit, shirts, collars, handkerchiefs and collar box (Produced) are mine, and were in the bag—the collars are marked with my full name and the shirts with my initials—the entire value is about £35.
WILLIAM GODFREY . I drive a four-wheeled cab—at 10.30 on March 2nd I was at Waterloo Station—I was engaged by Perks to drive him to Euston—I put his kit bag on top of the cab—at Endell Street it was quite safe—when I reached the arches turning into Euston Station I looked round and saw that it was gone—I informed Perks, who instructed me to drive to Tottenham Court Road Police Station, where I examined the cab and found marks of a boot at the back.
FRANK PYKE (Detective Sergeant.) At 3 p.m. on Wednesday, March 4th, I went to the private bar of the Angel public house, High Street, Blooms-bury, leaving Clark outside—I saw Bullock, Kingsley, Durell, and Mrs. Sullivan, in the bar examining the contents of a bundle—I noticed the dress suit, the check suit, and the collar box produced—Bullock and Kingsley then left, leaving Mrs. Sullivan and Durell alone—Durell then changed a sovereign at the counter and handed Mrs. Sullivan some silver—Durell then went to the door and looked up and down the road, and then came back and nodded to Mrs. Sullivan, who in the meantime had tied up the bundle—she then went out with it and I followed her home to 53, New Compton Street—at 2.45 p.m. on Sunday, March 8th, I was again watching the Angel public house with Clark—I saw Bullock, Kingsley, John Sullivan, and two other men, not in custody, in the saloon bar—at closing time they came out together and stood outside talking for about a quarter of an hour—Kingsley had a brown paper parcel—when they separated, Kingsley and Bullock went to 66, High Street, Bloomsbury, where Bullock and Durell occupy two rooms—at 7.30 the same evening I saw Bullock and Kingsley leave 66, High Street, and walk into New Oxford Street—they then separated and one walked on either side of the road, but both going eastwards—I followed them some distance and then stopped Kingsley—I told him I was a police officer and should arrest him for receiving stolen property; he replied "All right"—in the meantime Clark arrested Bullock, and they were both taken to Bow Street Police Station—I arrested Mrs. Durell the same evening at 8 o'clock—I was also present when the two Sullivans were' arrested at 11 o'clock at 53, New Compton Street.
Cross-examined by Kingsley. I did not mention at the police court that you had a brown paper parcel in your possession on Sunday, March 8th, because you were only being charged with regard to the kit bag, and the parcel had reference to another charge.
Cross-examined by MR. HALL. John Sullivan was not at the Angel on the afternoon of March 4th—I had never before seen the Sullivans with Bullock or Durell, but I have reason to believe they were acquainted before.
ALBERT CLARK (Detective W.) On March 4th I was keeping observation with Sergeant Pyke on the Angel public house—I saw Bullock and Kingsley come out of the private bar and walk up Arthur Street towards New Oxford Street—shortly after I saw Durell come to the door and look up and down the road and then nod to someone inside—Mrs. Sullivan then came out with a bundle tied in a sheet and went to 53, New Compton Street.
Cross-examined by MR. HALL. It might have been a bundle of washing as far as one could see from the outside.
JOHN BISSELL (Police Sergeant.) On Sunday, March 8th, at 11 p.m., I went to 53, New Compton Street, and helped to search the room occupied by the Sullivans—the first thing I noticed was this bundle (Produced) which stood at the head of the bed—I also found this fur-lined overcoat (Produced) which was lying partly on the bundle and partly on the floor—in a pocket of the coat I found the pewter ewer and eighty-two pawn tickets (Produced)—most of the names on the pawn tickets I have no doubt are fictitious—I also found in the room a lady's fur cape and a fish basket containing a large quantity of broken silver and a number of precious stones—I took John Sullivan to the station—on the way he said, "This is all through getting mixed tip with Jim Bullock."
Cross-examined by MR. HALL. The name of Sullivan is not on any of the pawn tickets—a number of silver-plated fish knives and forks and some silver-plated spoons were found in a child's bassinette—several pieces of silk were found in a chest of drawers—the overcoat and cape were not tied up in the bundle.
By the COURT. Sullivan was in bed when we went—when we found the various articles he said he knew nothing about them.
ARTHUR GULLEY . I live at 30, New Compton Street, and am the landlord of No. 53—on February 24th, 1900.1 let the first floor front room to Mr. and Mrs. Sullivan at 6s. 6d. a week—they occupied it till their arrest.
Cross-examined by MR. HALL. I always thought them to be respectable honest people, otherwise I should not have let them the room—most of the other tenants are of very long standing.
FREDERICK FOX (Detective Inspector.) On Sunday, March 8th, I went with other officers to 53, New Compton Street, and saw John and Elizabeth Sullivan in bed—I told them we were police officers, and said, "We have Jim Bullock, his woman Durell and Kingsley in custody; you know Bullock very well as a man who has been convicted of receiving stolen property: you have goods here which you have received from him; just tell me everything; "I waited a minute or two for them to speak, but they made no answer—I then said. "If you do not tell me I may have to to arrest you both"—I had no intention then of arresting either of them—
John Sullivan, then said "I have got nothing of his"—I said to Mrs. Sullivan, "You have heard what I said;" she replied. "I have got nothing, you will find nothing here"—I then told them I should have the place searched, and directed the other officers to do so—when the bundle tied up in a sheet was found, Pyke said to the woman, "I saw you receive that from Mrs. Durell on the 4th of this month, in the Angel public house," and she replied, "You did not, I was not there"—I then said, "This property was stolen from a cab at the beginning of this month; as you did not disclose it I shall arrest you for being concerned in stealing and receiving the property"—neither made any reply—later on Mrs. Sullivan said, "I got that bundle," referring to the bundle in the sheet, "from Mrs. Durell, I do her washing"—they were taken to the station and charged next day, and made no reply—on March 17th, I showed the two Sullivans this watch and pencil case (Produced) and said, "These were found in your house"—neither made any answer.
Cross-examined by Kingsley. I had your place searched, but nothing was found connecting you with any charge.
Cross-examined by MR. HALL. When Bullock was charged he said, "I cannot grumble, I give in, but the Sullivans ought to get out of it as they only mind it for me"—later on Mrs. Durell said, "Get the Sullivans out of it if you can, they do not help to buy, they only mind it for us"—nothing is known against John Sullivan's character except that he had twenty-one days some time ago for assault—he works regularly at his work and has been there fifteen or sixteen years.
Re-examined. John Sullivan's companions are not altogether desirable ones—I was not present when the brown paper parcel was found upon Kingsley.
JESSIE WESTALL . I am a widow of 199, New Stamford Street, Regent's Park—on February 21st I left my house about 3.30 p.m. and went to Enfield—the following day I received a telegram and returned home at once—I then found the place in great disorder, and a number of things missing, including this watch and pencil case.
WILLIAM WILLIAMSON (Detective Sergeant.) I was present at the North London Sessions on February 6th, 1900, when Kingsley was convicted of shopbreaking and sentenced to six months' hard labour —I was also present at Bow Street on July 5th, 1902, when he was convicted of stealing a bicycle and sentenced to six months' imprisonment.
Kingsley's defence. "I know nothing about it; I have nothing to do with the men at all."
John Sullivan, in his defence on oath, said that he became acquainted with Bullock and Durell by his wife doing their washing, and by them using the same 'public house; that he saw the bundle tied up in a sheet in his room but thought it was washing; that he was out of doors from 8 a.m. till 12 p.m., and had no knowledge of any of the articles found in his place.
Elizabeth Sullivan, in her defence on oath, said that she had known Bullock
and Durell since Christmas, by doing their washing; that the bundle tied up in a sheet was not given her at the Angel, but at Durell's house by Durell, who asked her to mind it till the next morning; that the fish basket and contents were brought to her room by Mrs. Durell, who asked her to mind it for her; that she did not examine either the bundle or the fish basket, and did not know what they contained: and that the pieces of silk produced were not found in her room.
JOHN SULLIVAN, NOT GUILTY ;
ELIZABETH SULLIVAN, GUILTY, Recommended to mercy by the Jury, believing her to have been the dupe of Durell; KINGSLEY, NOT GUILTY . (See next case.)
MR. A. GILL, for the Prosecution, offered no evidence.
NOT GUILTY .
(See next case.)
MR. A. GILL, for the Prosecution, offered no evidence.
NOT GUILTY .
BULLOCK then PLEADED GUILTY to a conviction of felony at Clerken-well on June 21st, 1898, and ELIZABETH SULLIVAN to a conviction of felony at Marlborough Street Police Court on May 29th, 1896, in the name of Elizabeth Baxter. BULLOCK, Five years' penal servitude; DURELL, Eighteen months' hard labour; ELIZABETH SULLIVAN, Three months" hard labour.
MR. CHARLES MATHEWS and MR. BODKIN Prosecuted; MR. SYMMONDS
ESTHER EMILY GEORGE . I am the labour matron of the Brentford Union Workhouse—on July 4th, 1901, the prisoner came into the workhouse bringing two newly-born girl twins—they stayed till 23rd February this year—they were healthy children—when she left she said she had a good home to take the children to—she did not say where—the name of one of the twins was Edith May Kersley.
Cross-examined. The prisoner was not under my charge, only the children—I have heard that the prisoner was a very good woman in the house—she used to see the children once a week—she seemed very fond of them.
By the COURT. I saw the body of the child at the mortuary on March 12th—it was the prisoner's child—I knew it because I bathed it every night for two months.
WILLIAM BRITTON . I am a bootmaker of 93, Strand-on-the-Green—the prisoner's aunt, Mrs. Bailey, also lived in the house—she is dead now—I remember the prisoner coming from the workhouse to live with her
aunt—she brought three children with her—on March 9th I heard the prisoner say she had got someone to look after one of the children—she did not say where she was going to take it—about 8.45 the same evening she came in wet, it had been raining—she was alone—I said, "You are very wet"—she replied, "No, I am not so very wet"—one of the twin children used to cry every night, and I said to the prisoner, "When they are separated it will be better for them"—she made no reply to that.
Cross-examined. Mrs. Bailey was very ill when the prisoner came—she came to nurse her—Mrs. Bailey was the owner of the house—the work I did in the shop was her only support, and that was not very much.
CHARLES MCCARTHY . I live at 3, Lamb Alley, Brentford, and am in Mr. Taylor's employ—he owns a market garden in the Lionel Road—on Tuesday morning I went to work in the garden at 6.10—after I had been there about three quarters of an hour I found the body of a child lying near the hedge—there is a gap in the hedge at the spot, and it looked as if the body had been put through the gap and then drawn up underneath the bank, so that it should not be noticed—it was lying on its right side with its head towards the railway—it had nothing on its head—just by I saw a baby's cape hanging on the hedge on the field side—I spoke to some men who were passing, and shortly after a policeman came up.
Cross-examined. I do not know the size of the gap in the hedge—the body was lying on top of the bank under the hedge—I did not touch it.
WALTER WOOD (768 T.) At 7 a.m. on March 10th I was on duty at Kew Bridge—I was fetched to Lionel Road and I saw the body of a dead child—it had several articles of clothing on, but no boots or hat—I saw a cape close by and a crumpled newspaper—there is a gap in the hedge at that spot, but I do not think the body could have been put through it, because it laid parallel with the hedge and roadway—I do not think anyone walking along the road could have seen it—it was raining, and had been raining through the night.
Cross-examined. I saw the child by getting on to the embankment and looking over the hedge—there is no footpath just where the body was found—it was lying about a foot from the hedge—the newspaper looked as if it had been thrown on one side, not as if the child had rolled off it.
WILLIAM CLAYDON (47 T.R.) I am Coroner's officer for Brentford—I went to the field in Lionel Road at 7.20 a.m. on March 10th—I there saw the body and examined it—its outer garments were wet, but the vest next the skin was dry—there was a slight warmth under the left arm—there were some recent scratches on the left side of the face—I should think they were done by the hedge—from the position of the body it may have been put through the gap in the hedge or over it—the right side of its face was dirty, where it had been lying on the ground.
Cross-examined. The child was very clean.
HENRY BOTT , M.R.C.S. I am divisional surgeon of police—about 8.45 a.m. on March 10th I saw and examined the body of a female child at the police station—it was dead and partly stiff—the next day I made a post-mortem examination with Dr. Dickson—I found a small quantity of earth on the right side of the face, which indicated that it had been
lying on the ground—on the left side of the face there was a scratch an inch and a half long, which, in my opinion, was inflicted before death, and was consistent with its having been occasioned by the passing of the body through a thorn hedge—I found all the organs healthy—there was nothing to account for death at all, and Dr. Dickson and I came to the conclusion that it died from exposure—it had been well nourished—when I saw it it might have been dead about four hours—I was present at 93, Strand-on-the-Green when Sarah Bailey made a statement on oath before a magistrate—the prisoner was present also and had an opportunity of putting any questions—Mrs. Bailey was very ill then, and has since died.
Cross-examined. The child did not die in a fit—nothing was found in the stomach except ordinary food.
DICKSON. I assisted Dr. Bott in the post-mortem examination, and I agree with him that death was due to exposure.
ELIZABETH ELMS . I live at 7, Pier Place, Strand-on-the-Green—I know the prisoner as a neighbour—on March 11th I remember seeing something in the newspaper—the next day I saw the prisoner, and I asked her if she had heard about the child being found in Lionel Road—she replied, "Yes, what a cruel thing"—I said, "One of your children have gone away"—she said, "Yes, I took it to a lady at Kew to be minded for half-a-crown a week"—I said, "I suppose you will have to go to work and earn that half-crown?"—she said, "Yes, when I get my aunt in the Infirmary."
Cross-examined. I knew she had no husband and that she was very hard up—by her aunt she meant Mrs. Bailey.
SUSAN MARTIN . I live at 4, Bank Hill Place, Brentford—I know the prisoner—on Tuesday, March 10th, I saw her at the corner of Spring Road—I said, "Hullo, how are you getting on now? you must find it a very heavy trial with those three children"—she replied, "Oh, I have had one taken away from me last night"—she then walked away.
WILLIAM HAILSTONE (Detective Serjeant.) On Thursday, March 12th, about 4 p.m., I went to 93, Strand-on-the-Green and saw the prisoner—I asked her if she was Edith Kersley, and she replied, "Yes"—at the time I had no intention of arresting her—I said, "Have you any children?"—she replied, "Yes, three; one aged 5 years and two aged 17 months"—I said, "Have you got all the children with you"—she said, "No, I put one of the youngest out with a woman named Carter at 16, Cambridge Cottages on Tuesday evening last to be looked after at 2s. 6d. a week"—I said, "You have heard of the child, I suppose, being found in the Lionel Road"—she said, "Yes, the poor little dear; I am too fond of my children for anything like that; I know that mine are all safe"—I then left her and went to 16, Cambridge Cottages to make inquiries—in consequence of which I went again to see the prisoner—I asked her to repeat the address she had given me—she said, "16, Cambridge Cottages, Kew, and I gave it to a tall woman"—I said, "That is wrong, there is no such person living at that or any other address in Cambridge Cottages"—she said, "Good heavens, what have they done with my child?"—I said, "You will have to accompany me to the house you went to and point
out the person to whom you gave the child"—we were going over the bridge when I altered my mind and we went to the mortuary instead—I showed her the child's body—she looked at it and examined it closely, and then said, "Oh no, that is not my child, it is too big; mine had a birth mark on its leg about as big as a sixpence"—I then spoke to Inspector Dew, and we all three went back to 93, Strand-on-the-Green—on the way she said, "The child in the mortuary is mine; what I told this gentleman," referring to me, "is all lies"—on March 26th I was present at the prisoner's house when Mrs. Bailey had her deposition taken by a Magistrate—the prisoner was there, and had the opportunity of putting any questions—Mrs. Bailey put her mark to the deposition in my presence, and I attested it.
WALTER DEW (Police Inspector T.) On March 12th, about 6.30 p.m., I saw the prisoner near Kew Bridge—I told her I was a police officer, and said, "I understand you have three children, and that you say you have recently put one out to nurse; a child aged about two years was found in a field near here on Tuesday morning, and I am anxious to get it identified; you have seen the one in the mortuary, are you sure it is not yours?"—she said, "Oh, yes, it is too big for my child; I took my child to a woman in Cambridge Cottages, Kew, on Tuesday night, and she is going to mind it for me; she is a stranger to me"—I said, "We ought to see that your baby is safe; will you show me the house you left it at?"—she said, "Yes," and we proceeded to Cambridge Cottages—on the way she said, "It was a tall thin woman I left it with"—she knocked at No. 4, and a woman and her daughter came to the door—the prisoner said, "This is the woman I gave my child to on Tuesday night"—the woman denied it—the prisoner said, "You know I did, what have you done with it?" and commenced to cry—I said, "You told Serjeant Hailstone it was No. 16, this is No. 4"—she said, "So it was"—we then went to No. 16 and a woman opened the door—the prisoner said, "That is the woman I gave my child to"—the woman became very indignant and repudiated knowing anything' of the child"—the prisoner again cried—I said, "I shall have to make further inquiries about this"—she said, "What I have told you is all lies; the baby in the mortuary is mine; it died in a fit early Tuesday morning, and as I had no money to bury it I took and put it through a hole in the hedge"—I said, "You will probably be charged in connection with its death," and cautioned her—she asked to be allowed to fetch her other babies, as there was no one to mind them, and on the way to the cottage she said, "It did not die in a fit; they worried me to get someone to mind them, so on Monday night I took it out after dark when it was asleep and put it through the hole in the hedge and left it"—I then took Mrs. Bailey's statement in front of the prisoner whilst she was dressing the children—on the way to the station she said, "There is only one person to blame for this, that is the father; I met him on Monday night, and he held it; his name is Grieg"—at the station she said, "It is wrong what I said about Grieg; I did not see him on Monday"—she was then charged on suspicion of causing the child's death—she made no reply—the charge was afterwards altered to "on suspicion of wilfully murdering it," and she made no reply.
Cross-examined. There is nothing against her character—she has always been a hard working woman—she seemed perfectly cool and collected when she made the statements to me.
HENRY BADDINS . I was in charge of the prisoner on March 13th on the way from Brentford police station to where the justices sit—she said, "What are all these people looking at me for?"—I told her not to take any notice of them—she then said, "I am sorry the child is dead"—I stopped her and cautioned her in the usual way—she then said, "The child kept crying all day Monday, and would not stop crying; I gave it food, but it still kept crying; it was between 7 and 8 o'clock on Monday night that I took the child out and went to Lionel Road and put it through the hedge; it cried for about five minutes, and I stopped with it, it left off crying and I then walked away, thinking someone would find it; it is no use troubling about it now; if they hang me I shall be out of my misery.
GUILTY of manslaughter. Strongly recommended to mercy by the Jury . Fifteen months in the second division.
NEW COURT.—Wednesday, April 29th, 1903.
Before Mr. Recorder.
MR. MUIR Prosecuted; MR. ELLIOTT and MR. ELLISON Defended.
GUILTY of a common assault . Fined £50. and to be imprisoned till the fine be paid.
MR. GREENFIELD Prosecuted.
MARGARET PARDUCCA . I live at 12, Margaret Place, Bethnal Green—I have known the prisoner a year and seven months—I saw him every day—we had a scuffle on Friday night, March 13th, and on the 14th we stood talking, and quite unexpectedly he struck me on my face, and then I felt two more blows, and I struck him, and said I would have nothing more to do with him, and he said, "Good night" and went away—he makes furniture—he had threatened me before the Saturday—on Saturday, the 14th, I saw the prisoner and my sister talking in the doorway of the Walton Arms, and I hit him—he went into the public house and struck me in my stomach—I was bleeding, and was taken to a neighbour's house and from there to the hospital—I was there three days, and then sent to a convalescent home—I am being attended up to the present time.
SUSANNAH PARDUCCA . I am single, and live at 29, Wimpole Street—on March 14th I went into the Walton public house and saw the prisoner there—I asked him why he hit my sister's face on the Saturday night—he laughed, and my sister came in and struck him for what he had said to her on the Friday night—we both left the public house, and he
struck her in the stomach—she did not fall—a girl took her to a neighbour's house while I kept the prisoner with my umbrella.
SARAH FLAVIN . I am the wife of William Flavin, a cabinet maker, of 13, Margaret Place—on March 14th the prosecutrix was brought to my house—I undressed her, and found that she was wounded—she was very much collapsed—I sent for a policeman and she was taken to the hospital.
BENJAMIN CHARLES BROWNHILL . I was house surgeon at the Mission Hospital—this girl was brought there about 12.15—she had a wound on the lower part of her abdomen about an inch long, and part of the intestine was protruding from the wound—she was somewhat collapsed—I gave her an anaesthetic and closed the wound—it went through the wall of the abdomen, but there was no injury to the intestine—it could be done by a sharp instrument—she was four weeks in the hospital.
THOMAS SMART (Detective N.) On March 17th I went with West to the Sir Robert Peel public house—I remained outside—West went in—I heard a noise, and the prisoner rushed out at the side door—I seized him and said, "I am going to arrest you for stabbing Margaret Parducca"—he said, "All right, I will go quietly, and will suffer for what I have done to her."
The prisoner, in his statement before the Magistrate and in his defence, said that it was an accident, as he was cutting his nails with a pen knife, when the prosecutrix and her sister rushed in fighting, and rushed at him.
GUILTY of unlawfully wounding . He then PLEADED GUILTY to a conviction at Worship Street on November 21st, 1900, in the name of James Wood; another conviction was proved against him, and the police stated that he belonged to a dangerous gang of thieves. Twelve months' hard labour.
MR. MAHAFFY Prosecuted and MR. LEYCESTER Defended.
STEPHEN FOX . I am house surgeon at St. George's Hospital—on February 28th the prosecutor came there with a wound in the lower part of his abdomen about an inch long—there was considerable bleeding—the wound was enlarged and a large artery tied—he was in a very critical way for three days—the wound was inflicted by some sharp instrument—he was wearing a belt, which was cut through, so the knife must have been used with considerable force—a knife like this (Produced) would produce it.
Cross-examined. It is rounded at the point, but the edge is sharp—the sharper the blade the less force would be required—he had been drinking, but the shock would sober him—I saw the prisoner two days afterwards at the police court—he had a wound on his right temple and another under one eye.
Re-examined. I think the wound was inflicted with the larger blade of the knife.
Redfield Mews, Kensington—the prisoner was employed by my employer—Peter Balls was the day horse keeper—on Saturday, February 28th, about 3.30 p.m., I met the prisoner in the yard with his face smothered with blood—I asked him who did it—he said Peter Balls, and that he was going to fetch a policeman to lock him up—I then went to the harness stable and saw Balls; he was sober, as far as I could see—the prisoner came in with a cigar in his left hand and went up to Balls, who said, "I am stuck"—I said, "Where is the knife, Jemmy?"—he said, "In my right-hand pocket"—I took it out; it was shut—Balls did not appear much injured, and I went home.
Cross-examined. I did not notice whether he was sober—I never saw him intoxicated, and I have been there nineteen months—it was Balls' duty to harness the horses—the prisoner had a wound over his right eye and another below, and one on his nose, as if done by a pitchfork—there are pitchforks in the stable—I saw a cigar in the prisoner's left hand, but I did not see a knife in his right—I did not hear them quarrelling—the stable is divided into stalls—I had my child in my arms—I was about a yard and a half from Balls when it happened, but did not see how it happened—the prisoner did not say. "Take that"—no words passed he did not say to me, "I have a good mind to stick it into you."
By the COURT. Balls is very irritable.
PETER BALLS . I am a horse keeper on the Raythorne cab rank—the cabmen do not each have a set of harness of their own; the harness and cab go together, not the harness and man—on this day the bell rang for a cab, and the prisoner was out with it, and came back with it about an hour afterwards, at 10.30, and objected to the harness—I sent him out again—he came back between 3.30 and 4 o'clock and said, "Peter, let me have my right set of harness"—I said, "You can either have it or leave it"—he said, "I will do for you, you old b----before the day is out"—in the afternoon the quarrel began again, and we had a fight—he struck me and I struck him—I did not take up a pitchfork—I struck him once or twice with my fist and he fell under the manger, and then walked out and went away—I was hanging up a collar, and did not see him coming, and he said, "There you are, you old b----" and stabbed me—that was half an hour after the fight—I was five weeks in the hospital—I am very weak, and I shall feel it as long as I live.
Cross-examined. The Magistrate came to me, and I said, "From the beginning to the end the whole affair only lasted five minutes;" but that was wrong; it must have lasted half an hour—Thrussell was not standing close by when I was stabbed—he was close enough to hear if the prisoner said, "Take that"—the prisoner said nothing to him—the washer took a knife out of his pocket—I was not angry about the harness—I have had a word or two with the prisoner before—it was about 1 o'clock when he said, "I will do for you before the day is our,"—I did not run at him with a pitchfork when we were fighting—I did not have a pitchfork in my hand—he got his wounds by falling on the manger—he had not a cigar in one hand and a pocket knife in the other.
Re-examined, I was very ill when Mr. Lane the Magistrate came to examine me.
WILLIAM GEORGE MUGFORD . I was horse keeper at this yard—on January 28th, about 3.15, the prisoner came there—he and Balls had some discussion about harness early that morning—Acland offered to bet Balls that he had the wrong harness—Balls did not take the bet—they began to fight, but I did not see the commencement of it—it was in a stall for one horse—they kept hitting each other, and Balls got the best of it—no pitchfork was used, or I must have seen it—they left off and I left them in the stable—I fetched a constable after Balls had been stabbed, and another cab took the prisoner to the hospital.
Cross-examined. Before the first fight I heard Balls tell the prisoner to get out—Balls seemed very angry from the conversation, as far as I could judge—I was three stalls away—there was no pitchfork in the stable; they are generally put away in the day—they are sometimes left standing about—I did not pull Balls off the prisoner, but I called to him to leave off—when the prisoner went out he had blood all over his face—I did not see a cigar in his hand, and do not know whether one was picked up afterwards.
By the COURT. I left the employment five weeks ago, because I was little late when I went to dinner—I have known these two men five weeks and two days.
NORMAN THORBERG . I live at 1 Waldegrave Terrace, Earl's Court—I was at these Mews, and the prisoner asked me where Peter was—I did not see anything in his hand—I saw him strike Peter, but I do not know what with—Peter said, "I am stuck"—he had a wound in his stomach.
Cross-examined. I was in the stable about a couple of yards away—I did not hear him say, "Take that."
LEWIS LUCKHURST (222 C.) On February 28th, about 4 p.m., I received information, and saw Balls at St. George's Hospital, and in consequence of a statement he made I went to Rayfield House and told the prisoner I should arrest him—he said, "I will go quietly"—he said at the station that he had a knife in his hand cutting a cigar, when Balls ran at him and got wounded—I got the knife from Thrussell's wife.
The prisoner, in his defence upon oath, stated that he was cutting a cigar when Balls came in and offered him a bet that he had got the wrong harness, and then got a pitchfork, saying, "Get out of here," and struck him in the face and knocked him about terribly; that he was bruised all over, and had black eyes and bled a great deal'; and that he could not explain how Balls got wounded, but they fell against an iron manger; and that he would not have stabbed Balls wilfully.
GUILTY of assault under great provocation . Several convictions of drunkenness and assault were proved against him, but none since March, 1892. Four days' imprisonment, having been a fortnight in custody .
FOURTH COURT.—Wednesday, April 29th, 1903.
Before J. A. Rentoul, Esq., K.C,
409. ALICE HALL (28) and MARY SMITH (33) , Stealing a purse, a spade guinea, a Kruger penny, and £3 10s. in money, the property of Herbert Hartley, from his person, and feloniously receiving the same. SMITH PLEADED GUILTY.
MR. W. GREENE Prosecuted. MR. DRAKE Defended Hall.
HERBERT HARTLEY . I am a pawnbroker's assistant at 244, Bethnal Green Road—on April 10th I was in Bishopsgate Street—Smith accosted me—she wanted me to go with her, and finding what she was, I wanted to pass on—she then caught hold of me and said, "Come on"—she then turned away and left me, and I missed my purse—I endeavoured to go after her when Hall stopped me—a constable then came up and took Hall—I went after Smith and gave her in charge also—the purse contained £3 10s. in gold, a spade guinea, and a Kruger penny.
Cross-examined. There are a great many women of the unfortunate class near Liverpool Street—I was on my way home when I was stopped—a policeman crossed the road, when one of the women ran away.
Re-examined. Hall was in front of me when the purse was stolen—I have no doubt she was the woman standing there—she barred my way when I tried to catch Smith.
WILLIAM SUTTON (895 City.) On April 10th I was in Bishopsgate Street Without—about 11.30 I saw the prisoners on the opposite side of the road to where I was walking—they appeared to be hustling the prosecutor—I ran across and asked him what was the matter—he said, "One of these women has got my purse; this one," pointing to Smith, "took it out of my pocket"—she then started running away—I detained Hall and told the prosecutor to run after Smith.
Cross-examined. There are a good many women of this class about at that time of night—I have seen these two women about the district—I will not swear that I have seen them together—the purse was not taken in my presence—as soon as I crossed the road Smith ran away—I caught hold of Hall—she said, "I have not got his purse; the man has made a mistake"—I have been ten years in this district.
ROBERT WARNER (985 City.) On April 10th, at 11.30,1 was in Bishops gate Street Without—I saw Smith running down the street—I caught hold of her—the prosecutor came up and charged her with stealing his purse—as Smith was running I saw her throw something away.
SMITH †— GUILTY .
Three months' hard labour.
HALL— NOT GUILTY .
MR. BIRON Prosecuted.
HENRY JOBSON (613 W.) At 7 o'clock on March 26th I was on duty in the Wandsworth Road—I saw the prisoner fighting with another man—I came up and separated them—the other man went away—the prisoner tried to get away—I stopped him and told him not to renew the fighting—he replied, "If you don't get out of my way I will make mince meat of you"—he then struck me on my chest—I closed with him—he got me by my tunic collar, threw me on my back, and then kicked me severely three times in the lower part of the body—while I was on the ground another policeman came up and closed with the prisoner and threw him to the ground—he was very violent—Constable Cook then came up and helped me to get on my feet—as I was getting up, the prisoner again kicked me on my head—Constable Cook was in front of him, and the prisoner kicked him violently on his back—we then took off the prisoner's boots—we were struggling with him for three-quarters of an hour and had to get an ambulance—he was very violent all the time—he broke the strap of the ambulance—when he was put into the dock he said, "I will put your light out if I get hung for it"—he also threatened me in the same way all the time—he was drunk—in consequence of the injuries I received I was off duty for ten days.
Cross-examined by the prisoner. You were not lying in pools of blood when I came up—you were righting with a respectably dressed man.
ALFRED COOK (664 W.) On March 20th I was in Wandsworth Road and saw a disturbance—I went to it and saw Jobson on the ground—the prisoner was kicking and struggling like a madman—I attempted to restrain him—I caught hold of him, and he gave me a severe kick on my back—I also saw him kick Jobson on his helmet—he was eventually taken to the station on an ambulance, the strap of which he broke on the way—in consequence of the kick I was in bed six days, and am still on sick leave.
Cross-examined. You kicked me whilst you were on the ground on your back.
JOHN WARD (799 W.) On March 26th I saw Jobson on the ground—I went to his assistance—I saw the prisoner kick him—I closed with him and threw him to the ground—we were struggling with him for half an hour before we got him on the ambulance—he struggled violently on the way to the station, and broke the strap of the ambulance.
ARTHUR DOLLING . I am Divisional Surgeon of Police, of 344, Clapham Road—I saw Jobson on March 27th—he was in bed—he was in great pain in his right groin—he was off duty ten days—I saw Cook afterwards—he was also in bed in great pain from his spine—he has not been able yet to resume duty.
Prisoner's Defence. I was the worse for drink. I can swear I never broke the strap, and I never had the power to kick a man in the back. This boot (Produced) could not do the injuries spoken of.
GUILTY . He had been thirty-two times convicted of being drunk and disorderly, and of twenty-two assaults on the police. Eighteen months' hard labour.
GEORGE GLOVER . I am an oil and colourman of 18, Townsend Road, South Tottenham—on March 31st I was in Kingsland Road—I had been drinking a little, but was not drunk—I was going to South Tottenham—I met the prisoner and another man, and asked him the way—he said he would show me a much quicker way of getting to the Birdcage, where I wanted to go—he took me through a lot of turnings on to Stoke Newington Common—the two men there threw me down—the prisoner rifled my pockets whilst the other one held me down—he took from me two handkerchiefs, four pawn tickets, one letter, two post cards, and a tie clip, 6d. in bronze, and 6d. in silver—a police officer came up, and they ran away—the articles produced are mine—I next saw the prisoner at the police station.
JOHN DALLOW (590 N.) On March 31st, at 11 p.m., I was at Stoke Newington Common—I saw the prisoner with two other men crossing the common—I followed them and the prisoner and another man ran away—the prosecutor was lying on the ground—he said, "I have been robbed"—I gave chase to the men and the prisoner ran into the front garden of a house in Jenner Road—I captured him and told him I should arrest him for robbing a man on the common—he replied, "All right"—at the same time a gentleman who was standing there picked up four pawntickets and a hankderchief—to go to Stoke Newington to get to the Birdcage would be going a mile and a quarter out of the way.
Cross-examined. It is a straight road from the Hackney Road to the Birdcage.
The prisoner, in his defence on oath, stated that he met the prosecutor, who said he had been employed by an oil and colourman, that he had left his situation, and should like to do his late governor a bad turn, that he could go and dear the stock out of his shop, and if they could get a horse and van they could do the job for him, but they made no reply; and that they then walked on to the Common, where the other man, who was a stranger to him, knocked the prosecutor down and took the articles from him.
GUILTY .† Six months' hard labour.
MR. BRODRICK Prosecuted.
RICHARD MALLINDER . I am first footman to Mrs. Dudley Smith, at 9, Grosvenor Crescent—on April 18th, at 11.15, I was sitting in the servants' hall—I heard the area door open, which rang the bell attached—I then heard a noise in the housekeeper's room—I walked quietly to see the cause, and saw the prisoner coming from the room—I asked him what he was doing there—he said "Good evening, could I see James?"—I told him that no person of the name of James lived there—he said, "Oh, I
must have called at the wrong address"—he had a stick and umbrella in his left hand, and also a clock, which is worth £2—it belongs to Mrs. Smith, and the umbrella and stick to the butler.
GEORGE ANDREWS . I am butler to Mrs. Dudley Smith—I took charge of the prisoner—he went down on his knees and begged for mercy—I told him it was no good for him to think of that, I had my employer to study—the stick and umbrella produced are mine.
HARRY SIMPKIN (229B). I was called to this house, and took prisoner into custody—on the way to the station he said, "What-a fool I have been to chance my arm" which means get into trouble, "for the umbrella I should only have got 2s., and for the clock 2s., and the other things I do not know what I should have done with."
The prisoner put in a written defence, stating that he was suffering severely from depression, through being out of employment, and was suddenly seized with temptation, and committed this burglary.
GUILTY . He then PLEADED GUILTY to a conviction of felony in the name of Thomas Whittaker, at Westminster, on March 5th, 1902, and three other convictions were proved against him. Two months' hard labour.
MR. LYNE Prosecuted.
ALFRED CRITTALL (429 City.) On April 7th, about 3 o'clock, I was on Finsbury Pavement, and saw Owen being held by the prosecutor and a postman named Jessop—the prosecutor said that his watch had been stolen in Copthall Avenue, and Owen had given it back to him—I said to Owen, "You heard what this man has said; you will have to come to the station"—he made no reply—I took him to the station, where he was charged—he said "All right."
FRANCIS BERNARD NEAL . On April 7th, about 3 o'clock, I was in Copthall Avenue, and stopped to look in a newspaper shop for about a minute, and then wished to move away, but found I could not do so—I was pinned in by Welch and Beavis—they held me tight—when I got free my watch was gone—this is it (Produced)—Welch walked away, and Beavis went into the newspaper shop—Beavis came out of the shop and walked away after Welch—I went after them and caught them up, and said, "My watch has gone, and you know something about it."—they both said they knew nothing about it—I said, "I want my watch back"—I caught hold of Beavis' arm and said, "Unless I get my watch back I shall charge you with being concerned, and take my chance of your being the right man; you must come along with me and see a policeman"—we went to Finsbury Pavement, when Beavis gave a whistle and up came Owen—that was the first time I saw him—he took the watch from his sleeve or pocket, and said, "Here you are, old pal"—I took it and put it into my trousers pocket—I said, "I am not satisfied about this matter," and caught hold of Owen—he got away, and started to run, and dodged
about amongst some cabs, but was stopped by a postman, and the two of us held him till a policeman came up, and I gave him in charge—I identified the prisoners at the station.
Cross-examined by Welch. I never felt or saw anybody take my watch.
Cross-examined by Beavis. Three other people were round the shop, in front of me—you went into the shop and came out again.
ARTHUR CHARLES JESSOP . I am a postman, of 26, Capel Road, Forest Gate—on April 7th I was in Copthall Avenue, about 3 o'clock, going off duty—I saw a small crowd at a shop, and stopped—Owen was standing behind the prosecutor, and I saw his arm come away from the crowd—the prosecutor stepped into the road and said, "My watch is gone"—he caught hold of one of the prisoners, and the other man went into the shop—when he came out both of them walked away—the prosecutor went after them, and I followed, as I knew the prosecutor had not got the right man who had the watch—they got into Finsbury Pavement, when Owen walked up and held up the watch—Neal took it, and then Owen started to bolt—I ran after him, caught him, and held him till a policeman came up—he was given into custody—I have since identified the prisoners.
Cross-examined by Owen. There were three or four people outside the shop—when I said "crowd "I meant the path is very narrow and is soon blocked up—I thought it funny to see your arm coming away, I thought you were doing something wrong—I saw nothing of your hand.
THOMAS DOWSE (Detective Sergeant.) On April 16th I was with Detective Sergeant MacKenna and another sergeant—we went to Hoxton—about 12.30 we saw Beavis—I told him he would have to go to the City, and that he would be detained for inquiries as to being concerned with a man named Owen, who was in custody, in stealing a watch—he was taken to Moor Lane, and identified—on April 21st I, with another detective and Sergeant MacKenna, arrested Welch, and conveyed him to the City, where he was identified by the prosecutor as being concerned with the others in stealing the watch.
Beavis' defence. It is the truth I was in Copthall Avenue, and was looking into the newspaper shop window, when the prosecutor said to me, "Did you see anybody take my watch? "I knew nothing of a watch being taken. I replied, "No." He said he was not satisfied, I had better gowith him to a constable. I said, "Certainly, or to the station, I don't care which. "We met a policeman, when Owen came up. About a week after I was arrested. I did not know anything about the watch being stolen, and was quite innocent of it.
GUILTY . They then PLEADED GUILTY to previous convictions, BEAVIS at Clerkenwell, on June 1st, 1896; WELCH at Clerkenwell, on February 6th, 1900, and OWEN on May 27th, 1899, in the name of Thomas Arthur Jones. Five other convictions were proved against Owen, three against Welch, and nine against Beavis. OWEN, Three years' penal servitude; WELCH Twelve months' hard labour; BEAVIS, Three years' penal servitude.
414. HORACE HOWELL (27) and LOUISA CROSS (22) , Breaking and entering the dwelling house of Duro Lucchesi, and stealing three sheets, eleven chemises, and other articles, his property. Other counts, for receiving the same.
MR. TORR Prosecuted.
ELIZA LUCCHESI . I am the wife of Duro Lucchesi, of Holdsworthy Square, Gray's Inn Road—on March 14th, I left my house at a quarter to eight a.m., safely locked up—there was no one there—my husband came back first—in consequence of what I heard I complained to the police—I missed the articles mentioned in this list—they were all Safe in the house when I went out—I next saw them at the police station, and I identified them—I saw Cross at the station—she was wearing some of my under clothing.
Cross-examined by Howell. There are only ourselves who live in our rooms, and we have a street door to ourselves.
DURO LUCCHESI . I am the husband of the last witness—on March 14th I left home at 6.45, and left my wife behind—I returned at 8.40 p.m.—I noticed an upset in the bedroom, a drawer out, and a lot of things on the floor.
RANDALL HODSON (Police Sergeant G.) On March 18th I received information in consequence of which I went to a house at Islington where the prisoners were lodging—I found in their room a large number of articles which are in Court, and which have been identified as the property of Mr. and Mrs. Lucchesi—the prisoners were in bed—I told them we were police officers, and had reason to believe they were in possession of stolen property—I asked them to account for the possession of the things I found there—Howell said, "They are my wife's things"—I asked him where she obtained them from—he replied, "I shan't give you any further information, you must find out"—he afterwards said, "A fellow named Alf Gaffin, from off the Dials, brought them things to my house on Sunday night, but I do not know where he lives"—Cross said that the things belonged to her—at the station Cross was "found to be wearing under-clothing identified by Mrs. Lucchesi—in her dress pocket I found pawn-tickets relating to other stolen property.
Cross-examined by Howell. The house where the burglary was committed is a model dwelling—one of the jemmies (Produced) was found in your room, and the other on the window-sill.
SERGEANT PRIDE. On March 18th I went with Sergeant Hodson to the house at Islington which has been mentioned, and saw both the prisoners in bed—after I had found the linen Cross said, "That is all mine, bought and paid for"—I said, "It is not the class of things that you would have"—she said, "I can have what I like"—on searching the room I found this jemmy, and on the window-ledge this other one—the marks upon the door of Lucchesi's dwelling were identical with those which would be made by the small jemmy produced.
Cross-examined by Howell. Other people were living in Lucchesi's house.
lodged at my house—on March 17th Cross pawned some underclothing—I was with her—the things produced I recognise as the ones—she had previously asked me to pawn things for her, which I did.
KATE GRISWOOD . I am the wife of William James Griswood, of 104, St. Albans Buildings, Gray's Inn Road—it is a model dwelling—on February 15th I went out, leaving everything safe, and returned at 11.20—the door of our place had been broken open—there were marks on the door—I missed a marble clock, worth 15s.—this is it (Produced)—it is mine.
JOSEPH PHILLIPS . I appear as a private civilian in this matter and not as a police officer—I live at 12, Jubilee Buildings, Westminster Bridge Road—on February 25 I left my place safely locked up, and returned about 10.30—I missed the knives and forks now produced—they are worth 15s.—there were marks on the door apparently made by a jemmy.
Howell, in his defence on oath, said that the things were brought to him by a man named "Alf," who said he had obtained them at a sale, and asked him to pawn them and he did not know that they were stolen till he was charged.
CROSS NOT GUILTY .
HOWELL GUILTY of receiving.
MR. FORDHAM Prosecuted.
ADA ANDREWS . I live at 21, Canfield Place, West Hampstead—I am married—the prisoner and his wife lodged in my house for some months—they had two children—there was a quarrel between the prisoner and his wife, and he stated that someone else could look after the children—previous to that he had stated that he would leave them as he had left others—on February 9th he and his wife went out about 3.30 p.m. with the children in a perambulator—I did not again see the prisoner till Easter Tuesday at the Marylebone Police Court—I saw the children again on February 12th at the workhouse and identified them.
Cross-examined by prisoner. I sent for the police on February 7th because you had assaulted a lady who came from the Charity Organisation Society.
JOHN SNOOK (Police Sergeant 20 S.) I was called to Mrs. Andrews' house on February 7th in consequence of a disturbance between the prisoner and his wife—I spoke to him about his children—he replied, "Never mind the children; let some one else look after them"—on February 10th I went to Hampstead Workhouse and saw the two children there—those were the two children I had found in his house and which he said he would abandon.
LILY RIDER . I live at 92, Southampton Road—on February 9th I was going to Belsize Park Gardens and found there a mail cart with two children in it—I called the attention of the police to the matter—Canfield Gardens is not far from Belsize Park Gardens.
ALBERT WHITE (539 S.) On February 9th Rider called my attention to a mail cart left unattended with two children in it—I took the children to the police station, and afterwards to the workhouse—they were identified as the prisoner's children.
The prisoner, in his defence on oath, said that he did not abandon the children, they must have been stolen; that his wife was charged with this offence and found guilty; that he took the children out and left them outside a urinal while he went inside, and when he came out they were nowhere to be seen, and that he had been in a lunatic asylum.
JAMES SCOTT . I am Medical Officer at Brixton Prison—I have seen a great many cases of mental disorder—I have carefully watched the prisoner, and am of the opinion that he is sane and responsible—I think there is nothing at all the matter with his mind now.
GUILTY . Seven convictions were proved against him for drunkenness and assault. Three months' hard labour.
NEW COURT.—Thursday, April 30th, and Friday, May 1st, 1903.
Before Mr. Recorder.
416. FRANK CHAPMAN (22) , Feloniously marrying Jennie Jackson, otherwise Wager , his wife being alive; and JENNIE JACKSON, otherwise WAGER , and MARY ANN CHAPMAN (57) for aiding and abetting him to commit the said felony. Frank Chapman PLEADED GUILTY .
MR. CAMPBELL Prosecuted.
EMILY WITT . I am married—the male prisoner married my daughter, Amelia Witt, on October 14th, 1900—I was present, and also Chapman's mother, the elder female prisoner—on August 28th I was at Worship Street Police Court when the male prisoner was convicted of an aggravated assault on his wife, and she was granted a separation order with an allowance of 7s. a week—the prisoner Jackson was in the corridor of the Court with Mary Jane Chapman—my daughter Amelia Chapman is now outside the Court.
JAMES WAGER . I live at 9, Newin Street—the younger prisoner is my daughter—the male prisoner is my sham son-in-law—he was married to my daughter at Holy Trinity Church, Hoxton, on December 21st—I was present, and his mother and father also—I did not then know that he was already married—his mother did not say anything to me about it.
JOHN VICARS (358 G.) I have been attending to the payments under the separation order of August 26th, which I received from Mrs. Chapman, the elder female prisoner—the last payment I received was on March 14th last—they were weekly payments.
GEORGE BROWN (Police Sergeant J.) On April 14th in the evening I went to a public house in the New North Road and arrested Frank Chapman—he made a statement—about 8.30 on the same evening I went to 22. Hoxton Square, and saw Jackson—I said to her, "I have
arrested a man named Frank Chapman, who I believe went through a form of marriage with you, on a charge of bigamy"—she replied, "Yes, I know he was married when he married me"—I then said, "I will take you to the station; you will be charged with aiding and abetting the man to commit bigamy, as I have information that you were present at Worship Street Police Court in August last when the Magistrate made an order for a married man in the name of Jackson, whose right name was Chapman, to allow his wife, who was present in court, 7s. a week"—she said, "Yes, I was there with his mother; I asked him, 'What is this order for?" and he replied,' It is only a woman I have been with '; he threatened me and made me marry him"—I took her to the station—on August 22nd I arrested Mrs. Chapman for feloniously aiding and abetting Frank Chapman to commit bigamy—she replied, "I have been let into this; Jennie knew my son was a married man, and she asked me not to tell her father, but to let him find out afterwards. I am very sorry for what I have done."
Mary Jane Chapman; in her defence on oath, stated that she did all she could to prevent the marriage taking place, and that she never aided and abetted the offence.
[The Recorder considered that the mere presence at the ceremony was not sufficient to constitute the offence of aiding and abetting, and that there must be some overt act apart from the actual presence, of which there was no evidence in this case.]
Jane Jackson, in her defence on oath, stated that she did not know Chapman was a married man; that he told her that the summons at the Police Court was taken out by a woman with whom he had been keeping company, which statement she believed.
FRANK CHAPMAN, GUILTY. Five years' penal servitude. MARY ANN CHAPMAN and JENNIE JACKSON, NOT GUILTY .
417. EDWIN GREGORY (40), WALTER FREELAND (35), and CHARLES WILLIAM LEES (36) , Conspiring to defraud Ponting Brothers and other persons of their goods. Other Counts for obtaining the said goods by false pretences; Other Counts charged Gregory with incurring debts and liabilities, and obtaining credit under false pretences and by fraud, and Freeland and Lees with aiding and abetting him.
MR. BURNIE Prosecuted; MR. METHVEN appeared for Gregory; MR. SYMMONS for Freeland, and MR. HUGHES for Lees.
MARY ANN WELLS . I live at 61, Vauxhall Bridge Road—Gregory occupied one room at 6s. 6d. a week in my house, from February, 1901, till May, 1902—he then left, and came back in July till October—he owes me about £20.
Cross-examined by MR. METHVEN. I am on friendly terms with him, with the exception of the debt he owes me.
WILLIAM MARTYN . I am managing clerk to Mr. Pennington, Auctioneer and Estate Agent at Mortlake—Gregory rented from us Lancaster Villa, Upper Richmond Road, at £42 per annum—he left without notice, owing rent—there were no effects to distrain on.
a paper and sweetstuff shop—I took in letters in the name of Gregory—I do not recognise Gregory.
FREDERICK BURNABY COX . I am clerk to Halse and Hartley, Estate Agents of Turnham Green—Gregory rented a house from us at Bedford Park at £72 a year—on November 18th, 1902, he signed the contract—he gave the names of Mr. Newman, solicitor, and Mr. Bennett, as references—we wrote to Mr. Newman, and received this reply—"Dear Sir. In reply to yours of yesterday, re Mr. Edwin Gregory, I have known and acted for this gentleman for some years past. In my opinion you will find him a thoroughly respectable and responsible person, and as far as I am aware, well able to pay the rent you name. Yours truly, Edwin H. A. Newman. "We subsequently received further letters re the agreement and repairs, signed "Edwin H. A. Newman"—Lees called on us between 10th and 22nd, and left a card—Gregory appeared about February 16th, and entered into possession of the house.
Cross-examined by MR. SYMMONS. There were no stables attached to the house.
EDWIN HENRY ARMSTRONG NEWMAN . I am a solicitor of 2, Angel Place, Edmonton—Lees was my clerk from January, 1902, to January, 1903—I carried on business for a time in the City, and then at 66, Quicks Road, Wimbledon, where I had apartments, as tenant of Lee's father—I first met Gregory about November last at Quicks Road—it is not true that I had known him for years past, or that I had managed estates for him in Wales, or elsewhere, or received rents for him—the letter giving Gregory a reference did not come to my notice till a long while afterwards—it is in Lees' writing—it was not written by my authority—it is not my signature—Lees had authority to sign my name to anything connected with legitimate business—I think it would come within the scope of a managing clerk's business to sign on my behalf—he had no authority to state anything untrue on my behalf, nor had he authority to state on my behalf that Gregory was a thoroughly respectable and responsible person, who, as far as I was aware, would be able to pay £72 a year—the letter to Pontings, produced, saying "Mr. Gregory is a client of mine, but I do not give information as to the financial position of any of my clients," was written by my instructions—I have given up practice, with the exception of clearing oft some arrears.
Cross-examined by MR. METHVEN. Lees was my managing clerk, and had a few friends who consulted me about matters—Gregory's business was one of the matters which were being cleared up—he told me he might have to go to Wales.
Cross-examined by MR. HUGHES. Gregory might have referred to a house at Bedford Park as far back as November, but I do not remember it—the two letters shown to me are all in one person's writing, including the signatures, but the latter were probably written with a thicker pen—I have seen Lees writing and signing letters like these, and have raised no objection—I should not have given Gregory a reference without knowing more about him—Lees told me, when Gregory came to Quicks Road, that he was a respectable man, and I had no reason to doubt it—
I was shown by Lees the agreement for taking the house, and approved of it.
Re-examined. I did not authorise anybody to say that I had known Gregory for some years, and had acted for him.
By the COURT. It never struck me that Lees had endeavoured to imitate my signature.
FRANK HILDITCH . I live at 10, Bramber Road, Fulham, and am eighteen years old—on February 16th, I met Freeland at Knightsbridge in a public house—I was with some people who knew him—I mentioned that I was out of work, and asked him if he could get me a situation—he asked me if I knew anything about horses or stable work—I said "No"—he then said he would see Mr. Gregory, whom he was working for, and see if he could get me a job—he further said, "I am not the man who has got the money, it is Mr. Gregory, who has some mines in Wales"—I saw Gregory at 111, Adrian Terrace, Fulham Road, and went with him on February 17th to Queen Anne's Grove, Bedford Park—when we got to Queen Anne's Grove, I saw there was little furniture in the house—on that day, twelve bottles of whisky, some Burgundy and mineral waters came, also a York ham, and a Stilton cheese—I packed the ham, cheese, and whisky in a box by Gregory's direction—I missed the box later on—Mrs. Freeland came to the house the same night with some rough furniture—on the 18th a sirloin of beef came to the house, which I put in a cupboard—I missed it next morning—goods came to the house on the Tuesday, Wednesday, and Thursday—on Thursday night, I found Gregory and Freeland packing up some spirits in a box, which was put in a cab—Gregory went away with it—Gregory said it was a present—Freeland and Gregory were very intimate with one another, the relations were not what you would expect between a gentleman of position and a coachman—goods came in during the three days I mentioned, and then suddenly stopped—Gregory gave me an order for wine to take to Bourne's.
Cross-examined by MR. METHVEN. The unpacking and packing of one lot of goods was done openly in my presence—I slept in the house—I was promised wages, but never got any—I asked Gregory what he was going to do about paying the various accounts in a month's time, as he had told me, and he answered, "My dear fellow, I may be in the middle of China then"—Some of the things that came to the house were consumed, but most of them were sent away.
Cross-examined by MR. HUGHES. I never saw Lees at the house—I never saw him in Gregory's company.
Cross-examined by MR. SYMMONS. Freeland said he was coachman to a gentleman, and would try and find me employment with him—Freeland occupied three rooms at the house in Queen Anne's Grove—I packed the ham, the cheese, and twelve bottles of whisky by Gregory's direction—the second lot of goods the other two packed—Freeland told me that Gregory was a man of great wealth—there was no coachman, nor carriage, horses or stables attached to the house—Freeland never told me he was a lodger—I never knew that until Gregory was arrested, and then he told one of the police officers—I am now in Ponting Brothers' employment.
Re-examined. Since these proceedings, I have been told that I had better clear out, or else it would be worse for me.
JAMES SAUNDERS . I am a salesman at Pontings', Kensington—on February 14th, this letter was handed to me: "2, Queen Anne's Grove, Bedford Park, Messrs. Ponting Brothers, Will you please send one of your representatives to my house, the above address, to take measurements of curtains, and let him bring samples. Please let him attend at 11 o'clock to-morrow, Saturday, Yours truly, E. Gregory"—In consequence I went to the house—I saw Gregory there—I told him I had come to take the measurements, which I did, for curtains and poles, blinds and fittings—I asked him if he had an account with us—he said he had not, so I asked him if he would pay on delivery, or give references—he said he would give references, and referred to Messrs. Halse and Hartley—I went there, and was referred to Mr. Newman—on the 19th the goods he had ordered were supplied, amounting to £21 19s. 8d.—Gregory came to our shop on February 20th, and selected about £124 worth of goods, which were not supplied.
Cross-examined by MR. METHVEN. I do not know what reference the firm received from Mr. Newman, that is counting-house matter.
Cross-examined by MR. HUGHES. All references are counting-house matters; not in my department.
Cross-examined by MR. SYMMONS. My business is simply to take orders. Edward Edgar Lambert. I am counting-house manager at Messrs. Pontings'—on February 16th I heard of the order of Gregory and the reference, and wrote to Mr. Newman, who replied stating that he did not give information as to the financial position of clients—the goods were sent without my sanction—Gregory called on the 20th, and I showed him the letter from Newman, and said it was practically speaking not a reference—I asked him if he would give further references or a deposit, and he said if I made further application to Newman no doubt he would give a reference—after he had gone away I made inquiry at various departments, and found he had given a lot of orders, so I made inquiries—I went to the house agent and local tradesmen—I went back and consulted my directors, and was instructed to see Gregory—I did so, and asked him to give me a deposit—he refused—he told me he always paid about the 29th of each month—he also told me his property was entirely under Newman's management; that he, Newman, received the rents of his property in Wales, and when he wanted money he sent his man Freeland to Newman to get it—I asked him for a banker's reference—he said he had no banking account, Newman had the entire management of his financial affairs—the second lot of goods was not supplied.
Cross-examined by MR. METHVEN. I was impressed by what Gregory told me, but I did not believe him—if he had given satisfactory references we should have supplied the goods.
Cross-examined by MR. HUGHES. It was the letter we received from Mr. Newman that caused us to stop supplying the goods.
Cross-examined by MR. SYMMONDS. I did not see Freeland till he was arrested.
WALTER FORBES . I am manager at Messrs. Pontings'—Hilditch came into our service about the Monday after Gregory was arrested—on March 18th I heard Mrs. Lees saw that she had taken a message to Hilditch to the effect that he would have to get out of the way, or it would be worse for him—she said that Freeland had told her to tell Hilditch.
HENRY EBDEN . I live at 296, High Road, Chiswick, and am manager to Messrs. Mosby and Co., wine merchants—on February 20th I received by hand this written order:—"Please send to my house 1 dozen Buchanan's Black and White whisky, 3 bottles of Rudesheimer, 3s. E. GREGORY. P.S.—Please let my man have the three bottles of Hock."—I let the man have the Hock—before delivering the whisky I went to Queen Anne's Grove and saw Gregory—I told him it was usual to have references before delivering goods—he gave the name of his solicitors, Newman and Lees, 66, Quicks-road, Wimbledon—I questioned him as to payment, and he said he paid at the end of the month—he then gave me an order for three bottles of brandy, which I supplied—the same afternoon I received some information, and went to Queen Anne's Grove and saw Freeland and Hilditch there—I had a chat with Freeland—I told him I had heard certain things, and had come round to see if I could get a settlement—he said it was a peculiarity of his governor placing orders with different tradesmen; if I came down in the morning he was almost sure Gregory would settle the account—I went next morning, and saw Gregory, who said he could not trouble about our account just then: we need have no fear about it, as he had got plenty of property; if he wanted £200 he could get a draft from his solicitors, and that he could not trouble about settling these tup' penny ha'penny accounts just then—I have never been paid.
Cross-examined by MR. METHVEN. The total amount of my bill was £3 13s.
Cross-examined by MR. HUGHES. I did not see Lees till the proceedings in the Police Court.
Cross-examined by MR. SYMMONS. I saw Freeland at the house once—he told me he was the coachman—he said Mr. Gregory was all right, and we need have no fear about our account.
SIDNEY BOURNE .—I am a wine and provision merchant, at Turnham Green—on February 18th I received from Queen Anne's Grove an order for two dozen Guinness and two dozen Bass, which I sent—on February 20th I received two orders, one of which I executed—the next day I received an order for wine and beer—I made inquiries, and refused to supply the goods—Gregory came to the shop and tried to persuade me to execute the order—I told him I would investigate the reference he had given me to "Newman, Quicks Road, Wimbledon," first—he told me to refer to his clerk. Lees; he was the man who knew most about the business—I told Gregory that I was not satisfied with what I had heard, and said as far as I knew he might be a member of a long firm, and that I would not execute the order—he was very indignant said said, "A gentleman should not be addressed in that manner"—I went to Quicks Road, but saw no one, and then wrote a letter, and received a reply signed "Charles William Lees," expressing great surprise at my calling and saving that he would call on
me—later the same day I went to Queen Anne's Grove, and saw Freeland there—I told him I had come" for payment of my account, which I presented—he looked at the account with a contemptuous air and said, "Is that all? I have known my master spend £100 a day; you need not be afraid; you will be paid"—he said he was the coachman—there was a display of saddles and whips at the house—I have never been paid.
Cross-examined by MR. HUGHES. Lees represented himself as clerk to Mr. Newman, and not as a solicitor.
Cross-examined by MR. SYMMONS. My grocery manager was present when I interviewed Freeland at the house—I am not mistaken in saying that Freeland said he was the coachman.
FRANK KNELL (Police-Inspector L.) I was stationed at Paddington when this matter occurred—Messrs. Ponting first gave information—I then went to Mr. Bourne—Kensington is in the Paddington district—a warrant was obtained for Gregory's arrest, which was effected on February 24th, at 2, Queen Anne's Grove—I read the warrant to Gregory in Freeland's presence—he said, "I have never had the goods mentioned"—I searched the premises, and found only a chair bedstead covered with a rug—there were curtains in every room, fitted up—I found four pawn tickets, and papers, not relating to the case—Gregory was taken to the station—the warrant was read over to him again—he said, "I never had those goods"—I arrested Freeland on March 10th on another warrant—I read it, and he said, "Yes, I do not know Bourne"—when I arrested Freeland he said to Gregory, "Of course, Mr. Gregory, you understand I am only a lodger here"—I did not then know there was a case against Freeland—when I searched 2, Queen Anne's Grove I found curtains in Freeland's room as well as the others—I did not arrest Lees.
Cross-examined by MR. METHVEN. Amongst the papers I found was a letter to the effect that Gregory had successfully managed the London office of Brock's Commercial Agency, but I could not find the writer of it.
Cross-examined by MR. SYMMONS. When I arrested Gregory I found Freeland living in the kitchen with his wife and two children—I did say at the Police Court that Freeland appealed to Gregory to corroborate him as to being a lodger, and that Gregory said that it was so.
FREDERICK BARNABY (Detective F.) On March 13th I held a warrant for Lees' arrest—I kept observation for three days on 37. St. Quintin's Avenue, near Wormwood Scrubbs—he came out of the house, and I followed him to the railway station—as he was going on to the platform I said, "I believe your name is Lees"—he said, "What of it?"—I said, "If it is I have got a warrant for your arrest"—he said, "Oh, I guess what it is"—I read it to him, and he said, "All right, don't make a fuss"—I went from St. Quintin's Park to Kensington—he was taken into Kensington station and charged—I searched him and found a telegram and four pawn tickets for a ring and small articles—I also found five cards on him: "E. H. Newman, Solicitor, 66, Quicks Road, Wimbledon," with "Mr. Charles W. Lees" in the corner.
Cross-examined by MR. HUGHES. Being new cards, they were suspicious. Lees in his defence on oath, said that he first knew Gregory at the end of
1899 or the beginning of 1900, as an agent for Brock's, Limited, at the Wool Exchange; that he always appeared to be a man of position, and introduced him to Mr. Newman to act for him in some business matters; that he wrote the letters produced, and he had every reason to believe that what he stated was true; that he put his name on Mr. Newman's cards with his full authority; that he did not know what Gregory had been obtaining, and that he had no share in anything.
E. H. A. NEWMAN (re-examined). I absolutely never heard until January that Lees had written in my name stating that Gregory had been a client of mine.
Freeman, in his defence on oath, stated that he never said to Hilditch that he could find him a job with Gregory, and that he never told him he was Gregory's coachman, that he was simply a lodger at 2, Queen Anne's Grove, and paid his rent; that he never packed the goods, nor did he have any of them; and that he had been convicted of fraudulent bankruptcy and sentenced, to hard labour.
FLANAGAN. I was employed about the house for two days doing odd jobs and was sent by Gregory to Ebden with an order for some things.
GUILTY . GREGORY— Ten months' hard labour. FREELAND and LEES— Twelve months' hard labour each.
THIRD COURT.—Wednesday, Thursday, Friday, and Saturday, April 29th and 30th, and May 1st and 2nd; and
NEW COURT.—Monday, May 4th, 1903.
Before Mr. Common Serjeant.
418. VINCENT LARNER , PLEADED GUILTY to fraudulently converting to his own use, £4 12s. received by him form Ernest Jones on account of Thomas Charles Stevens, trading as the Wine Trade Association. Judgment respited.
MR. MUIR, MR. BODKIN, and MR. SYMMONS, Prosecuted; and MR. C. F. GILL, K.C., and MR. WARREN Defended.
HENRY GRAHAM GLEN . I am a colour-type printer at Wortley, near Leeds—I received this letter of November 20th, 1902, from Mr. Hill, of Bear Town, near Huddersfield, whom I did not know, offering employment for thirteen weeks at £1 a week, and 5s. expenses, by the Parker Pen Company, on forwarding 10s. 6d. for one of their fountain pens—it enclosed a four-page circular, like this, with the form of letter to be written to ten persons every day, when the signed agreement would be sent, appointing me the Company's agent on the same terms—half of the circular was to be retained—I read it aid noticed the illustrations at the head of it of the American and London offices of the Parker Pen Company—I also read another document referring to the lucky curve fountain pen—I filled in the application
form on page 2 of the circular, signed it and got it witnessed on November 21st—I returned that and half of the circular to the Company, and a remittance for 10s. 6d.—I was in employment—I had no special use for the pen—I received it, and the signed agreement dated November 25th—it was signed by the Company and witnessed by R. Travis—the pen was satisfactory, and I believed it was genuine business, and that I should receive £1 a week and 5s. expenses on fulfilling the agreement at the end of the first week, which stated "The said remuneration to commence one week from the date of the posting of the first batch of ten letters, and to become due and payable at the end of each week thereafter"—I wrote and posted my ten letters a day, stamping them, and sent in a post card each day to the Parker Pen Company as required by the agreement, and carried out its terms—about December 9th I wrote to the Company for my remuneration—I received this letter of December 10th, stating that my salary became payable at the end of the second week, but as my post cards had come in regularly, and there had been some orders from my work, they enclosed the cheque for 5s.—the letter is type-written or printed, and the cheques printed were like these produced—I wrote on December 11th for my second week's pay, and for more circulars—I got no reply—I wrote again, and on December 16th I wrote, "I cannot understand why you do not reply to my repeated applications for remuneration and expenses for the second week"—I had carefully fulfilled the terms of the agreement—on December 21st I got a circular stating that the Company were going to pay Pro rata £1 a week for six pens sold, and on December 22nd another fortnight's supply of circulars—I never got any remuneration, only the 5s.—I did not continue writing ten letters a day after I got my second batch of circulars—I received a post card stating that the Company were suspending business during the Christmas week, and that my work was to be resumed on December 31st—I wrote this letter of January 1st, that unless my remuneration and expenses were received up to the second week by return, I should put the matter in the County Court without further delay—I received the reply that no orders had been received from my work, and stating, "In accordance with the terms of the agreement the remuneration does not commence at the end of the first week, but becomes payable at the end of the second week's work"—that looks as if it were type-written—I replied on January 5th that my letters had been posted regularly and the conditions of the agreement faithfully carried out, that I was entitled to the second week's remuneration and expenses, and that unless cheque was sent by return I should not hesitate to put the matter in other hands—that letter came back with a request to put my number on it, 548—I replied on January 8th, and sent the number—I heard nothing further—I never got any remuneration—I spent 10s. 6d. for the pen, 10s. for postage stamps for the fortnight, and 2s. or 3s. for envelopes, blotting paper and post cards, having written my ten letters a day.
Cross-examined. I signed one letter "Per pro H. Graham Glen" in mistake, as I frequently so sign my father's letters—I agreed to write, "This letter is written with my Parker fountain pen. "I did not notice
that I had omitted to do so—I knew the scheme was to sell the pen, and believed it would work—this is the pen (Produced.)—I carry it in my pocket—I believed I could have my 10s. 6d. returned if the pen was not satisfactory—I heard after threatening County Court proceedings that Dixon had been arrested—I was asked to go to Bow Street.
Re-examined. I was called on by the police.
WILLIAM TOMPKINS . I am an art metal worker, of 11, Beach Avenue, Strong Lane, Birmingham—I received this letter from the Parker Pen Company, offering employment at £1 a week and 5s. expenses, and with the idea of employing my spare time I filled in and sent the forms of application and contract, and sent a postal order for 10s. 6d. for the pen—I received the papers, including the signed contract produced, and complied with the terms—I received letter of December 12th enclosing 5s. for the first week's expenses, and replied that I was surprised at their stating that my salary did not commence till the end of the first week, and became payable at the end of the second week—I continued writing the letters, and on December 15th they enclosed more circulars, after I had written for more circulars and for my money due to me—I received this letter of December 20th, that payment would be on the pro rata basis of £1 a week for six pens sold—I replied that I was thoroughly disgusted as I had done the work according to agreement, and that I should take proceedings unless the money was sent—I received the printed post cards about the Christmas holidays, and there was other correspondence in which I demanded the remuneration agreed in the contract produced—I never got any—on January 8th I sent in this form which my master gave me, demanding payment within five days or that I should take County Court proceedings—I parted with 10s. 6d. for the pen, 10s. for stamps, and for stationery and post cards 1s. 8d.—I received 5s.—among others I wrote to Mr. Herbert Lawrence of Moseley Road. Birmingham, in accordance with the form supplied me, believing at the time that the business was genuine.
Cross-examined. I did not believe I should get my 10s. 6d. back if I did not like the pen—I believed the pen to be right, and that I should get 25s. a week—I made the mistake of putting the word "not" in one of my letters—the blue form I refer to is a County Court final notice, I believe—it is not issued by the County Court—the idea in sending it is to save writing a letter, not to deceive—my master keeps a book of these forms.
HARRY BOTTING . I am a clerk; I was living at 9, Freke Street, Lavender Hill, at the time I entered into correspondence with the Parker Pen Company—about November 29th I received the circular and other papers produced, and wrote to the Company for a pen, and applied for the position of correspondent, sending cheque for 10s. 6d. on December 1st—from reading the circular I believed I should be employed for three weeks at least, at 25s. a week—I received this agreement signed by the "Parker Pen Company," and witnessed by "E. Spicer," 195, Oxford Street, all in the same writing—I carried out the terms by writing ten letters a day, and daily sending a post card to the Company—On December 15th I called at the office of the Company—I did not recognise it by the picture, I
found it by the number—I saw a Mr. Dixon, the prisoner's brother, in the lower shop, which appeared to be a receiving office for advertisements, and at the back was a counter, and there were pens, typewriters, and other articles for sale—he told me to go upstairs—I went up—a young woman brought out a young fellow, neither of the prisoners—I asked why they had not sent the 25s. money due to me, and gave him my name and number—he seemed surprised, and went to the back of the shop, spoke to somebody, and then came back and said he was very sorry my account had been overlooked, but that the money would be sent to me that night without fail by cheque—the next morning I received a cheque for 5s., and a statement that my salary and expenses did not commence till the end of the first week, and became payable at the end of the second week, but as some orders had been received from my work they sent cheque for 5s.—till then I thought I should be paid at the end of the first week from reading the advertisements—I completed two weeks and exhausted my circulars, but before quite doing so asked the Company if they were going to send any more—I asked for cash, and for circulars as secondary—I was prepared to continue the work if I got paid—I got the pro rata circular, and replied on December 20th that I could not find anything in the original agreement to sanction it—I got the reply of December 23rd that they were behind in their work, that my work would be suspended for the Christmas holidays from December 24th to December 30th, and a post card to that effect—I got no more circulars, and could not go on if I wanted—I went to 195, Oxford Street, and saw a young man, who told me the money would be sent on—I waited a week, and called again—I saw a young woman, who directed me upstairs, where I saw ladies working—one who looked like the chief asked me my number—I told her—she looked at a book, and said, "Oh, it will be sent to you as soon as possible"—I told her that if it was not sent on the same night I should have to take further action—I did not get it—I spent 10s. 6d. for the pen, for postage for two weeks 10s., for a packet of post cards and envelopes and paper 1s. 8d., and did two weeks' work, and got 5s.—I called at Scotland Yard, put the matter before the police, and they took charge of the documents.
Cross-examined. I also got a pen—I believed that if I was not satisfied with the pen I should get my 10s. 6d. back—I am employed a few minutes' walk from 193 and 195, Oxford Street—I received the form of letter to copy, but the letter I had to copy differed—they all offered employment to somebody who would write ten exact copies—I did not look upon it with the idea of advertising the Parker pen, but as a means of earning money—I realised that the object was to sell the pen—then I got the pro rata circular to pay by results—the cheque for 5s. was cashed.
HERBERT JOSEPH LAWRENCE . I am a clerk, of 249, Moseley Road, Birmingham—about November 27 I received a letter from a Mr. Tompkins offering employment by the Parker Pen Company—I looked at the circular enclosed, and filled up the application form on December 1st, and sent a postal order for 10s. 6d., believing I was to earn 20s. a week and 5s. expenses for at least three weeks—I got the pen and some circulars, and an agreement signed by the Parker Pen Company, and witnessed by "Spicer"
in about the same writing—the following Monday, December 8th, I started to write ten letters a day from the copy, and to send a daily postcard to the Company and the addresses where I sent the letters—I worked three weeks—at the end of the fortnight I wrote for more circulars, and for one week's salary, 20s., and expenses—I received this letter from the Company at 193, 195, Oxford Street, enclosing 5s. for one week's expenses, and remuneration for six pens sold, and underneath, "Of course, according to agreement the remuneration and expenses do not commence till the end of the first week, and become payable till the end of the second week, but as your post cards have come in regularly, we are glad to send you enclosed cheque including expenses for the first week," stating that it was on the pro rata basis of £1 a week for six pens sold—I did not know then about the pro rata circular, and replied asking for £1 5s. for my second week's work and expenses—I got nothing more—I sent 10s. 6d. for the pen, spent 10s. on stamps, and another 1s. 6d. for post cards and stationery—I am seventeen years old.
WALTER JOHN THOMAS . I live at Bushy Park, Bristol—I am an apprentice to the timber trade—about the end of November I received a written letter referring to employment as special correspondent of the Parker Pen Company—it enclosed a circular, and a form of application for employment—I signed the application and sent it to the Company on December 15th, remitting 10s. 6d. for a pen which I did not want, except for the employment—from carefully reading the circular I believed I should receive £1 a week remuneration and 5s. a week expenses for thirteen weeks—if I had not believed that I would not have sent my 10s. 6d.—I received this acknowledgment and the pen, and circulars for twelve days—on December 10th I received the pro rata circular, which varied the conditions to, "We reserve the right to verify any names and addresses you may send us and to cancel our agreement whenever we find you violating any of its conditions, or to pay on the basis of £1 per week plus 5s. for expenses for six pens sold, or at the end of the third week should insufficient business result from your efforts"—my agreement was without reference to any pro rata payment—I started work on December 30th after receiving the post card relating to the Christmas holidays—I continued writing ten letters a day for two weeks—I applied for my remuneration at the end of the first' week, and getting no answer on January 7th I wrote this letter, "I am disappointed at not receiving my wages," and that I relied on a remittance by to-morrow at latest, and again on January 20th, threatening to expose them, but got no reply—the letter of January 23rd is my father's, asking for £210s. and expenses and threatening the County Court and Scotland Yard—on the back is a pencil copy of my letter to them of January 12th—I spent 10s. 6d. for the pen. 10s. in postage stamps, and 6d. for post cards and 6s. 6d. for a three months' supply of stationary—I got nothing.
Cross-examined. McPherson called when I was out: I afterwards saw him and became a witness—what I wrote was true, that "the pen is all that one could desire, and I am very pleased with it"—I had had it then a fortnight.
Re-examined. My father communicated with Scotland Yard before McPherson came.
ALICE PERCY . I am a widow—I am housekeeper at 13, Abinger Road, Deptford—on December 29th I was living at Poplar Walk Road, Herne Hill—in November my friend Mrs. Clements, a widow, mentioned the Parker fountain pen to me, and I was shown a written letter—about December 1st I received from her a Parker pen circular and a letter in her writing, like this one, offering employment at £1 a week and 5s. expenses—I applied to the Company and signed the agreement, which Mrs. Clements witnessed—I enclosed a postal order for 10s. 6d. for the pen, believing the statements in the letter and the circular that if I wrote ten letters a day and sent a post card every night as to the letters written I should get £1 a week and 5s. expenses, and because I wanted the pen for the employment—I understood the pay was to commence from the first week—the signed agreement I received from the Company is witnessed by "G. Spicer," in the same writing—I also received circulars to enclose in my letters, and addresses cut from a directory, to write to—I wrote and despatched ten letters every day and a post card every night to the firm for a fortnight—at the end of the fortnight I wrote to the firm, because Mrs. Clements had shown me a new printed form of letter—I asked for remuneration for what I had done—I received in reply the pro rata circular about December 20th—on December 24th I went with Mrs. Clements to the Company's office—we went into the shop on the ground floor of 195, Oxford Street, and Mrs. Clements asked for the Parker Fountain Pen Company—we were told to go upstairs—we saw another gentleman who said we could wait there or go up higher—we went up higher and saw some young ladies sorting post cards—Mrs. Clements again asked for the Parker Pen Company—after a conversation with Miss O'Rearden, Mrs. Clements got 25s.—I said, "Have you not something for me?" and that I had worked a fortnight—she said they were behind in sorting the cards, but she would give me a cheque for 5s. and would settle in a day or two—she gave me a cheque for 5s., which I cashed downstairs—when I got home I received a letter stating that they were looking into the matter—on January 15th I wrote for a further remittance and circulars, and to know whether I should use the old form of letter—my letter was returned with the words on the back, "Utilise old letters until you receive fresh supply of new circulars"—I had then moved to Deptford—I did not write more letters after the fortnight—I received this printed form of January 16th forwarding 5s. and a notice of removal to 12 and 13, Noel Street, London, W., pasted on it—a penny stamp was on the cheque, which I cashed—I wrote on January 20th for £2 more for two week's, writing, according to agreement, ten letters a day and a post card—I got no reply—I received two sums of 5s.—the stamps cost me 10s. in addition to paying for the pen and other expenses.
Cross-examined. I received the notice of February 9th that criminal proceedings had been taken against the prisoners.
SUSAN EDWARDS . I am the wife of George Frederick Edwards, of 271, Essex Road, N.—I received the Parker Pen letter and circular and filled up the application form for the post of special correspondent at home—I sent
it to the Company with 10s. 6d. for a fountain pen—I received the reply of December 2nd about a week after that date with the pen, the signed agreement, and sufficient circulars for a week's correspondence, also a list of names and a No. "15"—I lost the agreement, but it was like the one produced—I did the work and paid for the postage of the letters for three weeks, having received more circulars—according to a postcard I received, the Christmas holidays ended on December 30th; then I received the circular altering the terms of employment to so much a week for six pens sold instead of so much a week—I wrote to the Company after a fortnight's work, a letter of which I kept this copy, expressing my surprise at the alteration, and asking for my remuneration—I got no further reply—I sent out circulars up to the week ending January 5th—I issued a County Court summons—I gave evidence at Bow Street about February 11th—I was paid £3 in the Westminster County Court—it was not the full amount due, but I was glad of the settlement—15s. was due for postage, and there were costs—I had no use for the pen apart from the employment offered.
Cross-examined. My husband did the County Court business—I think I claimed about £4—I satisfied you at the Court that the letters had been sent out—I had no County Court fee to pay—I have the pen—my husband has sufficient to maintain the home.
Re-examined. My husband is a silversmith in business for himself.
ROBERT JAMES REID . I am an assistant jeweller, of Bristol—I received a letter offering employment, and in answer to my application I received an agreement and list of names—I received the pro rata circular in December, to which I replied, repudiating the attempt to alter the terms as my original contract was binding—I received a reply stating, "We are going into the matter"—I received the printed Christmas card about the holidays—I did two weeks' work ending on December 24th—I received this cheque for 5s. after writing twice for expenses and remuneration of £1 a week for six pens sold—I wrote this letter of January 8th claiming two weeks' work, and stating that I did so on advice that the contract was binding—I received nothing more—I spent £10s. 6d. on the pen and postage—I communicated with a newspaper which was taking up this matter.
Cross-examined. I wrote to The Clarion, a socialistic neswpaper—I am single—my income is sufficient to maintain me—I took this up as a little extra work—I exhausted my circulars.
Re-examined. I took no County Court proceedings.
FREDERICK LOCK . I am a foreman market gardener at Riseley, Middlesex—I received documents and applied for the appointment, sending 10s. 6d. for the pen—my contract is dated December 4th—I did the work for about five weeks—I received a cheque for 5s. dated December 17th, and one dated January 3rd for 6s. 8d. on the basis of having sold two pens, and 5s. expenses—16s. 8d. was all I received—I spent 15s. on postage stamps—I wrote the Company this letter of January 14th and registered it, stating that a friend had seen a report, and advised me to throw up the correspondence because he thought it was a fraud: that I would do no more, and that if they did not send me the money I was entitled to I should put the matter in the hands of a solicitor—I communicated with the police at Scotland Yard.
Cross-examined. I received three batches of circulars—I sold the pen for half-a-crown.
ELIZABETH DAWSON . I live with my husband, Mr. Percy Dawson, at 2, Latimer Road, Forest Gate—I received the papers and signed my application for appointment as a correspondent "October 3rd" in mistake for December 3rd—I received a pen for the 10s. 6d. I sent, and commenced writing ten letters a day on the terms of 20s. a week and 5s. expenses—I would not have sent the 10s. 6d. apart from the employment—I received the pro rata circular—the post mark is December 24th—after waiting nine days I applied for payment—I received nothing—I observed that the words "on the terms mentioned" had been added to the letter which were not in my original letter—I wrote the Company the letter of December 27th stating that I had received no money, and that I had heard that another correspondent had sent money and received no pen—I asked for more circulars—I received a reply that they would look into the matter, and another that no orders had been received from my work, also a notice of removal to 12 and 13, Noel Street—I said that I had faithfully performed my part of the agreement and expected them to perform theirs, and that I had their agreement to pay me 20s. a week and 5s. expenses, and would accept no other terms—I had no reply—on January 14th my husband visited London—when he came back he told me the result—on January 16th I went to 195, Oxford Street—I went into the shop on the ground floor—I saw Mr. John Dixon, the brother—I said, "Can I see the mnager of the Parker Pen Company?"—he said, "I suppose you come about correspondence?"—I said "Yes"—he said, "The Parker Pen Company have moved from here now, but they have left the address," and he gave me 12 and 13, Noel Street, on a slip similar to this printed slip—I went there—I saw three lady clerks—I said to one who appeared to be the head one, "I have called for my salary and expenses for two weeks' work; two days ago you promised to send a cheque the same night"—I gave my name and number and mentioned my husband's visit—she said, "Yes, I remember a gentleman coming very well; have not you received the money?"—I said, "No"—then some cards were looked up—she said she could not find the card, or she concluded it had gone round, and they no doubt had the matter in hand, and that she would see that it came the same night—I said it was of no consequence to me what the results had been, I had done my work faithfully and they promised to pay me, and I expected payment in accordance with the agreement—she said, "Well, you had better drop the work"—I said, "That I mean to do, but for the work already done I expect payment"—the same night I received this printed form for 5s., a week's expenses, and 3s. 4d. for the sale of one pen—thereupon I wrote the letter of January 17th, that I considered it an insult and demanded 30s. or £11s. 8d. more—I received no reply—I paid 10s. 6d. for the pen, 10s". for postage, and 2s. for post cards and stationery, and all I received was 8s. 4d. after my own and my husband's visits.
Cross-examined. I said I would take legal advice—I took no proceedings—I sent Mr. Coleman a letter—he wrote saying he had not received a pen—I have heard from McPherson that he has received it—my husband is a
commercial clerk—I am not so sure that he is able to maintain me in my home without some addition of this kind—the pen is all right, but apart from the employment I can do without it—I saw a card like this at Noel Street—(One of a cabinet of yellow cards used to check the receipt of post cards, the sending of the pens, and other correspondence.)—I was at Noel Street the best part of an hour—I saw two ladies working at a table—a boy was sent to look for the card in another part of the room on the same floor, but there was a partition—the cards had dates on them like this—I I applied for circulars twice—I applied after having written for remuneration—they did not send further circulars—I did a fortnight's work.
HENRY JOHN TURNER . I am a clerk residing at Kennington—I worked for the Parker Pen Company in accordance with their circular and contract for three weeks at £1 a week and 5s. expenses in December—on December 23rd I went to 195, Oxford Street—I went through the shop to the first floor, where I saw Thomas Dixon—I asked him, "Am I to work on the new agreement?" that being different to the one I had signed, which was that I was to be paid on the number of pens sold—he said, "If you bind me to the first agreement I shall have to stick to it"—I said, "Very well, I will work on the first system"—he said, "Very well"—I stopped work after three weeks—I worked on for sixteen or seventeen more days after the interview—after my first week's work I went to the office again—I asked a young lady for a cheque and gave her particulars—she referred me to the top floor, where I saw the manageress—I told her I had come for a cheque for 25s., and gave her my name and number—she said she would send the cheque on, and that they were busy, or something; that owing to great pressure of work they had got rather behind, but would send a cheque that night—I continued writing—I never had the cheque—I went there a third time about January 9—I saw Black on the third floor—I gave him my name and number, and told him I had come for a cheque for work I had done for the Parker Pen Company, £215s.—he called the manageress down and asked her to draw a cheque for 15s. on account, which she did, and said to a boy, "Take it to Mr. Dixon and get it signed"—the boy took the cheque away—I asked Black to send the balance, £2, that night—he said he would, and said, "Will you wait in the passage, and the boy will give you the cheque"—I waited there, and saw Dixon on the first floor—the boy went into Black's office—Black came out and paid me 15s. out of his purse from his pocket—I asked Black if I was to go on with the work the following day—he said no, I was to stop—I afterwards wrote to Mr. Dixon for payment—I received no reply—I telephoned, and recognised Black's voice in the answer distinctly—that was after I had ceased to work—I asked him why I did not receive my cheque for £2—he said I was not entitled to any more money because I was working on the first system—I asked him afterwards to explain it to me, as under the first system I was entitled to £1 a week besides 5s. a week—he said, "We have sent you on a letter explaining it"—I said I had not received it—he said that I should not get any more—I said I should place the matter in the hands of the police—I went to 12 and Noel Noel Street, and asked for Mr. Black—I saw, the manageress who had been pointed out as Miss O'Rearden—she
said he was out, and asked me to leave particulars of my claim—she wrote my name and number on this bit of paper and asked me to take it to Dixon or Black—she said she had no power over cheques—I kept it—on January 30th I wrote this letter to Dixon, that I had called and written several letters for my money, and that unless I was paid within three days I should issue a summons—I signed the letter after someone had typed it—I said I should address a letter to his private house at Stroud Green—I got that address from a friend—I received this reply upon the paper of Thomas Dixon's advertising offices, 193 and 195, Oxford Street, that the Parker Pen Company had removed to 12 and 13, Noel Street—I replied by this letter of February 2nd that on the 4th I should issue a summons, adding, "I am given to understand you are already being summoned at Blackpool"—I received this reply of February 3rd "I have yours of 2nd inst., and note various remarks. As I have previously stated, I have eliminated my connection with the Parker Pen Company altogether; if you have any claim you can apply to them direct"—that is the last I heard—I expended 25s. 6d. in postage stamps and for a pen, and had some other expenses.
Cross-examined. My visit to Oxford Street was to find out the meaning of the new agreement—I worked under the old one—I am a "clerk in Piccadilly, near Dixon's place—I got a casual friend to write and I signed the letter to Dixon, because I thought it would frighten him, and I might get money out of him—I did not threaten Dixon with the police except on the telephone—I asked for Black, who answered and said that he was Black.
FRANCIS JAMES BURGESS . I am a clerk at the Bristol Post Office—I received a circular in December, and in consequence of seeing something in the Morning Leader about the Trafalgar Novelty Company, I wrote to the Parker Pen Company this letter of December 14th, making inquiries, and received this reply, stating, "You will find we shall act up to agreement; it is best to say nothing"—I then went on writing my ten letters a day for about a fortnight and three days—I got 5s., but no remuneration.
CARRIE JOHNS . I live with my parents at 58, Carminia Road, Tooting—I entered into this scheme—my application is dated December 23, 1902—these documents show my signature and that of the Parker Pen Company, in accordance with which I sent the Company 10s. 6d., received a pen, and wrote ten letters a day for a fortnight and a day—I wrote for my remuneration, and received this reply, that on turning up the records only post cards for one week had been received, and some were missing, and that the remuneration became payable at the end of the second week's work—I had sent post cards day by day—their letter did not state which were missing—in January I consulted my father, and wrote this post card of January 27th, 1903, giving him authority to receive the amount due to me—he went to the Oxford Street office—this writing on the card is not mine, "This man has just been up here and made an awful noise, he says he will take out a warrant for the arrest of the whole Parker Pen Company if he does not receive bal. as enclosed to-night"—(This card was found by the police.)—I received two cheques for 5s.—I handed them to the police—I received this letter of 27th January stating that my
agreement was on the pro rata terms, and as there had been no result, only my expenses were due.
JAMES JOHNS . I am the father of the last witness—she spoke to me, and I went to the Oxford Street premises of the Parker Pen Company—I said to the person I saw, "Is this the office of the Parker Pen Company?"—he said, "It was, but they have removed now to Noel Street"—he took this slip of paper off the chimney piece and handed it to me, "12 and 13, Noel Street"—he said, "Have you come to see them about anything due by them?"—I said, "I have come to make enquiries about the matter of their having repudiated a claim for work done by my daughter"—he said, "They are ail right"—I went to Noel Street, and saw a lady I now know as Miss O'Rearden—I told her I had come to make inquiries about my daughter's money—I had already sent a registered letter of January 30th—she said it would be all right, she would send a cheque for the amount that night—the next morning a cheque for 5s. came—the next day I went there again—I asked Miss O'Rearden why she told me a lie—she said there was no one in the office to sign the cheque—I said, "If that is the case I shall go and inform the police"—she said, "You can do what you like, the Parker Pen Company have done nothing criminal, the only action you have against them is a civil action," or words to that effect—I received another cheque for 5s. the following morning—both cheques were handed to the police.
Cross-examined. I had received no reply to my registered letter—she did not explain why I did not—I told her I wanted the money.
ROSE BAILEY . I live at 242, Wharncliffe Gardens, St. John's Wood—on November 26th, in consequence of seeing an advertisement, I went to 195, Oxford Street, for a situation—after a conversation with a Mr. William Dixon I was engaged as a lady clerk at 6s. a week—my hours were to be from 9 till 6 and on Saturdays 9 till 2—he took me upstairs and introduced me to Miss O'Rearden—two or three ladies were in the room, and a boy—they were writing and checking off post cards—I commenced there and then by opening letters for Miss O'Rearden—generally they were applications to become special correspondents—the second day I saw Mr. Thomas Dixon, and after a time I saw Black in an office by himself at 195, Oxford Street—matters of difficulty, were referred to Mr. Thomas Dixon—I am not certain what Mr. Black did, he was in his office every day—I do not know that he had anything to do with the Parker Pen Company at first, only when the staff moved to Noel Street—other businesses were carried on, advertising agencies, I think—my second duties were to check off post cards which contained ten names and addresses a day from correspondents, on to yellow cards like this one produced—a separate card was kept for each correspondent;—I put a tick on the yellow card opposite the date to show that each post card contained ten addresses to which letters were to have been sent according to agreement—I continued to work alone about a week, checking about 100 post cards a day or more—at the end of the week Mr. Thomas Dixon asked me to fill in the printed agreements which went out to the applicants—I put in the details and the signature, "The Parker Pen Company," and witnessed it in my own
name—I continued to do that for a week or a fortnight—then two other young ladies named Spicer and Dibsdall came to help me because there was more than I could do—they filled up the agreements in the same way—Mr. Thomas Dixon and Miss O'Rearden told me to do that—I filled up 200 to 300 papers a day—four things we had to do: to fill in brown wrappers sixty-five pens and circulars, and the letters, and the yellow cards—I filled in about sixty agreements a day—I addressed the pens to the same people the circulars went to and the acknowledgments of the receipts of 10s. 6d.—I also addressed the post cards for the Christmas holidays—I saw letters come with amounts of 10s. 6d. in them—those were taken to miss O'Rearden at once—on the Saturday after Christmas Miss Dibsdall, Miss Burgess, and I went to Noel Street—I did not send out, but I saw letters like this (The circular enclosing 5s. and stating that payment did not commence till the end of the second week.)—mostly Miss O'Rearden and Miss Nidd attended to that and to these (Forms stating "No orders whatever have been received from your work") were in piles—on December 27th Mr. Thomas Dixon asked me if I would go round to Noel Street and supervise the work, as it was rather in a muddle—about eight or nine ladies were employed there—with those who went round with me from 193, Oxford. Street, there were twenty-three in all—there was a man, Mr. Jacobs, and two boys—a boy brought letters round from 193, Oxford Street—we had one large room on the second floor—Miss O'Rearden occupied a room on the same floor—about January 10th or 12th* the work fell off—some ladies left—about a week before January 31st I was told I was not wanted any more—the number had dwindled down to about four ladies—I told Mr. Thomas Dixon I required a week's pay or a week's notice—I considered he was my employer—he paid me—sometimes Miss O'Rearden paid—he agreed to my week's notice—he did not come round to Noel Street after Miss O'Rearden came—the last week I examined the post cards, about the ten letters a day—that was all there was to do—I left on January 31st—people came to Noel Street about their money—Miss O'Rearden saw them—sometimes six to a dozen in a day would come—some were noisy—then Mr. Black was fetched from 195, Oxford Street—when he could not quiet them the police were fetched—Black only fetched one policeman—that went on at Noel Street up to January 31st—people came and complained the whole time Miss O'Rearden was there—it was during the last fortnight that Mr. Black was fetched—up to the time Miss O'Rearden came Mr. Thomas Dixon used to come—no members of the public used to come then.
Cross-examined. About half a dozen were employed at Oxford Street—the number increased to fifteen—the place became too small—my salary was increased—the most I received in one week with overtime was 23s. 8d.—there was no complaint about my work—a faithful record was made of all transactions so far as I could see—when applications for the post of correspondent were refused the persons were asked if they would have the pen—the money was returned when the agreement stopped and when the pen was not sent—we traced each case from the yellow cards which were kept in the cabinet of drawers which is in Court—it was after Christmas
when the applications for the post of correspondent began to fall off—in one or two cases after the agreements were stopped the person writing for the post of correspondent accepted the pen, but I had nothing to do with that—I do not complain of Mr. Dixon—I always had my money promptly—the other ladies had the same salary as myself—even when the staff was twenty-three there was difficulty in getting the work done—a week or two before Christmas we ran short of pens—we could not keep pace with the applications for appointments—there was no attempt to disguise the writing in the agreements—I know of no case where one person was asked to write "The Parker Pen Company" and another to witness it—Jacobs was the packer, he sent off the circulars and the pens—the boy assisted Jacobs.
Re-examined. When I found the other ladies were getting 10s. 6d. I asked for the same—we worked sometimes till 10.45 p.m.—my average earnings were 17s.—overtime was paid for at 5d. an hour—Mr. Black came to Noel Street sometimes twice a day and sometimes not at all—he was there at times before Miss O'Rearden came—this is one of the forms that were sent out in January when the appointments were discontinued—(This stated that, owing to exception having been taken by a large section of the Press, and the general public, which had militated against the success of the scheme the Parker Pen Company awaited the applicant's confirmation as to sending the pen.)—I had nothing to do with sending those out, but I saw them in the office—this form regretting that the applicant did not wish to start the correspondence and enclosing cheque for 9s. 9d., being 10s. 6d. less postage, I never saw—the packer had to do with the postage—it was 4d. or 5d. besides the postage of the circulars—it would come to about 9d. altogether.
KATE NIDD . I live at 6, Bishop's Road, Bayswater—about November 24th in consequence of answering an advertisement, I went to 195, Oxford Street, where Mr. Thomas Dixon engaged me as a lady clerk at 10s. 6d. a week—my hours were to be from nine to six, the same as the other ladies—I was taken to a room upstairs and first of all set to check post cards and tick the yellow cards—after doing: that a week I had to make out cheques which were printed forms and torn from books like these produced mostly for 5s., some for 25s.—Miss O'Rearden showed me how to make them out—Mr. Thomas Dixon signed them—after a time I filled up and signed agreements as other ladies did—I went the Saturday after Christmas to Noel Street—on January 16th Miss Bailey brought me this letter (Enclosing a cheque for a weeks work, and stating that the witness's services were no longer required.)—Miss O'Reardon wrote that—on one occasion, about a fortnight before Christmas and while at Oxford Street, Mr. Dixon said to me, "I will not sign any more cheques until I see how I stand, as it is all paying out and no money coming in"—after that I made out a good few 5s. cheques and Mr. Dixon signed them—that was when people wrote—when threatening letters came we sent 25s.—two or three dozen letters came—I saw Mr. Black at Oxford Street, but I was never in his office, which was on the ground floor—I saw no other business except that of the Parker Pen Company at Noel Street.
Cross-examined. About a fortnight before leaving I left off making out cheques—I did not make them out after Christmas—I think I left off about December 10th—I made out cheques for 10s. 6d. when money was being refunded to people who did not want the pen—I knew there were threatening letters, because Miss O'Reardon would so refer to them.
Re-examined. I saw one letter in reply to which a 25s. cheque was sent, which said that unless the Company paid, the matter would be put into a solicitor's hands—at Noel Street there was a big room in which about twenty-three ladies worked, and Miss O'Rearden had a part partitioned off.
AUSTIN SUDDICK . I am a director of the firm of Goodall and Suddick, Limited, stationers and printers, Cookridge Street, Leeds—I have done printing work for Mr. Thomas Dixon for five or six years—about October 11th I received this letter from him asking me to quote price for printing 20,000 four-page letters as per specimen enclosed, with as little delay as possible—the copy was altered from the original circular of the Trafalgar Novelty Company, of Trafalgar Buildings, Charing Cross, W.C. (Produced)—I gave an estimate of £13 10s. for the 20,000—I sent a proof, which was returned with the necessary corrections—I supplied the 20,000 copies in October last year, the order having been received on 18th—between October 27th and January 14th I supplied Mr. Dixon with 1,498,650 circulars similar to these produced—we never put our imprint on Mr. Dixon's work, because he is an advertising agent—Mr. Dixon puts his own imprint—I also executed orders for other work, including the altered pro rata circular—I believe those were sent off on December 18th, the day after we got the order—the manuscript is Dixon's writing—I have corresponded with him for some years—I believe 6,000 were ordered—the final form of circular contained the clause "We reserve the right to verify any names and addresses you may send us, and to cancel our agreement whenever we find you violating any of its conditions, at the end of three weeks, or should insufficient business result from your efforts, and to pay on the pro rata basis of £1 a week, plus 5s. expenses for six pens sold"—that differs from the old form offering" immediate employment as special correspondent at home for a period of three months at a remuneration of 20s. per week, and 5s. per week for expenses," the words relating to pro rata payment being added—a similar alteration is made in the specimen letter—I have several times called on Mr. Dixon in London—I have seen Mr. Black there, during the past twelve months—I have conversed with him about the ordinary advertising business, and with Mr. Dixon on the Parker Pen business only about the printing two or three times last year—he gave me instructions about the printing—every time I was in the town I called on Mr. Dixon, which was eight or nine times a year.
Cross-examined. Our accounts with Dixon have averaged about £500 a year probably—the pictures of the American and British offices are from blocks Dixon sent us—his business transactions with us have been honourable and respectable—his business as an advertising agent is going on at 193 and 105, Oxford Street, still.
Re-examined. I did not print the Trafalgar Novelty circular, nor that of Professor Williams' and others you produce—the first I saw of the
Trafalgar Novelty circular was when it was sent, altered, as copy for the Parker Pen Company.
HAROLD ROBERT ADAMS . I was assistant to Messrs. Talbot and Company, auctioneers, of Regent Street in December last—I received this letter from Thomas Dixon, of 193, 195, Oxford Street, of December 3rd, 1902 (Enquiring for near warehouse accommodation.), and this letter of December 6th (Stating that the matter was urgent.)—upon the receipt of the second letter I called at 195, Oxford Street—I gave Thomas Dixon an order to view 12, Noel Street, and 15, Bateman Street—the letter of December 15th was written in our office and signed by Dixon agreeing to rent the second floor of 12, Noel Street at £70 per annum, from Christmas—an agreement was drawn up embodying those terms, signed by Dixon only and witnessed by me.
Cross-examined. Our firm had known Dixon for years—they had been our advertising agents.
ALFRED DEACON (Detective Officer Y.) I am a photographer as well as an officer—I took these photographs of the premises 193 and 195, Oxford Street, on Sunday morning, February 15th, when there was no traffic to blur the pictures—the premises are not recognisable as those printed on the circulars.
EDWARD DREW (Detective Inspector.) On February 5th I received a warrant at Bow Street for the arrest of Thomas and John Dixon and the prisoner Black—at 5 p.m. that day I went with Sergeant McPherson to 195, Oxford Street—I saw Thomas and John Dixon together there—I told them I was a police officer and held a warrant for their arrest—I read it to them—Botting's, Edward's, and Thornbury's names are given—it is signed by Sir R. Rutzen—Thomas Dixon said, "I am simply an advertising agent for the Parker Pen Company, who are an American firm, and we act as their London Agents, my brothers William and John simply assist me"—the two brothers were present—both made statements—John was subsequently discharged by the Magistrate—Black was not in at that time; we subsequently returned, and McPherson read the warrant to him—he said, "I am only a servant; I have been acting according to instructions; my first connection with the Parker Pen Company was about a month after the scheme started, and as for the books, etc., I know nothing about them, and what I have done was only as a servant to Thomas Dixon"—Black pointed out his office—I asked him to produce any papers or books he might have there in connection with the business of the Parker Pen Company, as they were carrying on other business—Sergeant McPherson took possession of them when he produced them from the office he was in, and in a different part of the building from that where the office of Thomas Dixon was—Thomas Dixon also produced papers which he said belonged to the Parker Pen Company, which were taken possession of—we afterwards went to Noel Street—there we found very extensive premises occupied as an office—three girls were employed there—the documents connected with the Parker Pen Company which are produced, are very bulky—before the arrest the police had received many complaints with regard to this business.
Cross-examined. I made general enquiries with other officers—Dixon had been in the same business near Great Marlborough Street as he now carries on—at the arrest Dixon said that he had given directions to the bank for his brother's signature to be honoured, as there was a great rush at the time.
JOHN MCPHERSON . I was present when Drew executed the warrant on February 5th—I went to Noel Street—I saw Miss O'Rearden and another young lady—then I went back to Oxford Street and arrested Black—I have heard what Drew has said; it is correct—I took possession of a great quantity of correspondence and documents generally at both places, including the cheque books and other papers, which have been produced—from a careful examination I find that roughly there were about 8,479 correspondents—the letter Turner spoke to and the correspondence produced with Mr. Parker, of New York, I believe were handed to Drew—there were also invoices showing large orders for pens, and receipts for $1,000 and other large amounts, showing that 4s. 2d. per pen was paid to the American Company by Dixon, who charged 5s. 2d. to the English Company, who sold the pen for 10s. 6d.—the books produced show that the business of Dixon and that of the Parker Pen Company were carried on separately—the type written document stating "that the appointments were discontinued in consequence of objections, was among the papers—there is also a register of correspondence and a cabinet of drawers containing yellow cards for reference—about 3,400 correspondents received something and 5,070 nothing—£5 is the maximum and 7d. is the minimum received—in the first 1,000 900 received payment and 100 did not; in the second 1,000 the proportion is 674 receiving to 325 not receiving; in the third 383 to 616; in the fourth 322 to 677; in the fifth 284 to 715; in the sixth 239 to 760; in the seventh 313 to 786; and in the eighth 139 to 860; and in the balance of the ninth 1,000, viz., 479; 253 received payment and 226 no payment—£5 was received in one case only; another received £4 5s.; eleven received £4—in the first 1,000 all but one were below £4—in the next 1,000 the most received was one of £3; in the third 1,000 the maximum received was £2 10s., all the others being under £2: in the fourth 1,000 the highest correspondent got £2, the others were under 30s.: in the fifth 1,000 the highest was £1 14s. 9d., the others being £1; in the sixth 1,000 two got £1 each, the others were under 16s. 8d.; in the seventh 1,000 the highest got £1 10s., the next £1, and the others under that; in the eighth 1,000 the highest received £l 7s., the next £1 5s., and the others 19s. 6d. and under—in the balance, 479, nine got £1 1s., the others 11s. 6d. or less—between November 1st, 1902, and February 5th. 1903, in sums of 10s. 6d., £4.482 was received, the amount paid to correspondents was £2,448—this is the cash book from which I get my figures—I did not calculate the wages, only he general expenses—there is a book for wages in addition to the record for correspondents.
Cross-examined. Taking the cash book, every shilling received from members of the public or disbursed in payments is shown—I had not been to carefully through the books when I gave my opinion at the police court that "Comparing the two sides of the cash book it appears that all the
monies paid in have been entered, and Dixon appears to have put monies into the business in addition to the correspondents' half-guineas"—I say now the whole amount was paid out in connection with working the affair—all that Dixon had in his office in connection with the Parker Pen Company was handed over to the police, but not in the other office—the names of the 8,000 odd correspondents are recorded in the cash book with few ecxeptions—these can be traced on the yellow cards with twenty or thirty exceptions—the whole history of each transaction is not on the cards; the returned sums are shown—I have not treated the whole 8,000 correspondents as having complied with all the conditions of their appointments because I had no opportunity of knowing that nor what proportion had done so, but the cards show many payments stopped for various reasons; some did not write on proper paper, and reasons are shown on the cards why the work was not gone on with, but I have no means of knowing what proportion of the 8,000 correspondents complied with the conditions to entitle them to receive payment—280 received back their 10s. 6d., 612 received 10s., but I cannot say whether the 10s. was after returning the pen or two sums of 5s. for expenses—my statement does not show that 349 had 10s. 6d. 636 10s., and 285 9s. 9d; mine is that 256 had 9s. 9d., 280 10s. 6d., and 612 12s.—I do not make any difference as to the time when the Company commenced to pay on the pro rata terms—there are about a dozen cheque books of the Union Bank in addition to the printed forms of the Royal British Bank for 5s. and 25s.—there must have been an enormous amount of labour in keeping the records—I cannot tell when these printed forms began—I believe Dixon kept an account at the Union Bank for many years—the printed forms were for the Parker pen business only—there are some earlier than January 16th—there are documents relating to the coupon system in selling the pens, but no letters as far back as 1899—the Parker pen is sold by well known stationers at 10s. 6d.—I found one or two receipts for payments made by Dixon to the representative of the Parker Pen Company. Mr. Otto F. Mack, beginning in April, 1902, and correspondence as to repairs, carriage charges, etc. as far back as July, 1902—in this letter to Mr. Parker of October 15th Dixon wrote, "I have every hope of this scheme being a great success. A very great deal will depend on the quality of the pen you send. Please see that each is fitted with the best gold nibs and latest feed"—I went to Dixon's premises a month or six weeks prior to the arrest, in consequence of complaints—I did not disclose my identity—all the premises are occupied by Dixon except that of the office of the Great Western Railway—I got some advertisements literature, but not a pen.
MR. GILL submitted that there was no evidence to go to the jury, and that Black was only a servant. MR. MUIR cited Reg. v. Cooper, 2 Q.B.D., p. 510. and Archibald, p. 565, and Reg. v. King, I Q.B.D., 1897, p. 214. THE COURT held that there was not sufficient evidence of conspiracy, but the case must go to jury on the counts for false pretences, but in Black's case there was not sufficient evidence to convict of either.
Dixon in his defence on oath, said that he started what he thought was a good scheme, with an honest intention to provide remunerative employment,
and by so doing to advertise and sell the pens on the assurance of Mr. Mack, whose notes he produced; that the scheme had worked well, and large profits had been made; that he altered the Novelty circular for copy because he thought it was a good plan to work upon, but that as a speculation it was impossible to calculate that the results would be what they had been, as he believed the assurance that only a small number of the purchasers of the pen would become correspondents, and only a few would fulfil the conditions so as to entitle them to payment, and that there were circulars returned from the Post Office in which no written letters had been sent as agreed; that the work of recording and checking was enormous, and the suspension during the Christmas holidays was to enable the staff to, overtake the arrears; that he was entitled to one week's work from the correspondents free, and that he so read the terms; that the alteration to the pro rata payments was fair to the correspondents, and afforded a more adequate means of checking the work done, and that he believed that it would help the scheme and sell the pen, but the old circulars were not sent out after the pro rata agreement was adopted; that Black was a clerk in the advertising department and had nothing to do with the Parker Pen Company beyond rendering him assistence after they had become overrun with work; and that the scheme had resulted in a loss to himself of nearly £1,000.
BLACK NOT GUILTY . The jury, not being able to agree to a verdict as to Dixon, were discharged.
OLD COURT.—Thursday, April 30th, and Friday and Saturday, May 1st and 2nd.
Before Mr. Justice Darling.
MR. ARNOLD Prosecuted.
EDWARD HENRY JARVIS . I am an auctioneer's porter, of 27, Pulford Street, Pimlico—I was employed at the Army and Navy Stores—I have been blind in one eye for three or four years—on Saturday night, March 28th, I heard quarrelling at my door—I looked out of the window and saw the prisoner—my landlady was there—I saw the prisoner striking at my wife, who was in the passage—I went downstairs, and said, "Oh, it is you, Mrs. McEvoy"—she said, Yes; your wife wants paying for the bedstead; I will very soon pay her, let her come outside"—I put my hands across the door and said, "You go home, Mrs. McEvoy, and see me on Monday when you are sober"—some other woman came up and said, "If you can't get at her, get at him"—the prisoner said to me, "You one-eyed old b----, if you interfere I will cut your other eye out," and she struck me—I did not notice if she had anything in her hand, but I am sure it was she who struck me—I fell back into my wife's arms and said, "My God, she has blinded me"—I could not see anything—when my wife saw that I was blinded she rushed out for a policeman—I went to Dr. Roach next day, and then I went to the hospital—I am an in-patient there now—the prisoner was arrested on the Wednesday.
Cross-examined by the prisoner. I did not throw you off the door step on to your head—I only put up my hands to bar you from coming into the passage—I did not hear my wife ask you for her account, or you say that you would give her some money as soon as your son sent you some money—my wife did not say to you, "How do you think I am going to pay my b----way if people do not pay me?"—I did not strike you, I only put my hands on you to keep you back—I did not see my wife rush across the road and strike you; I did not see her go out of the passage—I did not speak out of the window—I did not tell my wife to hit you—I did not call out, "Pay her"—she did not do so, and I did not then say, "Now give her another one for me"—she did not say, "I think I have given her enough, Bill"—she never calls me Bill, she calls me Ned.
LAVI AVERY (A 4). On April 1st I saw the prisoner in Pulford Street—I produced a warrant and arrested her—she said, "I did not do anything to him; I am innocent: I will go with you; I have heard that they say I stuck a hair pin into him, and that they found a large one on the doorstep on the Sunday morning; they hit me; I was passing quietly down the street when Mrs. Jarvis spoke to me; I did not do anything to them; I saw a lot of blood on the doorstep on the Sunday morning"—I took her to the station, and she was searched—a small vulcanite hair pin was found on her, but no ordinary one.
ADRIAN CADDY . I am house surgeon at the Royal Westminster Opthalmic Hospital—the prosecutor came to me on March 30th—he was suffering from a small punctured wound just on the right eye in the region known as the dangerous area—he was also suffering from a cataract, which might have been caused at the same time as the wound—he was admitted as an in-patient on April 2nd, and he is still an in-patient—he can-just distinguish light from darkness, which he has been able to do all along—a hair pin would cause such a wound—his left eye was injured years ago—he could just distinguish light from darkness with it—for getting about it is practically useless; it was caused from a similar sort of wound years ago—when at the police court I thought his chances of getting well were practically nil, but now I think he has a slight chance of getting his sight back again—he will only be able to distinguish large objects, such as knowing a door from a window—any sharp instrument such as a pin or neddle would cause the wound.
EMMA JARVIS . I am the prosecutor's wife—on Saturday, March 28th, I saw the prisoner in the evening—she spoke to me—we did not have a quarrel—my husband came downstairs and the prisoner said to him, "You one-eyed old----I will gouge your other eye out"—he staggered back and said. "My God, my God, she has done it"—as the prisoner said the words I saw her strike my husband—I do not know if she had anything in her hands—she and I had had a conversation about a payment, as she has owed me 3s. for some time—I have asked her twice for it—she said that directly her boy could get work she would pay me—I said, "Very well, if you cannot pay me all at once you can give it to me 6d. at a time"—when she came to my doorstep she said, "Mother Jarvis, you want 3s. for the Led"'—I said. "I can do with it"—she said, "I will b----well pay you,"
and she struck me on the arm—I had two small wounds there, and there is a slight mark there now—she hit me again: I thought it was with her nail—I gave her a hard push and pushed her off the doorstep—my husband came down and said, "What is this?"—I said, "Mrs. McEvoy has come to pay me"—he said, "Go away like a good woman," and then she struck him.
By the JURY. I did not threaten the prisoner when she refused to pay—she had been drinking, but she knew what she was doing.
Cross-examined. I did not know you had been ill—I am never drunk—I had not been out that day—I did not say to you, "How am I going to pay my----way if people don't pay me"—I did not rush across the road after you and my husband did not holloa out of the window—I did not tuck up my sleeves because they were up already—that mark on your face was caused by your husband on the Sunday morning with a pail, and you had to go to the hospital—I did not say to my husband about you, "I think I have given her enough"—you are never free from quarrelling—your language was most disgusting—my husband never spoke out of the window.
Re-examined. I only pushed the prisoner off the step once—I did not strike her, or see my husband do so.
By the prisoner. My husband did not come downstairs and push another woman off the doorstep, and then push you on to your head—he did not say he would come down and finish it.
SARAH WHITE . I am a widow and landlady of 27, Pulford Street, Pimlico—on Saturday, March 28th, about 11.30 p.m., I was in bed—I beard a noise outside, and swearing—I looked out of the window—I saw the prisoner and heard her swearing—I opened my room door and the prosecutor fell in the doorway—before that I heard the prisoner say, "You one-eyed old sod, I will gouge the other eye out"—I did not see her strike the prosecutor—next morning I was sweeping my doorstep, and I picked up this hair pin. (Produced.)
Cross-examined. I have never spoken to you in my life—I knew it was pour voice that I heard because I had seen you talking once before—there were not many people there at first—I did not find anything else on my doorstep—I saw some blood on the pavement—when I opened my door you were standing on the doorstep.
The prisoner's statement before the Magistrate. "I never done it, and did not use the expression. I have witnesses here."
The prisoner, in her defence on oath, said that the prosecutor's wife had truck her in the face; that the prosecutor came out and struck her (the prisoner) and threw her off the doorstep on to the ground; that he had some cords with the other women who were there; that he then went in and shut the door; that his eye was all right then; that she had not struck the prosecutor or sworn at him, and that she was not drunk.
Evidence for the Defence.
HENRY WARD . I am a labourer out of work—I last worked three months ago—I have been all over London to try and get work—I am Eighteen—on the Saturday night I was standing outside the mission house—I had been in there to the club—I saw the prisoner coming down the
street with her daughter—Mrs. Jarvis said, "There you are, then"—they stood talking for some minutes in a friendly way—Mrs. Jarvis screamed out and the prisoner went away—Mr. Jarvis went after her and struck her on the mouth—the prosecutor looked out of the window and said, "What is the matter?"—Mrs. Jarvis said, "This woman has called about the bedstead, and she is going to pay me"—he said, "Give her another one"—she said. "No, I think I have given her enough"—he said, "I will—soon come down and finish it"—he came down to the door—the prisoner walked back to the door—the prosecutor told her to come and see him when she was sober on the Monday morning—he pushed her down, and I and her son picked her up—somebody in the crowd abused Mrs. Jarvis, who made another rush at the prisoner, and her husband struggled with her in the passage—I saw Mrs. Woolman there, she rushed into the passage after Mrs. Jarvis—that was after she had struck the prisoner.
Cross-examined. I live in the same street as the prisoner—I have only seen her twice in about three weeks—I did not know her husband until he spoke to me—I only know the Jarvises by sight—the prisoner has three sons—there were about seventy people mixed up in this row—I did not see the prisoner strike the prosecutor—I saw Mrs. Jarvis strike the prisoner three times—I did not see the prosecutor strike the prisoner—I saw him push her down—he did not go out of the house at all—he did not go off the doorstep—he pushed the prisoner when he was on the step and told her to go away—I do not know if his eye was all right when I last saw him—the mission house is opposite the prosecutor's house—I was standing about five yards from his house—I have known the prisoner's sons about four months—they first came to the club where I belong—I have never been in trouble—I live at home with my mother—she goes to confinement places—she is not exactly a midwife—I am quite sure Mrs. Jarvis struck the prisoner throe times—I do not know if Mrs. Woolman struck the prosecutor or not—I do not know if Mrs. Jarvis used bad language or not—there were a lot of people there swearing—it is a very rough neighbourhood.
By the COURT. I did not know the prisoner's husband until he spoke to me and asked me to come and say what I saw—I helped to pick the prisoner up—she had not been drinking.
JAMES PATRICK MCEVOY . I am the prisoner's son—on this night I was in a shop opposite to where this occurred—Ward called me—I went across the road and saw Mrs. Jarvis strike my mother in the mouth and make it bleed—she then gave her another blow on the forehead—the prosecutor looked out of the window and asked what was the matter—Mrs. Jarvis said the prisoner had called about a bedstead—he told Mrs. Jarvis to give her another blow—she said. "I think I have given her enough now"—he said he would soon come down and finish it—he came down and tucked his sleeves up—he put his arm across the door—my mother could not get at him or strike him because he was too tall—she did not try to strike him—he put his arm across the door to prevent his wife from getting out—I took my mother home—the last I saw of the prosecutor and his wife was just before they shut their door—I did not
hear anybody say, "My God, she has done it"—I did not see anything done to the prosecutor—I cannot guess how he came to get the prick in his eye—Mrs. Woolman was there—she is not here to-day—I do not know what she is—I only know her by sight.
Cross-examined. I was twenty on October 11th—I have not known Ward long—I was twenty or thirty yards away when this row was going on—I tried to stop the prosecutor from hitting my mother—my father is a stableman—he is not doing much work now—he last had a permanent situation about a year ago—I am a groom at 9, Onslow Mews, South Kensington—this happened on Saturday night—I think my mother had been out to do some shopping—she was not "drunk—she had been laid up for two weeks, and had only been up for a week—she does not drink, she only has half a pint now and then—the Jarvises are not much class, from what I hear of them—I do not know much about Jarvis—it is his wife who is not much class—she is always in one pub or another and drinking very heavily—she had had a drop of drink on this night.
Re-examined. The prosecutor threw you off the doorstep—I do not know if he threw Mrs. Woolman off.
Evidence in Reply.
SARAH WHITE (Re-examined.) The Jarvises have lodged with me for about eighteen months—he is a very respectable and quiet man—now and then they have a few words—his wife does not drink very much—she has a few glasses sometimes—she had not been drinking that Saturday—she does not get drunk very often—on this night she had been indoors all the evening—just as I opened my room door the prosecutor fell back and said, "My God, she has done it"—there was a woman knocking at my door, and when I opened it she swore at me—the prisoner was standing on the pavement—it may have been Mrs. Woolman who swore at me—it was the prisoner's voice who said, "I will gouge his other eye out"—when that was said there were not many people there—I could see the prisoner from the window—my blind was not down—I looked through the window before I opened the door—I do not know Mrs. Woolman except by sight—I do not know if she lives opposite.
NOT GUILTY .
MR. MATHEWS and MR. LEESE prosecuted; MR. LEYCESTER and MR. MILLER appeared for Bernstein, MR. ELLIOTT and MR. GREEN for Goldman.
WILLIAM BARMASH . I am the son of Solomon Barmash, and am now undergoing a sentence of ten years' penal servitude in Lewes Gaol which was passed upon me in this Court in December upon my plea of guilty to a charge of forging and uttering Bank of England notes (See Vol. 137, page 208)—I was also convicted of forgery in 1893, and sentenced to twelve months' hard labour—my father was tried with me in 1893, and he pleaded guilty in December last to forging and uttering Bank of England notes—he committed suicide in prison in December—
I have known Hyman and Philip Bernstein sixteen or seventeen years—Philip has been resident in London most of that time—Hyman was away for about eleven years in Australia—he returned to this country about 1900, when I used to see him frequently—I saw a man named Mayer in Hyman's company—in June, 1901. I was living with my father at 25, Broad Lane, Tottenham—I was friendly with the Bernsteins—eventually I met a man called Johann Schmidt—Philip Bernstein had a jeweller's shop at 120, High Street, Whitechapel—it had not long been opened—I always thought it belonged to both the brothers—it was conducted as Bernstein and Co.—it was doing a bad business—we got talking about various things, and Philip Bernstein asked me if I could not look up "that forger"—he did not know his name—I said I would try and look him up, which I did—I saw Hyman at this time, but I would not swear whether he was present at that particular interview—he was no doubt present at others about this time, when the matter of the employment of Schmidt was discussed, and as to what should be done if I could find him, and if anything could be forged—that is all Schmidt could be employed for—it was not discussed what he should forge—I saw my father about it, and had some conversation with him, in the course of which Schmidt's name was mentioned—I was not present at any meeting between my father and Schmidt—I met Schmidt and had a conversation with him—I then went and saw the Bernsteins—I saw them both, and told them I had looked up Schmidt and had had a conversation with him, and that he had suggested to me that Bank of England notes would be the cheapest and easiest things to make—I said that Schmidt had mentioned £50 at the probable cost of making them—we discussed the matter, and they wanted to see a sample—I saw Schmidt again, and told him I should want a sample made—I gave him instructions to make a sample watermark of a fiver—Schmidt took that work in hand at our house, Broad Lane—he had a genuine £5 note to work from—Philip Bernstein gave me that—it took Schmidt about a week to make the sample, and when it was finished I went to the Bernsteins taking two samples of the watermarks of £5 notes—they both examined them and found something wrong with them—I do not remember what it was—it was some slight fault in the watermark—they did not consider the fault was so grave as to make the notes useless—it was easily repairable, and they were put on the fire in their room—I think it was next day that Hyman Bernstein came to me and brought four genuine £5 notes and pointed out what was wrong and what they wanted altered in the forgeries—I showed them to Schmidt and had a conversation with him—I do not think Schmidt worked on them—I think I handed them back to Bernstein—Schmidt had got his first genuine note all this time, but they brought me the four notes so as to show me that the sample was different to each of them—Schmidt had a plate of the samples he had produced—the Bernsteins objected to the work being carried on from the original £5 note, and I gave it back to them—no further samples were made then, but Schmidt was to give an estimate how much it would cost exactly to make so many pieces of £5 and £10 notes—I do not know how many pieces, but I know it was £12,000
or £13,000 face value—I gave the estimate on a slip of paper to the Bern-steins—they were living together in the same house—Philip is married—Hyman was single then—£50 was to be the cost, and Schmidt was to have 7 1/2 per cent. after the notes had been converted into money as well as 30s. a week—I was to have £2 a week to look after Schmidt and supervise the work—the Bernsteins wanted the work to be done in my place at Broad Lane, but I could not agree to that, and eventually it was agreed a house should be taken at the sea side—a house was taken at Southsea, and I arrived there with my family on July 1st, 1901—Schmidt went down, I think, in the same train—a room was set aside for him to work in.—before he went down he bought the plant and things he required—I think Philip Bernstein gave me £16 or £17—I gave the money to Schmidt, and he bought what he required—he showed me receipts which I showed to Bernstein—they were from different firms—Winstones, Penrose, Fox: I do not remember the others—Hyman Bernstein gave me a £5 note and a £10 note to take down to Southsea as samples—he said he had got them from the Bank of England in the name of White—before leaving London I saw the Bernsteins daily—Schmidt continued his work at Southsea—he reported to me from time to time—I reported to the Bernsteins by letter, which I always addressed to Bernstein and Co.—our expenses there amounted to £6 or £7 a week, which the Bernsteins found—at first the money was sent by Philip Bernstein by bank note, then by telegraph money order—at first he sent it from "Philip Bernstein," but then he said it was rather suspicious sending it to me,' and so he sent it as from Solomon Barmash—he had to write to me about that because I had to answer that question at the post office before I could get the money—Schmidt wanted different material, such as sandpaper, blotting-paper, and various pieces of wood, and some framework—when Schmidt wanted them I would write to the Bernsteins and they would send them down to me—on two occasions Schmidt went to London and made purchases himself—on one occasion he went for a special machine—on the other occasion for paper, I think, or for a holiday—when he told me he would require a machine I asked him for a drawing, which I sent to the Bernsteins—when it came it was in accordance with the drawing, but it was a complete failure—I returned it to the Bernsteins—a copying press was bought at Yardley's in Wormwood Street—two pieces of wood were also required for wedges—no drawings of those were sent, only a description—they were forwarded—there was also a square flat piece of wood—Bernstein told me it was very expensive—it was not sufficiently level and was no good—the stay at Southsea lasted until August—about the beginning of August it was resolved to decrease the number of pieces—I do not think there was any resolve to increase the value—I have seen a framework like this (Produced) in Schmidt's hands—it is for stretching the paper—I saw these other pieces of wood (Produced) at Broad Lane—they are the waste which was cut from other pieces—later on some little wooden blocks were required for printing—there was a determination to make £50 notes—that was discussed between the Bernsteins and my father and communicated to me—I told Schmidt about it and gave him a
genuine £50 note—there were none forged then—he gave it back to me—it had been sent to me by the Bernsteins—Hyman had got it—I do not know which of them sent it to me—I was with Hyman when he got it—I had come up to London because Schmidt had said it would take a long time to make the notes if he did not have a machine—we then discussed the matter of the £50 notes—I was told it would be as well to have £50 notes—I asked for a sample, and Hyman told me to get it at the Bank of England in the name of White—he told me to get it in the same name as the £10 and £5 notes—it was sent down to Southsea to me because I did not care to take it with me—when Schmidt returned it to me I sent it back to Bernstein and Co.—when I was in London at that time I went with my father to Goldman's at. 35, Sandringham Road, Dalston—I stayed outside—my father went in—he stayed in there about an hour, joined me, had a conversation with me, and we then walked away—he showed me £75, £60 in notes and £15 in gold—it was on that visit that the £50 note was in the first instance given to me—my father paid the money he showed me into the Royal British Bank—he had no account then—I think he opened one with the £75—about a month afterwards I and my father and Goldman were at Bernstein's house—I showed Goldman samples of the forged £5, £10, and £50 notes—they were then complete with the exception of the numbers—he did not say much—he had a look at them and pointed out some of his faults—father said to him, "There you are, now you can see what you have given the money for," or "The money is good," or something of that sort—we discussed the disposal of the notes—I think my father suggested France—I suggested Egypt—nothing definite was spoken of—I suggested Egypt because I knew Goldman had been all round there, and I suggested it as a matter of policy more than anything else to see what he would say—you might call it a feeler—I wanted to know what his view would be—I do not remember what he said he did not say very much—my impression is that; he took the matter quite cool—subsequently there was a discussion between my father, Goldman, and myself as to what Goldman's payment should be—he wanted £400 for lending £200. which my father thought was too much—he thought sovereign for sovereign was enough—they left it to me to decide—I decided £400 was a reasonable figure, and that he should have 200 per cent.—he was to have £600 in all—£50 of the £75 was a payment towards the first £100, and the other £25 was a loan to father—Goldman was a bookmaker—the £25 was to be repaid by my father, the £50 was for the business—when I showed the samples to Goldman the printing in the centre of the notes was smudgy—we met at Bernstein's house, but they did not know that Goldman was seeing the notes—the arrangement with Goldman was that the Bernsteins were not to know that he was advancing money and that Bernsteins thought that Goldman did not know that they were in it—that is what they were all permitted to believe—that was kept up for some considerable time—Goldman was known as Phillie Michaels—when we met him at Bernstein's house we smuggled him upstairs without their knowledge, to one of their rooms, and showed him the samples—we got him down in the same way—we used
the private door—he was using the Bernstein's house for making a book—at the house there was also a man named Stern or Mayer—after Goldman had gone we showed the samples to both the Bernsteins—that was the first time they had seen a sample of a £50 note—they had not got to the printed stage then—the Bernsteins complained of their being dirty in the centre—I said I would see that it was remedied—Hyman took the notes downstairs while we were there—he afterwards confessed to me that he had shown them to Mayer—the samples were then put on the fire—I went back to Southsea, and the work was continued there—at the end of September the house there was no longer necessary, and we came back to London—I sent some things back to 25, Broad Lane—a copying-press was sent to the Bersteins—Schmidt returned about a week before me—on my return I found him at work at Broad Lane—he remained there for about three or four weeks, when it was decided that the work should be carried on at Mrs. Samuel's house at 82, Winchester Road—the water-marked paper was taken away from Broad Lane from time to time—sometimes Hyman, but mostly Philip Bernstein, came for it—it was packed up in a little parcel and marked with a number—it was not printed—I do not know why it was taken away—the amount taken was according to the amount Schmidt had done during the day—the notes were printed and numbered at Winchester Road, and bleached at Broad Lane—about 400 pieces were perfected in the end, about 100 fives and 100 tens and 200 fifties—a great many were spoiled, but those are all that were completed—the Bank stamp, which is on the one produced, was done by the Bernsteins and myself and my father the night before we left for America—we sat up all night—we made up the stamp ourselves—the notes are stamped London and Westminster, Hampstead Branch—the object was obvious—the idea is very well known to anybody who does not want his handwriting known—it is to prevent the banker from asking you to sign it—my only object in pointing that out is perhaps to make the police wiser—by the end of 1001 everything was completed and in order for the uttering of the notes—there were many discussions, and it was finally decided that America was to be the place where they were to be disposed of—Hyman Bernstein was present—when that was decided upon he agreed to Mayer being sent to the United States—Goldman was not present at any of the discussions—he did not know that America was the place selected—the Bernstein's paid Mayer's expenses to America—I do not know which of them paid—I was not present when his ticket was booked—he went quite alone—the Bernsteins told me that his expenses were £15—they told me the boat he went by, but I do not remember the name now—I know he went at midnight from St. Pancras—he did not take the notes with him—it was determined that Hyman Bernstein and myself should go afterwards—we had an appointment with Mayer outside the Post Office in New York—money was required for the traveling expenses—I saw Goldman at Bernsteins shop—I asked him for the money for the expenses, and he gave me a cheque for £50—I went to the London and Westminster Bank, Eastern Branch, and cashed it—it was drawn on that bank in the name of Harrison I got a £50 note in exchange for it, which I gave to Philip Bernstein—
I went elsewhere—I returned to Tottenham—Hyman Bernstein gave me the note back—I gave it to Philip because I could not get down to give it to Hyman, who wanted it for comparison with one of the forgeries—I took it to a friend of mine at Tottenham, a tobacconist named Rutenburg—I owed him a few pounds, which I paid him and got the change, which he gave me in £5 notes and gold—he sent a cheque for the change to his bank, but I did not have it he sent one of his travellers with it, and gave me the change which came to about £40—about an hour afterwards I paid them to Schmidt at Broad Lane—my father was there—Schmidt wanted some money on account, and we agreed to give him £50—we gave him £45—I was at Southsea at the time Goldman paid the second £50—this was the first £50 towards the second hundred—the second £50 of the second hundred was for the fare of Hyman and myself—Philip Bernstein met us up West at an Aerated Bread Shop, and brought £35 in a little bag—I think he gave it to Hyman and took our fares with it—he said it came from Goldman—I asked him about the other £15, and he said he would lay claim to that for Mayer's fare, and that he would settle that up afterwards—we took single fares at Cook's in Cockspur Street—Philip and Hyman Bernstein and myself were there—we booked for New York—we were not personally conducted—we did not want any conductor—I was the conductor—the tickets were for Hyman and myself—we did not give our full name and addresses—he went as Hyman Baron—I went at William Brice—we sat up that night doing the stamping, and left at 5 a.m. for Southampton—we went by the American Line ship "Philadelphia"—my recollection is that we took about £10,080 face value of notes—I do not know what became of the rest of the £11,800 worth which was the total made—Goldman came down early in the morning to our house on his bicycle, and said he wanted security for his money—he did not agree about advancing the other £100 unless he had security, and we went down to his house and left him with £600 worth of forged notes as security—there were about 25 tens and the balance of fifties—I do not remember any fives—the tens were some which Schmidt had made a little time previously and discarded—I thought it was very good security; as long as he held one note it would be as good as if he held fifty, because if he disposed of one note it would be exposed, and he could not get rid of any more and would spoil our scheme—they were not of Schmidt's best—the fifties were Schmidt's best and would have been negotiable if Goodman had chosen to negotiate them—the arrangement between my father, Goldman and myself was that Goldman should hold them for ten days, and within ten days he was to receive at least the £200 which he had invested, and if he did not receive it he was then entitled to dispose of the notes or do anything else he liked with them—the £200 which he was to receive was to be provided by our cabling from New York—that accounted for £10,680 worth—I do not know what became of the rest—when I last saw them before I left England they were in Hyman Bernstein's hands—that was after we had given the notes to Goldman—the ones he had were not stamped—on the way to America Hyman kept them—Philip Bernstein sent a telegram to Mayer, and
Hyman and I met him outside the Post Office—we put up at the Summit Hotel as Baron and Brice—Mayer did not stay there—we signed the register in our assumed names—I am very well acquainted with Hyman's writing—Mayer refused at first to get rid of the notes, and as a consequence a telegram was sent to Philip Bernstein as "Fulda, Compton Hotel, Liverpool"—I was present when that was sent—it was drawn up by Hyman and myself (Read) "Fulda, Compton Hotel, Liverpool, M. refused, going last minute, cable £20 immediately, try prevent P. doing business, coming home, H. Baron, Summit Hotel, New York."—I did not speak to Mayer myself about passing the notes—Hyman had a long conversation about it with him and told me that Mayer was afraid they were not good enough—"Try prevent P. doing business "meant try and prevent Phillie Michaels or Goldman disposing of the notes—Mayer's scruples were over-come, but in his endeavour to pass a £50 note he was stopped at the first onset—he was arrested and kept in custody in New York for a fortnight—a day or two after that, a telegram was sent from New York to London—Hyman and Philip had arranged a code by which they could let each other know how things were going on—the words were "Bare "or "Bull," as representing bad or good fortune—I was present when this telegram was sent by Hyman addressed "Morris, 41, Newcastle Street, White-chapel, Bare cable £20 immediately, Baron, Summit Hotel, New York"—"Bare" meant things were bad—£20 in dollars was paid to Hyman and I at Cook's office in New York, and aided by that we were enabled to make our way back to London—we came back by the same line—I think by the "St. Paul"—we travelled in the same names—we arrived at Southampton—these notes (Produced) are the ones Mayer tried unsuccessfully to utter in New York—on landing at Southampton, Hyman had the balance of forged notes on him—it was determined to send them by parcel post to London—we put them into a cigar box—it was addressed to Morris, 41, Newcastle Street,—Bernstein's father lived there—it is not far from 120, High Street, Whitechapel—we telegraphed to Philip on our arrival, and then came together to London—we were met, I think, at Vauxhall Station by Philip Bernstein and my sister—we separated and went home—I stayed at 25, Broad Lane, with my father—the two Bern-steins were at 120, High Street—in due course the parcel we had dispatched at Southampton came to hand—I think it was the next day—I saw it at 120, High Street, in the possession of the Bernsteins—it was opened—there was a good deal of dispute about the contents—in the mean time they remained with the Bernsteins—we arrived early in February, 1902, and after our arrival some negotiations were started for the purpose of replacing the notes—I saw Goldman—he said he had a customer who would buy them—the conversation took place at Khann's restaurant opposite 120, High Street, Whitechapel—he said he wanted samples—I gave him one of each which I got from Hyman Bernstein—he went down with them, and in a few minutes came up again with them, but the result was, no business was done—I returned the samples to Hyman Bernstein—I had many conversations during February with Goldman in regard to the disposal of the notes—he did not make any statement to me with regard to the batch
that he held as security—I never spoke to him about it—I never saw them again; I heard of them—in March the arrest was made by the City police of a considerable number of men charged with forging and uttering Bank of England £5 notes—I heard of it—it was a gang headed by a man named Devenport, and the result of that arrest; there was an investigation before one of the City Magistrates, and a trial in this Court in May, 1902—business during that time was not active in the way of trying to dispose of these notes—it was better to be quiet for a time, but about six weeks before I was arrested, on October 20th, negotiations were re-started for the purpose of replacing the notes—there was a considerable effort to dispose of them, but I and my father were arrested, and at different dates before an Alderman in the City we were charged with this offence, and committed here for trial, and in this Court in December, 1902, and before, my Lord, I pleaded guilty to forgery—I was indicted with my father and Philip Bernstein, who also pleaded guilty, and sentences of different degrees were passed upon us—within a comparatively short time of my arrest I made a statement to the police—I went to Amsterdam between my return from America and my arrest for the purpose of placing the notes—I was not successful.
Cross-examined by MR. LEYCESTER. I did not take any of the notes with me to Holland—the last time that I saw any of these notes was about four days before my arrest—when Mayer was unsuccessful in passing any of them in America I did not attempt to pass any myself—I never tried to pass any in America—I went there at the request of the others because I was more acquainted with America than they—I went as a guide—I had been there for some years—none of these notes were ever passed—the only person who made any money out of the transaction was Schmidt, and anybody else who had put any money into it has lost it—I had £2 a week, but I did not have a holiday with it—I did not sleep very comfortably with things like that in the house—I had to work for my £2 a week—I could have made that if I had been bricklaying—I have known Schmidt for eighteen months—I knew he professed to be a very remarkable forger—he was somewhat proud of it—I know at the police court he described himself as the champion forger—I do not know if it was the championship of England or the world—I did not see his diploma his own description of his abilities was rather flattering—he said he had started forgery in Russia; that is where he comes from—he said he had forged Russian rouble notes and paper money in Germany and Exchange notes in America—he boasted that he was responsible for smashing the Cheque Bank—I knew Philip Bernstein better than Hyman, who had been in Australia for eleven years—I did not see him at all whilst he was there—he had only recently returned—I knew him before he went—I was quite a schoolboy then—I am twenty-six now—the first time I saw him after his return may have been at a Christmas party at Philip Bernstein's at the end of 1900—I cannot swear if Hyman was present when Philip asked me to look "up that man the forger"—the next interview I had with Philip v, was when it was agreed I should find Schmidt—Hyman was present then: I am quite certain of that—I was certain
of it at the police court—I have not had much opportunity whilst in prison to consider what ray story is—they give you occupation there, which prevents your thinking—the police came and saw me in prison—I told them what my story was, and I have given it once at the Mansion House—undoubtedly I said there, "I went and saw one of the Bernsteins at 120, High Street, Whitechapel; I think I saw both"—I was positive then—if I had been asked if I was positive I should have said yes—the first sample note Schmidt made was only for the purpose of the water-mark—I took it to the Bernsteins—they were both present, I am positive of that, and I am positive the samples were burned—I do not know if I said at the police court that I took them back again—I am, quite certain that they were destroyed in that room—I cannot say at which of the interviews Hyman was present—I always considered he and his brother were one person—it is hard for me to distinguish between interviews where both were present or only one—it is about nine months now since Hyman was stopping at 120, High Street—I do not know if he lived with a niece of his at Lavender Hill—I have never been there in my life—I did not call on him there—I know the niece's husband, Raphael—it was not there that Hyman first told me he was going to America, I have seen the niece and her husband, but always at Bernstein's place—Hyman was not living with them just before he went to America—he was living in my house then—Raphael is a tailor—Hyman was in my house for three weeks—he was a bachelor at that time, and had no home of his own—I do not remember him telling me that he was going to engage some stalls at the St. Louis Exhibition—I do not know if there is a St. Louis Exhibition or not—I have never heard of it—I did not hear when I was in America that they were going to have a St. Louis Exhibition in 1903—I did not have time to look up these things, I had other troubles—I do not know if Hyman was a dealer in opals—I know he brought some from Australia—he had one with him in America, which he sold—I went with him when he sold it—he did not sell others when I was not there—I did not shadow him, but he was strange there, and did not want to go about much without me—I only know one Mr. Rosenberg—he is in my own line of business, a tobacconist—he does not deal in forged notes that I know of—I do not know Mr. Harry Rosenberg, furrier, of 26, Hare Street, Bethnal Green—it is news to me that he was paying half Hyman's expenses to America—it is quite possible that I wrote the telegram which was sent from America—Hyman is not a good writer—Mayer may have written the first telegram; he could not have written the second, he was elsewhere when it was sent—it was arranged with Philip Bernstein we should telegraph to Morris at Newcastle Street—I do not think he had anything to do with the notes.
Cross-examined by MR. ELLIOTT. At the time of my arrest I made no statement to the police—I made a statement ten days afterwards—it was at Brixton Prison—it was put into writing by the police—they took it down in shorthand and transcribed it—I signed it—I did not mention Goldman's name in it—I mentioned the Bernstein's names, but not my father's—I did not make any other statement before I pleaded guilty—
nothing was said by my Counsel about Goldman—the name was not mentioned by the police—it was suggested that I knew of others in it but I denied that—I made another statement about six or seven weeks after I was sentenced, at the request of the police—that was taken down by a gentleman from Messrs. Freshfield's—I did not sign it—I did not then know that Philip Bernstein had made a statement—he was then in the same gaol as I was—we could not communicate with each other, we were in different classes—we did not see each other—I first heard that I should be required to give evidence about ten days after I made my second statement, and I also learnt then from the police that Philip Bernstein had made a statement—I did not then make a further statement until I gave evidence at the Mansion House—my second statement included Goldman's name—it was not until I had been in Lewes Gaol for about seven weeks that I first mentioned his name—the idea of finding Schmidt originated with Philip Bernstein—I did not ferret Schmidt out—I eventually met him—enquiries were made by others to get at his whereabouts—having found him, I communicated the fact to the Bernsteins—I do not know if my father attempted to find him; I would rather mention his name as little as possible, he was my father, and I respect his name—Goldman had nothing to do with the original idea of finding Schmidt—a very considerable time elapsed before Goldman appeared on the scene—the dealings with Schmidt were limited for many weeks to the Bernsteins and myself—there was an understanding between us that the knowledge of the transaction should be limited to ourselves—I find there is very little honour among thieves—I did not go to Goldman in the first instance—he first gave any money in August, 1901—I was not aware that prior to that my father and Goldman had been doing business—my father was a commission agent—he did not occasionally act as a solicitor—he may have prepared legal documents and carried through mortgages—I do not know if he did or not—he and I were on confidential terms—if there was any conveyancing of property his part of the transaction would be to bring the vendor to a solicitor—I know he had been acting in that capacity on behalf of Goldman—as a rule he would not do that for nothing—I know my father had not received payment from Goldman as he should have done—he certainly expected to receive payment—I am not aware that there was a sale of property to my father by a Mr. Williams—he sold property to Goldman—I do not know the name of the solicitor who acted—my father acted as Goldman's adviser—I know Goldman eventually bought the property, and although my father carried it out for him Goldman's view was that father was not entitled to any remuneration, but only to a present, as he had his own agent, who he had to pay—I think Williams and Goldman bought father some article to the value of some £5 or £10—I was not present when it was given to him—the original value of the property was between three and four thousand pounds, so if father had got any commission at all he would have received £75 or £100—I suppose it would" have been 2 1/2 per cent, or 1 1/4 per cent.—when my father and I went to Goldman's on August 7th, 1901, my father had only a few shillings
on him when he went in—I always knew at that time how much money he had—we were in a sort of partnership—when he came out he showed me £60 in notes and £15 in gold, £25 of that was a loan—it had then been arranged between him and Goldman that Goldman should let him have £200 for the purpose of the business of the forged notes—I do not know if at that moment it had been quite settled, but the proposition had been made to Goldman—the £75 was split up, partly as an advance and partly as a loan, because my father was bound to hand all the money he received as an advance to the Bernsteins, because they were the people who were advancing money also—my father would tell them how much he got—I said before, that I did not tell Goldman or the Bernsteins everything, but that was not in regard to money—I do not know if my honour is of a discriminating character, perhaps we had better not discuss my honour—we were bound to tell the Bernsteins of every penny we received from Goldman—every pound was costing two pounds—it was the Bernsteins' proposition that we should go to Goldman, because they could not advance any more money for this transaction—they did not know that Goldman was to be told of the transaction—they wanted father to approach Goldman to ask him to invest a certain amount of money, but not to tell him what it was for, or that they were interested in it—he could know that it was for Bank of England notes, but he was not to know the true character of them—it would not be unusual to go to a man and ask him for £200 without exposing the real nature of the business; that is a point which I am afraid you will not understand—I do not think you know much about, it at all, but it is an ordinary thing to ask a man to advance money without telling him what it is for, providing the man is to be depended upon—I am not prepared to give a list of the names and addresses of these people who can be depended upon—I am not an information bureau—that kind of man does not want to know very often—it is not an uncommon thing to ask a man for £2,000 without disclosing the nature of the transaction—Goldman had lent my father money before, but not as much as £200—I daresay my father from time to time had paid him back—I am not sure if Goldman is owed money now—the loan had been returned to Goldman—my father may have drawn a cheque to him about August 13th for £15, but a man's cheques are no criterion at all, because if my father wanted £15 and Goldman was going in the direction of the Royal British Bank he would give him the cheque and ask him to bring the money back—£47 may have been paid by my father to Goldman between August 13th and August 27th—I have never seen my father's account at the Bank—I do not know how Goldman made the next payment, because I was in Southsea—when I returned I was told that he had paid £50—the first time that any notes were shown to Goldman was in September, about a month after his first advance—they were then complete with the exception of the numbers—nothing definite was stated to him as to the ultimate paying off of the notes except the discussion regarding Egypt and so on—I thought that at that time the notes were good enough, because the fault although obvious was easily remedied—the £10 notes which were subsequently deposited with Goldman were imperfect—they had a fault which was obvious to me—I do
not know how the general public would take it—it is not on these, as they were discarded—this one is very weak—if you folded it up several times it would fall to pieces—the printing is smudgy—I said on a previous occasion, "The notes given to Phillie Michaels were really the misfits. It was reckoned if he changed one in England it would do all the damage. The notes given to Goldman in the parcel were dangerous to negotiate. I should not have cared to negotiate them myself: the printing was not straight, and the vignette was murky"—they were not in a box—they were in a piece of paper when they were shown to him—I do not know if he saw the murky vignette at the first glance—by changing one of them the others would be useless, because it would be known next day that forged notes were in circulation—I suggest that notes changed to-day reach the Bank of England to-morrow—some of them are kept in circulation for some time, but you have to figure that they reach the Bank next day—a man would not risk his liberty on them—if we did not fulfil our agreement Goldman he knew he had us in his hands—if he wanted to negotiate one of the sample notes he could do so without being found out—if Goldman had issued it he could say he was a bookmaker if he was found out, and very likely he would receive a forged note—he advanced the first £50 of the second hundred by a cheque which he gave to me in Bernstein's shop-parlour, drawn upon the London and Westminster Bank, Whitechapel Branch, in the name of Harrison—I think that name came from him, not me—I do not remember whether the cheque, was "To order "or "To bearer"—I do not remember endorsing it—Bernstein brought £35 in gold next day—I was told that Goldman had given a cheque, drawn in the name of Gordon—I never saw the cheque—the other fifteen of the £50 was left to be settled after we had gone to America—I know about that £15, because Bernstein got me to change a cheque of his at a friend of mine—I do not know of my personal knowledge how the £15 was paid.
Re-examined. When I was convicted in 1898 I was sixteen years old—I stood then in the dock beside my father—we were convicted together—after 1900 I saw a great deal of Hyman and Philip Bernstein—I was at their place at 120, High Street, almost every day—I know Philip's writing—the entries on these pages in this book (Produced) are in his writing—I did not hear how the second £50 of the first £100 was advanced, it was during my absence—the £50 note was given to Hyman for comparison—to my knowledge no cheque had been received from Goldman prior to that.
HERBERT TILLY . I am a principal in the Issue Department of the Bank of England—on July 24th, 1900, £380 an gold was exchanged by the Issue Department for notes—£350 of it was in seven £50 notes dated February 16th, 1899—I produce a slip from the Issue Department authorising the payment of £350 to H. Baron—it is endorsed "H. Baron, 1, Houndsditch"—on June the 15th, 1901. a £5 note was issued to Bernstein, of 120, High Street, Whitechapel, numbered 96489—it is endorsed "H. Bernstein" on the back—there is a £10 note issued on July 10th. 1901, to H. White, 6, Church Street, Stoke Newington, numbered 96793—there is an endorsement on the back partly cut through "William Barm 14. And"—there
was a £50 note issued to H. White dated March 6th, 1900, numbered 99500—there is no endorsement to it—four £5 notes were issued on June 22nd, 1901, to H. White, at the same address—there were two £10 notes issued 30th July, 1901, to the London and Westminster Bank, and a £10 note dated April 2nd, 1900—it was issued on July 10th to White—on December 30th, 1901, a £50 note numbered N/21 62741 issued to the London and Westminster Bank—on January 7th, 1902. seven £5 notes, numbered J/68 97552 to 97358 were issued to Glynn, Mills and Co.
ROBERT SAGAR (Detective Inspector, City.) On June 15th, 1901, I was on duty at the Bank of England, main entrance—I knew Philip Bernstein—I saw him go into the Issue Department—he came out and spoke to me, and in consequence I changed a sovereign or a half sovereign into silver for him—then he went back into the Bank.
ERNEST HENSON . I am manager to George Barker, trading as Webb and Co., of 111, High Street, Whitechapel—I knew the Bernsteins in 1901—This £5 note 96489 was paid into our account at the London and Westminster Bank on June 22, 1901—the endorsement is "H. Bernstein"—it is our custom to get our customers to endorse their names on the back of notes.
GEORGE EDWARD HOLMES . I am cashier at the eastern branch of the London and Westminster Bank, Whitechapel—on June 22nd, 1901, I received from George Barker a £5 note No. 96489—I sent it on June 24th to our head office—in 1901 Goldman was a customer of ours—I produce a copy of his account on January 2nd, 1902—I received from our head office a £50 Bank of England note, N/21-62471, and on January 9th it was paid out by a cheque on Goldman's account drawn in the favour of Harrison—cheques are returned to the customers with the pass books—on January 10th there was a cheque for £33 drawn in favour of Gordon—I do not know if it was a bearer cheque—it was paid in cash—there is an entry on November 12th "Harrison £50 "and a £30 note was paid for that—that note came back into the same account on November 18th.
ALBERT GEORGE GOUGH . I am a clerk at the head office of the London and Westminster Bank—on June 24th, 1901, we received from our Whitechapel Branch notes to the amount of £5,385—I cannot say what the separate notes in that parcel were—we sent them to the Bank of England on June 25th—on January 2nd, 1902, we issued a £50 note No. N/21 62741 to our Eastern Branch, and on July 30th we received two £10 notes No. 09098-9 from our Eastern branch and sent them to the Bank of England next day.
THOMAS CAINE . I am sub-postmaster at Southsea Post Office—on July 29th, 1901, this £10 note (Produced), No. 96793, was cashed over the counter—it bears our stamp and something which looks like my endorsement—these telegraph money orders (Produced) were cashed at the office for William Barmash in July and August, 1901—the total amount is £44—some of them are in the name of P. Bernstein, and the last three the name of Solomon Barmash—I sent the 0 note to the National and Provincial Bank, Southsea.
Provincial Bank of England, Southsea—on July 29th, 1901, I received a £10 note, No. 96793, from the Southsea Post Office—I sent it to our head office the same day.
ARTHUR FREDERICK AYLEN . I am clerk at the head office of the National Provincial Bank of England, Bishopsgate Street—I received a £10 note. No. 90793. on July 30th from our Southsea Branch—it was paid into the Bank of England the same day.
JULIUS FRAYTAG . I live at 285 Kennington Road—at the end of August, 1901, I was in the Adelphi Club, Maiden Lane—I received from Mr. Abrahams this £50 note and £10 in gold, in exchange for a £100 note which I gave him—I owed him £40—I kept the £50 note until January 15th, 1902, and then paid it into the Birkbeck Bank.
WILLIAM TAGART . I am a cashier at the Union of London and Smiths Bank, Limited, Chancery Lane—on January 16th, 1902, I received from the Birkbeck Bank a £50 note. No. 99500. and forwarded it to our head office on the 17th.
WILLIAM HENRY TYLER . I am cashier at the head office of the Union of London and Smiths Bank, Limited—on January 17th, 1902, we received this £50 note from the Chancery Lane Branch—on the same day it was paid into the Bank of England.
HENRY CORNOR . I am manager of the Whitechapel Branch of the Royal British Bank—Bernstein and Co. had an account with us, which was opened on June 3rd, 1901—I produce a copy of the ledger account, and also a certified copy of the account of Solomon Barmash opened on August 7th, 1901—I cannot say who he was introduced by, I think it was by Philip Bernstein—the account was opened by a payment in of £75—there was a payment out on the same day to Bernstein of £50—part of that £75 was in two £10 notes.
Cross-examined by MR. ELLIOTT. On August 13th there was a cheque for £15 drawn in favour of Goldman, and on the 20th there is another cheque in his favour for the same amount.
WALTER GEORGE BURGIN . I am a postman, and on February 7th, 1902, I delivered a parcel by parcels post at 41, Newcastle Street, in the name of Morris—I produce my delivery sheet—I gave the parcel to a woman at the door.
LAZARUS RUTENBURG . I am a tobacconist and hairdresser of West Green Road, South Tottenham—William Barmash was a customer of mine—he came to my shop on January 9th, 1902, and asked me to change a £50 note for him—he owed me some money—I sent a cheque for £40 to my Bank, the London and Provincial, and having deducted what he owed me out of the £50 note, I handed him the proceeds of the cheque.
Branch of the London and Provincial Bank—on January 7th, 1902, I received seven £5 Bank of England notes, Nos. 97552 to 97558, dated November 11th, 1901, from Glynn, Mills. Currie and Co.—on January 9th I received a £50 note, No. 62741, dated January 24th, 1901, which was paid into the account of Lazarus Rutenburg, who is a customer of ours—on the same day a cheque for £40 was drawn by him—it was paid over the counter—the seven £5 notes were given in exchange for it, with a balance of £5 in gold.
ALFRED BENDALL KNOTT . I am a clerk at Glynn, Mills—on January 7th these four Bank of England notes went to the South Tottenham Branch of the London and Provincial Bank—on January 10th we received from the same branch a £50 note, No. 62741, in a total of £290, and on January 11th it was paid into the Bank of England.
JOHANN SCHMIDT . I am an engraver by trade and a German by birth—I was employed in June, 1901, in the manufacture by the Barmashes of a number of spurious Bank of England notes—I commenced work in their house at Broad Lane, Tottenham—at first the value of the notes I was to produce was £5; afterwards it was £10 and £50 I had a genuine £5 note given me for the purposes of my work, and I reproduced upon the spurious notes the water mark of the genuine note in its entirety—later on, genuine £10 notes were given to me, and I produced on the spurious £10 notes the watermark in the genuine note—I required certain plant and material for the purposes of my productions—something similar to this piece of wood (Produced) was brought to me, but not this one—a block of wood and frame was made for me to more effectively make the water-mark—I also had some wooden blocks" supplied me of a different form—they were not used, and I had to resort to a frame like this (Produced), with two clamps inside to hold the paper—it was fixed on to a table—it was to hold the paper tight—a special machine was sent down to Southsea, where I went after having done some work in London—I went with William Barmash and his family—we were there for about three months—whilst there I required further material and plant—I communicated my wishes to William Barmash from time to time, and such things as I required were sent from London—I tried certain things and abandoned certain things in turn, but in the end I perfected the water mark on all the notes of different values; as they were completed I handed them to Soloman Barmash—when I was at Southsea I gave them to William Barmash—when I came back to London I worked at 25, Broad Lane, and then went to 22, Winchester Road, Edmonton, the residence of a Mrs. Samuels—the notes were completed by the end of December—I was to receive 30s. a week and to get 7 1/2 per cent, on the face value of the notes—whilst I was engaged in London and Southsea I received my 30s. a week pretty regularly, and when the notes were completed I insisted upon having some money—I asked for £50, and I got £40—that was about the day before young Barmash sailed for America—as far as I can remember it was paid to me in notes—I can see my handwriting on some of these (Produced)—about this time I wanted to buy some postal orders, and I took the notes to a post office in Commercial Road—there was
some question raised as to their issuing postal orders for notes—they returned the notes to me—I went to another office and got what I wanted—I do not remember young Barmash returning from America—by the time he returned I and his father had become somewhat estranged, because I did not want to advance any money to him, which he wanted me to do for the return of young Barmash and Hyman Bernstein—of course, we never spoke to each other after that—later in the year my attention was called to an advertisement in regard to a reward in relation to Bank of England notes—I went and saw Mr. Freshfield, the solicitor to the Bank—he referred me to the City police—I made a statement to them—I was examined as a witness in the case which was tried here in December, in which the two Barmashes and the other Bernstein were accused of uttering these notes—all these notes (Produced) are like my work—this torn one does not look like mine.
Cross-examined by MR. LEYCESTER. I never saw Hyman Bernstein until he was in the dock—this wooden frame I cannot identify—it is only similar to the one I had—it is not the sort of thing all engraver might use—it was made for the purpose of making water marks—it was used but discarded, as it did not answer its purpose.
Cross-examined by MR. ELLIOTT. I only had one £50 note submitted to me for the purposes of the forgery—as far as I can remember, that was at the end of August, 1901—there may have been another £50 note for comparison, but not for copying—I do not know the date—I think it must have been about the end of December—I completed some of the £50 notes several times as regards the water mark, and others as regards the printing—with regard to the watermark, they would be completed at the end of August or the beginning of September—the ones that I completed finally were ready about the end of December—they were completed in London.
Re-examined. There were different stages before the completion of the notes—they had to be watermarked and printed, bleached and numbered—the printing must have been complete about the beginning of December—it would take place about two weeks before the numbering.
ELIZABETH FLORENCE SEELEY . I live at 29. Arby Road, Grove Road, Bow, and on January 13th. 1902. I was an assistant in the Commercial Road Post Office—on that day a man brought in some £5 notes and asked for change for them—on the back of some of these notes (Produced) there is the endorsement "Postal orders"—that is in my writing—that is the record that postal orders were taken when they were changed—two postal orders were issued in return for two £5 notes—the man went away—he came back shortly afterwards with another man, whose name I do not know—I know him by sight—they asked if the postal orders were good or not—I said, "Yes"—the man who had first come in had asked if the notes could be changed for gold—I said, "No"—the end of it was he got his £5 notes back—the name Simon was put on by him.
week—he came with another man named Mayer—this is Mayer's photograph (Produced).
Cross-examined by MR. LEYCESTER. Hyman said they had just come from Australia, and that he had met Mayer on the voyage.
ANNIE POOLE . I live at 23, Broad Lane, Tottenham—in December, 1901, I knew the Barmashes—I then visited at their house—I. knew Hyman—I believe I saw him when I went to the house—he was introduced to me as Mr. Bernstein.
Cross-examined by MR. LEYCESTER. I only saw him once; it may have been at the end of 1901 or the beginning of 1902—I was a neighbour—I went in to return a book which had been lent me—I do not know if Hyman was there as an ordinary friend or not.
GEORGE WOOD . I am a shop fitter, of 19, Penter Street, North Minories—I first got to know the Bernsteins in October, 1900—I commenced to fit up for them a jeweller's shop at 120, High Street, Whitechapel, in November—that work went on until February, 1901—during that time I executed some further orders for them—amongst other things they ordered several dozens of small blocks of wood about half-inch square and three inches long—as far as I can remember, both the brothers were together when the order was given—I saw them pretty constantly—they were invariably together—I will not say always—I also received orders to make a frame and block like this one—I also made this one—Philip gave me the order for it—I had a description and, as far as I can remember, a paper drawing—I took it to 120, High Street—I saw Philip there—I had some conversation with him with regard to it; it was not right; it fitted too loose—he gave me an order to make two further blocks to fit tighter—I executed that order—I took away this block and frame, and eventually delivered the two others that I made—I think I delivered them to Philip—I kept this frame at my workshop—I also made two very heavy mahogany supports for the Bernsteins—a sketch was brought over with the height and width and the holes required in it—I made it to that sketch—I bought some mahogany for the purpose, as I had nothing sufficiently heavy—these two pieces of wood are the waste of the supports that I made—there were bolt holes in them—I think it was Philip who gave me that order—I am not quite sure if he was alone at the time—I took the things over when they were done—I think I delivered them to him—I cannot be sure whether his brother was with him or not—I made a piece of wood with a wedge at each end—that was made from a sketch—as far as I can remember it was Philip who gave me the order—I took this thing to the shop—I fancy both brothers were there then—the last four orders were between July and September, 1901—there was a running account between me and the Bernsteins of which £1313s. 6d. is still owing—this is my account (Produced)—there is an item of 12s., which is for making two mahogany blocks as required—I was practically only dealing with Philip for the shop fitting—they traded as Bernstein and Co.—the other things that I made for them I think were paid for by cash when they were delivered—on one occasion Philip paid, I think, and on one occasion Hyman—
I identify the prisoner Hyman as Philip's brother—I have seen Goldman at 120, High Street, but I have never had any conversation with him.
Cross-examined by MR. LEYCESTER. I regarded Philip as the person with whom I was doing business—it was at his request that I was fitting up the shop—Hyman was there when I was receiving orders about it—it never occurred to me that there was anything wrong about the frame or pieces of mahogany—I had nothing to impress them upon my mind except that I thought they were funny little things to make—this bill is the only one in which any of these things appear—I cannot swear that both the brothers were present when I delivered the piece of wood with a wedge at each end—some of the work I was doing at the shop was paid for by cash, but in a different way, because I had to make an arrangement with Philip on the Friday to get the cash on Saturday—I do not remember getting any from Hyman in that way.
Re-examined. I asked Philip once what these things were required for—I said there was a lot of work in them, but I could not see much to charge for—he said it was for a patent that a friend of his was bringing out.
PHILIP BERNSTEIN . I am now undergoing a sentence of penal servitude for forging a number of Bank of England notes—I pleaded guilty to that charge in this Court in December, 1902—I first began to negotiate to bring the forgeries into existence in June, 1901, with Solomon Barmash—I then had a shop at 120, High Street, Whitechapel—my brother Hyman was living with me—he had come back from Australia in 1900—he brought about £420 with him—the bigger portion of that he lent to me—I had it in my safe at 99, Bishopsgate Street—in June, 1901, there was no ready money, most of it was in stock in my shop—the Bishopsgate shop was entirely for imitation jewellery—the High Street shop was for better class jewellery; not high-class but genuine stuff—five or six months after 120, High Street was opened business was going badly—one evening in June, 1901, Hyman told me that Solomon Barmash had come to him and said he had got a man who could make successful Bank of England notes, and he wished him to join us—I tried to dissuade him from it—I was unsuccessful—he said that next day Barmash was going to bring him a kind of sample—next day I came into the shop parlour and found Solomon Barmash talking to Hyman—he stopped talking when I came in—my brother said, "It is all right," and he told me all about it—he showed me the sample and compared it with a £5 note which I had, and which he had asked me to get from the Bank of England—I had not been there specially for it, but I got it—I remember seeing Sagar there and asking him to give me some gold—the forged sample was not exactly perfect—it was not satisfactory—it was only to show the ability of the maker—we were not satisfied with it, but I think it was anticipated that in time it would be better—my brother told me of the conditions with Barmash—he said that be originally wanted him to go himself but he was to supply men trustworthy and reliable, and that he was to lend £49 or £50 at the rate of £5 a week for six weeks—the total cost of the material was to be about £19—Barmash brought a list with him—my brother and I saw it—there was a chance that it was likely to take two or three weeks longer, but the cost would be at the utmost
£70—Barmash undertook to provide £100—he had not got it then, but he had an idea where to get it, and if he failed, although he did not care to do it, he would make a couple of Bills in order to get the money—he did not give us particulars of how he would deceive the people who would accept the Bills—my brother agreed to get the £50 in my presence—only £5 and £10 notes were proposed then to the amount of £14,000 or £15,000—the arrangement was that the forger should have 7 1/2 per cent. up to £10,000, and to be paid 30s. a week—the work began at Southsea—William Barmash came to London several times from Southsea—I and my brother saw him, and every week we sent down the money to Southsea to enable the work to be carried on—the arrangement was that Hyman should find the man who was to utter the notes—he was in London; he was called Mayer—Hyman said he had met him on board ship coming from Australia—he said Mayer was a painter or letter writer and had worked his passage home—it was suggested by my brother that the utterer should get 15 per cent., but Solomon Barmash wanted him to get only 10 per cent, and the remainder should be divided into three shares—the whole cost came out at about £600—we did not anticipate it would cost half as much as that—I am sure the Barmashes did not work honestly—in some instances we paid twice as much for machines as we ought to have done—the postal orders that were sent to Southsea were sometimes written by me and sometimes by Hyman—sometimes my shop assistant went to get them, and sometimes Barmash himself—the machinery that was required at Southsea was sent—I did not send any, I only sent two or three small items—one or two things came back—owing to the failure of the process, which it was thought would prolong the time and expense, Barmash suggested that £50 notes should be made instead of tens or fives and that the number of notes should be reduced—William Barmash brought up some samples from Southsea of tens and fives that Schmidt had made—I do not know who gave William Barmash the genuine £10 or £5 notes for samples—the samples William Barmash brought up were shown to Hyman and I—there were only small faults in them, which it was explained could be remedied—my brother and I did not get the £50 note from the bank—Solomon Barmash suggested that he had got an idea how he could get one—Hyman was there at the time—Barmash would not speak to me alone, he had nothing particular to do with me—he would not speak of any new proposition to me unless Hyman was there—he told us he had made an arrangement with Phillie Michaels to borrow £100 to open a banking account, to give Michaels four cheques post dated for four weeks, and as it would only take a fortnight to make a £50 note he would be able to meet the £100—I suppose the post dated cheques were for £25 each—this £50 cheque is not in my writing; it is similar to mine—it was determined that the money should be drawn out of the Royal British Bank, into which it had been paid to Barmash's account—I think this cheque is in William Barmash's writing—I cannot swear who got the £50 note from the Bank of England—I think I gave it to one of Barmash's girls to take to Southsea—I received it from Hyman—when the party returned from Southsea, they went first to Broad Lane—I used to see them everyday—
one of the Barmashes came to our place every day—I saw the work as it was progressing up to the end of November—by then the work was being carried on at Mrs. Samuel's house—the notes were completed by the beginning of January—it was determined to despatch Mayer to New York to utter the notes—I was away when he left London—I went away at the end of November, and returned on December 21st or 22nd—I was here from then to the end of January—I understood that Solomon Barmash had lost the first £100 at cards, so he had to tell Goldman the whole of the secret, and asked for an additional £100—he offered him some remuneration for it—I think he was to have £300 for his £200—my brother and I were told that originally, but afterwards we were told that it was to be £400 for the original £200—Goldman said when he knew the whole of the secret that he must have good interest for his money—he did not say the amount—he eventually withdrew his promise, and Solomon Barmash had to offer him £600—Barmash was very angry at the time, but he had to give in—eventully he gave him £400 for his £200, in fact I understood he gave him more than that—I think £800 to £1,000 in forged notes had been given to Goldman for making the advance of the second £100—when the time for the American journey arrived, Solomon Barmash had not got any money—we were not supposed to give any for that purpose, that was Barmash's undertaking; but while I was away Hyman advanced £15 for Mayer's journey—my brother had access to the takings of 120, High Street, as well as I had—he was not exactly my partner, but we were almost like one—we trusted one another—we never had a quarrel—just before he sailed for America I got £35 in gold from the London and Westminster Bank on a cheque which I had obtained from Solomon Barmash—I do not remember in whose name the cheque was—it was Goldman's cheque—I went to an Aerated Bread shop with it, where I found young Barmash and my brother—I gave the money to them—we all three went in the direection of Cook's Office—they went in—I afterwards joined them in there because I wanted to buy a little American guide—the passages were taken, and next day they sailed from Southampton to New York by the "Philadelphia"—there were many arrangements made the night before they sailed, one of them was as to how they should communicate with me by cable—they were to cable to "Fulda, Compton Hotel, Liverpool"—I went to Liverpool—I found a telegram waiting for me there, dated January 22nd, "M. refused going last minute, cable £20 immediately; try to prevent P. doing business, coming home.—H. BARON"—I returned to London—Barmash came to me—I showed him the telegram and had some conversation with him—I did not send any money on that day—two days later I received another telegram, "Bare cable, £20 immediate"—that had been sent to 1, Newcastle Street, my father's address—"Bare "was the code word which had been arranged—it meant unfavourable—I went to Cook's and cabled £20, to be paid in dollars on the other side—Solomon Barmash was supposed to help me with it, but he could not get it, so I got it—within a short time Hyman and William Barmash returned to London—I went and met them—they told me all about their failure—next day a parcel came from Southampton—I was
not present when it was opened—it consisted of a cigar box containing the forged notes—between £10,000 and £11,000 had been taken to America—I did not count them when they were returned—it was taken away by one of Barmash's sons, who was waiting—I did not see the notes after that—the box had been opened in my brother's room—he told me he saw samples of them after that—I was away in the country about the end of March or beginning of April, and on my return Hyman told me that Goldman had introduced a customer for the notes—no business resulted from that—Goldman was at 120, High Street, Whitechapel, ever since he was connected with Barmash—I went there in March, 1901—he came about July—he continued to come until I left in February—he used to make regular appointments with Barmash there—his runners used to bring him papers there—he is a bookmaker—he did not use the place for betting—I objected to papers being brought to him there—he said there was no risk attached to it—one day in April, 1902, I met him in the street—we went into a public house—he then owed me £10—I asked for a portion of it—he said he could not afford it, because old Barmash had ruined him entirely—I said, "It is the same with me, as regards Barmash"—we had a general conversation about the forged notes—that was the first time that he personally disclosed tome that he had anything to do with them—I had known it all the time—he told me he knew I was in it, and I told him I knew he was in it—I removed to Plymouth about the end of October—I was arrested on October 4th—this book (Produced) was found amongst my possessions—it is in my writing—Hyman saw it at the same time that I did—he often told me to put down certain amounts—I cannot identify anything particular—some of the accounts refer to the forgeries—Hyman looked over it almost every day—I do not know if he ever saw the last page of it.
Cross-examined by MR. LEYCESTER. I did not say I was led into this matter—I submitted to it—my brother suggested the first part of it to me—Barmash originally objected to my having any knowledge of it, but my brother said that could not be—I do not know if Barmash regarded my brother as the principal, but he would not have anything to do with me—it is quite untrue that I first suggested it to Barmash—I did not tell him I was hard up or ask him to look up Schmidt, or to look up the man I had heard speak of—I made a kind of confession while I was on remand, I made a statement at Brixton—I did not plead not guilty until I got here, I reserved my defence—I did not make a statement to the police until I was convicted—I do not remember if the Judge in sentencing me told me that it would be the best thing in my own interests to divulge everything I knew—what he said did not make an impression upon me—it was the first time I had been convicted of anything—I do not think you can pay much attention on occasions like that—I come here to-day to reveal the truth and to help myself—a lot of abominable statements were brought against us, especially against me—I have hopes of getting some remission of my sentence by giving evidence—I cannot say now where the notes are, because I do not know—the last I saw of them was in the possession of
the Barmashes—I and my brother are not Roumanians—I came from Russia in 1885—Hyman was already here, and sent me the money to come with—he then supplied me with money and a stock in trade for me to start business with—eighteen months or two years afterwards he went to Australia—except for one short visit from 1886 till 1900, he was out there, I think, dealing in jewellery and opals—he did not deal with me while he was in Australia—when he came back in 1900 I was not in difficulties: I was bankrupt, and am still—I was trading at that time in the name of my wife—I used some of Hyman's money to take 120, High Street—the business started there was my wife's—my creditors are not going to get anything out of it—the profits of the business were coming to me, that is, I had to live upon them—my furniture was there—I and my wife were living there—I called it Bernstein and Co., but there was no Co.—Hyman lived there with me all the time he was in England—he went to Lavender Hill for about a fortnight—he did not live there for months—he was not there at the time he went to America, as far as I know—I do not know that he was going to take some stalls at the St. Louis Exhibition for a man named Rosenberg—William Barmash told me that he was going to look into some divorce matters for his father—I think Mrs. Barmash had applied for a divorce against Solomon Barmash in America—she lived there—I have known the Barmashes slightly since 1886—I do not know much of William Barmash—I cannot remember if the first time he was introduced to my brother was at a Christmas party in 1900—I think Solomon Barmash looked him up very soon after he arrived from Australia—I think my brother and I got on very well together—we did not have what you would call quarrels—we did not quarrel in November, 1901, about the money he had lent me—when I was making my statement to his Lordship before I was sentenced I was not anxious to put as much as I could on my brother's shoulders—I may have said then that my brother had nothing to do with the notes after his return from America—that was true, with the exception of that occasion which I have mentioned, and which I remembered afterwards—when my brother was brought back from South Africa I wrote a letter to him saying that if he would plead guilty to conspiracy he would only get a few months, and that I should get a good deal off my sentence—the first sample that Barmash ever brought to me was only a portion of a watermark—I do not know what became of that—Barmash may have burned it or destroyed it—I cannot remember if he did so in my presence—all the letters that were sent to Southsea were written by me—there was only one or two, I think—I ordered all the things from Mr. Wood on Barmash's instructions—I do not know who put the bank stamp on the notes, I was not there—at the time it was done—it was put on at Broad Lane—I got there about 10.30 p.m., when the stamping was nearly finished—I do not know who did them—I think—I put the numbers in order—my brother was there and the two Barmashes—the whole house was awake—my brother was there before I was—I went to wish him good-bye.
Cross-examined by MR. ELLIOTT. I am positive that the Barmashes deceived me and my brother with regard to the manufacture of the notes
—they both told me that they had given Schmidt £50, but they had only given him £40—there are many other little things where they deceived us—they would say the machines cost £35, but they only cost £25 or £20—I do not know the exact sum the Barmashes got from Goldman, they told us they got £200—Soloman Barmash told me he had lost the first £100 at cards, and I was satisfied he had lost a portion of it—I had known him to loose at cards; not with me—he used to visit clubs—the Barmashes were only supposed to bring £100 towards the expenses—on August 7th Solomon Barmash told us he had got £100 from Goldman—I did not see it—I do not know how it was paid; it was not paid to me—I understood that Goldman was not to know what it was for, but was to believe that it was a loan to assist Solomon in regard to his property—that is what Solomon told us—I know he had done some work for Goldman, and that he had lent him £100 in consideration for his services—Barmash had given Goldman four post-dated cheques, which would become due in a month—I do not know the date of that—it was a day or two after the proposition of the forged notes—I understood that that is the £100 which was lost at cards—I understand that he has not paid Goldman back a halfpenny of that £100—Barmash told me that in order to get the other £100 he had to divulge a certain secret to Goldman, which would make him look big in the eyes of Goldman—there was no question of the second £100 then, it was about getting the first £100 back—the secret was to assuage Goldman because the cheques were not going to be met—we did not then want money to go on with the manufacture of the notes—the want then was a £50 note, in fact Barmash wanted to make £100 notes if he could have managed it—he opened an account with the first £100—a £50 note was obtained—it was used by Schmidt and returned by him and Barmash lost it at cards—I know Goldman got none of the £100 back—Solomon had to smooth him over for not paying the money back, and he told us that he had told Goldman that he had got £4,500 in notes with several other people which he had obtained by illigitimate means, I suppose by forgery, and that there was a risk in changing them, as he had found out there was a stoppage—they were good notes, and he was looking for a customer for them, and Goldman was supposed to bring him a price for them—next day he brought him a price, and Barmash said he would submit it to his other partners—I think the price was £3,500 for the £4,500—we knew Barmash was telling lies simply to make Goldman hold on and not ask for the £100 he had lent—he was supposed to have gone to his confederates to submit the offer, and came back saying his people had refused it, as they could have the numbers altered for £50 or £100—that is the way he gat out of it—I knew he had no notes to offer Goldman, so if Goldman had offered him enough he would have to tell a lie to get out of it—when the lying came to an end he had to tell him the truth, but he did not say they were forged notes—he said the numbers were being altered—he took him some of the forged notes telling him they were genuine—that is what the Barmashes told us what happened, but I do not think they told us a quarter—I knew they were taking Goldman in—I did not think about him, I thought about ourselves—we did not want him to
know about the forgery—it was in Goldman's interest that he should not know, but I believe he would have preferred from the beginning to have known—I do not care if you have had another prisoner in the box—I do not see why I should tell lies, the matter is not so very important—Solomon Barmash told Hyman and myself that Goldman should not know that we were connected with the forged notes—Solomon told us that as it took such a very long time to take the numbers out of the notes Goldman began to suspect that that was not being done, but they were being manufactured, and he commenced to bother Solomon greatly about his first £100, then Solomon absolutely made a clean confession to him in order to obtain the second £100; that the notes were being manufactured, that they would soon be ready, that he would want another £100 and that in compensation Goldman would get £400 for his £200—that was about Christmas time—Goldman promised he would give it to him the day it was required, but three or four days before the departure for America Goldman said he was not satisfied with the offer and that he wanted a bigger remuneration, and they had a quarrel—they came to terms—he was to have £400 for his £200 which would make £600 due to him—I think Goldman knew that Barmash had lost his first £100—I had frequent opportunities for conversation with Goldman, and during one of them he told me what a reckless man Barmash was in gambling with other people's money—I think that was before the whole truth had been told him—I told Barmash that I thought Goldman knew more about it than we thought he did—Barmash kept on denying it—I did not get any money direct from Goldman in connection with this transaction—I once got a cheque from him for £40 for my father-in-law—I gave him £40 in cash, and he gave me a cheque for it—he asked me what name I wanted it made out in—I said I was not particular—I had to send it to Nelson and he made it out in that name—I had to send it to Nelson as I owed it to him—it was nothing to do with the forged notes—I may have gone to Goldman to get another cheque to send away; I cannot remember it—letters used to come to Goldman at 120, High Street, but not in connection with his bookmaking business—he had his letters and papers brought there—they did not come by post—he used to pay his runners there in the evening to pay his men—I think he had a real bookmaker's business—I do not know if it was a large one—he was not making a large book compared to some people I know—when the telegram from America to "Fulda "came I had not a number of notes in my possession—I did not have any notes until the day they arrived from America—they were only in the house for two hours—they were brought into the room where my brother was, and taken away by one of Barmashes' family—I knew there were some left behind—I was not then preparing to go to Africa or Antwerp—I do not think I have ever been to Antwerp—at the time the telegram arrived at Liverpool I think Solomon Barmash was at home, but I do not know.
Re-examined. The notes that were left behind were in Barmash's possession, at least he said where he was going to send them to—as soon as the notes were completed they were always in the Barmash's possession—William Barmash never parted with them even in America—Goldman
paid over the second £100 a couple of days before the others went to America—I understood that at that time, notes of the face value of about £1,000 had been given to Goldman—he refused to advance the second £100 unless they were handed to him—of that second £100 William Barmash gave me £50—I gave it to Solomon—the £35 cheque which I received from him was used for the payment of the journey to America—I suspected that Goldman knew more than we thought about two months before the departure—words slipped out which gave me a surmise that he knew more about it—after the return from America I spoke freely with him, and he then told me he knew I was in it, and he subsequently had a conversation with my brother.
CHARLES HORTON . I am a clerk at Thomas Cook and Sons, at their Cockspur Street office—on January 10th, 1902, two men came in and booked a passage to New York by the "Philadelphia"—they gave their names as H. Baron and Walter Brice—the "Philadelphia" left on January 11th.
EVAN NORMAN KINSEY . I am chief clerk in the American Line Steamship Company, Cockspur Street—I produce the passenger list of the "Philadelphia" for January 11th, 1901—it shows the names of H. Baron and Walter Brice as second-class passengers—I also produce the passenger list of the "St. Paul" of January 29th, 1902.
HENRY WEEKS . I am a clerk in the Western Union Telegraph Company—on January 22nd, 1902, I received at Old Broad Street this telegram, "M. refused going last minute," and on January 24th, 1902, there came direct to the office at the Royal Exchange this telegram, "Bare, cable £20 immediate"—they were forwarded to their different destinations, one in Liverpool and one in London.
CHARLES HERBERT SULMAN . I am cashier at Thomas Cook and Sons', 93, Gracechurch Street—on January 25th Philip Bernstein came in—he brought £20 with him, which was to be cabled out to Hyman Baron at the Summit Hotel—I changed it into dollars for him—we could not find any such hotel in our list, so we told him to wire to his friend, asking him to call at Cooks' Office for the money—we wired to our office in New York—this (Produced) is a receipt signed by Hyman Baron for the 92 dollars which he received.
Cross-examined by MR. MILLER. I do not know Hyman Bernstein at all.
ARTHUR PERCY ALLPORT . I am a clerk in the Anglo American Telegraph Company, and produce a telegram received on January 25th, 1902, and telegraphed on that date to New York, "Apply Cooks'"—I also produce a receipt, which shows that that telegram was received in New York.
JOHN EDWARD MALLINSON . I am an official in the Accountant General's Department in the Post Office, and produce the telegrams passing between the United States and this country—I am able to say by a document that the two telegrams which have been referred to were delivered at their respective destinations—I also produce telegraph the money orders
which went from London to Southsea first in the name of Bernstein and afterwards in the name of Barmash.
JOSEPH ORSMAN (Detective Constable, City.) On February 14th I searched 225, High Street, Shoreditch, where Philip Goldman was living—I produce a list of the property found there—a large number of note-books were found—on the outside of this one is "Just a line."
JOHN OTTAWAY (Detective Inspector, City.) On February 13th I arrested Goldman—when I told him the charge, he said, "I do not know what you mean"—I took him to Cloak Lane Police Station, where he was charged—he said, "I know nothing about it"—he gave his address as 35 Sandringham Road, Dalston—I said to him, "You don't live there"—he said, "Yes I do, I am still living there"—I went to that address and ascertained that he had left about four months—he subsequently gave me his correct address at 223, High Street, Shoreditch.
JOHN DAVIDSON (Chief Inspector, City.) I arrested Hyman Bernstein at Cape Town, where he was detained under a provisional warrant—I read the warrant to him on January 13th—he said, "I had those read to me yesterday. I want to ask you one question. Why have you got three warrants when one would have been enough?"—I explained to him the reason was owing to extradition—I showed him a photograph of himself, which was attached to the depositions I had taken out—he remained under remand until January 23rd, when he signified in writing his request to return to London—I brought him back on the "Kildonan Castle," arriving here on February 14th—I produce a list of the property found upon him whilst he was in my charge—I saw him write—I arrested Philip Bernstein on November 5th, 1902—I made a list of the property found upon him and at his premises (Produced)—among the things I found was this pocket-book.
THOMAS HENRY GURRIN . I am an expert in handwriting—I have had placed before me these two documents, which I was assured were samples of Hyman Bernstein's writing—I have also seen the Bank slip and the signature, H. Baron, both of which are in the same writing as the letters which are said to be Hyman's, as well as the signature on the receipt for the telegram.
ALEXANDER GOUGE . I am superintendent at the Bank Note Office. Bank of England—the £50 note No. 99500 came back to the Bank of England January 17th, 1902—the £10 note No. 96793 came back on July 30th, 1901—the £5 note No. 96489 came back on June 25th, 1901—these three notes are forged (Uttered by Mayer in New York), and also this half-note.
JOHN DAVIDSON (Re-examined.) These (Produced) are a hawker's licence and a miner's right, taken out by Hyman Bernstein in the name of Hyman Baron in Australia in 1896 and 1899—there is no doubt from the result of my inquiries that long before anything arose about this case he was using that name.
Bernstein, in his defence on oath, said that he knew nothing of the forget notes; that he did not supply any genuine note as a pattern; that he did not send any of the things to Southsea, or give any of the orders to Wood: that
he did not know that his brother had anything to do with any forgery; or that any money was being obtained from Goldman; that he did not hear of it until he was arrested; that he did not go to America for the purpose of tittering the notes, or supply any money for the purpose of the forgeries.
Evidence for Bernstein's Defence.
HARRY ROSENBERG . I am a furrier of 26, Hare Street, Bethnal Green—I have known Hyman Bernstein just over two years—I remember him going to America for a short time—about a month before he started I authorised him to take a stall for me in the St. Louis Exhibition—we arranged that on his return I should pay half his expenses—when he did return I paid him, I think, between £10 and £11—I do not exactly remember.
Cross-examined. The settlement between us was in cash, no documents passed—the exhibition was to have taken place in 1903, but it was postponed—I was making my arrangements in the beginning of 1902, or a month before he started—he did not get my stall.
By the COURT. I got to know Hyman because I am the young man of his sister-in-law's—I am engaged to her—at that time I had a business of my own—I now go out to piecework—my shop used to be a fur shop—I was going to send skins and fur rugs to the exhibition—I had some at that time—they were worth £5 or £7—I was going to show them in America because I believe you can get a big price there—I bought the skins and made them up—some of them came from Canada—that is not far from America—I thought of taking a stall at the exhibition, because Hyman said he was going to exhibit some ivory and ornaments there—he showed me one or two articles of ivory and china, such as women with babies on their backs—they were not opals—at present I have no furs or shop—I am still engaged to his wife's sister—we did not discuss what the stalls were to cost—I did not consider whether I could get a stall without sending a man to New York to do it—I do not know how far New York is from St. Louis—I thought he was going to New York first, and then to St. Louis—I daresay St. Louis is in America somewhere—I then occupied one room in my father's house as a workshop—I paid 5s. a week—I had no banking account—I' had over £50 then—I did not think that I could see a plan in London in order to engage a stall.
AARON RAPHAEL . I live at 85, Lavender Hill, and am married to Hyman Bernstein's niece—I remember him staying with me some time before he left for America—he stayed for about a few weeks—I cannot say how long before he went—from me he went to William Barmash's—he was away from me for about a week before he went to America,—I remember William Barmash coming to my house before Hyman went to America—he came to see me—Hyman was there also—William Barmash asked me if I could lend his father a loan—I did not know what he wanted it for—Hyman said he was going to America—William Barmash said, "If you are going, I am going in a week or so; Dad is away, you have an opportunity of staying with me for a week or two"—Hyman said, "When are you going?"—William said, "I shall go in a week or two; when do you wish to go?"—Hyman said, "Any time will do for me"—they
left my place that night together—I do not know where for—on the next Friday, Hyman came back and packed some of his things up and went off.
Cross-examined. When he packed his things up I did not see him again until after his return from America, when he came for the remainder of his things—it was not stated in my presence why he was going to stay with the Barmashes—I understood William Barmash to say that Solomon wanted money because there was a divorce case in America—there was no question of the expense of this travelling party.
By the COURT. Hyman was not married when he was staying with me; he was engaged to the woman who is now his wife—I married his niece before he returned from Australia—I knew Solomon and William Barmash as very nice and trustworthy people—I did not know they had been convicted.
GUILTY . GOLDMAN†** then PLEADED GUILTY to a conviction of felony at the South London Sessions on April 16th, 1895. Five years' penal servitude. BERNSTEIN— Ten years' penal servitude.
MR. ROBINSON, for the Prosecution, offered no evidence.
NOT GUILTY .
FOURTH COURT.—Thursday, 30th April, 1903.
Before Lumley Smith, Esq., K.C.
MR. NOLAN Prosecuted; MR. BURNIE and MR. MAHAFFY Defended.
JOSEPH PICKERING . I live at 11, Ravensbourne Gardens, West Ealing, and am a builder carrying on business in partnership with a Mr. Bessant—we bank at the West Ealing branch of the London and South Western Bank—in February we both had the power to sign cheques—the cheque and counterfoil No. 164747 has been cut out of my cheque-book—I do not know the firm of Bloomer and Sons, and did not fill in a cheque in their favour for £95 10s.
HERBERT PEARCE . I am cashier at the West Ealing branch of the London and South Western Bank—Pickering and Bessant bank with us—on the afternoon of February 13th cheque No. 164747 was handed to me at the bank—it was open, and in favour of B. Bloomer and Sons for £95 10s.—as there were not sufficient funds I returned it marked "Refer to drawer."
THOMAS RANTZ . I am a painter, of Ealing—about 3.45 p.m. on February 13th I saw the prisoner outside the Black Horse public house, Ealing—he asked me if I would take a note to the bank for him—I said "Yes," and he gave me a cheque for £95 10s., endorsed—"Pickering"—I handed it to the clerk at the bank, and he wrote something on it and gave it me back—I took it to the prisoner, and he threw me sixpence and ran off.
Cross-examined. I had never seen the prisoner before—at the police
station I walked up the rank two or three times before I picked him out—I did not first of all pick out somebody else.
WALTER CHARLES WAYLETT . I am a fruiterer, of 194, Uxbridge Road, West Ealing—on the afternoon of February 13th I was standing outside my shop, and saw two men acting in what I thought a suspicious manner—the prisoner was one—he appeared to be watching somebody up the road—Rantz then came up and handed something to one of the men—he then came to me and had a conversation with me and showed me sixpence.
Cross-examined. I was about thirty yards from the prisoner.
ALFRED LAYTON . I am a printer, and live at Chilton Gardens, Kilburn—in March I lived at 130, Cambridge Road, Kilburn—on March 13th the prisoner called at my house, and asked me if I could alter the names on cheques—I said I could, and made an appointment with him for nine o'clock next morning, when he gave me a cheque to alter—previous to his calling I had received certain information and had communicated with the police—on the Saturday evening I went to his house at 4, Balmoral Road, Willesden Green—he then showed me a cheque for £95 10s., and told me how he and a confederate were attempting to pass it; that they picked a youth up in the street and got him to take it to the bank, but that it was returned marked "Refer to drawer," as there were not sufficient funds to meet it—he said that it was jolly hard luck.
WILLIAM WRIGHT (Detective-Sergeant X.) I arrested the prisoner at 4, Balmoral Road, Willesden—on March 26th, when he was charged with forging the £95 10s. cheque, he said he had never had it, that he had not stolen it, and had not been to Ealing.
Evidence for the Defence.
ALICE BAKER . I am a widow, and live in the prisoner's "house—in February last I employed him to do a little carpentering for me when a sash-weight fell on his foot, injuring his toe—he was not able to put on his boot for two or three weeks, and did not go out of the house.
Cross-examined by MR. NOLAN. I am not in the house all day—I have known the prisoner all my life, and have been lodging at his house two and a-half years.
GUILTY of uttering. (See next case.)
MR. NOLAN Prosecuted; MR. BURNIE and MR. MAHAFFY Defended.
ALFRED LAYTON . On March 5th I was in Oxford Street, when I had a conversation with a, man named Day—in consequence of that conversation the prisoner came to see me at 130, Cambridge Road, Kilburn, on the 13th, and I gave information to the police—when he called he asked me if I could alter the numbers on cheques, and I said yes—he then told me he expected two cheques either that night or the next morning, and I made an appointment with him for the next morning—I kept the appointment, and he gave me the cheque-Dl (Produced) to alter—he told me if
I could get ft done the same morning I could have the money at once—I was to get £3 for every cheque that went through—the number of the cheque was 171436-his instructions were that I was to alter "207, Uxbridge Road "to "Station Terrace, Kew Bridge," and "West Ealing Branch "to" Kew Bridge Branch"—I told him it was impossible to get it done the same morning, but that I would let him have it in the evening—he then went away and I again communicated with the police—I saw him the same evening and told him that it was impossible to alter litho into letterpress—he asked me for the cheque back, but I told him I had left it at home—he made an appointment for the following Monday—I did not keep it and he called at my house and said that he must have the cheque back whether altered or not—I then told him that it could be altered, and that I had given it to a friend of mine—I again communicated with the police.
Cross-examined. I had not seen the prisoner when Day spoke to me in Oxford Street—I thought no more of my conversation with him till the prisoner called on me eight days later, and it was then that I informed the police—I have printed some visiting cards for the prisoner and some handbills—no one else was present at the interview I had with the prisoner at his house.
BENJAMIN MUDGE . I am a builder, of 6, Wimborne Gardens, West Ealing—I have a banking account at the—West Ealing Branch of the London and South Western Bank—I did not fill in the cheque marked Dl—it was torn out of my cheque book.
Cross-examined. It is possible that a cheque paid by me may remain some time before being presented—I always keep my cheque book in my house—I do not know the prisoner—I have never lost a cheque before.
WILLIAM WEIGHT (Detective Serjeant X.) I arrested the prisoner—when the charge was read over to him he said, "I never saw the cheque till you showed it to me at Willesden—I never had it in my possession; I never stole it; I have not been to Ealing."
Cross-examined. He has always denied any knowledge of the cheque.
Cross-examined. The cheque Dl has never been presented—it is drawn on the branch—I cannot say whether the Kew Bridge Branch have a customer named Woodhead.
Evidence for the defence.
MRS. ELFORD. I am the prisoner's wife—we have been married nineteen years—he is a carpenter, and has always been in fairly regular employment—I am a dress and mantle maker—I remember Mr. Layton calling upon my husband on March 14th—he stayed about twenty minutes—I was in the room the whole of the time except for five minutes when I went to fetch some beer—I did not hear any conversation between them about altering: cheques and if such a conversation had occurred I must have heard it—Mrs. Baker and Miss Elliott were in the back room working for me at the time.
Cross-examined by Mr. NOLAN. I thought Mr. Layton called about printing some cards and bill heads for my husband—my husband cannot write.
ALICE BAKER . I have been in Mrs. Elford's employment as a seamstress—I was with her on March 14th—a visitor called that evening—he went into the front room and stayed fifteen or twenty minutes—Mrs. Elford was in the room at the time because I remember having to wait for her to fix some work.
Cross-examined. I did not open the door to Mr. Layton when he came—I am not aware whether he knew Mr. Elford.
JAMES SCOTT . I am medical officer at Brixton Prison—the prisoner has been in prison for some time—during that time he has been in a fair state of health—he complained a few days ago that he had an old injury to his left foot—I examined it and found traces of a bruise, with slight discoloration—the nail is dead, but has not yet come away.
Cross-examined. I do not think the injury would prevent him walking even at the time—he has a cut boot—previous to my seeing him he was seen by a colleague of mine.
GUILTY of receiving . He then PLEADED GUILTY to a conviction at Norwich Assizes on January 23rd, 1894. Five years' penal servitude on each indictment, to run concurrently
MR. WARBURTON prosecuted.
GEORGE TELLS . I live in Church Road, Leyton—the house was safely shut up at 11.10 p.m. on April 8th—at 3.30 next morning I heard a noise in the basement—I looked through the blind and saw the reflection of a light coming through the window of the basement and some hand moving the flower pots—I summoned my father and brother—we went downstairs and found the scullery window and pantry door open—I then went into the garden and saw the prisoner running away—I pursued him and overtook him—I saw three bicycles on the other side of the fence—they were ours—I asked him if there were any others with him, and he said no—he was afterwards handed over to the police—in the garden I found several articles that had been taken from the pantry.
Cross-examined by the prisoner. About five minutes elapsed between the time I saw the reflection and the time I saw you in the field—I do not know whether my father knows you or not.
HENRY RICHARD TELLS . On the morning of the 9th, about 3.30, I was called by my son and went downstairs—I went into the garden and saw the prisoner carrying a bicycle on his shoulder—he was afterwards stopped by my son—he is a perfect stranger to me.
it with the marks on the window and it corresponded—the prisoner when charged made no reply.
GUILTY . He then PLEADED GUILTY to a conviction of felong at Chelmsford on November 30th, 1889, in the name of William Longman, and five other connections were proved against him. Four years penal servitude.
FOURTH COURT.—Friday, May 1st, 1903.
Before Lumley Smith, Esq., K.C.
MR. BODKIN and MR. FULTON Prosecuted; MR. WATT and MR. SIMPSON Defended.
NOT GUILTY .
FOURTH COURT.—Saturday, May 2nd, 1903.
Before Lumley Smith, Esq., K.C.
MR. CLARKE HALL and MR. MAY Prosecuted; MR. CECIL WHITELEY
PAUL TEPPISH . I live at Highbury, and am an agent at 14, Monkwell Street—I met the prisoner last June, and he entered into my employment as a commission traveller—on August 1st I supplied Messrs. Norman and Stacey, through the prisoner's introduction, with goods to the amount of £7 3s.—on August 5th and 15th, September 6th, October 20th, November 13th, and December 5th I supplied them with goods to the value of £11 16s., £17 10s., £96 8s. 1d., £8 3s. 2d., £24 19s., and £26 1s. 4d. respecttively—on October 14th I received from them through the prisoner £30 15s. 10d. in cash—that amount balances the first three items in the account—on March 26th he brought me a crossed cheque from Norman and Stacey for £20 laid., and said that the managing director had lent him privately £6-4s. 4d. out of it, and that I was to credit them with £20 and give him the £0 which I did—on April 16th I was shown three cheques drawn by Norman and Stacey on August 27th, 1902, on October 14th, 1902, and on February 6th, 1903, in favour of Teppish and Co. for £28 12s. 2d., £70 3s., and £37 9s. 6d. respectively—all three had been cashed, and the endorsements are in the prisoner's writing—he had no authority from me to do so—he never rendered me any account for those money—April 16th was the first time I saw the cheques—on March 16th this year he made out a statement of account showing £135 odd due from Messrs. Norman and Stacey—I had several conversations with him about getting the account settled, but he always made excuses—on April "16th I told him that I should go and see Norman and Stacey with him—strongly objected and refused to go with me—I went alone, and found at the money had been paid—I then went to the police and gave him into custody—since he has been with me I have constantly advanced him money—I took I O Us, from him for about £150—on March 2nd
he gave me a bill for £135 to cover the I 0 U's till Christmas—since Christmas I have advanced him about £40.
Cross-examined by MR. WHITELEY. It is quite true that I have not paid him a penny for salary or commission, but he received small sums from the petty cash for expenses—I think he introduced fourteen agencies to Teppish and Co.—it is not true that I offered him £25 for each agency he introduced—he was not a partner in the firm, he was a commission traveller—when I gave him a reference, and said we were working "hand-in-hand," I could not speak English very well; that is a German translation—I swear positively I did not know that he had received the three cheques from Norman and Stacey—he was always asking me for money—I deny telling him that if he got a cheque from Norman and Stacey he could go on with that—I told him if he got a cheque from them I would lend him some money—a Mr. De Brunet has invested £500 in my business—I have received a letter from his solicitor asking for the return of the money, but he has not been constantly pressing me for it—it is not true that I asked the prisoner to make out a false statement with regard to Norman and Stacey's account to deceive Mr. De Brunet—last Friday week I had an interview with the prisoner's brother—I did not then agree to withdraw the charge if he paid me £125—I wanted a written statement by the prisoner confessing his guilt, otherwise I thought he might have ground for bringing an action against me for malicious prosecution.
Re-examined. I have no wish to press the charge—I had an agreement with Mr. De Brunet, dated in November last, that his money should stay in my business for two years—I have paid him the interest due—no question was asked me at the Mansion House about my conspiring with the prisoner to deceive Mr. De Brunet by drawing up a false statement with regard to Norman and Stacey's account—it has been put to me for the first time to-day.
By the COURT. The prisoner signed some letters for me in my absence, but not many—pages 69 and 70 are missing from my press copy letter book—that may have been done by the boy in the office—I swear I have lot torn it out for the purpose of this prosecution.
CHARLES ARTHUR SEAMAN . I live at 8, Brook Street, Hanover Square, and am secretary to Messrs. Norman and Stacey—Teppish and Co. supplied is with goods according to the statements sent in to us—Dootermann lowed us between £300 and £400 for furniture we supplied to him, and when he opened an account with us for Teppish and Co. as their representative it was arranged that a certain sum should be deducted from time to time from the account and placed to the credit of his furniture account—when I paid him the cheque for £76 3s. we owed Teppish and Co. 101 3s.—the £25 we deducted I understood from him was on account of commission he was receiving from Teppish and Co. on the orders we had given him—on February 6th I gave him a crossed cheque for £37 9s. 6d., but in consequence of something he told us we retained that and gave him on open cheque for the same amount.
Cross-examined. I have known the prisoner for four or five years—I have always found him honest and respectable.
TOM EDGAR DAVIS . I am cashier in the employ of Messrs. Norman and Stacey—on February 6th I offered Dootermann a crossed cheque for £37 9s. 6d.—he refused it and said he wanted an open one, so that he could get the money from the bank—I then got the last witness to draw an open cheque for him.
PIERCE LAWRENCE HART SMITH . I live at 1, Fleet Street, and am cashier at Child's Bank—I produce a certified copy of Messrs. Norman and Stacey's account from the books of the bank—these three cheques (Produced) passed through the bank and have been paid.
HENRY D. CLARKE . I am a traveller in the prosecutor's employ—the prisoner came there as a traveller—when Mr. Teppish went away he left instructions that all cheques requiring endorsement were to be forwarded to him—I made out the statements of Norman and Stacey's account and handed them to the prisoner.
Cross-examined. I never sent in any statement to Norman and Stacey except through Dootermann.
JAMES TANQUERAY . I am managing director of Messrs. Norman and Stacey—about the middle of last year the prisoner called upon us as a representative of Mr. Teppish and asked for orders—we gave him orders, and out of the commissions he got he was to pay off his furniture account—with regard to the cheque of £26 1s. 4d. it is not true that £6 1s. 4d. was lent to him.
Cross-examined. I have known him for some time, and have always found him straightforward.
ARTHUR PENTON (City Detective Inspector.) On Thursday, April 16th, I was called to 14, Monkwell Street—Teppish charged the prisoner in my presence with embezzling £76 3s., and also with forging the endorsement on a cheque—he replied, "How can that be, I am a partner?"—Teppish said, "That is all rubbish, he is a commission traveller"—I then said, "Mr. Teppish also charges you with forging this endorsement"—he replied, "I have endorsed scores of cheques for Mr. Teppish"—Teppish said, "That is rubbish, he had no authority to endorse any cheques"—I said, "What about this particular cheque?,"—he said, "He had no right to endorse that at all; he has swindled me out of that amount"—the prisoner was charged and made no further reply—upon him were found some papers, amongst which was an account of Knobloch and Co., dated February 24th, showing £5 16s. 10d. still owing.
Cross-examined. I had no difficulty in arresting him—he gave a correct address.
The prisoner in his defence on oath said that by the agreement of October 22nd he understood himself to be a partner in the firm of Teppish and Co.; that he was to get £25 for every agency he introduced; that he very often signed for Teppish and Co.; that he received the three cheques from Messrs. Norman and Stacey, but that Mr. Teppish knew of it; and that he gave Mr. Teppish £36 out of the cheque for £76 3s. and kept £40 to go to Germany with, on business for Mr. Teppish.
GUILTY Six months in the second division.
Before r. Recorder.
428. ADA TABER (21), PLEADED GUILTY to forging and uttering an order for the payment of £2 with intent to defraud, having been convicted of felony at Stratford on August 8th, 1902. One other conviction was proved against her. Six months' hard labour. —
(429) WILLIAM HENRY WOOD (34) , to stealing 17s. 2d., the money of Robert Crawford, also to stealing 8s. 9 1/2 d. the money of Robert Ruffles, from the person of Ernest Eaton, having been convicted of felony at the South Western Police Court on November 26th, 1901, as William Brown . Four other convictions were proved against him. Twelve months' hard labour. — [Pleaded guilty: See original trial image.]
(430). JOSEPH ANDREWS and ROBERT ANDREWS to stealing a ring, the property of Mary Kempthorne, JOSEPH† having been convicted at this Court on May 29th, 1899, and ROBERT at Chelmsford on November 26th, 1902. Two previous convictions were proved against Robert and one against Joseph. JOSEPH Twenty months' hard labour. ROBERT Fifteen months' hard labour. — [Pleaded guilty: See original trial image.]
(432) CHARLES MONTGOMERY (28) , to stealing a coat and other articles, the property of Mark Moses, having been convicted of felony at West Ham Police Court on October 9th, 1901. Five other convictions were proved against him. Nine months' hard labour. [Pleaded guilty: See original trial image.]
MR. NOLAN Prosecuted.
THOMAS MCDONALD . I am single, and a greaser on board ship—I have known the prisoner about three years, and lodge in his house at 6, Francis Street, Canning Town—we have never had any quarrel—on March 28th I went home the worse for drink between 10 and 11 a.m.—I went into the sitting room, which is on the ground floor, and sat beside the fire—I fell asleep, and was awakened by blood running down my neck—I then found my throat had been cut—I did not see anybody in the room when awoke—I went into the kitchen, and the woman there got a pail of water to wash me—I do not remember anything else till I was dressed at Poplar Hospital—I stayed in hospital ten days—my wound is not quite well yet.
JOHN NEWLAND . I am a ship's fireman, and lodge in the prisoner's house—on Saturday morning, March 28th, I was in the sitting room with he prisoner, McDonald, and Chorley about 11 o'clock—we had been sitting own about ten minutes when the prisoner got up and walked towards McDonald saying he would cut Tom's throat—he then leaned over McDonald—I did not see anything in his hand—he then walked out of the room, and McDonald said, "He has cut my throat"—he was bleeding at the neck—I do not know what McDonald did afterwards as I left him with Chorley—I did not see the prisoner any more that day—he had been drinking—the prosecutor and the prisoner were the best of friends.
SAMUEL CHORLEY . I am a seaman, and lodge with the prisoner—on March 28th I was indoors with Webb, McDonald, and Newland about 11 a.m.—we had been there about half an hour when I saw Webb get up and take hold of McDonald by the throat—I could not see what he did, but I saw that McDonald was bleeding—Webb then went upstairs, and Newland took McDonald into the kitchen—I heard McDonald say, "Jack, Webb has cut my throat—I did not hear Webb say anything before he touched McDonald—I was not drunk.
JOSEPH SMITH . I am a dock labourer of 40, Francis Street—on March 28th I came to No. 6, Francis Street—I there saw McDonald sitting in the back kitchen—he had a gash in his throat, and was bleeding—I assisted in taking him to the hospital.
HARRY SHIPWAY (838 K.) I was on duty between 12 and 1 on March 28th, and in consequence of information I went to No. 6, Francis Street, and saw McDonald sitting on a chair in the back kitchen, bleeding from a wound in his throat—he was drunk—I went upstairs and tried a bedroom door—it was held by somebody from inside—I forced it open and saw Webb—I told him I should arrest him for stabbing McDonald—he made no reply—I took him to the station, and on the way he said, "I am very sorry now for what I have done"—he was charged and made no reply—he was sober, but had had some drink.
THOMAS INGRAM . I am house surgeon at Poplar Hospital—McDonald was brought in on Saturday, March 28th—he had a clean-cut wound on the right side of his neck, between two and three inches long and half an inch deep at the deepest part—it was not a dangerous wound—his pulse was good, and I do not think he had lost much blood—he was very drunk—he remained in hospital nine days—I saw him yesterday, and his wound has entirely healed up—it might have been caused with the knife produced.
Prisoner's defence. "I do not know anything about the affair; I was too drunk."
GUILTY . Nine months' hard labour.
MR. NOLAN Prosecuted.
THOS GILLAM . I am a costermonger of 58, Blyth Road, Stratford—at 10.30 p.m. on April 3rd my mare was locked up in the stable—the next morning at 8 o'clock it was gone—one side of the stable is built of wood, and that had been taken out—I saw the mare later in the day at the police station, when I went to give information—when I got it home I found that a piece of string had been tied round its tongue, and it could scarcely eat for a week—I should think it was done to prevent her neighing—it is worth £15.
Cross-examined by the Prisoner. I did not notice the string at the station.
By the COURT. My stable is about 200 yards from the High Street and about 300 or 400 yards from where the police found the prisoner with the pony.
HENRY TROWLES (787 E.) I was on duty in the early hours of April 4th at the corner of Bridge Road, and saw the prisoner leading a black pony—I asked him who the pony belonged to—he said, "Why?"—I said, Because I want to know"—he said, "A man asked me to lead it for him"—I told him I should take him to the station and charge him with unlawful possession—he was charged at the station, and in reply said that a man asked him to lead it.
Cross-examined. You were sober.
The prisoner, in his defence on oath, said that he was in Chapel Street on his way home when a man asked him to take the pony to the stable for him, as he had forgotten the grub or did not want to go back for it.
He then PLEADED GUILTY to a conviction of felony at Stratford on March 17th, 1898. Nine months' hard labour.
MR. NOLAN Prosecuted.
HENRY MARTIN . I am a stevedore of 57, Catherine Street, Tidal Basin—my sister lives next door to me at No. 55—the prisoner lives in the same house as I do, but upstairs—on Saturday, April 4th, I went home about 1 o'clock, and saw him standing outside my kitchen door with a knife in one hand and a poker in the other—I said, "What is the matter with you, why don't you go upstairs to bed?"—he did not make any reply, but truck me on my right jaw with the knife—I sent for the police, and charged him—he had been drinking—I went to a doctor, who stitched up the round.
HARRIET WHITE . I am the wife of John White, and live at 55, Catherine Street—Henry Martin is my brother—on Saturday, April' 4th, I was in my brother's house—the prisoner came down from upstairs and asked Mrs. Martin if she had seen his wife—she said, "No"—he had this knife (Produced) in his left hand and this poker in his right—my brother then came in and asked what was the matter, and then the prisoner cut him on be cheek—I went for the police, and he was taken to the station.
Cross-examined by the Prisoner. Mrs. Martin did not take up a poker to strike you.
GEORGE REED (Detective Sergeant K.) On April 4th, between 11 and 12 p.m., I was fetched to 57, Catherine Street—I saw the prisoner in the first floor front room—I told him I should take him into custody for stabbing Mr. Martin—he said, "I did not stab him, this is what I did it with; I used it to protect myself," and handed me the poker from the replace—I took him to the station—he was charged and made no reply—he had been drinking.
five or six yards from the door of 57, Catherine Street—I took it to the station, and the doctor examined it.
R. A. EASTWOOD. I am a medical practitioner of 113, Balham Street, Plaistow—I am also assistant divisional surgeon—about midnight on April 4th I went to Canning Town Police Station and found the prosecutor suffering from a wound over his right cheek, two inches long and down to the bone—I stitched it up—it was not dangerous—it could have been caused by the knife produced—I do not think it could have been caused by the poker—I examined the knife at the police station—there was a small mark on it, probably of rust.
GUILTY of assault . Two months' hard labour.
Before Mr. Common Serjeant.
436. WILLIAM McCANN (19), PLEADED GUILTY to stealing an oilskin coat, the property of William Frederick Lack, having been convicted of felony at Stratford on January 12th, 1903. Nine months' hard labour. —
(437) FRANK PALMER (20) and GEORGE FINNETT (18), to burglary in the dwelling-house of Jane Cornelius, and stealing an overcoat, having both been convicted of felony at Stratford, Palmer on July 25th, 1902, and Finnett on March 14th, 1901. There were three other indictments against both for burglary, and one against Palmer for warehouse breaking. Five years' penal servitude each. [Pleaded guilty: See original trial image.]And
(438) THOMAS ABEL PARKER (70) , to feloniously wounding Mary Ann Parker with intent to do her grievous bodily harm. Dr. Scott stated that the prisoner was very weak minded, irritable, and quite childish. Six months without hard labour. [Pleaded guilty: See original trial image.]
439. GEORGE DANSIE (38), WALTER SPRIGGS (24), JOSEPH HALL (20), and ARTHUR YOUNG (20) , Burglary in the dwelling house of George William Green, and stealing a sewing machine, two pairs of boots, and other articles, his property.
MR. METCALFE and MR. NOLAN prosecuted.
GEORGE WILLIAM GREEN . I am a dairyman, of 23, Beal Street, Plaistow—I went to bed on March 29th about 10.30 p.m., having seen the place carefully shut up—this sewing machine belongs to my wife—it was kept just inside the kitchen window on the stand—I woke up about 5 a.m. on March 30th—I went down in the kitchen—I found the kitchen window broken at the corner pane, where a hand could be put in—I missed this sewing machine and cover, and other articles, including two pairs of boots, a tablecloth, about a dozen knives, and a dozen forks, some sugar tongs, and two pairs of trousers—a similar reel of white cotton to this was on the machine, I have it in continuous use—the knives and forks have not been found, and there were eggs, jam, pies, and cocoa, cleared out—there is a watchman's hut about 100 yards off my place.
JOSEPH KENNY (149 K.) About 3.15 a.m. on March 30th, from information I received, I went to the watchman's hut at Grafton Road, Plaistow—I saw the prisoners, Springs being the watchman—Dansie and Young were lying down inside the hut—they came out while I searched the hut—Spriggs and Hall stood in front of it—I said to Spriggs, "I believe
you have some stolen property in your hut, I shall search it"—it is a very small temporary hut—I searched it—at the entrance I found a dead rabbit, and at the back of the hut another tame rabbit tied up in a handkerchief—a pail was in front of it—outside I found this machine in a sack, where a wall is being built—I said I should take them into custody—I took Spriggs and Hall to the station—they were searched—I found this reel of cotton in Hall's pocket—Dansie and Young went over the bridge.
FRANK GOBLE (498 K.) About 7.30 a.m. on March 30th I searched the watchman's hut in the Grafton Road—I found this jemmy and the case attached—it hangs on a button so as to conceal it under the coat—I also found this saw, under a tarpaulin.
JOHN MARSHALL (Detective K.) About 1.45 p.m. on March 30th I saw Dansie in the Lord Nelson public house, Beal Road, Plaistow—I said, "Come outside, I am a police officer, I want to speak to you"—outside I said, "What is your name?"—he said, "Dansie"—I said, "I shall take you into custody on suspicion of being concerned with others in committing a burglary at 23, Beal Street, this morning"—he said, "I do not know what you mean, I was at Beckton this morning, and at Bow last night"—the Beckton gas works are about three miles from this public house—he had blood on his right hand—I asked him how he accounted for the blood on his hand—he said, "That is nothing"—I took him to the station—he was detained and identified by Goble and Allen from nine other men—when charged he made no reply—after the charge was taken he said, "You may as well say I had a couple of your calves; the gate was open"—at 7.30 p.m. on April 4th I saw Young in North Street, Plaistow—said, "What is your name?"—he said, "Young"—I said, "Where do you live?"—he said, "I do not live anywhere, I have been sleeping where can lately"—I said, "I am a police officer; you answer the description of a man I want, I shall take you into custody on suspicion of being concerned with others in committing a burglary at 23, Beal Street, last Sunday sight, and stealing a sewing machine, and knives, and forks, and other articles"—he said, "I was asleep when the policeman came to the hut, he woke me up. I ran over the bridge, as I did not want to be mixed up in other people's affairs"—I searched him—I found nothing relating to the charge.
Cross-examined. You had a skin tied up in a handkerchief.
Re-examined. There is a gate in Milton Street leading to a yard where cows are kept.
WALTER ALLEN . I am a greengrocer of 45, Grafton Road, Plaistow—my premises are opposite the watchman's hut—on Sunday, March 29th, between 11 and 12 p.m. I saw Spriggs holding a rabbit over the fireplace against the hut—Dansie and Young were there—four or five men were where together, going in and out of the hut and down the road towards seal Street—they were under my observation pretty well all night—was watching my own place—I saw them moving about till about o'clock.
Cross-examined by Dansie. I did not see you lying down—my house is
seven or eight yards from the hut—I was against my shop door—I was not waiting to buy the machine—I deal in furniture.
Cross-examined by Spriggs. I did not mistake a can, for the rabbit you were holding—I knew you were the watchman—I did not report it to the police—I am sure you and the other prisoners were the men I saw—I was watching, because I had lost some of my fowls the other night.
HENRY MONTGOMERY (Police Inspector K.) I am stationed at West Ham—on March 30th I visited the prosecutor's premises at 23, Beal Street—I found that an entry had been effected by climbing over a gate in the Milton Road into the prosecutor's yard—it is a corner house—in the centre frame of the kitchen window on the ground floor I found a hole large enough to admit a hand so as to pull the catch back—the door inside communicating with the rest of the house was very extensively splintered—it was securely fastened by a thick iron hasp—there had been an ineffectual attempt to open the door—the marks on the door could have been made by a thing like this jemmy.
Dansie in his defence stated that he went to the hut to sleep, when the policeman woke him up, but that he knew nothing about the stolen property.
Spriggs in his defence on oath said that as the watchman he had to look after the place 200 yards off as well as about the hut, and that the stolen property must have been put in or near the hut in his absence; that he knew nothing about it, and he only gave Hall permission to stop and sleep there.
Hall and Young, in their defences, denied all knowledge of the stolen property.
GUILTY. HALL then PLEADED GUILTY to a conviction of felony at West Ham Police Court on August 25th, 1900, in the name of Joseph Milward.—SPRIGGS and HALL— Eighteen months' hard labour each. DANSIE and YOUNG— Fifteen months' hard labour each.
MR. METCALFE Prosecuted.
SELINA MARSHALL . I am a widow, and live at 33, Church Street, West Ham—I have lived with the prisoner as his wife about seven years—on April 12th about 3 p.m. we were at the King's Head public house—I drank two pennyworth of whiskey—a man named Penny, who was the prisoner's friend, paid for it—after that the prisoner and I went home together—we had a few words about the dinner—we were rowing in the kitchen—the jangling went on in the yard—this piece of wood was in the yard—I was struck on the head—I think the prisoner pushed me and caused me to fall—I was taken to the police station, and then to the West Ham Hospital for that night—I was an out patient till Friday—I am not quite right, but where I fell there were some bricks—I fell on the corner of something.
Cross-examined by the prisoner. When I went out on Sunday morning with my daughter Emily I said I was going to see my sister in the Infirmary—
I did not say, "I will shoot you if you do not get out of my sight," because we did not have words till dinner time—I did not say that I was going out to enjoy myself and meant to—I was going to get my daughter an engagement at the Standard Club—I did not go, because I went to Stratford—I met a sailor at the Swan Tavern, my daughter's intended husband—he asked us to have a drink, and we came into the King's Head to have a drink, and I came over to you—I went there about 1.20—I stopped there all day—my daughter never took too much—I did not see her sick—I did not put the dinner in the fire—I followed you into the garden—I threw a brick at you, but not a glass bottle or a scrubbing brush—I picked up the yard broom and struck you.
Re-examined. I am the mother of fifteen children, and never received a bruise till I met the prisoner—I would receive another blow if I could get that man off—I do not wish to press the charge.
EMILY MARSHALL . I am the prosecutrix's daughter, and live with her at 33, Church Street, West Ham—on Sunday, April 12th, I went with my mother to the King's Head public house—we saw Saunders, and mother and he left to go home—when I got home I felt queer and went upstairs—later on I heard quarrelling downstairs—I went down—mother and the prisoner went into the garden—I could see them from the kitchen—I saw mother on the ground—I saw the prisoner strike her on her side with something in his hand—it was rather long—I went out and picked mother up—I found marks on her forehead and the top of her head—she was bleeding—the prisoner had run into the street—he had no coat or hat on—mother stood at the door till a policeman came—she did not seem to know what she was doing.
Cross-examined. I had a glass of stout, and afterwards a pony of stout—I did not go into the Swan—I met the sailor in West Ham Lane—mother did not throw the meat in the fire, she smashed a dish—from the kitchen I saw you strike her with a piece of wood on her side—I did not say, "Fly, Dad, fly"—I should have stopped you—I have had to hide the knives.
WILLIAM HOPE (64 K.R.) About 6.15 on Sunday, April, 12th I searched he neighbourhood round Church Street and found the prisoner outside his own house—he asked if I was looking for him and told me his name I said, "Yes, I shall take you to the station for assaulting your wife"—he said, "She is not my wife, I am living with her; I will go quietly, will give you no trouble"—on the way to the station he said, "What I have done I have done in self defence; she threw bricks at me"—when barged at the station and this piece of wood was produced, he said, I did not do it with that piece of wood; what I done I done in self defence"—I saw a spot of blood at this end, and it was wet—there is iron on it.
The prisoner: "I said 'brick,' not ‘bricks.' "
JOHN MARSHALL (Detective Sergeant K.) At 6.30 p.m. on April 12th searched the premises at 33, Church Street, West Ham—I found this piece of wood in the back yard—I took it to the police station—I found lashes of mud on the iron at the end of it—the prisoner was brought in when Selina Marshall was there—I asked her if that was the piece of wood
she was assaulted with—she said "Yes"—on account of the state the woman was in the prisoner was remanded at the police court till the 17th—during that time she was being attended at the West Ham Hospital—her head was dressed and the wound sewed up by the doctor at the police station.
WILLIAM LESLIE BEATON . I am house Surgeon at the West Ham Hospital—at 11.40 p.m. on April 12th I examined Selina Marshall—she was suffering from a deep wound above the right temple about two inches long, and extending down to the bone of the skull, and another slighter wound on her right temple—the wounds might have been caused by such an instrument as this—she was bleeding considerably—she had to be kept in the hospital that night—she was suffering from shock—she was afterwards an out patient.
Cross-examined. The blow might have been caused by a broom handle, but that would have required a more violent blow.
The prisoner in his defence said that the prosecutrix tried to knock him down, and that he did it with a broom handle in self defence.
GUILTY. Strongly recommended to mercy by the jury on account of the great provocation he received . One month's hard labour.
Before Lumley Smith, Esq., K.C.
MR. FRIEND Prosecuted.
LOUISA POISDEN . I am the wife of Frederick Poisden, of 60, Janet Road, Custom House—on April 15th, about 11 a.m., I had a few words with my brother in the Saxby Road, and dropped my wedding ring off my finger—the prisoner helped me to find it, but we did not—the same day I received a communication from a Mrs. Davis, and in consequence went to Mr. Hammett, the pawnbroker, and asked him if he had received a ring that morning—I saw it at the shop, but they would not give it up, and I made a complaint to the police—this is it; it is worth 25s.—later on I saw the prisoner at 63, Saxby Road, and said to her, "Why don't you give me the ticket of the ring?"—she said, "I have not got it; I don't know anything about the ring"—I had not known her before.
WILLIAM WARREN . I am manager to Mr. Hammett, a pawnbroker—this ring was pawned with us by the prisoner between twelve and one on April 15th for 15s. in the name of Ada Clarke—I knew her as a customer, and I am certain she pawned it—I gave the ticket to her.
Cross-examined by the prisoner. I can not swear positively to the time you pawned it.
MRS. DAVIS. I am married, and live at 67, Saxby Road—on April 15th, about 6.30 p.m., I met the prisoner in the Peacock public house, and she asked me to buy the ticket of a wedding ring for 5s.—I did not buy it—I made a complaint to Mrs. Poisden, as I heard she had lost a ring.
Cross-examined. I did not handle the ticket, but I saw "wedding ring" and "15s." on it.
was going on between the prosecutor, Mrs. Davis, and the prisoner—I asked the prisoner what she was doing there—she said she wanted shelter, and intended staying the night—I told her she could not, she was trespassing—she then went into the front room, and I saw her put a pawn ticket into her mouth and chew it up and try to swallow it—she could not, and then she tore it, and swallowed it in halves—I said to her, "Why don't you give the woman the pawn ticket if you have it?" and she bolted into the kitchen and hid herself in a four-foot cupboard.
Cross-examined. You were not eating fish—I saw you take the ticket from your mouth.
JAMES DUNSTON (546 K.) On April 15th I was called to 63, Saxby Road—the prosecutrix said, "I am going to give this woman into custody for stealing my gold wedding ring"—the prisoner replied, "They have told you a lot of lies"—I conveyed her to the station—she was charged next morning and made no reply—later on she said that a woman named Blackman had given her the ring to pawn—I made enquiries, but no such person lived at the address she gave me.
The 'prisoner's statement before the Magistrate. "I have nothing to say, but hope you will be as lenient with me as you can; I have no witnesses to call."
The prisoner produced a written defence stating that she pawned the ring for a Mrs. Blackman, who gave her twopence, and that the ticket she offered to sell to Mrs. Davis was for a black dress pawned for 12s. 6d.
GUILTY . She then PLEADED GUILTY to a conviction of felony at Newington on November 13th, 1901, in the name of Maud Simmonds, and three other convictions were proved against her. Six months' hard labour.
Before Mr. Recorder.
Before Mr. Justice Darling.
MR. NICHOLSON Prosecuted, and MR. BARRETT and MR. THORNEBY
CLARA BEAMISH . I am the prisoner's wife—I have been separated from him since September, and have been living with my sister—I had an appointment with the prisoner on March 21st at 7 p.m.—we were out together walking about in the evening—we had no quarrel—he accused me of being at the Empire Music Hall with some men—some time afterwards I felt a blow on the back of my head, and fell down—I was senseless—I afterwards got up and walked with him until I could go no further,
when I was taken to a doctor—I did not say anything to the prisoner when I got up—I fell down again, and he then went and fetched a policeman to take me to the doctor—I did not see anything in his hand—he did not say anything to me after having accused me of being in the music hall—we never had no row—before the Magistrate I said, "The first time he hit me I said I did not think that was meant for me"—my head is very bad—I forgot I had said that he said, "For God's sake don't say anything; you will get me ten years."
Cross-examined. I believe the prisoner has been very much attached to me, but he has ill-used me before—I have met him two or three times before this evening we were on perfectly friendly terms each time—on March 21st we met in High Street, Peckham—we went towards New Cross—we went along Queen's Road—we went into a public house opposite the Empire Theatre; I do not know the name—we only went into one that night—we went up Telegraph Hill—I do not know the name of the roads we went through—I believe we went through one on the left side of which there was a park with some railings—I do not know if they were iron railings—I do not know if I have been there before—I do not remember if I had fallen down before we came to the railings—I cannot remember where we went that night—I know the fire station—we were about 500 or 600 yards from it when I fell down—the prisoner led me down to the fire station—I do not remember if he tried to ring up a doctor before he fetched a policeman—I cannot remember if my head was bathed outside the fire station—I remember being in the doctor's room—I remember my husband speaking to a policeman and their taking me to a doctor—they then took me to Camberwell Infirmary—I did not make any charge against my husband when the policeman came, I was not able to speak—I did not say to the policeman, "I have fallen down"—I cannot remember what happened at the infirmary—I did not make any charge against my husband there—I saw a doctor there, who asked me several questions—my husband came to see me next day, Sunday, I believe, he stayed an hour—I was too bad to make a complaint to him. I had very little to say—he talked to me—we were perfectly friendly—he came to see me on the following Thursday—he stayed some time—I do not think I made any complaint—my head has been too bad to know what I said—he came and saw me again on the following Sunday—my head was bad then, and has been ever since—I was wearing a black sailor hat when this occurred—it is all broken in pieces—the brim was not broken—it was battered in from the crown—I was bleeding very much—I did not see the prisoner pick up anything—when I fell the second time it was from the exertion of walking.
Re-examined. My husband gave me two or three black eyes just before Christmas, and he struck me with a knife under my chin.
WILLIAM JOHN KEATS . I am medical officer in Camberwell Infirmary—on my arrival there between 12.30 and 1 on the early Sunday morning of March 22nd my attention was called to this case—the woman's head had been shaved—she had five wounds on the top of her head, three one inch apart—they were star-shaped—about three inches in front of them
there were two more of the same charater, also one inch apart—the whole of the scalp was contused—on the right side of the face she had a contusion just beside her right eye—there was a hemorrhage beneath the white part of the right eye—both her hands and fingers were contused and abraided—there was nothing on the palms—she was suffering from shock and loss of blood—I concluded that it was a case of assault, and therefore communicated with the police that evening.
Cross-examined. I do not think the marks on the hand were occasioned by being scraped down a wall—they were contusions, not abrasions—I did not see the woman's hat—I know Pepys Road—I do not know that there is a park near there—I think it is extremely improbable the wounds were caused by the woman falling on any railings—I do not think the wounds could have been self-inflicted—if she had fallen twice on the same stone she may have caused two wounds—all the wounds were inflicted by the same implement or article—they are precisely of the same character—she had been in the infirmary about forty minutes when I first saw her—she had probably had a glass of beer—the wounds were inconsistent with an ordinary fall—I think the wound on the temple was occasioned by a fall, that was a graze—if the wounds were inflicted on purpose I think they could have been caused by a piece of Macadam if it was put into a hand-kerchief and flung round—if the woman had fallen on a loose piece of Macadam she would have had to fall five times.
HERBERT GEORGE TYMMS . I am assistant medical officer at the Camber-well Infirmary, and was the first surgeon to see this case—the prisoner came to the infirmary with the prosecutrix and a police constable—I asked the prisoner to account for his wife's injuries—he said, "This evening, about ten o'clock, in the Queen's Road, Peckham, opposite the Fire Brigade Station, the woman reeled and fell on to the stone work of some railings and struck the side of her head and face"—she said that she had lad no fit.
HENRY WATERS (288 P.) I was on duty at Peckham on March 21st—the prisoner gave me some information about the prosecutrix—I went and saw her—she was bleeding very much from her head—the prisoner said, "The woman has just fallen down and cut her head"—she was then leaning against a brick wall—I asked the prisoner if he knew her—he replied, No"—she was taken to Dr. Cox's, and then to the infirmary with the prisoner—on the way to the surgery he admitted that she was his wife.
Cross-examined. We were 80 or 100 yards from the fire station—this was about 10.30 p.m.—I have a note of the conversation—the prisoner was not excited—he was sober—he did not at once say that the woman was his wife—I am not aware that any water was procured for her—I did tot see a fireman—the prisoner assisted me to take her to the surgery—he was not unkind to her then—there was no evidence of a quarrel—I asked her how she came by her injuries—she said she had fallen down—he knew what she was saying, she was quite conscious—I did not arrest he prisoner, he was arrested eleven days afterwards—I do not know if he visited the infirmary each visiting day.
with my husband I saw a piece of granite tied in his handkerchief—he put it into his overcoat pocket.
GUILTY . Five years' penal servitude.
Before Mr. Recorder.
MR. ELLIOTT Prosecuted.
ROBERT LASHAM . I am station master at the Wimbledon Station of the London, Brighton and South Coast Railway—on Sunday. April 5th, I saw that everything was locked up at 10.40 p.m.—I went again at 6.20 a.m.—I found the front door open, and the window in the booking hall was unfastened—the bolt was shot in the door—somebody had got in from the outside through the window—there was a Railway Benevolent Institution box with the top broken off—I unfastened the booking office door with a key, and found the till on the counter empty, and one of the stock ticket drawers on the floor—the catch of the window in the booking, office was also back, and the window open about two inches—the glass opposite the catch was broken—there was a bar inside the window which was bent for about eight inches, which I think would leave enough space for a person to get through—I had last emptied the Railway Benevolent Box on January 9th—I opened it perhaps once in six months—we get very little in it—on January 9th I found a token similar to this (Produced) in it—I replaced it in the box—there was also a French halfpenny and two English farthings in it—I also replaced those—when I left the office on April 5th the box was all right—in the morning there were five or six incisions in the panels of the door of the booking office leading into the booking hall—nobody got in that way—the person who got in must have subsequently gone round and got in at the window.
ROBERT FIELD (649 V.) I was on duty at 10 p.m. on Sunday, April 5th, in Old Hill Road, Wimbledon—I saw the prisoner outside the "Alexander"—I knew him well—the "Alexander" is about 120 yards from the railway station—the public house had just been closed.
FRANCIS FORD (724 V.) At 4.30 a.m., on April 6th, I was on duty near the Broadway, Wimbledon, and about forty yards from the entrance to the goods station on the London, Brighton and South Coast Railway—I saw the prisoner in the Broadway—I knew him—he was walking cautiously, and hid in a shop door for about five minutes—I kept observation on him—he went down the London and Brighton goods yard—I lost sight of him for about ten minutes—he went in the direction of the booking office—he had no business there—the entrance gates were open—he came back—he caught sight of me and walked hurriedly away—I followed him and caught him—I was in uniform—I said, "What are you doing here?"—he replied, "I have just come off the train from London"—I said, "There is no train in now"—he replied, "I went to London" at six o'clock last night, and missed the train and had to walk home; I have just come along the Alexander Road and over the bridge"—I said, "I think you have been about here some time"—he replied, "Well, I will tell you the truth;
I went to Putney last night and got drunk, and I have been on the common; I have just come from Park Side; now you can take me to the station if, you like"—I said, "Your answers are not satisfactory, and I shall take you into custody"—I took him to the station—he was charged with being a suspected person, and I found on him this broken putty knife (Produced), an English penny, halfpenny, and two farthings, a French halfpenny, and this metal token—he said nothing when I found these on him; or in reply to the charge—I first heard of the railway booking office having been broken into at 9 a.m. the next morning—the prisoner was remanded for a week, and when he was brought up he was charged with breaking in—he said, "I know nothing at all about that; I came straight along the common and over the bridge; I am not going to have what I did not do."
WILLIAM MARTIN (87 V.) I am the station sergeant, and, in conesquence of a communication, I went to this booking office on the early morning of April 6th—I found an entry had been effected into the waiting room, by forcing back the window catch—the window had been pulled down—there were footmarks on the window ledge inside and outside—the top of a Railway Benevolent box, which was fastened to the partition, had been broken open—some beading round the ticket office was broken away, and two panels of the door had been nearly forced away, evidently with the intention of putting a hand in—the window which leads from the station yard into the booking office had been broken, a hand had been inserted, and the window opened in that way—one of the bars was bent for 7 1/2 inches, and evidently some person had forced his way through it—that would require considerable force—several drawers had been attempted to be forced open the place was in disorder I took a putty knife that was given to me at the police station, and all the marks round the waiting room and booking office exactly fitted it—considerable force had been used on the panels of the door, which would account for the knife handle breaking.
Cross-examined by the prisoner. All the damage done would take about an hour and a half.
Prisoner's defence. I was down there about ten minutes, and the police say it would take an hour and a half to do it. I was watched all the time I was there. The police stopped me in the Broadway afterwards. I went down into the yard because I wanted to go to the closet.
R. LASHAM (Re-examined.) When I searched the box on January 9th I found 5d. and these coins in it—I remitted the 5d. to the Treasury.
445. CHARLES DEARDS (31), PLEADED GUILTY to breaking and entering the dwelling house of Patrick John Edwards and stealing four candlesticks and other articles his property; also to stealing five knives and other articles the property of Howard Johnson . Eighteen months hard labour. —
Before Mr. Common Serjeant.
447. LAURA SUTTON (30) , Unlawfully procuring Lilian Beatrice Thornton to become a prostitute. Other Counts, for inducing her to resort to premises for the purpose of being carnally known by men, she being between the ages of thirteen and sixteen.
MR. HUTTON Prosecuted; MR. PURCELL Defended.
GUILTY .— Two months' hard labour.
ADJOURNED TO MONDAY, MAY 18TH, 1903.